HomeMy WebLinkAbout11-02-2011 City Council PacketTable of Contents
Agenda 3
Tobacco Free Coalition of Santa Clara County Recognition of
City of Saratoga
Staff Report 9
Presentation by Local Agency Formation Commission (LAFCO)
Staff Report 11
City Council Regular Meeting Minutes – October 19, 2011
Staff Report 13
Minutes 14
Treasurer’s Report for the Month Ended September 30, 2011
Treasurer’s Report for the Month Ended September 30,
2011 22
Review of Accounts Payable Check Registers
Check Register Report 27
Check Register 10/13/2011 29
Check Register 10/20/2011 35
Subdivision Improvement Agreement Amendment
Staff Report 38
1. Extension Request Letter 40
2. Subdivision Improvement Agreement Amendment 41
3. Subdivision Improvement Agreement 50
4. 2008 Subdivision Improvement Agreement
Amendment 77
Council Resolution to Adopt Memorandum of Understanding for
the Saratoga Employee Association (SEA)
Staff Report 81
Resolution 83
MOU 84
Attachment A 101
Council Resolution to Adopt Memorandum of Understanding for
the Saratoga Management Organization (SMO)
Staff Report 104
Resolution 106
MOU 107
Attachment A 118
Council Resolution to Approve Employment Policy for
Unrepresented Human Resources Manager Monica LaBossiere
(“LaBossiere”)
Staff Report 119
Resolution 121
Council Resolution to Approve Agreement for Employment of
City Manager David Anderson (“Anderson”)
Staff Report 122
Resolution 124
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Contract Agreement 125
Extension of Preannexation Agreement for 19351 Redberry
Drive (APN 510-25-062)
Staff Report 135
Attachment 1: July 6, 2011 Staff Report with
Attachments 137
Attachment 2: Preannexation Agreement Amendment 156
Sign Ordinance Update
Staff Report 158
Timeline 160
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WEDNESDAY, NOVEMBER 02, 2011
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
October 27, 2011)
REPORT FROM CLOSED SESSION
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Tobacco Free Coalition of Santa Clara County Recognition of City of Saratoga
Recommended action:
Accept recognition from Tobacco Free Coalition of Santa Clara County.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
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SPECIAL PRESENTATIONS
2. Presentation by Local Agency Formation Commission (LAFCO)
Recommended action:
Watch a short presentation given by Neelima Palacherla, LAFCO representative,
regarding the Saratoga Fire Protection District and provide input to LAFCO.
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3. City Council Regular Meeting Minutes – October 19, 2011
Recommended action:
Approve minutes.
4. Treasurer’s Report for the Month Ended September 30, 2011
Recommended action:
Review and accept the Treasurer’s Report for the month ended September 30, 2011.
5. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept check registers for the following accounts
payable payment cycles:
October 13, 2011
October 20, 2011
6. Subdivision Improvement Agreement Amendment
Recommended action:
1. Approve Amendment to the Subdivision Improvement Agreement between Warren
A. Sturla and the City of Saratoga.
2. Authorize the City Manager to execute the Subdivision Improvement Agreement
Amendment.
7. Council Resolution to Adopt Memorandum of Understanding for the Saratoga
Employee Association (SEA)
Recommended action:
Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga
Employee Association (SEA) July 1, 2011 to June 30, 2015.
8. Council Resolution to Adopt Memorandum of Understanding for the Saratoga
Management Organization (SMO)
Recommended action:
Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga
Management Organization (SMO) July 1, 2011 to June 30, 2015.
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9. Council Resolution to Approve Employment Policy for Unrepresented Human
Resources Manager Monica LaBossiere (“LaBossiere”)
Recommended action:
Approve the terms and conditions contained in said Resolution for Salary and Benefit
Agreement for Unrepresented Human Resources Manager effective July 1, 2011.
10. Council Resolution to Approve Agreement for Employment of City Manager David
Anderson (“Anderson”)
Recommended action:
Approve the terms and conditions contained in said Agreement for Employment
between Anderson and the City effective November 2, 2011.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
11. Extension of Preannexation Agreement for 19351 Redberry Drive (APN 510-25-062)
Recommended action:
Authorize City Attorney to extend the term of the Preannexation Agreement for the
property located at 19351 Redberry Drive (APN 510-25-062), an approximately 1.39
(gross) acre parcel contiguous with the limits of the City of Saratoga and within the
City’s Sphere of Influence and Urban Service Boundaries, from November 4, 2011 to
February 2, 2012.
12. Sign Ordinance Update
Recommended action:
Provide input to staff.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Howard Miller
City School Ad-Hoc
Council Finance Committee
Hakone Foundation Executive Committee
Santa Clara County Cities Association
SCC Cities Association Selection Committee
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
West Valley Solid Waste Management Joint Powers Association
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Vice Mayor Chuck Page
City School AdHoc
Council Finance Committee
Hakone Foundation Board
Let’s Move City
Mayor/Vice Mayor Oath of Office
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
TEA AdHoc
West Valley Sanitation District
Councilmember Jill Hunter
Historical Foundation
KSAR Community Access TV Board
SASCC
Tree AdHoc
Village AdHoc
West Valley Flood Control & Watershed Advisory Committee
Councilmember Emily Lo
Association of Bay Area Government
Carlson House Restoration AdHoc
Electric Vehicle Charging Stations AdHoc
Highway 9 AdHoc
Library Joint Powers Association
Sister City Liaison
Village AdHoc
Councilmember Manny Cappello
Carlson House Restoration AdHoc
Chamber of Commerce
County HCD Policy Committee
Electric Vehicle Charging Stations AdHoc
Highway 9 AdHoc
Let’s Move City
Mayor/Vice Mayor Oath of Office
Santa Clara County Emergency Council
TEA AdHoc
Tree AdHoc
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
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posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on October 27, 2011,
at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 27th day of October 2011 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
11/2 Regular Meeting –Joint meeting with Saratoga Ministerial Association
11/16 Regular Meeting – Joint meeting with Assemblymember Jim Beall, Jr.
12/6 Council Reorganization
12/7 Regular Meeting -- Joint meeting with Heritage Preservation Commission
and Historical Foundation
12/21 Regular Meeting –no joint meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2011
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
Administrative Analyst II
SUBJECT: Tobacco Free Coalition of Santa Clara County Recognition of City of Saratoga
RECOMMENDED ACTION:
Accept recognition from Tobacco Free Coalition of Santa Clara County.
BACKGROUND:
In honor of Lung Cancer Awareness Month, the Tobacco Free Coalition of Santa Clara County
will be recognizing the City of Saratoga for its leadership in reducing the impacts of tobacco use
and protecting the health of Saratoga citizens by passing strong tobacco prevention policies. The
recognition will be presented by Dennis Achá, Director of Programs at Breathe California and
Member of the Tobacco Free Coalition of Santa Clara County.
The Tobacco Free Coalition of Santa Clara County is a diverse community based group
representing professional, voluntary and community groups. Staffed by Santa Clara County’s
Tobacco Prevention and Education Program, this coalition provides community input to assist in
efforts to reduce and/or prevent tobacco use in Santa Clara County.
The mission of the Tobacco Free Coalition is to improve the health of all Santa Clara residents
by changing community attitudes toward tobacco uses, reducing the use of tobacco, and reducing
exposure to secondhand smoke.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City will not accept the recognition from the Tobacco Free Coalition of Santa Clara County.
ALTERNATIVE ACTION(S):
N/A
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Page 2 of 2
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:
None
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SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR:
SUBJECT: Presentation by Local Agency Formation Commission (LAFCO)
RECOMMENDED ACTION:
Watch a short presentation given by Neelima Palacherla, LAFCO representative, regarding the
Saratoga Fire Protection District and provide input to LAFCO.
REPORT SUMMARY:
LAFCO discussed the issue of the potential dissolution of the Saratoga Fire Protection District at
its October 5, 2011 meeting. At that meeting they directed its staff to provide an informational
presentation at a Saratoga City Council meeting, receive input from the City Council, and
provide a report back to LAFCO.
For more detailed information, follow this link to the LAFCO staff report from the October 5,
2011 meeting.
http://www.santaclara.lafco.ca.gov/agenda/Full_Packets/2011Packets/2011Oct05/Agenda.pdf
FISCAL IMPACTS:
None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
Provide no input to LAFCO.
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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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:
None
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SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Regular Meeting Minutes – October 19, 2011
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the October 19, 2011, City Council Regular Meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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 – Minutes from the October 19, 2011, City Council Regular Meeting.
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MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
OCTOBER 19, 2011
The City Council met in Closed Session at 6:00 p.m. in the Administrative Conference
Room
ANNOUNCEMENT OF CLOSED SESSION
Conference with Labor Negotiators – (Government Code Section 54957.6)
A. Employee Organizations: Saratoga Management Association, Saratoga Employees
Association, and/or the Northern California Carpenters Regional Council, Carpenters
Forty Six Counties Conference Board.
Agency Designated Representatives: Deanna Mouser, Monica LaBossiere,
Dave Anderson
B. Unrepresented Employee: City Manager
Agency Designated Representatives: Catherine Engberg, Deanna Mouser
Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and asked
students from Saratoga Elementary School to lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Council Members Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, and Mayor Howard Miller
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Catherine Engberg, Acting City Attorney
Ann Sullivan, City Clerk
John Cherbone, Public Works Director
Michael Taylor, Recreation and Facilities Director
Chris Riordan, Interim Community Development Director
Kimberly Thomas, MTEP Exchange Participant
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda
for the meeting of October 19, 2011 was properly posted on October 13, 2011.
MAYOR’S REPORT ON CLOSED SESSION
Mayor Miller noted there was nothing to report from Closed Session.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Kia Fariba, Chair of Saratoga Youth Commission, addressed the Council regarding the
status of the Commission. He noted the Commission is actively involved in the Teen
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Friendly Business Award, whereby Saratoga businesses offer specials and discounts to
Saratoga youth during a specific month which will encourage youth to attend the
different Saratoga establishments. The Commission is also focusing on social media such
as Facebook and email accounts. In addition, they are implementing a second monthly
meeting that is more informal and attendance is not required. The meeting is held on the
fourth Tuesday of each month and is another way for the commissioners to stay in touch
with one another.
COUNCIL DIRECTION TO STAFF
Council thanked Commissioner Kia Fariba for providing the status report of the Youth
Commission.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Vatsam Kasturi addressed the council regarding the city’s permit process and permit fees
that are required for remodeling his home. In addition, he spoke of his concerns regarding
the various school districts serving the Saratoga community.
Cathleen Casey addressed the Council regarding the recent appointment of the new
Community Development Director.
COUNCIL DIRECTION TO STAFF
Councilmember Hunter suggested that Mr. Kasturi contact the Santa Clara County Office
of Education regarding the various school districts serving the community.
ANNOUNCEMENTS
Councilmember Hunter noted the following:
The Senior Center will be hosting a Health Faire on Friday, October 21, 2011, from 3:30
p.m. to 7:00 p.m.
The Santa Clara Valley Water District will be celebrating the completion of the first of
nine flood protection projects in the Flood Protection Plan at 10:00 a.m. on Monday,
October 24, 2011. The ceremony will be held at Saratoga-Sunnyvale Road and
Calabazas Creek.
The Witchy Walk-A-bout will be held in the Village on October 29, 2011, from 1:00 p.m.
to 4:00 p.m.
Council Member Lo noted the CERT Disaster Drill will be held at 7:45 a.m. on Saturday,
October 22, 2011, at the Community Center. She added they are in need of volunteers to
role play as victims.
Mayor Miller noted that on Friday, October 21, 2011, a representative from Energy
Update California will be giving a presentation on how homeowners can remodel or
upgrade their homes to be more energy efficient. The event will be held at the Joan
Pisani Community Center at 7:00 p.m. and is open to the public.
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CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. CITY COUNCIL SPECIAL MEETING MINUTES – SEPTEMBER 15, 2011
STAFF RECOMMENDATION:
Approve minutes.
PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL SPECIAL
MEETING MINUTES – SEPTEMBER 15, 2011. MOTION PASSED 5-0-0.
2. CITY COUNCIL REGULAR MEETING MINUTES – OCTOBER 5, 2011
STAFF RECOMMENDATION:
Approve minutes.
PAGE/CAPPELLO MOVED TO APPROVE CITY COUNCIL REGULAR
MEETING MINUTES – OCTOBER 5, 2011. MOTION PASSED 5-0-0.
3. REVIEW OF ACCOUNTS PAYABLE REGI STER
STAFF RECOMMENDATION:
That the City Council review and accept the Check Register for the following
Accounts Payable payment cycle:
October 6, 2011
PAGE/CAPPELLO MOVED TO ACCEPT THE CHECK REGISTER FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCL E : OCTOBER 6,
2011. MOTION PASSED 5-0-0.
4. UPDATE OF CITY OF SARATOGA RISK MANAGEME NT POLICY
STAFF RECOMMENDATION:
Staff recommends the Council approve the update to the City of Saratoga Risk
Management Policy.
PAGE/CAPPELLO MOVED TO APPROVE THE UPDATE T O THE CITY OF
SARATOGA RISK MANAGE MENT POLICY. MOTION PASSED 5-0-0.
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5. SARATOGA MONTE SERENO COMMUNITY FOUNDATION
DONATION FOR WILDWOOD CINEMA MOVIE NIGHT
STAFF RECOMMENDATION:
Accept donation from the Saratoga Monte Sereno Community Foundation and
approve the attached budget adjustment resolution.
Mayor Miller removed this item for comment.
RESOLUTION NO. 11 - 067
CAPPELLO/PAGE MOVED TO ACCEPT DONATION FROM THE
SARATOGA MONTE SERENO COMMUNITY FOUNDATION AND
APPROVE BUDGET ADJUSTMENT RESOLUTION. MOTION PASSED 5-0-
0.
6. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ON
RAVENWOOD DRIVE
STAFF RECOMMENDATION:
Move to adopt MV Resolution restricting parking on a portion of Ravenwood Drive.
MV RESOLUTION NO. MV 300
PAGE/CAPPELLO MOVED TO ADOPT MV RESOLUTION RESTRICTING
PARKING ON A PORTION OF RAVENWOOD DRIVE. MOTION PASSED 5-
0-0.
PUBLIC HEARINGS
None
OLD BUSINESS
7. APPROVAL OF VILLAGE FAÇADE IMPROVEMENT P ROGRAM
BUDGET ADJUSTMENT
STAFF RECOMMENDATION:
Accept report and approve a budget adjustment and recommendation for future
funding review for the Village Façade Improvement Program.
Kimberly Thomas, member of the MTEP Exchange program, presented the staff
report.
Mayor Miller invited public comment.
Cathleen Casey requested to speak on this item.
No one else requested to speak on this item.
Mayor Miller closed the public comment period.
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RESOLUTION NO. 11 - 068
PAGE/CAPPELLO MOVED TO APPROVE A BUDGET ADJUSTMENT
ALLOCATING $20,000 TO THE VILLAGE FAÇADE PROGRAM FROM
THE COUNCIL DISCRETIONARY FUND UNTILL THE END OF THE
2011/12 FISCAL YEAR. MOTION PASSED 5-0-0.
COUNCIL DIRECTION:
o Make no changes to the guidelines of the Program.
o Fund this Program till the end of the 2011/12 Fiscal Year.
o City Council Village Ad Hoc Committee will review project applications and
if project meets necessary requirements and funding is available, project will
be approved by Ad Hoc Committee.
o Maximum award issuance $5,000.
o Review the Program during the Fiscal Year budget cycle as part of the Capital
Improvement Project (CIP) to see if Council would like to continue this
Program.
NEW BUSINESS
8. REIMBURSEMENT FOR HISTORIC COMPLIANCE REVIEW AND
BUILDING PERMIT APPL ICATION FEES FOR THE SARATOGA
HISTORICAL FOUNDATIO N TO REMODEL AN EXISTING STORAGE
SHED INTO A HISTORIC SCHOOL HOUSE
STAFF RECOMMENDATION:
Consider the reimbursement of Historic Compliance Review and Building Permit
application fees for the Saratoga Historical Foundation (SHF) to remodel an existing
storage shed into a historic themed one-room school house.
Michael Fossati, Planner, presented the staff report.
Mayor Miller invited public comment.
Ernie Kraule, representing Saratoga Historical Foundation, addressed the Council and
encouraged Council to waive the remodel fees.
No one else requested to speak on this item.
Mayor Miller closed the public comment period.
PAGE/HUNTER MOVED TO ALLOCATE $331.20 FROM THE COUNCIL
DISCRETIONARY FUND TO BE USED FOR REIMBURSEMENT OF
HISTORIC COMPLIANCE REVIEW AND BUILDING PERMIT
APPLICATION FEES FOR THE SARATOGA HISTORICAL FOUNDATION
(SHF) TO REMODEL AN EXISTING STORAGE SHED INTO A HISTORIC
THEMED ONE-ROOM SCHOOL HOUSE. MOTION PASSED 5-0-0.
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At this time 8:10 p.m. Mayor Miller invited the high school students that were in the
audience for government class assignment up on the Dais.
9. CITY OF SARATOGA STR EET REHABILITATION PROGRAM RSTPL-
5332(016) – AWARD OF CONSTRUCTIO N CONTRACT
STAFF RECOMMENDATION:
1. Move to declare C.F. Archibald Paving, Inc. of Redwood City to be the lowest
responsible bidder on the project.
2. Move to award a construction contract to C.F. Archibald Paving, Inc. in the amount
of $1,020,589.70
3. Move to authorize staff to execute change orders to the contract up to $100,000.
Public Works Director, John Cherbone, presented the staff report.
Mayor Miller recused himself from discussion of this item due to a conflict of interest
noting his residence is located within 500 feet of one of the streets proposed for
repaving and left the Dais.
Council Member Lo also recused herself from discussion of this item due to a conflict
of interest noting her residence is within 500 feet of one of the streets proposed for
repaving and left the Dais.
Due to the recused absence of Mayor Miller, Vice Mayor Page facilitated the
discussion of this item.
Vice Mayor Page invited public comment.
Cathleen Casey requested to speak on this item.
Janice Gamper requested to speak on this item.
No one else requested to speak on this item.
Vice Mayor Page closed the public comment period.
CAPPELLO/HUNTER MOVED TO:
1. DECLARE C.F. ARCHIBALD PAVING, INC. OF REDWOOD CITY TO BE
THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT.
2. AWARD A CONSTRUCTION CONTRACT TO C.F. ARCHIBALD
PAVING, INC. IN THE AMOUNT OF $1,020,589.70
3. AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $100,000.
MOTION PASSED 3-0-2 WITH MAYOR MILLER AND COUNCILMEMBER LO
RECUSED.
Mayor Miller and Councilmember Lo returned to the Dais.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Howard Miller – reported:
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Hakone Foundation Executive Committee – on October 7, 2011, the Japanese Consul
General presented a Commendation Award to Hakone Gardens commending them for
their role in promoting “friendship and mutual understanding between the people of
Japan and the citizens of the United States”.
Valley Transportation Authority PAC – met and confirmed that expressway lanes are
planned for Santa Clara County in the next few months. Restriping will occur in the area
of Highways 237/880 Interchange along with the installation of expressway equipment.
The expressway lane should be completed by March 2012. Public hearings are currently
being held regarding the Highway 85 expressway lane project, which is scheduled for
completion in 2013.
In addition, VTA has some extra funds on hand as a result of funding all their bonds at a
very low interest rate and investing those funds until the project is initiated. He noted
there were three items before the Policy Advisory Committee regarding the allocation of
this funding surplus. Mayor Miller added that he made the motion to fund “un-funded
liabilities” – sales tax, operation stabilization, and employee benefits.
West Valley Mayors and Managers Association – noted that Joint Venture Silicon Valley
has been working for many years on wireless access throughout Silicon Valley. A
representative from Joint Venture met with the members of the Association to discuss the
issue of inferior wireless service in some of our cities. He noted there will be a Wireless
Communication Initiative/Joint Venture Silicon Valley meeting on November 9, 2011,
from 8:30 a.m. to 12:00 noon at the Santa Clara University Leavey School of Business.
Mayor Milled noted that he along with other city staff attended the West Valley College
(WVC) Solar Gateway Grand Opening at noon today. He added the 1.1 megawatt solar
generating facility doubles the amount of solar power generated in Saratoga and will
provide over a quarter of the electricity consumed on the WVC campus when school is in
session. Also, WVC officials noted that carbon levels equivalent to what 1,000 mature
trees would have removed have been removed from the atmosphere since the
implementation of the Solar.
Mayor Miller noted that Saratoga resident Katherine Schuda was recently appointed to
the Advisory Council to the Council on Aging. Ms. Schuda is filling the seat vacated by
Shan Berry, who served on the Council for Aging for the past three years.
Vice Mayor Chuck Page – reported:
Saratoga Ministerial Association – will meet next Wednesday at Saratoga City Hall.
West Valley Sanitation District – met and noted Executive Director Bob Reed is planning
to retire in 2012. They discussed succession plans and plan to advertise locally to find a
replacement for Mr. Reed.
Vice Mayor Paged noted he was asked to be vice chair of the State Environmental Policy
Committee for the League of California Cities.
Councilmember Jill Hunter – reported:
Historical Foundation – she attended the last meeting and noted the bar-b-cue the
Foundation held recently didn’t generate as much revenue as they had hoped. The
Foundation is waiting to hear the results of the CDBG grant allocations.
KSAR Community Access TV Board – the October meeting was cancelled. KSAR Board
continues to recruit for a new member to fill the vacant seat on the Board. The candidate
appointed to this seat will also represent the Saratoga High School.
SASCC –meets next week.
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West Valley Flood Control & Watershed Advisory Committee – meets Monday, October
24, 2011.
Councilmember Emily Lo – reported:
Association of Bay Area Government – attended the Fall General Assembly ABAG
meeting on Thursday, October 13th and members listened to a presentation on “Greening
our Neighborhoods and Communities for a Sustainable Bay Area”.
Highway 9 AdHoc – a public hearing is scheduled on October 24, 2011, at 6:00 p.m. in
the Monte Sereno City Hall Council Chambers.
Councilmember Manny Cappello – reported:
Chamber of Commerce – he attended the last board meeting and they discussed the
Annual Tree Lighting and Village Open House event which is scheduled on November
25th, the day after Thanksgiving.
Santa Clara County Emergency Council – attended a special meeting that was called to
address the allocations of funds from an Emergency Management Performance Grant. In
addition, they discussed the funding allocation objectives outlined by FEMA (Federal
Emergency Management Agency) and Cal EMA (California Emergency Management
Agency). The total grant allocation that Saratoga could receive is $9,700 and would be a
50/50 match arrangement agreement with the City. Jim Yoke, Emergency Coordinator
for the City of Saratoga, will be working closely with the County Emergency Council
regarding the grant allocation to the City of Saratoga.
CITY COUNCIL ITEMS
None
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business Mayor Miller asked for a motion to adjourn the
Regular Meeting.
PAGE/CAPPELLO MOVED TO ADJOURN THE REGULAR MEETING AT 9:00
P.M. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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file a
The follo
collective
the State T
FISCAL
Cash and
As of Sep
deposit w
cash flow
allowed to
and excee
NG DATE:
TMENT:
RED BY:
T: Treasur
MENDED A
nd accept the
T SUMMARY
a government
ative body a w
l Code of the
Treasurer.
on 41004. R
k a written rep
copy with the
wing attachm
ely as well as
Treasurer’s O
IMPACT
d Investments
ptember 30, 2
with LAIF. Co
w purposes, to
o fall below $
eds the minim
SA
November 2,
Finance & A
Ann Xu, Acc
rer’s Report
ACTION
Treasurer’s R
Y
t code section
written report
e City of Sara
Regularly, at l
port and accou
e legislative b
ments provide
specifically f
Office of Quar
s Balance by F
2011, the City
ouncil Policy
avoid occurr
$2,000,000. T
mum limit requ
Unrestrict
Comerica
Deposit wi
Total Unr
ARATOGA
, 2011
Administrative
countant
for the Mont
Report for the
n 41004 requ
and accounti
atoga, Article
east once eac
unting of all
body.
e various fina
for the City’s
rterly LAIF ra
Fund
y had $135,14
on operating
rence of dry p
The total pool
uired.
ted Cash
Bank
ith LAIF
restricted Ca
Cas
A CITY C
e Services
th Ended Sep
e month ende
ires that the C
ing of all rece
e 2-20, Sectio
ch month, the
receipts, disb
ancial transac
General (Op
ates from the
44 in cash dep
g reserve fund
period financin
led cash balan
ash
s h Summary
OUNCIL
AGENDA
CITY M
DIRECT
ptember 30,
d September
City Treasure
eipts, disburse
on 2-20.035 d
e City Treasu
bursements, a
ction data for
perating) Fund
1st Quarter of
posit at Come
ds, adopted on
ng, pooled ca
nce as of Sep
13$
13,32$
13,463$
A ITEM:
MANAGER:
TOR: Mary F
2011
30, 2011.
er submit to t
ements, and f
designates th
urer shall subm
and fund balan
r the City of
d, including a
f 1977 to pres
erica bank, an
n April 20, 19
ash from all fu
tember 30, 20
35,144
28,225
3,369
Dave Ander
Furey
the City Cler
fund balances
e City Manag
mit to the Cit
nces. He sha
f Saratoga’s F
an attachment
sent.
nd $13,328,2
994, states tha
funds should n
011 is $13,46
rson
rk and
. The
ger as
ty
all
Funds
t from
225 on
at: for
not be
63,369
22
The Fund Balance schedule presented on the following page represents actual funding available for all
funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as
assets and liabilities are components of the fund balance. As illustrated in the summary below, Total
Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive
at the Ending Fund Balance – which represents the actual amount of funds available.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS
A – Change in Total Fund Balances by Fund
B – Change in Total Fund Balances by CIP Project
C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
Total Unrestricted Cash 13,463,369$
Plus: Assets 89,330
Less: Liabilities (1,302,830)
Ending Fund Balance 12,249,869$
Adjusting Cash to Ending Fund Balance
23
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE
Fund Description
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Trans fers
Fund Balance
9/30/11
General
Undesignated Unreserved Balance 563,290 (1,194,614) 720,608 803,039 6,000 (707,755.23)
Designated Fund Balances:
Designated for Operations 2,903,522 - - - - 2,903,522
Designated Economic Uncertainty 1,500,000 - - - - 1,500,000
Designated for Development 632,380 - - - - 632,380
Designated for Environmental 513,182 - - - - 513,182
Designated for Uncollected Deposits 44,791 - - - - 44,791
Designated for Hillside Reserve 500,000 - - - - 500,000
Designated for Capital Project Reserve 500,000 - (160,000) 340,000
Designated for Carryforward 326,900 - - - - 326,900
Subtotal 7,484,065 (1,194,614) 720,608 803,039 (154,000) 6,053,020
Special Revenue
Landscape/Lighting Districts 504,125 (57,258) 888 15,837 - 431,918
CDBG Federal Grants - - - - - -
Capital Project
Street Projects 1,906,037 81,238 29,895 89,295 150,000 2,077,875
Park and Trail Projects 959,923 (2,094) - 36,688 - 921,141
Facility Improvement Projects 942,051 169 397 65,285 136,430 1,013,762
Administrative Projects 147,329 (3,235) - (58) (1,430) 142,721
Tree Fund 36,771 2,500 - 500 - 38,771
CIP Grant Street Repair Projects (246,279) 33,804 - 2,317 - (214,792)
CIP Grant Park & Trail Projects (152,888) (35,093) - 59,427 - (247,408)
CIP Grant Administrative Projects 810 - - 2,617 - (1,806)
Gas Tax Fund 532,645 153,283 73,338 - (106,000) 653,266
Debt Service
Library Bond 850,657 (695,020) 1,036 883 - 155,790
Internal Service Fund
Liability/Risk Management 134,905 (175,755) - 3,465 - (44,314)
Workers Compensation 224,104 864 1,059 800 - 225,228
Office Stores Fund 15,831 6,427 584 3,441 - 19,401
Information Technology Services 231,063 23,225 - 27,700 - 226,588
Equipment Maintenance 42,817 24,559 - 14,673 - 52,703
Building Maintenance 208,518 82,132 - 52,056 - 238,593
Equipment Replacement 331,373 15,000 - - - 346,373
Technology Replacement 185,567 12,124 - 11,650 (25,000) 161,041
Total City 14,339,422 (1,727,743) 827,805 1,189,615 - 12,249,869
24
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
9/30/11
Street Projects
Traffic Safety 129,793 (6,225) - 14,386 50,000 159,181
Highway 9 Safety Project 36,033 (2,000) - 168 90,000 123,865
Annual Street Resurfacing Project 453,149 88,050 29,895 25,983 (121,781) 423,331
Annual Sidewalks Project 52,905 - - 2,500 50,000 100,405
Saratoga Sunnyvale Road Resurfacing 99,011 - - - - 99,011
Traffic Signal @ Verde Vista Lane 90,000 - - - - 90,000
Fourth Street Bridge 100,000 - - - - 100,000
Quito Road Bridge Replacement Design 6,581 - - - - 6,581
Quito Road Bridge Construction 214,470 - - - - 214,470
Village Façade Program 978 - - - - 978
Solar Power Radar Feedback Signs 24,158 - - - - 24,158
El Quito Area Curb Replacement 37,553 - - - - 37,553
Annual Storm Drain Upgrade 38,507 1,413 - 19,486 50,000 70,434
Prospect Road Median 537 - - - (537) -
Padero Erosion Mitigation 12,963 - - - - 12,963
Monte Vista Storm Drain 1,082 - - - (1,082) -
Canyon View/Elva Drain 35,000 - - 25,000 - 10,000
Village-Streets cape Impv 313,991 - - 1,772 - 312,220
Village-Phase II Construction 256,800 - - - 33,400 290,200
Saratoga-Sunnyvale/Gateway Sidewalk 2,525 - - - - 2,525
Total Street Projects 1,906,037 81,238 29,895 89,295 150,000 2,077,875
Parks & Trails
Hakone Garden Koi Pond 25 - - - - 25
EL Quito Park Improvements 10,999 - - - - 10,999
Hakone Garden Retaining Wall & D/W 137,379 - - - - 137,379
Hakone Garden Upper Moon House 375,000 - - - - 375,000
Park Restroom Improvement 57,589 - - - - 57,589
Lower House ADA Ramp - - - 630 - (630)
Park/Trail Repairs 17,681 - - - - 17,681
Playground Safety Equipment 39,064 - - 2,300 - 36,764
Blaney Plaza Improvements 6,527 - - - - 6,527
Ravenswood Playground Improvement 65,626 - - 33,758 - 31,869
Tank Trail Repair 31 - - - - 31
Mid Pen O/S Land Purchase 250,000 (2,094) - - - 247,906
Total Parks & Trails 959,923 (2,094) - 36,688 - 921,141
Facility Improvements
Facility Projects 125,518 - - 3,258 66,635 188,895
Theater Improvement 76,653 6,092 - 13,036 (5,863) 63,846
North Campus Improvements 120,446 - - 2,747 - 117,699
Corp Yard Solar Project 85,337 - - - - 85,337
Vehicle Structure Solar 125,000 - - 1,350 - 123,650
Library Improvement 335,596 (5,923) 397 28,091 - 301,979
SPCC Furniture & Fixture 4,065 - - - - 4,065
HVAC System Upgrade - - - 14,228 14,228 -
Electric Upgrades - - - 2,575 61,430 58,855
Electric Charging Station 65,000 - - - - 65,000
McWilliams House Improvement 4,435 - - - - 4,435
Total Facility Improvements 942,051 169 397 65,285 136,430 1,013,762
Administrative Projects
Financial System Upgrade 3,534 - - - - 3,534
Document Imaging Project 80,815 (854) - 1,031 10,000 88,930
CDD Document Imaging Project 22,907 - - 786 - 22,121
CMO Document Imaging Project 3,643 (506) - - - 3,137
IT Network Cabling Replacement - - - - 25,000 25,000
IT Emergency Power Back 36,430 (1,875) - (1,875) (36,430) -
Total Administrative Projects 147,329 (3,235) - (58) (1,430) 142,721
Tree Fund
Citywide Tree Planting 12,147 - - 500 - 11,647
SMSCF Tree Donation Fund - 2,500 - - - 2,500
Tree Dedication Program 24,623 - - - - 24,623
Total Tree Fund 36,771 2,500 - 500 - 38,771
CIP Grant Street Repair Projects (246,279) 33,804 - 2,317 - (214,792)
CIP Grant Park & Trail Projects (152,888) (35,093) - 59,427 - (247,408)
CIP Grant Administrative Projects 810 - - 2,617 - (1,806)
Gas Tax Fund 532,645 153,283 73,338 - (106,000) 653,266
Total CIP Funds 4,126,399 230,573 103,630 256,071 179,000 4,383,530
25
ATTACHMENT C
March June Se ptember December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38
Quarterly Apportionment Rates
Local Ag ency Investment Fund
26
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.
10/13/11 118765 118825 61 133,006.01 10/13/11 10/06/11 118764
10/20/11 118826 118852 27 152,617.93 10/20/11 10/13/11 118825
Date Check No. Issued to Dept.Amount
10/19/11 118828 WC 53,898.99
10/19/11 118829 PS 28,098.00
10/19/11 118850 PW 25,000.00
Accounts Payable checks voided during this time period:
AP Date Check No.Amount
09/15/11 118603 1,120.00
09/29/11 118649 1,758.61
09/29/11 118651 1,320.72
09/29/11 118657 14,735.55
09/29/11 118673 330.00
09/29/11 118717 1,860.00
10/05/11 118756 4,375.80
10/13/11 118803 741.00
10/06/11 118758 1,409.95
SVRIA Annual Dues
General Storm Drain Cleaning - PP
Void - Reissue
Saratoga School of Dance Void
Description
Comp Shared Risk Pool General Premium
Accounts Payable checks issued for $20,000 or greater:
Fund Purpose
SCC - Finance General
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2011 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
Void - Reissue
PREPARED BY:
West Valley Sanitation
Ending Check
No.
DEPT. DIRECTOR:
Prior Check Register
Accounts Payable
Accounts Payable
Checks
Released
October 13, 2011
October 20, 2011
Total Checks AmountType of Checks Date
Starting
Check No.
Saratoga Springs Void
BKF Engineers Void - Reissue
GFOA Void
Void
North Bay Building Maint Void
Calsense
West Coast Building Void
City of San Jose
Issued to
Mary & Michael Fox
27
Fund #10/13/11 10/19/11 Total
111 General 87,883.81 75,871.17 163,754.98
231 Village Lighting -
232 Azule Lighting -
241 Arroyo de Saratoga Landscape 170.00 170.00
242 Bonnet Way Landscape 270.00 270.00
243 Carnelian Glen -
244 Cunningham/Glasgow Landscape 300.00 300.00
245 Fredericksburg Landscape 264.00 264.00
246 Greenbriar Landscape 812.00 812.00
247 Kerwin Ranch Landscape -
248 Leutar Court Landscape 170.00 170.00
249 Manor Drive Landscape 320.00 320.00
251 McCartysville Landscape -
252 Prides Crossing Landscape 896.00 896.00
253 Saratoga Legends Landscape -
254 Sunland Park Landscape -
255 Tricia Woods Landscape 90.00 90.00
271 Beauchamps Landscape 170.00 170.00
272 Bellgrove Landscape -
273 Gateway Landscape -
274 Horseshoe Landscape/Lighting -
275 Quito Lighting 330.00 330.00
276 Tollgate LLD 180.00 180.00
277 Village Commercial Landscape -
311 Library Bond Debt Service -
411 CIP Street Projects 11,569.13 2,423.60 13,992.73
412 CIP Park & Trail Projects 9,255.33 9,255.33
413 CIP Facility Projects 847.74 847.74
414 CIP Admin Projects -
421 Tree Fund -
431 Grant Fund - CIP Streets 1,990.11 1,344.00 3,334.11
432 Grant Fund - Parks & Trails 16,404.33 16,404.33
481 Gas Tax Fund 780.00 780.00
611 Liability/Risk Mgt 295.00 295.00
612 Workers' Comp 55.53 53,898.99 53,954.52
621 Office Support Services Fund 3,021.50 3,021.50
622 Information Technology 4,420.15 616.95 5,037.10
623 Vehicle & Equipment Maint 4,290.37 50.18 4,340.55
624 Building Maintenance 4,920.34 1,713.71 6,634.05
631 -
632 -
133,006.01 152,617.93 - - - 285,623.94
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
Vehicle & Equipment Replacement
IT Equipment Replacement
Cash reductions by fund:
28
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37
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer Public Works
SUBJECT: Subdivision Improvement Agreement Amendment
RECOMMENDED ACTION:
1. Approve Amendment to the Subdivision Improvement Agreement between Warren A. Sturla and
the City of Saratoga.
2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment.
REPORT SUMMARY:
In May 2005, the City Council approved a two-lot subdivision located at Saratoga Creek Drive (SD-99-
006) and authorized the City Manager to execute a Subdivision Improvement Agreement (Agreement).
Per Paragraph 4 of the Agreement, all improvements were required to be completed within two years
from the subdivision approval or within three extensions up to 180 days each granted by the Director of
Public Works. Any further extensions require the City Council to amend the Agreement.
All three time extensions were granted and additional three-year time extension was approved by the City
Council in 2008 extending the Agreement until November 4, 2011.
Warren A. Sturla, the owner, is requesting another three-year extension and release from the obligation to
post the subdivision securities until such time as he or his successor or assigns begin the development.
His formal request is attached. Mr. Sturla supports his request by citing a lengthy economy downturn
period that has burdened the development.
The attached Subdivision Improvement Agreement Amendment, if approved, grants a time extension not
to exceed an additional three (3) years to complete the development improvements. The Amendment
provides that the improvements must be completed within three (3) years from the date of the amendment
or, if the property is sold, within two (2) years from the date of sale, whichever is sooner.
The developer will also be required to furnish to the City the subdivision securities prior to issuance of
any permit to do work on the property.
It is therefore recommended the City Council approve the amendment to the Subdivision Improvement
Agreement granting the extension for the requested amount of time and temporary release from the
subdivision securities.
38
Page 2 of 2
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Subdivision Improvement Agreement Amendment will not be executed.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The Subdivision Improvement Agreement Amendment will be executed and recorded with the County.
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. Extension Request Letter
2. Subdivision Improvement Agreement Amendment
3. Subdivision Improvement Agreement
4. 2008 Subdivision Improvement Agreement Amendment
39
40
1
RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN TO:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
THIS SPACE FOR RECORDER'S USE
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT POSTPONING
DEPOSIT OF THE REQUIRED SECURITY, REQUIRING REPOSTING OF
SECURITY, AND EXTENDING THE TIME FOR COMPLETING WORKS OF
IMPROVEMENT
THIS AMENDMENT is entered into effective ________ (“Effective Date”) by and
among Warren A. Sturla (hereinafter referred to as “Owner”) and Warren A. Sturla (hereinafter
referred to as “Subdivider”) and the City of Saratoga (hereinafter referred to as “City”) with
reference to property known as Assessor’s Parcel Number(s): 389-06-002 as described in more
detail in Exhibit A hereto (the “Property”).
RECITALS
WHEREAS, in connection with the development of the subdivision of the Property
(hereinafter known as “subject subdivision”), Owner, Subdivider and City entered into a
Subdivision Improvement Agreement (the “Agreement”) which requires Subdivider to complete
public facilities and other improvements which are a part of or appurtenant to the subject
subdivision, including, but without limiting the foregoing, all required grading, erosion control,
streets, street lights, utilities, traffic safety devices, paving, curbs and gutters, sidewalks,
pathways, bikeways, catch basins, pipes, culverts, storm drains, sanitary sewers, street trees and
street signs, water systems and fire hydrants all in accordance with and as required by the plans
and specifications for all of said improvements (collectively, the “Works of improvement”),
which plans and specifications were prepared by Creegan + D’Angelo, Civil Engineer on behalf
of Subdivider and Owner, approved by the City Engineer and now on file in the Public Works
Department; and
WHEREAS, the Agreement was entered into on May 5, 2005 and recorded with the
Santa Clara County Recorder on June 7, 2005 as Document No. 18405729; and
WHEREAS, the City and Subdivider agreed to extend the timing of construction of
Works of improvement by three (3) years in an Amendment to Subdivision Agreement (“First
Amended Agreement”), entered into on September 16, 2008 and recorded with the Santa Clara
County Recorder on October 30, 2008 as Document No. 20033343; and
41
2
WHEREAS, as part of that Agreement, Subdivider was required to post a bond for the
Works of improvement to insure that the works was completed; and
WHEREAS, Subdivider has not begun the Works of improvement as of the date of this
Amendment; and
WHEREAS, Subdivider desires to be released from the obligation to post the bond until
such time as he begins the Works of improvement; and
WHEREAS, the City is agreeable to amending the Agreement to allow the bond to be
posted by Subdivider or Subdividers’ successor/s in interest, prior to the commencement of any
work whatsoever and prior to issuance of any grading permit or other permit to begin the Works
of improvement; and
WHEREAS, Subdivider desires to extend the time limit for completing the Works of
improvement for three (3) additional years; and
WHEREAS, the City is agreeable to amending the Agreement to allow an additional time
extension not to exceed another three (3) years to complete the Works of improvement,
whereby the Works of improvement must be completed within three (3) years from the date of
this agreement or, if the property is sold, within two (2) years from the date of sale,
whichever is sooner.
NOW, THEREFORE, in consideration of the above RECITALS and the mutual promises
and covenants of the parties hereto, the Agreement is amended to read as follows:
“1. JOINT AND SEVERAL DUTIES
Owner and Subdivider are hereinafter collectively referred to as “Developer” in this
Agreement, but each shall remain jointly and severally liable for compliance with the terms of
this Agreement. Developer hereby enters into an agreement with City, by the terms of which
agreement Developer agrees to have the Works of improvement required by City completed on
or before one year from the effective date of this Agreement in accordance with the Saratoga
City Code (hereinafter “City Code”) (except as extended by Section 4 of this Amendment).”
“3. DEVELOPER’S DUTIES REGARDING IMPROVEMENT WORK
Developer hereby agrees that:
(a) Prior to Developer commencing work Developer shall provide a Notice of
Commencing Work to City. If Developer contemplates requesting a partial release,
the Notice of Commencing Work shall include a schedule of work and a cost
breakdown for each Work of improvement acceptable to the City Director of Public
Works.
42
3
(b) All Works of improvement shall be constructed by Developer at Developer’s sole
cost and expense in accordance with the improvement plans and specifications
prepared by Developer’s Civil Engineer as previously approved by the City Engineer
in a good and workmanlike manner, in accordance with all City standards,
specifications and applicable laws, rules and regulations, to the satisfaction of the
Director of Public Works. Developer agrees that the Director of Public Works shall
have the right to reject any or all of the work to be performed under this Agreement if
such work does not conform with the plans and specifications, City standards, or any
applicable law, rule, or regulation;
(c) The Works of improvement shall be maintained in good condition and repair and be
guaranteed against any defects in material and workmanship for a period of one year
from the date of final approval by the City (or such extended period of time thereafter
as is necessary to repair any such defects to the satisfaction of the City);
(d) Developer shall cause to be made and pay for soil tests conducted by a reputable soils
testing laboratory to determine gradation, bearing, and resistance value of soils within
the subject subdivision from which to determine the nature of the Works of
improvement necessary. Developer shall also cause to be made and pay for all
necessary tests including, but not limited to, necessary tests under Section 19
(Earthwork), Section 26 (Aggregate Bases), and Section 39 (Asphalt Concrete) of the
most current edition of Standard Specifications issued by the California Department
of Transportation as of the Effective Date of this Agreement.
(e) Developer shall pay to the City the cost of inspecting the Works of improvement
including the costs of staff time and any consulting services determined necessary by
the Director of Public Works;
(f) There is currently no security posted for the project. Prior to commencement of
any work whatsoever and prior to issuance of any grading permit or other permit to
begin the Works of improvement, Developer shall furnish to the City the
improvement security as required in Section 5 of this Agreement and City Code
Section 14-60.020
(g) Developer shall furnish to the City the release, indemnity agreement and insurance
coverage required by Section 11 of this Agreement and City Code Section 14-
05.055.”
“4. TIMING OF CONSTRUCTION OF WORKS OF IMPROVEMENT
Developer hereby agrees to construct all required Works of improvement as follows:
(a) As approved by the City Council, all required on-site and off-site improvements shall
be complete to the satisfaction of the Director of Public Works prior to the issuance
of the final inspection approval for any structure built on any parcel within the subject
subdivision by: (1) October 26, 2014, or (2) if the property is sold, two (2) years
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from the date of sale, as evidenced by recordation of the deed of sale conveying the
property, whichever is sooner.
(b) All off-site work (if any), shall be done prior to or concurrently with on-site work,
unless otherwise expressly specified by the conditions of the tentative map for the
subject subdivision, and initialed by the Director of Public Works here ____;
(c) The time for completion may be extended by the Director of Public Works in his/her
sole discretion, for good cause shown in writing by Developer. The Director of
Public Works may, in his/her sole discretion, allow up to three extensions of this
Agreement of up to 180 days each, provided that all requirements under this
Agreement or imposed by law are met by Developer. Any further extension requires
amendment and approval of this Agreement by the City Council;
(d) In the event that Developer fails to complete the Works of improvement within the
time specified herein, City may complete said work and Developer promises to pay
City the full cost and expenses thereof or City may recover the same from Developer,
the surety(s) and/or the holder(s) of improvement security, including reasonable
attorney fees. City, in its sole discretion, may require Developer, the surety(s), and/or
the holder(s) of improvement security to pay City in advance, sufficient monies to
cover City’s cost in completing construction of the improvements; and
(e) (e) In the event Developer has not completed the required works of improvement
within the period of time allowed by this Agreement (including any duly obtained
extensions), Developer shall not proceed further with any work of improvement
unless and until approval to do so is obtained from the City. The City reserves the
right, upon each renewal, to increase the security amounts to reflect increases in
material, labor and equipment prices. Notwithstanding the foregoing, it is understood
that in the event the Developer fails to complete any work of improvement within the
required period of time that the City may proceed against the securities required by
Section 5 of this Agreement, [this change is to make clear what we mean by
“securities” – I believe they are all in section 5. If not, there may be another way to
get the clarity I am looking for.] to obtain completion of such work of improvement,
or may initiate proceedings to revert the subdivided property to acreage.
“5. SECURITY
(a) There is currently no security posted for the project. Prior to commencement of
any work whatsoever and prior to issuance of any grading permit or other permit to
begin the Works of improvement, Developer, or Developer’s successors or assigns, as
provided for in Section 24, shall furnish to City good and sufficient security for:
(1) faithful performance and guarantee of the work; and
(2) payment of contractors, subcontractors and persons furnishing labor, materials
or equipment.
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(b) The security shall be one or more of the following forms at the option of, and subject
to approval by, the City:
(1) A bond (or bonds) of a duly authorized corporate surety in the forms attached
hereto as Exhibits B and C respectively, each issued by a corporate surety
duly authorized to transact business in the State of California (“State”); or
(2) A deposit held by the City in cash or, if approved by the City Manager,
negotiable bonds of the kind approved for securing deposits of public monies;
or
(3) An instrument of credit from an agency of the State, Federal or local
government when any agency of the State, Federal, or local government
provides at least twenty percent (20%) of the financing for the portion of the
act or agreement requiring security, or from one or more financial institutions
subject to regulation by the State or Federal government and pledging that the
funds necessary to carry out the act or agreement are on deposit and
guaranteed for payment, or a letter of credit or set aside letter issued by such a
financial institution. The form and content of such instrument, letter of credit
or set aside letter shall be subject to prior approval by the City Attorney; or
(c) The security furnished by the Developer shall be in the following amounts and for the
following purposes:
(1) An amount equal to one hundred percent (100%) of the total estimated cost of
the improvement or of the act to be performed, as determined by the Director
of Public Works, securing faithful performance of the Works of improvement
and guaranteeing against any defective work or labor done or defective
materials furnished (herein “the Faithful Performance Security”). Liability
upon the Faithful Performance Security shall both include, and be limited to
the matters specified in Section 66499.9 of the California Government Code;
and
(2) An amount equal to one hundred percent (100%) of the total estimated cost of
the Works of improvement as determined by the Director of Public Works,
securing payment to the contractor, the subcontractors, and persons furnishing
labor, materials or equipment for the Works of improvement or the
performance of the required act(s) (herein “the Payment Security”);
(3) As part of the obligation guaranteed by each security and in addition to the
face amount of the security, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys’ fees, incurred by the City
in successfully enforcing the obligation secured; and
(4) At least ten percent (10%) of the Faithful Performance Security and Payment
Security shall be provided in the form of a deposit held by the City in cash.
(d) The Faithful Performance Security required under this Section shall remain in full
force and effect for a period of one year following the completion of the work as
continuing security for the Developer’s guarantee against any defective work or labor
done or defective materials furnished, and thereafter until all deficiencies in
construction, maintenance and repair have been corrected to the satisfaction of the
Director of Public Works and final acceptance of all work is granted by the City
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Council. Upon completion of the work, the Director of Public Works may, in his or
her discretion, permit the Developer to reduce the amount of such Security if the
Director of Public Works determines that a lesser amount will be sufficient to secure
the Developer’s obligation to correct any defects in workmanship or materials.
(e) The Payment Security required under this Section shall, after final acceptance of the
work and passage of the time within which claims of lien or nonpayment are required
by law to be recorded, be reduced to an amount equal to the total claimed by
contractors, subcontractors and all persons for whom claims of lien or nonpayment
have been properly recorded and timely notice thereof given in writing to the City,
and if no such claims have been recorded, the Payment Security shall be released in
full. The reduction or release of security authorized herein shall not apply to any
amount deemed by the City Manager to be necessary as security for costs, expenses
and fees, including reasonable attorneys’ fees that may be incurred by the City as a
result of any breach of this improvement Agreement by the Developer.
(f) If the required improvements are financed and installed pursuant to a special
assessment proceeding and the contractor has furnished a Faithful Performance
Security and Payment Security as required by the special assessment act pursuant to
which the improvements are being constructed, the improvement securities required
under this Section may, in the sole discretion of the Director of Public Works be
reduced by an amount corresponding to the amount of such securities so furnished by
the contractor.
(g) Any damage to Works of improvement or property as provided in Section 11 of this
Agreement that occurs during or within one year after completion of the Works of
improvement shall be completely repaired to the satisfaction of the Director of Public
Works by Developer before release of improvement security.
(h) Each security required in order to comply with this Agreement shall be maintained in
full force and effect unless and until the obligation to provide such security is
released, or partially released by the Director of Public Works in writing.
(i) Release of each security by City shall be in compliance with Section 66499.7 of the
California Government Code.
(j) Where the performance of an obligation for which a security is required is subject to
the approval of another agency, the City shall comply with Section 66499.8 of the
California Government Code.”
24. MODIFICATION AND COMPLETE UNDERSTANDING; BINDING ON
SUCCESSORS AND ASSIGNS; RUNS WITH PROPERTY; ORIGINAL
DEVELOPER PRIMARILY LIABLE
This Agreement sets forth the complete understanding of the parties and supersedes all
prior agreements, understandings, negotiations and discussions, whether oral or written, of the
parties in connection with the subject matter thereof. No supplement, modification, discharge,
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waiver or termination of this Agreement or any provisions hereof shall be binding unless
executed in writing by the parties to be bound thereby.
This Agreement shall be binding upon the successors and assigns of each of the parties.
Developer shall inform potential buyers of parcels of land created by the underlying subdivision
of the obligations on successors and assigns created by this Agreement, including the fact that
there is currently no improvement security posted for the project. Developer shall inform
potential buyers that successors and assigns must furnish to the City the improvement
security as required in Section 5, prior to commencement of any work whatsoever and
prior to issuance of any grading permit or other permit to begin the Works of
improvement. Developer shall also inform potential buyers that the Works of improvement
must be completed by (1) October 26, 2014, or (2) two (2) years from the date of sale, as
evidenced by recordation of the deed of sale conveying the property, whichever is sooner.
Developer shall provide a copy of the original executed Agreement and all Amendments
to this Agreement (including this Amendment) to each potential buyer. Developer agrees to
provide City with acknowledgment of his/her disclosure to each potential buyer of their rights
and responsibilities under this Agreement pursuant to the form provided in Exhibit F. Developer
agrees that the sale of all or part of the lands of the underlying subdivision does not
automatically transfer from or in any way relieve the Developer of the duties to perform or the
security obligations of this Agreement. Those duties to perform and security obligations attach
to Developer as of the Effective Date of this Agreement and remain until all obligations of
Developer under this Agreement are fulfilled or transferred by substitution of a replacement
agreement and replacement securities acceptable to the City.”
Except as specifically provided in this Amendment, all terms of the Agreement shall
remain in full force and effect. To the extent there is any conflict between the Amendment and
the Agreement, the terms of the Amendment shall control.
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto
on __________, 2011.
Date __________ Owner:
WARREN A. STURLA
____________________________________
Date___________________ Subdivider
WARREN A. STURLA
____________________________________
Date__________________ City
CITY OF SARATOGA
By: __________________________
Dave Anderson
City Manager
INSTRUCTIONS
This Agreement shall be recorded. Owner(s) and Subdivider(s) signature(s) must each be
acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to
be recorded (California Civil Code §1169, et seq.)
ACKNOWLEDGEMENT
STATE OF CALIFORNIA _____________________________)
COUNTY OF _______________________________________)
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On ___________, 2___, before me, _____________________________________,
personally appeared ______________________________________, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to
the within instrument, and acknowledged to me that he/she executed the same in his/her
authorized capacity as Subdivider, and that by his/her signature on the instrument, the person, or
the entity on behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
Signature ___________________________________
[Seal]
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: D. Mouser and M. LaBossiere DIRECTOR: Catherine Engberg
Labor Negotiating Team Acting City Attorney
SUBJECT: Council Resolution to Adopt Memorandum of Understanding for the
Saratoga Employee Association (SEA)
RECOMMENDED ACTION:
Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga Employee
Association (SEA) July 1, 2011 to June 30, 2015.
BACKGROUND:
SEA is the labor organization or exclusive representative of the employees and mid-management
employed by the City, excluding employees and mid-management in the Streets and Parks
Divisions represented by the “UNION”.
SEA and the City’s labor negotiations team 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 Memorandum of Understanding (MOU).
The previous Memorandum of Understanding (MOU) with SEA expired on September 30, 2011.
Preceding the expiration of the MOU on September 30, 2011, the City and SEA agreed to
changes to the MOU on August 17, 2011 in a Side Letter of Agreement to reduce personnel
related expenditures to address the budget shortfall resulting in Fiscal Year 2011-2012 savings of
approximately $229,000 in total compensation and benefits.
The following is a summary of short and long-term key issues that the City and SEA have
reached agreement on:
• Retirement: Effective September 1, 2011, each SEA 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 includes a 2-tier retirement
plan for employees hired after the City completes the PERS-required process. These
employees will be provided a 2%@60 defined benefit retirement formula with a three (3)
year average of salary as part of the retirement calculation.
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• Medical Insurance Premiums: Medical insurance premium costs for employees continue to
grow year after year at rates that exceed the city’s revenue growth. For employees hired after
July 1, 2011, the City’s contribution for medical insurance will be a specific amount set for
each tier of coverage, with the employee paying the amount above the City’s contribution
level. ($600 for employee only, $1200 for employee and one dependent, and $1500 for
employee and two or more dependents).
• Elimination of Bi-Annual Salary Survey: Effective July 1, 2011, 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 SEA as this provision in the MOU makes it inapplicable.)
• Paid Time Off (PTO) Cap: The City will enforce its PTO cap.
• Public Accountability: Administrative Leave and PTO will be taken by exempt (salaried)
employees and tracked in increments of one hour or more in a workday.
• Furlough: SEA unit members will take two (2) furlough days during FY2011-2012.
SEA will confirm its ratification results by Monday, October 31, 2011.
FISCAL IMPACTS:
In Fiscal Year 2011-2012, the savings is approximately $229,000 in total compensation and
benefits. Additional savings will be realized in future years.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
SEA unit members would continue to receive benefits as per SEA’s Memorandum of
Understanding which expired on September 30, 2011 and per the City and SEA agreement to
changes to the MOU on August 17, 2011 in Side Letters of Agreement.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
The future scheduled longevity pay for SEA positions will be effective upon unit members
eligibility.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Resolution
2. MOU TA
3. MOU TA – SEA Attachment A
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING MEMORANDUM OF UNDERSTANDING
FOR THE SARATOGA EMPLOYEE ASSOCIATION (SEA)
July 1, 2011 to June 30, 2015
WHEREAS, representatives of the City and SEA have reached agreement on
matters relating to the employment conditions of said employees, as reflected by the
written Memorandum of Understanding, which is attached hereto and made a part hereof;
and
WHEREAS, the Memorandum of Understanding was ratified by the SEA
membership; and
WHEREAS, this Council finds that the terms and conditions contained in said
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 Memorandum of Understanding for
the Saratoga Employee Association July 1, 2011 to June 30, 2015 attached as Exhibit A
to this resolution are hereby adopted.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 2nd day of November 2011, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan,
City Clerk
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TENTATIVE AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA
(FINAL DRAFT 10/27/2011)
1 006055.00004/10103397v1
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SARATOGA
AND
SARATOGA EMPLOYEE ASSOCIATION (SEA)
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 Saratoga Employees Association (SEA), hereinafter referred to as "SEA."
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 SEA
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.
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CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA
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006055.00004/10103397v1
B. City Council Approval
City Council approval of the terms of this MOU is incorporated in Resolution No.
_____________ adopted on _______________, 2011.
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 SEA by this Agreement. These CITY rights include but are not limited to the right to:
1. Determine and modify the organization of City government and its constituent work units;
2. Determine the nature, standard, levels, and mode of delivery of City services;
3. Determine the methods, means, number, and kind of personnel by which City services are
provided;
4. Determine the procedures and standards for selection for employment and promotions;
5. Establish employee performance standards including, but not limited to, quality standards,
and to require compliance with those standards;
6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline 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.
E. Meyers-Milias-Brown Act (MMBA)
Nothing in this Article shall relieve the CITY of its obligation to meet and confer on the
impact of the exercise of those rights, which are mandatory subjects of bargaining under the
Meyers-Milias-Brown Act.
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CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA
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III. 5-STEP RANGE TABLE PAY PLAN AND COST OF LIVING ADMINISTRATION
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.
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 SEA 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.
B. Compensation
Cost of Living Adjustment – For fiscal year 2011-12, each SEA member shall receive a
cost-of-living adjustment of one and 37/100 percent (1.37%).
For each subsequent year of this MOU, each SEA member shall receive an annual cost-of-
living adjustment of no less than one percent (1.0%) and no greater than two and one-half
percent (2.5%) as based upon the annual average for the 12 month period of January 1 to
December 31 of the U.S. Department of Labor, Bureau of Labor Statistics, “All Urban
Consumers (CPI-U)” for the “San Francisco-Oakland-San Jose” region.
If the annual average falls below one percent (1.0%), each SEA member shall nevertheless
receive a minimum one percent (1.0%) cost-of-living adjustment; if the above Index
increases above two and one-half percent (2.5%), each SEA member shall nevertheless
receive a maximum two and one-half percent (2.5%) cost-of-living adjustment.
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 – Each employee will be eligible to receive a salary
increase to the next higher step within the range of their assigned classification upon the
employee’s anniversary date of hire.
Eligibility for Progression within Range - All regular and eligible employees (with
reference to the paragraph immediately above) will be evaluated on an anniversary basis
and will advance in their pay range based on anniversary performance evaluation results.
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CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA
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No increase in pay shall be automatic solely upon completion of a specified period of service.
All increases shall be contingent upon a satisfactory anniversary 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 aniversary
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 in accordance with Article III. 5-Step Range Table Pay Plan and Cost of Living
Administration, Section B. Cost of Living Adjustment. 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
anniversary 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, except as provided for in Article III. 5-Step Range Table Pay Plan and Cost
of Living Administration, Section C. Performance Incentive Compensation.
Promotion - Promotion is the movement of an employee from one classification to another
classification having a higher salary range. At the time an employee is promoted, his or her
salary shall be adjusted as follows:
If the first step in the salary range for the employee’s new position is at least five percent (5%)
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 anniversary
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
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CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA
(PROPOSAL DRAFTED 10/27/2011)
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006055.00004/10103397v1
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 the conditions are met.) If no vacancy exists, the employee may ask to be
placed on a re-employment list.
C. Performance Incentive Compensation
Employees represented by SEA who have remained at Step 5 for five (5) years may be eligible
for an additional five percent (5%) of pay following receipt of a cumulative rating of three (3)
points or greater during the anniversary employee performance evaluation. Five (5) years after
meeting the criteria for the initial performance incentive compensation described above, a
qualified employee -- that is an employee who has remained at five percent (5%) above the top
of his/her same salary range -- may be eligible for an additional salary increase of five percent
(5%), for a maximum of 10% above Step 5 following receipt of a cumulative rating of three
(3) points or greater during the anniversary employee performance evaluation.
D. Anniversary Employee Evaluations
The CITY administers an anniversary employee evaluation process. 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 t o
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 anniversary 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.
E. Furlough Days
Effective September 1, 2011, each SEA unit member will forego receiving payment for 2
days of furlough on days that would otherwise be work days between September 1, 2011,
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CITY PROPOSED AGREEMENT BETWEEN THE CITY OF SARATOGA AND SEA
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and June 30, 2012. The employee is not to perform any work on the furlough day. The two
days of City-wide furloughs will be approved by the City Manager after receiving
employee input.
A supervisor may require in writing that an employee will take a different day off as a
furlough day when necessary for operational needs. The supervisor will only authorize an
employee to take a different day off when necessary for the City’s operational needs (such
as the IT department working on a City-wide furlough day to perform an IT upgrade that
needs to be performed when others are not working).
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
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 (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.
IV. WORKING CONDITIONS
The CITY will continue to operate on a 9/80 work schedule to be determined by the City
Manager and Directors where a full-time work week constitutes forty (40) hours within seven
consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours. Employees on a
9/80 schedule are scheduled to work 8 nine hour days, 1 eight hour day, and have one day off
every two weeks. An employee’s workweek begins in the middle of the employee’s 8 hour day
and the employee’s day off is on the same day of the week in the following week. For
example, the standard 9/80 work schedule for most SEA members is as follows:
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
off
9
9
9
9
4
(end)
off 4
(start)
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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.
V. OVERTIME WORK
Those employees eligible through the Fair Labor Standards Act for overtime shall receive it
according to the law:
(1) Overtime for all eligible SEA members shall be defined as any time worked beyond the
standard work week as described above. The 9/80 work schedule may not be used in any
application that requires entitlement to FLSA overtime as the CITY and SEA agree to the
9/80 work schedule;
(2) Overtime compensation shall be computed at one-and-a-half times the employee’s regular
rate of pay for hours worked over 40 hours in one workweek; Overtime is paid only for
hours worked beyond 40 hours in a week, not hours paid.
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 overtime is
required to be turned in with the employee’s time sheet for each pay period.
VI. STANDBY PAY
Non-exempt employees 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 $25.00 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 $50.00 per day for
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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 $25.00 for standby after working the employee’s regularly scheduled shift.
VII. 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 one (1) hour 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 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 one-hour minimum.
VIII. DIFFERENTIAL FOR SPLIT SHIFT
SEA members in the Facilities Maintenance classification shall receive an additional $25.00 for
each day when required to work a split shift. A split shift means a work schedule that is
interrupted by non-paid and non-working periods of more than one hour scheduled by the City
other than rest or meal periods. For example, if the City scheduled a Facilities Maintenance
employee to work from 8 to 11 a.m. and again the same day from 2 to 7 p.m., the break of more
than one hour mid-day is a split shift.
IX. MEAL REIMBURSEMENT
The CITY will provide a meal or reimburse the cost of a meal up to $10.00 for each employee
who is required to work extended overtime or who is required to work an extended emergency call
out. Meal reimbursement is available if the employee works in excess of ten (10) consecutive
hours during a scheduled work day or if the employee works in excess of four (4) hours during an
emergency call out. Two meals will be provided if work is required in excess of eight (8) hours
during an emergency call out.
X. BENEFITS
A. Health and Dental Premium Contributions and In-Lieu Payments
The CITY contributes 100% of the medical premium for regular, full-time employees who
elect either the Kaiser, Blue Shield, or PERS Choice plans. Each plan includes eligibility for
employee only, employee & 1 dependent, and employee & 2+ dependents. For employees
who elect to enroll in the PERS Care Plan, the CITY will contribute the amount equal to the
Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, depending on the
plan choice (i.e. employee only, employee & 1 dependent, or employee & 2+ dependents).
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The CITY contributes 100% of the dental premium for regular, full-time employees.
The health and dental contributions paid by the City 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.
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.
Only qualifying events as defined by law allow employees to make a change to their health,
dental, and/or in-lieu enrollment elections during the year (outside of the annual open
enrollment period). If an employee submits proof of other coverage at a time other than
open enrollment, Human Resources will process the cash in-lieu payment(s) effective the
date following the last date of enrollment in the health and/or dental plan which is
determined by the health and/or dental plan contracts.
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.
B. 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 premium above the City contribution, the employee will pay the amount above the
City contribution as a payroll deduction.
C. Life and Accidental Death Insurance
The CITY provides $50,000 of life and accidental death and dismemberment insurance for all
non-management, and $100,000 of life and accidental death and dismemberment insurance for
mid-management employees. SEA members designated mid-management include the City
Clerk, Senior Recreation Supervisor, Facilities Maintenance Supervisor, Building Official,
Senior Civil Engineer, Senior Planner/Planning Manager, and Senior Arborist. Coverage shall
begin on the first day of the month following date of hire and ends on the date of separation.
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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.
D. Confidential Employees
The CITY may designate certain employees as “Confidential.” Confidential employees are
privy to management decisions and related confidential information regarding
employer/employee relations. Confidential employees on the list below shall be restricted
from representing SEA on matters within the scope of representation.
Effective on the date of this agreement, employees occupying the following positions are
designated as “Confidential”:
Position Department
Administrative Analyst I/II CM Department
City Clerk CM Department
Executive Assistant to the CM/Deputy City Clerk CM Department
Accounting Technician F&A Department
Accountant I/II F&A Department
IT Administrator F&A Department
E. 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 SEA 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 in increments of (1) hour or
more in a workday. For example, when the employee leaves work one hour early to take
care of personal business.
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F. Paid Time Off (PTO)
FY 2011-12 PTO Cash-Out Option:
For each employee with over 400 hours of accrued PTO as of August 31, 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 September 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.
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XI. 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 of full-time service.
On an annual basis, PERS provides the City with an “annual employer statement” which
includes a description of the benefits included in the City’s contract with PERS for the 2%@55
plan (contract effective date: September 1, 1999) and the 2%@60 plan (effective date to be
determined). On an annual basis, the CITY will provide SEA members a copy of the 2%@55
and 2%@60 reports following the City’s receipt of the reports by PERS. Effective October 26,
2011 the City will provide SEA members a copy of the 2%@55 “annual employer statement.”
Tier 1: CalPERS Retirement Plan of 2%@55 for Employees Hired Before July 1, 2011: The
CITY, through its contract with PERS, provides for retirement benefits for any employee hired
before July 1, 2011 as defined by the 2%@55 retirement plan formula (contract effective date:
September 1, 1999). The City’s 2%@55 contract with PERS includes Government Code 20042 –
the final compensation is the average full-time monthly pay rate for the highest 12 consecutive
months.
Effective September 1, 2011, each employee covered by the 2%@55 retirement plan formula
will pay 7% of the employee’s compensation on a pre-tax basis.
Tier 2: CalPERS Retirement Plan of 2%@60 for Employees Hired After July 1, 2011:
Effective upon agreement from all City bargaining groups and as soon as the City can complete
the legally-required process with PERS, a Tier 2 Retirement Plan of 2%@60 will be implemented
for any employee hired on or after July 1, 2011. The City’s 2%@60 contract with PERS will
include Government Code Section 20037 – the final compensation is the highest average annual
compensation earnable by a member during the three consecutive years of employment
immediately preceding the effective date of his or her retirement.
Each employee covered by the 2%@60 plan will pay 7% of the employee’s compensation on a
pre-tax basis.
XII. UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time employee in the following positions shall receive an allowance of $200
per fiscal year for the purchase of safety boots, protective clothing, and laundering of uniform
shirts:
Facilities Maintenance Worker I/II/III, Lead
Facilities Maintenance Supervisor
Code Compliance Specialist
Building Inspectors
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Three shirts per employee per year are purchased directly by the City in the colors designated
by the City. This $200 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.
XIII. 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 or required course are eligible for the CITY’s tuition
reimbursement program.
A. Coursework for Degree or Certificate
If the course(s) taken is/are job related or in fulfillment of the requirements for a degree or
certificate, one-hundred percent (100%) reimbursement will be afforded for tuition, fees and
books by the CITY up to a maximum of one thousand dollars ($1,000) per employee per fiscal
year. The Department Head and City Manager will determine job-relatedness.
B. Coursework for Professional Development
If the course(s) is/are not specifically related to the employee’s current position, and does not
fulfill the requirements for a degree or certificate, but does provide for professional
development related to the worker’s position of employment or a higher position in the CITY,
reimbursement will be afforded for tuition, fees and books by the CITY at one-hundred
percent (100%), up to a maximum five hundred dollars ($500) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s) requirements.
Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system.
XIV. GRIEVANCE PROCEDURE
A. Policy - The goal of this grievance procedure is to make every reasonable effort to resolve
applicable complaints as near as possible to the point of origin.
B. Eligibility to File a Grievance - A grievant is a regular employee who is personally affected
by an act or omission that occurred no more than 15 calendar days prior to the reporting of
the grievance, provided that the act or omission comes within the definition of “grievance”
as described herein.
C. Definition of “Grievance” - Subject to the exclusions, a grievance is defined as any dispute
that: (1) is job-related, (2) is wholly or partially within the province of the CITY to rectify
or remedy, (3) concerns terms and conditions of employment, (4) involves the
interpretation, application, or alleged violation of a specific section or provision of the
current MOU between the CITY and SEA, and (5) is not subject to any other CITY dispute
resolution process or procedure that is provided by statute, ordinance, resolution or
agreement.
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D. Exclusions from the Grievance Procedure - The following matters are excluded from the
definition of “grievance”:
1. Requests for changes in wages, hours, or working conditions, including any impasse or
dispute in the meeting and conferring process or matter within the scope of
representation;
2. Requests for changes in the content of employee evaluations or performance reviews,
oral or written warnings, reprimands or counseling;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement, or denial of a
step or merit increase;
4. Challenges to any disciplinary action;
5. Challenges to examinations or appointment to positions;
6. Management of the CITY generally, or issues of CITY or Department policy;
7. Determination of the nature, necessity or organization of any service or activity
conducted by the CITY, including the decisions to expand or reduce services or the
workforce, and/or to impose layoffs;
8. Methods of financing;
9. Determination of and/or change in facilities, equipment, methods, technology, means or
size of the work force;
10. Determination of or change in the location, number of locations, relocations and types
of operations, processes or materials to be used in carrying out CITY functions;
11. Determination of work assignments and schedules;
12. Determination of productivity or performance programs and standards;
13. Determination of standards, policies, and procedures for selection, training, and
promotion of employees; and
14. Establishment, implementation, and modification of Department organizations,
supervisory assignments, chains of command, and reporting responsibilities.
E. Arbitration and Grievance Procedure - If the SEA 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.
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1. STEP (1) - The SEA Representative will attempt to resolve the matter with the
supervisor. If the matter is not resolved, the SEA will file a written grievance with the CITY’s
Human Resources representative within fifteen calendar days after the employee or SEA 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 abo ve time
shall be invalid or waived, excepting any complaint relative to wages shall not be deemed
invalid or waived until thirty (30) calendar days subsequent to origin of cause of the complaint
and in no event shall an employee be deprived of actual wages due.
2. STEP (2) - The CITY shall answer the grievance in writing within fourteen (14)
calendar days after the written grievance is filed. The City Human Resources representative and
the SEA will discuss the grievance during this period. If the grievance is not settled, the SEA
may advance it to Step 3 by giving written notice to the City Manager within seven (7) calendar
days after the CITY Human Resources representative answers the grievance in writing. If the
CITY does not timely file an answer, the grievance will automatically advance to Step 3 and
the SEA may request to meet with the CITY manager.
3. STEP (3) - During the seven (7) calendar days after a grievance advances to Step 3, the
City Manager and the SEA will attempt to settle it. If it is not settled during that seven (7)
calendar day period, the SEA may advance it to Arbitration by delivering written notice to the
City Manager within fourteen (14) calendar days after the end of the seven (7) calendar day
period. In the absence of such written notice, the grievance will be settled on the basis of the
CITY’s answer.
The time limits in this Grievance Procedure may be extended by mutual written agreement.
Each party will provide the other with a current address of that party’s representatives
identified above.
4. ARBITRATION
(a) Upon filing by the SEA of an appeal to arbitration as provided in Step 3 of the
Grievance Procedure, the parties will promptly attempt to agree on an independent
arbitrator to hear and resolve the grievance.
(b) If the parties are unable to agree on an arbitrator within seven (7) calendar days after the
SEA 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.
(c) Upon receipt of the list, the parties will promptly select an arbitrator to hear and decide
the grievance by alternately striking names from the list (coin toss for first strike) until
only one remains, and s/he will be the arbitrator for the case.
(d) The arbitrator will decide the case by a written opinion following the hearing. The
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arbitrator’s decision will be final and binding provided that the arbitrator ’s decision is
based on the provisions of this Agreement as written and does not add to, subtract from
or ignore any provision of this Agreement. Either party may have a transcript of the
hearing made, but in that event, that party will pay for the transcript.
(e) The fees and expenses of the arbitrator and the court reporter will be paid one-half by
each party. Each party’s own expenses will be paid by that party.
XV. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives
of the CITY and the representatives of the SEA for the period designated, and applies to all
positions represented by the SEA.
XVI. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the SEA. City Council
adoption of Resolution No. ____________and ratification by the SEA will commence the terms of
this MOU.
Representative of the Representative of the
City of Saratoga: Saratoga Employees Association:
Dave Anderson, City Manager Steve Moore, President
Date: Date:
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EXHIBIT “A”
100
SARATOGA EMPLOYEE ASSOCIATION (SEA)
FY 2011/12 Salary Range Table
POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
MID-MANAGEMENT CLASSIFICATIONS
Arborist - Senior 3,468.00 3,641.60 3,824.00 4,015.20 4,216.00 EXEMPT
90,168.00 94,681.60 99,424.00 104,395.20 109,616.00
43.35 45.52 47.80 50.19 52.70
Building Official 3,918.40 4,114.40 4,320.00 4,536.00 4,763.20 EXEMPT
101,878.40 106,974.40 112,320.00 117,936.00 123,843.20
48.98 51.43 54.00 56.70 59.54
City Clerk 3,520.00 3,696.00 3,880.80 4,075.20 4,279.20 EXEMPT
91,520.00 96,096.00 100,900.80 105,955.20 111,259.20
44.00 46.20 48.51 50.94 53.49
Engineer - Senior Civil 3,918.40 4,114.40 4,320.00 4,536.00 4,763.20 EXEMPT
101,878.40 106,974.40 112,320.00 117,936.00 123,843.20
48.98 51.43 54.00 56.70 59.54
Facility Maintenance Supervisor 3,008.80 3,159.20 3,316.80 3,482.40 3,656.80 EXEMPT
78,228.80 82,139.20 86,236.80 90,542.40 95,076.80
37.61 39.49 41.46 43.53 45.71
Planner - Senior 3,468.00 3,641.60 3,824.00 4,015.20 4,216.00 EXEMPT
90,168.00 94,681.60 99,424.00 104,395.20 109,616.00
43.35 45.52 47.80 50.19 52.70
Recreation Supervisor - Senior 3,008.80 3,159.20 3,316.80 3,482.40 3,656.80 EXEMPT
78,228.80 82,139.20 86,236.80 90,542.40 95,076.80
37.61 39.49 41.46 43.53 45.71
STAFF CLASSIFICATION
Account Clerk 2,108.80 2,214.40 2,324.80 2,440.80 2,563.20 NON -
(Rec & Facilities Dept.)54,828.80 57,574.40 60,444.80 63,460.80 66,643.20 EXEMPT
26.36 27.68 29.06 30.51 32.04
Accountant I 2,750.40 2,888.00 3,032.80 3,184.80 3,344.00 EXEMPT
71,510.40 75,088.00 78,852.80 82,804.80 86,944.00
34.38 36.10 37.91 39.81 41.80
Accountant II 2,944.00 3,091.20 3,245.60 3,408.00 3,578.40 EXEMPT
76,544.00 80,371.20 84,385.60 88,608.00 93,038.40
36.80 38.64 40.57 42.60 44.73
Accounting Technician 2,244.00 2,356.00 2,473.60 2,597.60 2,727.20 NON -
58,344.00 61,256.00 64,313.60 67,537.60 70,907.20 EXEMPT
28.05 29.45 30.92 32.47 34.09
Administrative Analyst I 2,750.40 2,888.00 3,032.80 3,184.80 3,344.00 EXEMPT
71,510.40 75,088.00 78,852.80 82,804.80 86,944.00
34.38 36.10 37.91 39.81 41.80
Administrative Analyst II 2,944.00 3,091.20 3,245.60 3,408.00 3,578.40 EXEMPT
76,544.00 80,371.20 84,385.60 88,608.00 93,038.40
36.80 38.64 40.57 42.60 44.73
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SARATOGA EMPLOYEE ASSOCIATION (SEA)PAGE 2
FY 2011/12 Salary Range Table
POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Building Inspector 2,948.00 3,095.20 3,249.60 3,412.00 3,582.40 NON -
76,648.00 80,475.20 84,489.60 88,712.00 93,142.40 EXEMPT
36.85 38.69 40.62 42.65 44.78
Code Compliance Specialist 2,354.40 2,472.00 2,596.00 2,725.60 2,861.60 NON -
61,214.40 64,272.00 67,496.00 70,865.60 74,401.60 EXEMPT
29.43 30.90 32.45 34.07 35.77
Engineer - Assistant 2,941.60 3,088.80 3,243.20 3,405.60 3,576.00 EXEMPT
76,481.60 80,308.80 84,323.20 88,545.60 92,976.00
36.77 38.61 40.54 42.57 44.70
Engineer - Associate 3,379.20 3,548.00 3,725.60 3,912.00 4,108.00 EXEMPT
87,859.20 92,248.00 96,865.60 101,712.00 106,808.00
42.24 44.35 46.57 48.90 51.35
Executive Assistant 2,403.20 2,523.20 2,649.60 2,782.40 2,921.60 NON -
to the City Manager 62,483.20 65,603.20 68,889.60 72,342.40 75,961.60 EXEMPT
30.04 31.54 33.12 34.78 36.52
Facility Coordinator 2,166.40 2,274.40 2,388.00 2,507.20 2,632.80 NON -
56,326.40 59,134.40 62,088.00 65,187.20 68,452.80 EXEMPT
27.08 28.43 29.85 31.34 32.91
Facility Maintenance Lead Worker 2,507.20 2,632.80 2,764.80 2,903.20 3,048.00 NON -
65,187.20 68,452.80 71,884.80 75,483.20 79,248.00 EXEMPT
31.34 32.91 34.56 36.29 38.10
Facility Maintenance Worker I 1,812.00 1,902.40 1,997.60 2,097.60 2,202.40 NON -
47,112.00 49,462.40 51,937.60 54,537.60 57,262.40 EXEMPT
22.65 23.78 24.97 26.22 27.53
Facility Maintenance Worker II 1,996.80 2,096.80 2,201.60 2,312.00 2,428.00 NON -
51,916.80 54,516.80 57,241.60 60,112.00 63,128.00 EXEMPT
24.96 26.21 27.52 28.90 30.35
Facility Maintenance Worker III 2,244.00 2,356.00 2,473.60 2,597.60 2,727.20 NON -
58,344.00 61,256.00 64,313.60 67,537.60 70,907.20 EXEMPT
28.05 29.45 30.92 32.47 34.09
IT Administrator 3,001.60 3,152.00 3,309.60 3,475.20 3,648.80 EXEMPT
78,041.60 81,952.00 86,049.60 90,355.20 94,868.80
37.52 39.40 41.37 43.44 45.61
Office Specialist II 1,795.20 1,884.80 1,979.20 2,078.40 2,182.40 NON -
46,675.20 49,004.80 51,459.20 54,038.40 56,742.40 EXEMPT
22.44 23.56 24.74 25.98 27.28
Office Specialist III 2,108.80 2,214.40 2,324.80 2,440.80 2,563.20 NON -
54,828.80 57,574.40 60,444.80 63,460.80 66,643.20 EXEMPT
26.36 27.68 29.06 30.51 32.04
Plan Check Engineer 3,379.20 3,548.00 3,725.60 3,912.00 4,108.00 EXEMPT
87,859.20 92,248.00 96,865.60 101,712.00 106,808.00
42.24 44.35 46.57 48.90 51.35
102
SARATOGA EMPLOYEE ASSOCIATION (SEA)PAGE 3
FY 2011/12 Salary Range Table
POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Plan Check Examiner 2,941.60 3,088.80 3,243.20 3,405.60 3,576.00 EXEMPT
76,481.60 80,308.80 84,323.20 88,545.60 92,976.00
36.77 38.61 40.54 42.57 44.70
Planner - I 2,839.20 2,980.80 3,129.60 3,286.40 3,450.40 EXEMPT
73,819.20 77,500.80 81,369.60 85,446.40 89,710.40
35.49 37.26 39.12 41.08 43.13
Planner - II 3,208.00 3,368.80 3,537.60 3,714.40 3,900.00 EXEMPT
83,408.00 87,588.80 91,977.60 96,574.40 101,400.00
40.10 42.11 44.22 46.43 48.75
Recreation Supervisor 2,746.40 2,884.00 3,028.00 3,179.20 3,338.40 EXEMPT
71,406.40 74,984.00 78,728.00 82,659.20 86,798.40
34.33 36.05 37.85 39.74 41.73
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SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: D. Mouser and M. LaBossiere DIRECTOR: Catherine Engberg
Labor Negotiating Team Acting City Attorney
SUBJECT: Council Resolution to Adopt Memorandum of Understanding for the
Saratoga Management Organization (SMO)
RECOMMENDED ACTION:
Adopt the Memorandum of Understanding between the City of Saratoga and Saratoga
Management Organization (SMO) July 1, 2011 to June 30, 2015.
BACKGROUND:
SMO is the labor organization or exclusive representative of the directors employed by the City.
SMO and the City’s labor negotiations team 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 Memorandum of Understanding (MOU).
The previous Memorandum of Understanding (MOU) with SMO expired on September 30,
2011. Preceding the expiration of the MOU on September 30, 2011, the City and SMO agreed to
changes to the MOU on July 6, 2011 in Side Letters of Agreement to reduce personnel related
expenditures to address the budget shortfall resulting in Fiscal Year 2011-2012 savings of
approximately $51,000 in total compensation and benefits.
The following is a summary of short and long-term key issues that the City and SMO have
reached agreement on:
• Retirement: Effective July 1, 2011, each SMO 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 includes a 2-tier retirement
plan for employees hired after the City completes the PERS-required process. These
employees will be provided a 2%@60 defined benefit retirement formula with a three (3)
year average of salary as part of the retirement calculation.
• Car Allowance Reduction: Effective July 1, 2011, each SMO unit member receives an
allowance of $275 per month (a reduction of $125 per month).
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• Medical Insurance Premiums: Medical insurance premium costs for employees continue to
grow year after year at rates that exceed the city’s revenue growth. For employees hired after
July 1, 2011, the City’s contribution for medical insurance will be a specific amount set for
each tier of coverage, with the employee paying the amount above the City’s contribution
level. ($600 for employee only, $1200 for employee and one dependent, and $1500 for
employee and two or more dependents).
• Elimination of Longevity Pay: In support of utilizing market-oriented and performance
compensation practices only, the performance incentive compensation program rewarding
longevity will be eliminated.
• Paid Time Off (PTO) Cap: The City will enforce its PTO cap.
• Public Accountability: Administrative Leave and PTO will be taken by exempt (salaried)
employees and tracked in increments of one hour or more in a workday.
FISCAL IMPACTS:
In Fiscal Year 2011-2012, the savings is approximately $51,000 in total compensation and
benefits. Additional savings will be realized in future years.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
SMO unit members would continue to receive benefits as per SMO’s Memorandum of
Understanding which expired on September 30, 2011 and per the City and SMO agreement to
changes to the MOU on July 6, 2011 in Side Letters of Agreement.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Payroll schedule will be adjusted to deduct the employee portion of the CalPERS contribution
from the gross salary of each SMO unit member and will register a $125 per month reduction in
the amount of auto allowance granted. In addition, payroll and human resource divisions will
remove the SMO positions as eligible positions for Performance Incentive Compensation
(Longevity) effective July 1, 2011. The future scheduled longevity pay for SMO positions will
be cancelled.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Resolution
2. MOU TA dated 10-24-11
105
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ADOPTING MEMORANDUM OF UNDERSTANDING
FOR THE SARATOGA MANAGEMENT ORGANIZATION (SMO)
July 1, 2011 to June 30, 2015
WHEREAS, representatives of the City and SMO have reached agreement on
matters relating to the employment conditions of said employees, as reflected by the
written Memorandum of Understanding, which is attached hereto and made a part hereof;
and
WHEREAS, the Memorandum of Understanding was ratified by the SMO
membership; and
WHEREAS, this Council finds that the terms and conditions contained in said
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 Memorandum of Understanding for
the Saratoga Management Organization July 1, 2011 to June 30, 2015 attached as Exhibit
A to this resolution are hereby adopted.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 2nd day of November 2011, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan,
City Clerk
106
107
108
109
110
111
112
113
114
115
116
117
Attachment A
Saratoga Management Organization (SMO)
FY 2011/12 Salary Range Table
SMO Positions
Assistant City Manager
Community Development Director
Finance & Administrative Services Director
Public Works Director
Recreation & Facilities Director
Pay
Schedule Step 1 Step 2 Step 3 Step 4 Step 5
Bi-Weekly 5,437.60 5,709.60 5,995.20 6,295.20 6,609.60
Annual 141,377.60 148,449.60 155,875.20 163,675.20 171,849.60
Hourly 67.97 71.37 74.94 78.69 82.62
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SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: Deanna Mouser DIRECTOR: Catherine Engberg
Attorney, Chief Negotiator Acting City Attorney
SUBJECT: Council Resolution to Approve Employment Policy for Unrepresented
Human Resources Manager Monica LaBossiere (“LaBossiere”)
RECOMMENDED ACTION:
Approve the terms and conditions contained in said Resolution for Salary and Benefit Agreement
for Unrepresented Human Resources Manager effective July 1, 2011.
BACKGROUND:
The Human Resources Manager classification is unrepresented, which means the incumbent does
not engage in collective bargaining with the City on matters related to wages, benefits and other
terms and conditions of employment. The Human Resources Manager is a regular, benefited
full-time employee who was hired by the City on August 22, 2005.
In the last few years, the economy has seen unprecedented economic losses with substantially
declining property tax and sales tax revenues. As a result, the City has experienced substantial
revenue losses. LaBossiere has recognized that the City needed to rein in unsustainable
employee costs.
The following is a summary of short and long-term key issues that the Human Resources
Manager has voluntarily agreed to:
• Retirement: Effective July 1, 2011, LaBossiere began contributing 7% of her compensation
on a pre-tax basis for the employee seven (7) percent fixed share of the CalPERS defined
benefit retirement program. ANNUAL SAVINGS: $9,756.66
• Waived Five (5) percent salary increase effective July 1, 2012: LaBossiere waived her
scheduled five (5) percent salary increase effective July 1, 2012 and agreed to no longer
participate in the performance incentive compensation pay (longevity) program.
ANNUAL SAVINGS: $6,968.00
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• Pension Reform: LaBossiere agreed to pension reform to include a second tier 2%@60
CalPERS defined benefit retirement formula with the highest three (3) year average of salary
as part of the retirement calculation for future incumbent(s).
• Paid Time Off (PTO) Cap: LaBossiere agreed to the enforcement of the City’s accrual cap.
FISCAL IMPACTS:
In Fiscal Year 2011-12 and 2012-2013, LaBossiere voluntarily reduced her total compensation
by approximately $16,725.00 in total savings per year. These savings are cumulative and
additional savings will be realized in future years.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Current terms and conditions of employment would remain unchanged.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Resolution
120
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING EMPLOYMENT POLICY FOR UNREPRESENTED
HUMAN RESOURCES MANAGER
WHEREAS, the City's Human Resources Manager incumbent is a regular, benefited full-time employee;
and
WHEREAS, the City’s Human Resources Manager classification is unrepresented, which means the
incumbent does not engage in collective bargaining with the City on matters related to wages, benefits and other
terms and conditions of employment; and
WHEREAS, the City's Human Resources Manager incumbent is subject to the City’s Personnel Rules and
Policies adopted by the City Council; and
WHEREAS, the Human Resources Manager voluntarily provided concessions in total compensation effective
July 1, 2011, to assist the City with reining in unsustainable employee costs including agreeing to: (A) Contributing
seven (7) percent of her compensation on a pre-tax basis for the employee seven (7) percent fixed share of the
CalPERS defined benefit retirement program; and (B) Waiving her scheduled five (5) percent salary increase and
agreeing to no longer participate in the performance incentive compensation pay (longevity) program; and
(C)
Including a second tier 2%@60 defined benefit retirement formula with the highest three (3) year average of
salary as part of the retirement calculation for future incumbent(s), (D) The enforcement of the City Paid Time Off
(PTO) cap; and
WHEREAS, the Human Resources Manager incumbent will be afforded the same cost of living adjustment,
administrative leave hours, and PTO cash out option as SMO members; and
WHEREAS, this Council finds that the provisions and agreements contained in said
Resolution are fair and proper and in the best interest of the City; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga the terms and conditions
contained in said Resolution for Unrepresented Human Resources Manager effective July 1, 2011 is hereby adopted.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the
2nd day of November 2011, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan,
City Clerk
121
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: Monica LaBossiere DIRECTOR: Catherine Engberg
Human Resources Manager Acting City Attorney
SUBJECT: Council Resolution to Approve Agreement for Employment of
City Manager David Anderson (“Anderson”)
RECOMMENDED ACTION:
Approve the terms and conditions contained in said Agreement for Employment between
Anderson and the City effective November 2, 2011.
BACKGROUND:
Anderson was hired in the position of City Manager on August 21, 2000 and has served the City
now for over a decade.
In the last few years, the local, state, and national economy has seen unprecedented economic
losses, substantially declining property values, and declining sales tax revenues. As a result, the
City has experienced revenue losses. Anderson recognized that in addition to the City’s earlier
cuts through spending reductions, a hiring freeze and layoffs, the City needed to rein in
unsustainable employee costs. The City’s cost of employee total compensation has continued to
increase while revenues decrease. The current round of employee MOU’s on tonight’s agenda
address these issues.
The following is a summary of short and long-term key issues that the City Manager has
voluntarily agreed to:
• Waived Five (5) Percent Salary Increase for Two (2) Years: In 2010 and 2011, Anderson
voluntarily waived his right per his employment agreement adopted by the City Council to
receive a five (5) percent increase in salary.
• Retirement: Effective July 1, 2011, Anderson began contributing 7% of his compensation on
a pre-tax basis for the employee seven (7) percent fixed share of the CalPERS defined benefit
retirement program.
• Pension Reform: Anderson agreed to pension reform to include a second tier 2%@60 defined
benefit retirement formula with the highest three (3) year average of salary as part of the
retirement calculation for future incumbent(s).
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• Car Allowance Reduction: Effective July 1, 2011, the City Manager receives an allowance of
$375 per month (a reduction of $125 per month). In 2010, the City Manager voluntarily
waived $6,000.00 in car allowance.
• Paid Time Off (PTO) Cap: The City will enforce its PTO cap.
FISCAL IMPACTS:
In an effort to find solutions with the objective to lead by example, Anderson voluntarily agreed
to modify his employment agreement mid-term in both 2010 and 2011. In 2010, Anderson
voluntarily reduced his total compensation by approximately $17,800.00. In 2011, Anderson
voluntarily reduced his total compensation by approximately $25,427.00. These savings are
cumulative and will continue in Anderson’s proposed Agreement for Employment attached
hereto and made a part hereof effective November 2, 2011.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Anderson would continue to receive benefits as per his employment agreement which expired on
September 1, 2011 and per the City and Anderson’s agreement to changes to his employment
agreement via side letter agreement on July 6, 2011.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
1. Resolution
2. Agreement for Employment of City Manager (Effective Date of November 2, 2011)
123
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AGREEMENT FOR EMPLOYMENT OF CITY MANAGER
DAVID ANDERSON (“Anderson”)
WHEREAS, Anderson was hired in the position of City Manager on August 21,
2000; and
WHEREAS, the terms and conditions contained in said Agreement for
Employment which is attached hereto and made a part hereof supersedes all prior
agreements between Anderson and the City effective November 2, 2011; and
WHEREAS, this Council finds that the provisions and agreements contained in
said Agreement for Employment of Anderson 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 Agreement for Employment of City
Manager David Anderson effective November 2, 2011 attached as Exhibit A to this
resolution are hereby adopted.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 2nd day of November 2011, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan,
City Clerk
124
2011 Agreement for Employment of City Manager Page 1 of 10
006055.00001/10096086v4
AGREEMENT FOR EMPLOYMENT
OF
CITY MANAGER
(EFFECTIVE DATE OF NOVEMBER 2, 2011)
This agreement is made and entered on this 2nd
day of November, 2011, by and between the City of
Saratoga (the “City”), a general law city, and David Anderson (“Anderson”). This agreement for
employment of Anderson, hired in the position of City Manager on August 21, 2000, supersedes all
prior agreements between Anderson and the City effective November 2, 2011.
In consideration of the mutual covenants contained herein, the parties agree as follows:
I. EMPLOYMENT.
A. Appointment of City Manager
The City Council of the City hereby appoints Anderson to the position of City Manager to
perform the functions and duties specified under the laws of the State of California, the
Saratoga City Code, the Ordinances and Resolutions of the City, and this Agreement, and to
perform such other duties and functions as the City Council shall assign. Anderson shall
serve at the pleasure of the City Council.
.
II. POWERS, DUTIES AND RESPONSIBILITIES.
A. Employment Duties
Anderson shall function as the City Manager of the City and shall be vested with the
powers, duties and responsibilities set forth in Article 2-20 of the Municipal Code and
California law as they now exist and may be amended hereafter, the terms of which are
incorporated herein by reference. In addition, Anderson shall perform such other duties as
may be assigned by the City Council and which are consistent with the position of City
Manager, without additional compensation because the City Manager is an overtime-
exempt executive position. Such duties shall include, but not be limited to, the following:
.
1. Assemble and explain pertinent facts and prepare committee reports as required;
2. Prepare agendas for Council meetings and advise Council on appropriate priorities
and required actions;
3. Direct City Clerk in preparation for City Council meetings, maintenance of official
records, conduct of municipal elections and execution of related functions;
4. Represent the City Council in relationships with other governmental and private
agencies;
5. Confer with and direct all department heads in the formation and implementation of
administrative policies and practices;
6. Prepare and submit the annual budget;
7. Represent City to press and other information media as required;
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8. Meet with individual citizens groups to discuss complaints and explain City policy;
and
9. Administer any bonds approved by the voters of the City.
B. Hours of Work
Anderson is expected to devote necessary time outside normal office hours to business of
the City. To that end, Anderson shall be allowed flexibility in setting his own office hours,
provided that Anderson shall work as necessary during customary business hours to
satisfactorily perform his duties and responsibilities as City Manager. As of the effective
date of this Agreement the City’s customary business hours are based on a 9/80 work
schedule where a full-time work week constitutes 40 hours within seven consecutive
24 hour days.
.
Anderson shall schedule any appointments for medical treatment, industrial injury medical
treatment, or other personal appointments so as to minimize the inconvenience to fellow
employees and the impact on his ability to perform his job.
III. COMPENSATION AND BENEFITS OF ANDERSON.
A. Salary
1. Anderson’s salary as of August 31, 2011, is One Hundred Ninety-Nine
Thousand, Three Hundred Eighty-Nine Dollars ($199,389) per year. The salary
shall be paid in bi-weekly installments. (Future changes to compensation are
addressed in Section IV.)
.
2. In the event the City, at any time during the term of this Agreement, reduces the
salary specified in section III.A.1 of this Agreement or reduces the benefits specified
in section III.B of this Agreement to a level below that made available to members of
the Saratoga Management Organization, then Anderson may, at his option, be
deemed to be “terminated” by the City Council within the meaning of Section V.A.4
of this Agreement as of the date of such reduction.
B. Benefits
Anderson shall be entitled to the following benefits:
.
1. Health, Dental, Vision, and Employee Assistance Program (EAP): The City
provides Anderson with health benefits, dental benefits, voluntary vision benefits and
an employee assistance program (EAP). The premiums are fully paid, excluding the
voluntary vision benefits, by the City for Anderson and his spouse unless Anderson
enrolls in the PERS Care Plan, in which case the City will pay the premium for the
highest-cost HMO plan with Anderson paying the balance for the PERS Care Plan.
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2. Cash-in-Lieu
3.
: Effective January 1, 2012, if Anderson completes and submits
required documents (1) to prove that Anderson has other health insurance coverage
and (2) to waive City-provided health insurance coverage, Anderson will receive a
payment per month of $350.00 as additional taxable wages. Effective January 1,
2012, if Anderson completes and submits required documents (1) to prove that
Anderson has other dental insurance coverage and (2) to waive City-provided dental
insurance coverage, Anderson will receive a payment per month of $25.00 as
additional taxable wages. Anderson must complete and submit any required
documents and provide proof of other health or dental insurance coverage during
open enrollment (in or around October) to be eligible for the cash-in-lieu payment
beginning the following January.
457 Plan
4.
: The City provides Anderson the opportunity to contribute to an IRS
Section 457 deferred compensation plan. Anderson may contribute up to the
maximum allowed by law. Contributions may come from Anderson’s regular
earnings through payroll deductions, or from any unused portion of his Benefits
Allowance. The City will match Anderson’s contributions to a deferred
compensation account up to a maximum of $200 per month.
Car Allowance and Organization Dues
5.
: Anderson shall receive a $375 monthly
car allowance to be used to attend to local City business and shall be entitled to
reimbursement of $1,000 per year for dues and meal expenses incurred in the course
of participating in Saratoga based civic organizations which require membership as
an individual.
Life Insurance
6.
: The City shall pay 100% of the premium cost for life insurance
coverage for Anderson with a death benefit of $150,000.
Disability Coverage
a.
: The City shall provide disability coverage, consisting of
short term disability payments and long term disability insurance as described below,
to provide Anderson with income protection if he becomes unable to perform the
functions of his position due to a serious health condition or disability.
The City will pay 75% of Anderson’s monthly salary after Anderson has used
all accrued paid time off (PTO) and will maintain existing insurance benefits for
six months from the date of injury/illness. Short Term Disability payments will
commence only after 12 continuous working days during which Anderson is
totally disabled, or when all accrued PTO is exhausted, whichever is later.
Short-term
Short term disability payments are reported to PERS as salary earned.
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b.
The City shall provide Anderson long term disability insurance including a paid
coverage plan design of 66.66% of salary to a maximum of $2,000 per month
with a voluntary buy-up option paid by Anderson to a maximum of $8,200 per
month.
Long-term
Because these payments are made through a group policy they are not reported
to PERS as salary earned.
7. Section 125 Plan
The City will make available to Anderson the option of enrolling in a Section 125
flexible benefits plan. Under the plan, Anderson may deduct from his earnings up to
the maximum allowable amounts per calendar year for health care reimbursement
and/or dependent care reimbursement.
:
8. Long-term Care
9.
: Anderson may purchase long term care insurance through a
group benefits program administered by PERS.
PERS
10.
: City is a contracting agency of the California Public Employees
Retirement System (PERS). The PERS contract requires contributions by the
employer and each covered employee. Since the inception of Anderson’s service to
City until June 30, 2011, City has paid Anderson’s required contribution in addition
to the City’s contribution as a contracting employer. Effective July 1, 2011,
Anderson agreed to pay the 7% employee required contribution. The City through its
contract with PERS provides a retirement benefit plan for Anderson of 2% at 55.
Administrative Leave
11.
: City shall grant Anderson, on a fiscal year basis,
sixty-five (65) hours of administrative leave. Such leave shall be taken in a manner
consistent with the use of PTO.
Leave without Pay
12.
: The City does not grant leaves of absence under most
circumstances except as legally required. In cases of hardship or for other good and
sufficient reasons, the City Council may grant leaves of absence upon written request
by Anderson for a period up to 90 days. Anderson will not accrue any annual leave
while on leave without pay, and the leave period will be considered as discontinuous
service. During the time Anderson is on leave without pay, the City may discontinue
paying for insurance benefits on behalf of Anderson (including health, dental, life,
and long term disability), although he shall have the option to continue benefits at his
own cost.
Legally Required Benefits: Anderson will receive all benefits that are legally
required, including workers’ compensation coverage, unemployment insurance
contributions, the right to Family and Medical Care Leave, the right to industrial
injury leave (including full pay for the first three days of leave and health benefits for
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the first 12 months after date of injury/illness if Anderson submits the required claim
form), the right to COBRA benefits after a qualifying event has occurred, and the
right to other legally authorized leaves.
13. Holidays
Anderson shall receive 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
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 when the City offices are closed, the
preceding Thursday will be observed. If the preceding Thursday is already a holiday,
the off-Friday holiday will be observed on the first weekday after Christmas that is
not already an observed holiday.
If a holiday occurs when Anderson is using PTO, the holiday will not be charged
against Anderson’s PTO balance. In order to receive holiday pay, Anderson 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 if Anderson is on
Family and Medical Care Leave, he shall only be entitled to receive holiday pay
within the six month period after the date of injury/illness. If Anderson is using PTO
when the holiday occurs, payment for the holiday shall be prorated to the amount of
PTO being used in the pay period in which the holiday occurs. If Anderson is
receiving Short Term Disability payments in the pay period when the holiday occurs,
payment for the holiday shall be at 75% of Anderson’s regular rate of pay.
If the City adopts a holiday furlough whereby the City operations are closed from
December 24 through January 1 Anderson shall utilize his available PTO balances.
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14. Jury Duty
: If Anderson is called for jury duty he will continue to receive full
pay and benefits for that period of absence. Fees received for jury duty will be
deducted from Anderson’s gross wages.
15. PTO
a.
: Anderson accrues annual leave (paid time off or PTO) at the rate of
32 days (256 hours) per year.
PTO Cash-Out
b.
: Anderson will reduce his accrued PTO in FY2011-12 down to
400 hours through a cash-out of accrued PTO as a cash payment or tax-deferred
contribution to his deferred compensation account, with half of the amount
above 400 hours being cashed out on or after November 3, 2011, and with the
remaining amount above 400 hours being cashed out after January 1, 2012 and
before January 31, 2012. Anderson will receive the cash value payment or
tax-deferred contribution to his deferred compensation account 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 Anderson has used the required minimum of 80 accrued hours of PTO in the
prior fiscal year
, Anderson 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. Anderson must maintain a minimum balance of 200 hours of accrued
PTO after the cash out.
c. PTO Accruals
Effective July 1, 2012, the PTO accrual cap in the Personnel Rules will be
enforced. Under no circumstances can Anderson accrue more than the accrual
PTO cap at any point in time. Once Anderson reaches the accrual cap, no
additional PTO will accrue until Anderson 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 Anderson reaches the cap.
No retroactive credit will be given for the time when accrued PTO was at the
cap.
:
d. PTO Increments
e.
: PTO must be taken by Anderson only in increments of
four (4) hours or more in a workday.
PTO Upon Separation
1) Upon retirement from City service, Anderson may choose to use all of
his accrued paid time off as sick leave for the purpose of service credit if
:
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allowed to do so by PERS. If Anderson uses less than 100% of his paid
time off toward PERS service credit, the City will pay the balance of
Anderson’s accrued paid time off at Anderson’s regular rate of pay.
2) Upon separation from City service other than retirement, the City will
pay 100% of Anderson’s accrued paid time off at Anderson’s regular
rate of pay.
IV. COMPENSATION CHANGES AND PERFORMANCE EVALUATION.
A. CPI Increase: Cost of Living Adjustment
B.
– For fiscal year 2012-13, and for each subsequent
year of this agreement, Anderson shall receive an annual cost-of-living adjustment to his
salary of no less than one percent (1.0%) and no greater than two and one-half percent
(2.5%). If the U.S. Department of Labor, Bureau of Labor Statistics, “All Urban
Consumers (CPI-U)” for the 12 months of January 1 to December 31 annual average for the
“San Francisco-Oakland-San Jose” region falls below one percent (1.0%), Anderson shall
nevertheless receive a minimum one percent (1.0%) cost-of-living adjustment; if the Index
increases above two and one-half percent (2.5%), Anderson shall nevertheless receive a
maximum two and one-half percent (2.5%) cost-of-living adjustment.
Evaluation
C.
: The City Council shall review and evaluate the performance of Anderson
annually in September. Anderson will timely cause to be placed on the City Council
agenda each year a “closed session” for the purpose of the performance evaluation. Said
review and evaluation shall be in accordance with specific criteria developed jointly by
Anderson and the City Council. Those criteria may be added to or deleted from as the City
Council may from time to time determine in consultation with Anderson.
Satisfactory Evaluation
V. TERM OF AGREEMENT.
: On September 1, 2012, and each year thereafter, contingent upon a
satisfactory performance evaluation, the Mayor will document the satisfactory performance
evaluation by a memo to the Finance and Administrative Services Director, with a copy to
Human Resources for the administrative processing of any applicable salary increase in
addition to that referenced in section IV.A. above. Anderson shall receive a salary increase
to raise Anderson to the average salary rate for the city managers in the comparison cities of
Los Altos, Menlo Park, San Carlos, Cupertino, Los Gatos, Morgan Hill, and Campbell as
determined by a salary survey conducted within the preceding six months, provided that the
total salary increase in any year shall not exceed five percent (5.0%). If Anderson’s salary
(as adjusted by the increase pursuant to section IV.A. above) is at or above average
determined by of the salary survey, Anderson’s salary will not be adjusted.
A. Term of Agreement
1. The Agreement shall continue until terminated by City or Anderson as discussed
below.
.
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2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the
rights of the City under Section 2-20.080 of the Municipal Code to terminate this
Agreement without cause at any time (except for 90 days after a council member is
elected as provided in 2-20.080), or the right of Anderson to resign at any time from
his position.
3. Anderson may terminate this Agreement by giving the City thirty (30) days
written notice in advance of resignation, at the end of which period this Agreement
will terminate, unless the City and Anderson otherwise agree.
4. In the event of termination pursuant to section V.A.2, Anderson shall be entitled
to a severance payment equal to six (6) month’s salary and shall be entitled to the
continuation of the City paid health and dental benefits that Anderson is receiving at
the time of separation for a six (6) month period after termination. At Anderson’s
discretion, the severance payment shall be paid either in a lump sum, or in bi-weekly
payments, beginning within ten (10) days of the effective date of termination. If
Anderson selects bi-weekly payments, Anderson may later choose to receive a lump
sum payment for the balance of the monthly severance payments. The change from
bi-weekly payments to a lump sum payment for the balance will be processed as soon
as reasonably feasible and by no later than two weeks after Anderson chooses to
change to a lump sum payment for the balance. The severance payment shall be
based on Anderson’s then monthly salary. Severance benefits shall begin the first of
the month succeeding the effective date of termination. Such severance pay and
health and dental benefits shall not be due or payable if Anderson is terminated after
being convicted of a felony or of a misdemeanor involving moral turpitude.
VI. MISCELLANEOUS PROVISIONS.
A. Administration
B.
. This Agreement shall be administered by the City Attorney of the City of
Saratoga (“Administrator”). All correspondence from Anderson to the City shall be
directed to or through the Administrator or his or her designee.
Notices
David Anderson
. Any written notice to Anderson shall be sent to:
c/o City Hall
13777 Fruitvale Avenue
Saratoga, CA 95070
Any written notice to City shall be sent to:
Richard S. Taylor
City Attorney of City of Saratoga
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
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(Or such other address as the City Attorney may have at the time of the notice.)
C. Conflict of Interest
D.
. Anderson warrants that he presently does not have and will not acquire
any direct or indirect financial interest which would conflict with his performance of this
Agreement.
Assignment Prohibited
E.
. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or
obligation pursuant to this Agreement shall be void and of no effect.
Documents
F.
. All documents provided to Anderson by the City and all reports and supporting
data prepared by Anderson for the City are the sole property of the City and shall be
delivered to the City upon termination of this Agreement or at the City’s written request.
All confidential reports, information, exhibits and data, including but not limited to
electronic data, prepared or assembled by Anderson while he serves as City Manager are
confidential until released by the City to the public, and Anderson shall not make any of
these unreleased documents or information available to any individual or organization,
other than the City Attorney without prior written consent of the City Council.
Effect of Waiver
G.
. The failure of either party to insist on strict compliance with any of the
terms, covenants or conditions of this Agreement by the other party shall not be deemed a
waiver of that term, covenant or condition, and no waiver or relinquishment of any right or
power on any given occasion shall be deemed a waiver of relinquishment of that right or
power on any subsequent occasions.
Entire Agreement
H.
. The text herein shall constitute the entire Agreement between the parties.
This Agreement incorporates the entire understanding between Anderson and the City,
recites the sole considerations for the promises exchanged herein, and fully supersedes any
and all prior agreements or understandings, written or oral or implied, between the parties
pertaining to the subject matter hereof. In reaching this agreement, no party has relied upon
any representation or promise except those expressly set forth herein. This Agreement
cannot be modified by the parties except in a writing that is signed by both parties, ratified
by City Council, and that expressly states that it intends to modify this Agreement.
Successors and Assigns
I.
. This Agreement shall be binding upon and inure to the benefit of the
heirs at law and executors of the parties.
Severability
J.
. If any provision, or any portion thereof, contained in this Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force and
effect.
Attorneys Fees. In the event that either party to this Agreement brings a lawsuit to enforce or
interpret any provisions of this Agreement, each party shall bear its own attorneys’ fees,
expenses and costs.
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K. Governing Law
L.
. This Agreement shall be governed by the laws of the State of California.
Interpretation
In witness whereof, the City has caused this Agreement to be signed and executed on its behalf by its
Mayor and duly attested by its City Clerk, and Anderson has signed and executed this amendment
agreement effective November 2, 2011.
. The parties agree that any ambiguity in this Agreement shall not be construed or
interpreted against, or in favor of, either party. The parties agree that ambiguities
concerning matters addressed in this Agreement should be resolved in a manner consistent
with the City’s personnel rules and procedures to the extent those rules and procedures are
not inconsistent with this Agreement.
DAVID ANDERSON CITY OF SARATOGA
_________________ __________ ___________________ _________
David Anderson Date Howard A. Miller Date
Mayor
ATTEST:
___________________ __________
Ann Sullivan Date
City Clerk
APPROVED AS TO FORM:
___________________ ___________
Richard S. Taylor Date
City Attorney
D:\NrPortbl\Cerritos\DXM\10096086_4.DOCX
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SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Catherine Engberg DIRECTOR: James Lindsay
Acting City Attorney
SUBJECT: Extension of Preannexation Agreement for 19351 Redberry Drive (APN 510-
25-062)
RECOMMENDED ACTION: Authorize City Attorney to extend the term of the
Preannexation Agreement for the property located at 19351 Redberry Drive (APN 510-25-062),
an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and
within the City’s Sphere of Influence and Urban Service Boundaries, from November 4, 2011 to
February 2, 2012.
REPORT SUMMARY: At its meeting of July 6, 2011 the City approved initiation of
annexation proceedings for 19351 Redberry Drive together with a preannexation agreement with
the owners of that parcel and two neighboring landowners. The July 6, 2011 Preannexation
Agreement contemplated completion of the annexation proceedings within four months, which
will expire on November 4, 2011. The applicant has requested a three- month extension to
complete negotiations with the County and LAFCO regarding the scope of the annexation.
BACKGROUND: The July 6, 2011 staff report for the initiation of annexation proceedings
describes the history and context of the annexation (see attachment 1). The annexation would
occur subject to existing County approvals of a major remodel of the main house on the parcel
and a new second unit that comply with the County Code but not certain portions of the Saratoga
Code. The City would accept the County approvals as legal non-conforming structures and be
responsible for issuing and administering grading, building, and other permits consistent with the
County approvals and subject to certain modifications described in the Preannexation
Agreement.
REASON FOR APPLICANT’S EXTENSION REQUEST: The Cortese-Knox-Hertzberg
Local Government Reorganization Act of 2000 provides that cities in Santa Clara County may
proceed independently of LAFCO in processing annexation applications within the City’s Urban
Service Area (Government Code Section 56757). As discussed in the July 6, 2011 staff report,
cities in Santa Clara County proceeding independently of LAFCO are required to make certain
findings before approving an annexation.
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The following necessary finding has taken more time to resolve than the parties to the
Preannexation Agreement anticipated:
• That the County Surveyor has determined the boundaries of the proposal to be
definite and certain, and in compliance with LAFCO’s road annexation policies.
The City is proposing to only annex the parcel. The County Surveyor has responded with a
requirement that the City additionally annex a portion of Redberry Drive, which would create
undesirable alternating segments of City and County maintenance responsibility. The applicant
is working with County officials and LAFCO in an attempt to limit the scope of the annexation
to the parcel itself.
The applicant requests an additional three months to resolve the annexation issues with LAFCO
and the County. The parties to the Preannexation Agreement have negotiated the attached First
Amendment to the Preannexation Agreement (see attachment 2).
FISCAL IMPACTS: No impact. The applicant is responsible for all City review fees and
County of Santa Clara processing fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Preannexation Agreement would terminate. The Preannexation Agreement was entered into
to resolve a lawsuit between the applicant and adjacent neighbors. It is uncertain what would
happen to the underlying lawsuit.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was 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
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing
is not required.
ATTACHMENTS:
1. Staff Report for Initiation of Annexation (July 6, 2011)
2. Proposed First Amendment to Preannexation Agreement
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SARATOGA CITY COUNCIL
MEETING DATE: July 6, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Chris Riordan
SUBJECT: Preannexation Agreement and Initiation of Annexation for 19351 Redberry
Drive (APN 510-25-062)
RECOMMENDED ACTION: Approve attached Preannexation Agreement and resolution
initiating annexation of 19351 Redberry Drive (APN 510-25-062), an approximately 1.39 (gross)
acre parcel contiguous with the limits of the City of Saratoga and within the City’s Sphere of
Influence and Urban Service Boundaries.
REPORT SUMMARY: The City has received a request from the owners of 19351 Redberry
Drive (“Applicants”) that their property be annexed into the City of Saratoga. The request is
supported by nearby landowners at 19403 and 19370 Redberry Drive and 19280 Bainter Avenue
(“Neighbors”). The annexation would occur subject to existing County approvals of a major
remodel of the main house and a new second unit that comply with the County Code but not
certain portions of the Saratoga Code; the City would accept the County approvals as legal non-
conforming structures and be responsible for issuing and administering grading, building, and
other permits consistent with the County approvals and subject to certain modifications described
in the Preannexation Agreement. The parcel conforms to the applicable land use and density
criteria contained in the City Code and the General Plan. The parcel has a General Plan
designation of Hillside Open Space (OS-H) and is located in the Hillside Residential (HR)
Prezone area.
PROPOSED PREANNEXATION AGREEMENT: In 2010 the Applicants applied for and
received County approvals for a major remodel of the existing main house and for construction
of a second unit. The Neighbors challenged those approvals and the parties explored
opportunities for resolving their differences outside of court and the County appeals process.
The parties have reached a settlement calling for certain modifications to the project as approved
by the County, annexation to the City, and City administration and oversight of the building
process. (Details on the history of the process are included in the recitals to the Preannexation
Agreement included as Attachment 1.)
The attached Preannexation Agreement sets forth the terms under which the City would annex
the property and process permits for the remodel and second unit to be located as described in
Exhibit B to the agreement. The agreement was prepared by the Owner and the Neighbors and
modified somewhat by staff. The Owner and the Neighbors have agreed to all staff’s changes.
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The Preannexation Agreement provides that the City would annex the property subject to the
existing County approvals (and modifications agreed to by the Owners and Neighbors described
in Exhibit B) such that the building plans and a future swimming pool/deck application would
not be subject to compliance with the City’s zoning regulations. The project was designed to
comply with County development standards and does not comply with several City standards
(e.g., height, floor area (due to basement floor area), graded material volume, impervious surface,
and possibly setbacks). As with annexations of existing structures built to conform to County but
not City standards, the proposed structures on the annexed property would be considered as legal
non-conforming structures in accordance with section 15-65.035(a) of the City Code. A copy of
the County approvals will be available for review in the Community Development Department
beginning Tuesday, July 5.
The Preannexation Agreement provides that the City would be responsible for issuing,
administering, monitoring and enforcing all permits required to move forward with the County
approvals as modified by the Preannexation Agreement. Because the County approvals were
issued in 2010 the City would apply the Building Regulations from Chapter 16 of the City Code
that were in effect in 2010. The applicants would pay all applicable City fees for the requested
permits. The applicants could apply for necessary permits any time after approval of the
Preannexation Agreement but the City may not issue any permits until the annexation has been
completed.
ANNEXATION PROCEDURES: The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County may proceed
independently of LAFCO in processing annexation applications within the City’s Urban Service
Area (Government Code Section 56757). A public meeting and noticing is not necessary and the
City Council may consider the Initiation of Annexation as a routine agenda item at a regular
meeting and may waive protest proceedings because the annexation is being made by a petition
with 100 percent consent of the property owner.
The Act requires that cities follow the procedures used by LAFCO to the extent practicable. The
Act establishes a three-part process for annexations: (1) Initiation of Annexation; (2) Protest
Proceedings which may be waived by the City Council; and (3) Approval of Annexation.
Furthermore, the City Council is required to make findings pursuant to Government Code
Section 56757 prior to adopting the resolution approving the annexation. After the resolution is
adopted, a certified copy of the resolution and paperwork is submitted to LAFCO.
The Act and other state laws require the preparation of a number of documents as part of the
annexation process. These documents fall into three categories: a service plan, LAFCO
materials, and the California Environmental Quality Act (CEQA) materials. These are described
below:
Service Plan All annexations are to begin with a proposed service plan for the area to be
annexed. This plan includes a description of the parcel to be annexed; the reasons for the
proposal; and a listing and description including the level, range, any change to, and
financing of services to be provided to the annexed parcel (see attachment 2). The service
plan should also include an indication of any improvement or upgrading of structures,
roads, sewer or water facilities, or other conditions that the City would impose or require
on the annexed lands. No improvements or upgrades are recommended as part of this
proposal and all services will be consistent with the current conditions.
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LAFCO Materials – Cities in Santa Clara County proceeding independently of LAFCO
are required to make the findings listed below before approving an annexation. The
formal findings need not be made until the adoption of the final annexation resolution.
Each finding is followed by a brief description of Staff’s review.
• That the unincorporated territory is within the urban service area of the city as
adopted by Commission. Staff had confirmed that the property to be annexed is
within the City’s Urban Service Area.
• That the County Surveyor has determined the boundaries of the proposal to be
definite and certain, and in compliance with LAFCO’s road annexation policies.
A map will be prepared and provided to the County Surveyor once initiation of
annexation has been approved by the City Council.
• That the proposal does not split lines of assessment or ownership. Staff has
determined that the property to be annexed does not split lines of assessment or
ownership.
• That the proposal does not create islands or areas in which it would be difficult to
provide municipal services. Staff has reviewed the geography of the proposed
annexation and concluded that it would not create an island or present difficulties
in providing municipal services since the majority of the services will remain
unchanged.
• That the proposal is consistent with the adopted General Plan of the City. The
land use designation for the annexation parcel is OS-H (Hillside Open Space).
The land has been pre-zoned HR (Hillside Residential) which is consistent with
the General Plan Designation and the nearby zoning. The General Plan provides
that lands in the hillsides should be considered for annexation if they meet the
following Policy:
Policy LU 14 – Land shall not be annexed to Saratoga unless it is
contiguous to the existing city limits, within the Sphere of Influence, and it
is determined by the city that public services can be provided without
unreasonable cost to the City and dilution of services to existing residents.
As discussed throughout this document, the annexation parcel is contiguous to the
existing city limits, is within the Sphere of Influence, and has existing public
services that would not unreasonably change the cost to the City or dilute services
to existing residents.
California Environmental Quality Act -- Annexations are categorically exempt from the
California Environmental Quality Act (CEQA) pursuant to the Guidelines for
Implementation of CEQA (14 Cal Code §15319). The Category 19 Exemption includes
annexations of individual small parcels of the minimum size for facilities exempted by
Section 15303 which exempts up to three single-family residences. CEQA applies only
to projects which have the potential of causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
139
may have a significant effect on the environment, the activity is not subject to
CEQA. This annexation would not have the potential to cause a significant effect on the
environment because the area contains existing public utilities.
FISCAL IMPACTS:
No impact. The applicant is responsible for all City review fees and County of Santa Clara
processing fees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Future development of the parcel would be subject to requirements of Santa Clara County in lieu
of City of Saratoga development standards.
ALTERNATIVE ACTION:
Deny the proposed resolution initiating annexation and provide Staff with direction.
FOLLOW UP ACTION:
Work with the applicant to have the annexation map prepared for review by the County Surveyor
and return to the City Council for final annexation approval upon completion of that review.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was 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
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. Noticing
is not required.
ATTACHMENTS:
1. Proposed Pre-annexation Agreement showing staff recommended revisions
2. Resolution approving Initiation of the Annexation
3. List of Services Report
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FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER
PREANNEXATION AGREEMENT
THIS PREANNEXATION AGREEMENT (“Agreement”) is made and entered into this __ day
of ________ , 2011 by and between the CITY OF SARATOGA (“City”), a municipal
corporation of the State of California, Fariba Farahanchi and Nima Mokhlesi (collectively “the
Farahanchi/Mokhlesis”), John Holton and Wanda Kownacki (“the Holton/Kownackis”), and
Jim Pfeiffer (“Pfeiffer”, and collectively with the Holton/Kownackis, “the Neighbors”). The
Farahanchi/Mokhlesis are sometimes referred to herein as “the Owners” and the Owners, City
and Neighbors are collectively referred to herein as “the Parties.”
RECITALS
A. WHEREAS, the Farahanchi/Mokhlesis are the owners of a certain parcel of real property
located at 19351 Redberry Drive in the County of Santa Clara and more particularly described in
Exhibit A, attached hereto and incorporated herein (“Property”);
B. WHEREAS, Pfeiffer is the owner of a certain parcel of real property located in the
unincorporated County of Santa Clara at 19403 Redberry Drive, Los Gatos, California;
C. WHEREAS, the Holton/Kownackis are the owners of certain parcels of real property
located in the County of Santa Clara at 19280 Bainter Ave, Los Gatos (though within the city
limits of Saratoga), California and 19370 Redberry Drive, Los Gatos (though within the city
limits of Saratoga), California;
D. WHEREAS, the Farahanchi/Mokhlesis Property is located in unincorporated Santa Clara
County adjacent to the city limits of Saratoga, is within the Saratoga Sphere of Influence and
Urban Service Area and is developed with a single family dwelling;
E. WHEREAS, in 2010, the Farahanchi/Mokhlesis applied to the County of Santa Clara for
approvals necessary to remodel/add to the existing main house and to construct a secondary
house more than 50 feet from the main house on the Property (collectively, the
“Farahanchi/Mokhlesi Applications”);
F. WHEREAS, in 2010, the County approved the Farahanchi/Mokhlesi’s Applications
relating to the main house and driveway, consisting of: 1) a grading permit; 2) design review
exemption; 3) exemption from environmental review; 4) issuance of a tree removal permit for
two oak trees; and 5) issuance of a building permit (collectively the “County Main House
Approvals”);
G. WHEREAS, in 2010, the County Zoning Administrator approved the
Farahanchi/Mokhlesi’s Application related to the location of the secondary unit (“County
Secondary House Approval”; the County Main House Approvals and County Secondary House
Approval are sometimes collectively referred to as the “County Approvals”);
H. WHEREAS, on December 15, 2010, the Neighbors appealed the County Secondary House
Approval to the County Planning Commission;
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I. WHEREAS, on January 18, 2011, the Neighbors initiated a lawsuit against the County and
the Owners regarding the County Approvals, as Action No. 111-CV-192055, Santa Clara County
Superior Court;
J. WHEREAS, on April 7, 2011, the County Planning Commission denied the Neighbors’
appeal of the County Secondary House Approval;
K. WHEREAS, on or about April 25, 2011, the Neighbors appealed the County Secondary
House Approval to the County Board of Supervisors;
L. WHEREAS, the Owners and Neighbors are willing to agree to modification of the County
Approvals to include a number of modified and additional conditions, attached hereto as Exhibit
B (the “Modifying/Additional Conditions”);
M. WHEREAS, as provided herein, the Parties intend and agree that the Property be annexed
to the City;
N. WHEREAS, annexation of the Property to the City in accordance with the terms of this
Agreement will result in rational comprehensive planning and foster predictability, certainty,
economy and efficiency in future land use planning and will establish a permanent and definable
border between the City and the County of Santa Clara in furtherance of State, County and City
policies and consistent with West Valley Hillsides Preservation Strategies, Strategy #2, Action 1
and Action 2;
O. WHEREAS, as provided herein, the Parties intend and agree that the City shall be the
entity responsible for issuing, administering, monitoring and enforcing all permits approved as
part of the County Approvals and issuing, administering, monitoring and enforcing all building
permit and all other necessary permits and approvals pursuant to the terms of the County
Approvals, as modified and amended by the Modifying/Additional Conditions (collectively the
"Modified Approvals"), to allow for the remodel/addition to the primary dwelling and
construction of the secondary dwelling unit on the Property;
P. WHEREAS. Owners and Neighbors have jointly submitted to City the documents
comprising the County Approvals by letter dated July __, 2011 with the understanding that the
Secondary House Approval is the subject of a pending appeal to the County which will be moot
if the Property is annexed to the City.
Q. WHEREAS, the purpose of this Agreement is to set forth the City’s and
Farahanchi/Mokhlesi’s respective responsibilities in pursuing annexation of the Property;
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
1. Annexation. The Parties agree that in order to provide for rational long-term land use
planning and to establish a permanent and definable border between the City and County of
Santa Clara, the Property should be annexed to the City. City agrees to take the steps necessary to
achieve annexation of the Property at the soonest possible opportunity. Owners hereby consent to
annexation of the Property and agree to support said annexation.
2. City Processing of Modified Approvals.
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a. The City agrees to accept the Modified Approvals and to be the entity responsible
for issuing, administering, monitoring and enforcing all permits necessary for
development of the improvements contemplated by the Modified Approvals, including the
grading permit and building permits, and the Farahanchi/Mokhlesis agree to accept the
Modified Approvals and to construct their main house remodel/addition and secondary
unit in accordance with the Modified Approvals and to pay all fees and submit all
materials required for the City to process the annexation, issue, administer, monitor and
enforce the Modified Approvals and all necessary permits and approvals. To the extent
practicable without prejudicing previously submitted requests for City approvals, the City
further agrees to expedite processing of all applications submitted by the
Farahanchi/Mokhlesis for the Modified Approvals and to expedite issuance of all
necessary permits and approvals.
b. All Parties recognize that the development described by the Modified Approvals
may be inconsistent in certain respects with otherwise applicable City standards set forth
in certain regulations contained in the City Code that regulate the topics identified in
Exhibit C attached hereto. Nevertheless, the Parties agree that in processing and
approving the permits for the project the City will not require compliance with the City
Code provisions that would be inconsistent with the development of the Modified
Approvals, including but not limited to those regulations that regulate the topics identified
in Exhibit C, but only to the extent necessary to allow Owners to build the development
described by the Modified Approvals. The main house, secondary house, pool and related
hardscape built as contemplated in Exhibit B to this Agreement shall be treated as though
constructed prior to annexation, and therefore as legal nonconforming structures pursuant
to Section 15-65.035(a) of the City Code.
c. The Parties agree that the City will require compliance with the City building
standards set forth in Chapter 16 of the Saratoga City Code that may not apply to
development within the County; for example inclusion of an Early Warning Alarm
System. Because the City grading, building, and other permits will be replacing building,
grading, and other permits issued by the County in 2010, the standards set forth in Chapter
16 of the Saratoga City Code as of December 31, 2010 shall be the standards applied in
connection with the Modified Approvals.
d. With respect to Exhibit B hereto, the Parties agree that notwithstanding anything
to the contrary in that exhibit: (i) all references to “Plans” refer to the development plans
approved by the County Building Department as part of building permit No. 46049 issued
on 12/15/10; (ii) all references to “the City’s consulting arborist” refer to the arborist on
staff in the Community Development Department or, at City’s sole discretion, a consulting
arborist to be selected by the City; (iii) if called upon to make determinations pursuant to
sections 2.d or 4b the arborist shall apply only the standards set forth in Exhibit B in those
paragraphs and those decisions shall not be construed as decisions pursuant to the
Saratoga City Code.
3. Timing of Annexation. The City shall consider initiating annexation of the Property at its
July 6, 2011 City Council Meeting. Should the City approve the initiation of annexation of the
Property at that meeting, then City shall expeditiously process the annexation through the
143
necessary activities of the County surveyor and LAFCO, and upon completion of all necessary
processes, the annexation shall be brought to the Saratoga City Council for its final decision.
4. Construction Limitations. Prior to annexation of the Property, no construction of
improvements on the Property shall occur; however, should the City approve initiation of
annexation of the Property, City staff shall thereafter accept and process grading and building
permit applications for the Property, but shall not issue permits until annexation of the Property
is completed. In any event, all construction of the improvements on the Property shall be subject
to the City’s tree protection requirements under City Code Article 15-50, and to City’s
construction rules under Chapter 16 of the Saratoga City Code as that Chapter existed on
December 31, 2010.
5. Swimming Pool/Deck. In the City’s processing of an application by Owners for a
swimming pool and associated patio/deck on the Property, the site coverage limitations of City
Code Section 15-13.080, shall not apply. Owners shall submit their application for the swimming
pool and associated patio/deck no later than August 31, 2013.
6. Survival of Rights and Obligations. The rights and obligations of the Parties as set forth in
this Agreement shall survive annexation of the Property to the City.
7. Termination of Agreement. This Agreement shall have no further force and effect and
each Party shall be released from the obligations set forth herein in the event that annexation of
the Property to the City has not occurred within four (4) months after the date of City’s approval
of this Agreement.
8. Legal Action. Any party may, in addition to any other rights or remedies herein provided,
institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement
herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the
obligations and rights of the Parties hereto or obtain any other remedy consistent with this
Agreement. In no event shall any Party be entitled hereunder to monetary damages for any action
or inaction of another Party hereunder, including breach of contract. Nothing in this Section shall
be deemed to limit any Party's rights under the Tort Claims Act or the City's right to collect fees
allowable and otherwise due and payable or to impose penalties for violations of City ordinances.
9. Attorneys Fees and Costs. If legal action by any party is brought because of a breach of
this Agreement, or to enforce a provision of this Agreement, each party shall bear their own
attorneys fees and costs.
10. Controlling Law. This Agreement shall be construed and enforced in accord with the laws
of the State of California.
11. No Joint Venture or Partnership. The Parties to this Agreement hereby renounce the
existence of any form of joint venture or partnership between any or all of the Parties and agree
that nothing contained herein or in any document Executed in connection herewith shall be
construed as making any or all of the Parties joint venturers or partners. Further, neither the
Neighbors nor the Owners are agents of the City.
144
12. Indemnification. Owners hereby agree to defend, indemnify and hold the City and its
officers, officials, boards, commissions, employees, agents and volunteers (collectively “City”)
harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action by City on the subject Annexation, or any of the proceedings, acts or
determinations taken, done or made prior to or concurrently with said Annexation; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of the construction, installation, alteration or grading
work by the Owners, or by Owners’ successor(s), or by any person acting on their behalf,
authorized by any City action described in subsection 12.a. above.
Owner’s obligations under this section shall prevail over any other provision in this
Preannexation Agreement.
13. Cooperation in the Event of Legal Challenge. In the event of any legal or equitable action
or other proceeding instituted by a third party, governmental agency or official challenging the
validity of any provision of this Agreement of the annexation proceedings described herein, the
Parties shall cooperate in defending the action or proceeding.
14. Notices. All notices or communications required hereunder between the Parties shall be in
writing and may be given either personally or by certified mail, return receipt requested. The
notice shall be deemed to have been given and received on the date delivered in person or the
date upon which the postal authority indicates that the mailing was delivered to the address of the
receiving party. Any Party hereto, by given ten (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication
shall be given. Notices or communications shall be given to the Parties at the addresses set forth
below until specified otherwise in writing.
City of Saratoga:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Copy to:
Richard S. Taylor
City Attorney
City of Saratoga
The Farahanchi/Mokhlesis:
Barton Hechtman
Matteoni 0’Laughlin & Hechtman
848 The Alameda
San Jose, CA 95126
bgh@matteoni.com
145
The Neighbors
Thomas Lippe
Lippe Gaffney Wagner LLP
329 Bryant Street, Suite 3D
San Francisco, CA 94107
tlippe@lgwlawyers.com
15. Successor and Assigns. The covenants, terms, conditions and restrictions of this
Agreement shall apply to, bind and inure to the benefit of successors in interest of the Parties
hereto, including heirs, assigns, representatives, executors, administrators and all other parties,
whether they succeed by operation of law or voluntary acts of the City or Owners. All such heirs,
representatives, successors, executors, or assigns shall be bound to every provision in this
Agreement, whether or not this Agreement is referred to in the instrument by which such heirs,
representatives, successors, executors, or assigns acquire an interest in the Property.
16. Parties in Interest. This Agreement is entered only for the benefit of the Parties executing
this Agreement and not for the benefit of any other individual, entity or person.
17. Amendment of Agreement. This Agreement may be amended in writing by the original
Parties or their successors in interest.
18. Severability. If any term, provision, covenant or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of
this Agreement shall continue in full force and effect.
19. Change in Law. If a subsequent change occurs in federal or state laws or the regulations of
a federal or state agency which prevents or precludes compliance with a provision of this
Agreement, that provision shall be modified or suspended only to the extent necessary to comply
with the federal or state law or regulation.
20. Enforceability. Unless this Agreement is amended or terminated pursuant to the provisions
of this Agreement, this Agreement shall be enforceable by any Party hereto notwithstanding any
change hereinafter enacted or adopted in any applicable General Plan or Specific Plan, zoning
ordinance, subdivision ordinance or any other land use or building ordinance.
21. Entire Agreement. This Agreement, and the conditions referred to herein, and the exhibits
attached hereto, constitute the entire understanding and agreement of the Parties and supersede
all negotiations or previous agreement of the Parties with respect to all or party of the subject
matter hereof. No alteration or variation of this instrument shall be valid or binding unless
contained in an amendment to this Agreement.
22. Captions. The captions in this instrument have been inserted solely for convenience or
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
23. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, all of which together shall constitute one and the same instrument and shall
be effective as of the date hereof.
146
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective representatives as follows:
CITY OF SARATOGA
City of Saratoga, A Municipal Corporation
By: ____________________________________
Howard A. Miller, Mayor Date
ATTEST:
By: Ann Sullivan, City Clerk Date
Approved as to Form:
___________________________________
City Attorney, Richard Taylor Date
OWNERS
By: Nima Mokhlesi Date
By: Fariba Farahanchi Date
NEIGHBORS
By: Wanda Kownacki Date
By: James W. Pfeiffer Date
By: John Holton Date
147
Exhibit A
LEGAL DESCRIPTION OF THE PROPERTY
148
Exhibit B
MODIFYING/ADDITIONAL CONDITIONS
The following conditions (the “Modifying/Additional Conditions”) modify the
County Approvals as described in the Agreement to which this Exhibit is attached and
in paragraph 1 below. To the extent that any conflict exists between the
Modifying/Additional Conditions and the County Approvals, the Modifying/Additional
Conditions shall supersede and control:
1. Changes to the Main House.
The following changes to the main house are made relative to the development
plans approved by the County Building Department as part of building permit No. 46049
issued on 12/15/10. The location of the main house and its building “footprint” on the
Property relative to the Property boundaries shall not be altered from the location
shown on these plans, except that the main house’s “footprint” may be made smaller so
long as it is located within the perimeter of the “footprint” approved in said plans. The
dimensions of the main house shall not be altered from the dimensions of the main
house shown on these plans except as described in this Exhibit B.
a. The existing primary house rests on a slab foundation. The Plans show the
elevation of this slab foundation to be 581’9” above mean sea level (msl),
measured from a local manhole cover to which an elevation of 533.75’ msl is
ascribed. The Plans show the elevation of the roof of the proposed
remodeled primary house to be 22’6” higher than the slab foundation, at
604’3” msl.
b. W ithout determining the accuracy of the msl elevations referenced in
subparagraph a of this paragraph 1, the Parties agree that (1) the elevation of
the roof of the main house shall be no higher than 21’6” above the existing
slab foundation (the elevation of the slab foundation is believed to be 581’9”
as shown on the Plans; therefore the maximum roof elevation is believed to
be 603’3” msl); (2) the three architectural articulations shown on the Plans as
extending above the roof shall be no higher than 24’3” above the existing slab
foundation (believed to be 606’0” msl); and (3) no part of the main house,
including parapets, solar panels, antennas, or anything else that might be
attached to the roof other than the chimney will extend higher than 27’3”
above the existing slab foundation (believed to be 609’0” msl); (4) the msl
elevations provided in this paragraph are for reference purposes only, and
the operative height limits are based on elevation above the existing slab
foundation; and (5) Owners will leave the existing slab foundation or a visible
and accessible portion thereof in place or will install a visible and accessible
permanent monument at the same elevation as the existing slab foundation
to permanently establish the elevation of the existing slab foundation.
c. Neighbors reserve the right to request validation of these height restrictions
during and after construction by a licensed surveyor, at Neighbors’ expense,
and Owners agree to allow the surveyor access to the Property for this limited
purpose at a time that is mutually convenient for the surveyor and the
Owners.
149
d. Owners may elect to reduce the depth of the basement by raising the bottom
of the basement, and may make other de minimis changes that do not alter
the building envelope or location of the main house on the lot or constitute a
“rebuild” under County zoning rules or conflict with any specific provisions of
the Agreement.
e. All surfaces of the main house including walls, trim, and roofing material
and stone but excluding solar panels will meet an LRV (as defined in the
Santa Clara County Code) of 45 or less.
2. Changes to the Secondary House.
a. The secondary house shall be located such that no part of the structure other
than the 30” extension of any bay window (as long as the bay window meets
the County’s definition of a bay window in terms of size and location with
respect to the structure) is located within 35 feet of the Property’s property
line abutting Redberry Drive.
b. The garage shown attached to the rear (relative to Redberry Drive) of the
secondary house will be relocated to the front side (relative to Redberry
Drive) of the secondary house. This change reduces the height of the
retaining wall at the Redberry side of the secondary house, resulting in a
smaller facade facing Redberry Drive.
c. All surfaces of the secondary house including walls, trim, and roofing material
and stone will meet an LRV (as defined in the Santa Clara County Code) of
45 or less in shades of natural earth tones (browns, beiges).
d. The secondary house will have a landscape plan that calls for an earth “berm”
on the Redberry Drive side of the structure (to the extent allowed by the City
in light of drainage requirements associated with the nearby creek) and low
shrubs and trees to generally, but not entirely screen the façade from street
view. This landscape plan will be a condition of the building permit for the
secondary house. Pursuant to the landscape plan, utilizing some of the new
trees described in Sections 4.a. and 4.b. below, and other vegetation as
necessary, Owners shall landscape the Property so that the front facade
(being the façade closest to and running parallel to Redberry Drive) of the
secondary dwelling is generally, though not entirely screened, from Redberry
Drive, given a reasonable time for the vegetation planted to grow and mature.
Owners will submit a draft of the landscape plan to Neighbors prior to
submission to the City; promptly thereafter, the Owners and Neighbors shall
meet and confer, and attempt to reach agreement as to whether the
landscape plan will result in the level of screening described in the preceding
sentence. In the event the parties cannot agree on the landscape plan, the
City’s consulting arborist (or an arborist selected by the City’s consulting
arborist should the City’s consulting arborist be unavailable for the task) shall
be retained to make a final, unappealable decision on the landscape plan. All
costs of the arborist shall be shared 50% by Owners and 50% by Neighbors.
150
3. Swimming Pool. The Owners will apply for and obtain a permit from the City for
and before installing a swimming pool and associated patio/deck. The site coverage
limitations provided in Section 15-13.080 of the City Code shall not apply to such
application. .
4. Trees.
a. The following trees can be removed without the further consent of the
Neighbors: i) the two necessary to build the main house (which are the
subject of an existing County Approval, ii) the small oak not requiring a permit
for removal located where the secondary house will be constructed, and iii)
the two pine trees marked with blue ribbon and located near the first curve of
the driveway. These two pine trees must remain marked with blue ribbon until
removed and must be replaced with native species such as oaks. In
removing the trees described in this Section 4.a., Owners shall comply with
City Code Article 15-50; any replacement trees required by City Code Article
15-50 shall apply toward satisfying the replacement requirements of this
Section 4.a.
b. The Parties acknowledge that there are many trees on the Property and that
their mutual intent is to preserve trees on the Property, but recognize that
trees other than the five described in Section 4.a. will need to be removed in
order to accommodate the construction contemplated by this Agreement (the
“Construction Trees”). Owners have marked with a red ribbon every
Construction Tree to the best of their knowledge. The Neighbors have
viewed all such marked Construction Trees. The parties agree that certain of
the Construction Trees provide visual screening of the main house from off
the property. To mitigate the loss of this visual screening and anticipated
visual impacts from the new secondary dwelling, Owners agree to plant ten
(10) new trees of native species such as oaks, of the following sizes: two 20
gallon trees, four 15 gallon trees and four 10 gallon trees. At least seven of
these trees must be planted above the secondary house, to provide
screening of the main house from Redberry Drive. Upon completion of the
framing of the main house, the Owners and Neighbors shall meet and confer
at the Property, and attempt to reach agreement as to where each of the ten
(10) trees is to be planted, provided, however, that no new trees are to be
planted in the level area to the west of the main house, being the anticipated
location of the pool and patio/deck described in Section 3. In the event the
parties cannot agree on the locations for each of the trees, the City’s
consulting arborist (or an arborist selected by the City’s consulting arborist
should the City’s consulting arborist be unavailable for the task) shall be
retained to make a final, unappealable decision on the location of each of the
trees. All costs of the arborist shall be shared 50% by Owners and 50% by
Neighbors. The ten trees shall be planted by Owners within (60) days after
the main house Certificate of Occupancy is issued by the City, to avoid
interference with construction and damage to the new trees from construction
activities.
In the event it is determined during construction that a Construction Tree
which was not marked with a red ribbon must be removed, then the Owners
151
and Neighbors shall meet and confer to determine, in the Neighbors’
reasonable discretion, whether the tree provides substantial visual screening
of the main house from off the property, and if so, Owners shall replace the
tree with a native species tree of similar size such as an oak, to be located in
a manner that reasonably enhances this visual screening from off the
Property. In removing Construction Trees, Owners shall comply with City
Code Article 15-50; any replacement trees required by City Code Article 15-
50 shall apply toward satisfying the replacement requirements of this Section
4.b.
c. As to all trees on the Property which are not among the five trees described
in Section 4.a. and not Construction Trees described in Section 4.b., and
which are of a size not requiring a permit from the City of Saratoga, for a
period of ten years from the date of this Agreement Owners shall not remove
more than two trees per year except that (i) any removal of a tree that is
ordered by a governmental agency having jurisdiction, or (ii) any removal of a
tree that is certified by a licensed arborist to be dying or to be necessary to
abate an imminent hazard to personal safety or personal property, shall not
be subject to this numerical limitation. Owners shall replace any tree
removed pursuant to this paragraph with a native species tree of similar size
such as an oak, to be located in a manner that reasonably enhances the
visual screening from off the property.
152
Exhibit C
Subjects of Inapplicable Zoning and Grading Regulations of the City of Saratoga
• Grading quantities
• Height of Main House
• Square Footage of Main House
• Impervious surface coverage limits applied to the pool, pool deck, driveway, main house
and walkways around it, secondary unit and its deck, driveway, and walking paths
surrounding it, existing parking spaces at the top of the driveway, and retaining walls
across the entire property
• Location of the Main House and Secondary House, including but not limited to setbacks
from property lines
• Discretionary design review pursuant to Article 15-45 of the Saratoga Code of the
improvements contemplated in this Agreement, including but not limited to
design/architecture of the Main House or Secondary House
• Height of the basement
• Basement not qualifying as basement (based on too much of its perimeter being above
grade, too much of its floor areas receiving daylight, certain significant areas of the
basement not being directly situated under first or second floors, or any other reason),
resulting in home being considered as having 3 stories
• Maximum height limits of retaining walls
• In application of the City’s tree protection regulations, requiring redesign/relocation of
the improvements contemplated in this Agreement to avoid (a) tree removal (i.e., the
agreed remedy is tree replacement pursuant to the City’s tree protection regulations) or
(b) placing a structure within five feet of the dripline of a protected tree (in such event the
structure must nonetheless comply with any dripline avoidance requirements of the
County and the Owners shall consult with the city arborist and comply with the protection
and mitigation (including but not limited to tree replacement) recommendations of the
city arborist addressing the absence of the five foot buffer normally required by the City).
153
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
INITIATING ANNEXATION PROCEEDINGS FOR
19351 REDBERRY DRIVE (APN 510-25-062)
WHEREAS, the City Council is considering the annexation of an approximately 1.39
acre property commonly known as 19351 Redberry Drive, hereinafter referred to as ‘the
territory’, APN 510-25-062, contiguous to the City of Saratoga; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed is in the City of Saratoga’s Urban Service Area
and Sphere of Influence and is prezoned as Hillside Residential (HR); and
WHEREAS, the territory is considered uninhabited for the purposes of annexation
proceedings because there are fewer than twelve registered voters and there is one hundred
percent (100%) owner consent for the annexation proceedings, no notice, public hearing or
election will be required for annexation approval by the City; and
WHEREAS, the City and the owners of the territory have entered a Preannexation
Agreement concerning the territory whereby the City agrees to process and the owners agree to
support the annexation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby initiates annexation proceedings and will consider annexation of the
territory to the City known as Assessor’s Parcel Number 510-25-062 located at 19351 Redberry
Drive at a meeting to be scheduled to approve the annexation.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 6th day of July 2011, by the following vote:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan,
City Clerk
154
ANNEXATION OF APN 510-25-062
(19351 REDBERRY DRIVE)
List of Services Report
Districts
Saratoga Union Elementary School NO CHANGES TO DISRICT
Los Gatos Union High School
West Valley Community College
Saratoga Cemetery
Guadalupe –Coyote Resource Conservation
Bay Area Air Quality Management
Mid-Peninsula Regional Open Space
West Valley Sanitation
Santa Clara Valley County Water
Santa Clara County Zone NC-1 County Water
Santa Clara County Importation Water-Miscellaneous
Central Fire Protection
Santa Clara Valley-Zone W-4 County Water
Area No. 01 Library Benefit Assessment County Service
Area No. 01 Library Services County Services
Santa Clara County Vector Control
Services
Santa Clara County Street Cleaning NO CHANGE IN SERVICE
Santa Clara County provides no street sweeping service. The territory to be annexed,
however, is immediately adjacent to a street served by the City street sweeping service so
is already receiving this service.
Santa Clara County Sheriff’s Department INCREASE IN SERVICE
The City of Saratoga has a contract with the Santa Clara County Sheriff’s Department
that provides two patrol cars to the City. The County has only one car for this area that
also covers the Los Gatos mountains.
Santa Clara Valley Transportation Authority NO CHANGE IN SERVICE
155
1
FIRST AMENDMENT TO FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER
PREANNEXATION AGREEMENT
THIS FIRST AMENDMENT TO FARAHANCHI/MOKHLESI/HOLTON/KOWNACKI/PFEIFFER
PREANNEXATION AGREEMENT (“First Amendment”) is made this _____ day of November, 2011,
by and between the CITY OF SARATOGA (“City”), a municipal corporation of the State of
California, Fariba Farahanchi and Nima Mokhlesi (collectively “the Farahanchi/Mokhlesis”), John
Holton and Wanda Kownacki (“the Holton/Kownackis”), and Jim Pfeiffer (“Pfeiffer”, and
collectively with the Holton/Kownackis, “the Neighbors”). The Farahanchi/Mokhlesis are sometimes
referred to herein as “the Owners” and the Owners, City and Neighbors are collectively referred to
herein as “the Parties.”
RECITALS
A. The Parties entered into that certain Farahanchi/Mokhlesi/Holton/Kownacki/Pfeiffer
Preannexation Agreement dated July 6, 2011 regarding, among other matters, the annexation of the
Property into the City (the “Agreement”).
B. The City approved the Agreement on July 6, 2011.
C. Section 7 of the Agreement provides that the Agreement terminates if the annexation of the
Property has not occurred within four (4) months of the City’s approval of the Agreement.
D. The Owners desire to extend the termination date stated in the Agreement as set forth herein.
NOW, THEREFORE, for the mutual promises hereinafter stated, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Definitions.
Defined terms in this First Amendment shall have the same meaning as in the Agreement unless
otherwise indicated.
2. Modified and/or Additional Provisions.
The following provisions are hereby revised and/or added to the Agreement:
Section 7. “Termination of Agreement”
Section 7 of the Agreement is hereby amended to delete the language “within four (4) months after the
date of City’s approval of this Agreement” and to substitute therefore the following language: “by
February 2, 2012”.
3. Effective Date.
This First Amendment shall take effect only upon, from and after its execution by all of the signatories
below.
4. Inconsistency
156
2
In the event of any inconsistency between the terms of this First Amendment and the terms of
the Agreement, the terms of this First Amendment shall control as to the matters which are the subject
of this First Amendment.
5. Ratification.
Except as amended by this First Amendment, the terms and provisions of the Agreement are
hereby ratified, confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective representatives as follows:
CITY OF SARATOGA
City of Saratoga, A Municipal Corporation
By: ____________________________________
Howard A. Miller, Mayor Date
ATTEST:
By: Ann Sullivan, City Clerk Date
Approved as to Form:
___________________________________
City Attorney, Richard Taylor Date
OWNERS
By: Nima Mokhlesi Date
By: Fariba Farahanchi Date
NEIGHBORS
By: Wanda Kownacki Date
By: James W. Pfeiffer Date
By: John Holton Date
157
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2011 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay
SUBJECT: Sign Ordinance Update
__
RECOMMENDED ACTION:
Provide input to staff.
REPORT SUMMARY:
The City’s Sign Ordinance (Article 15-30) received its last major update in the early 1990s with
some minor updates in 2006. Over time, several court cases have established the legal framework
used to determine whether a sign ordinance conforms to the First Amendment of the U.S.
Constitution. Several regulations of the existing Sign Ordinance restrict signs based on content,
such as political signs and real estate signs. Therefore the primary objective of the Sign
Oridinance Update is to make Saratoga’s sign regulations content neutral. A regulation that is
content neutral is one which is applicable regardless of the message of the sign. Secondary
objectives, discussed at two City Council/Planning Commission joint meetings included:
• Consider sign ordinances of other cities
• Consider the appropriate parameters (area, height, type , etc.) for Saratoga
• Updated ordinance should reflect the values of our community
• Consider implementation (e.g. amortization schedule, enforcement, timing)
• Design Guidelines might be needed
Overview:
On January 28th, 2011, the City Council directed staff to complete an update to the Sign
Ordinance. Public outreach through the Chamber of Commerce began in February. A survey to
gather public opinions on various aspects of the current Sign Ordinance was placed on the City
website and mailed to several hundred businesses, representatives from local Home Owners
Associations, and anyone who signed up to receive emails about City activities.
In addition to a public workshop sponsored by the Chamber of Commerce on June 23rd, the
Planning Commission held sign ordinance study sessions on July 12th, August 22nd, September
27th, October 11th, and October 18th. Progress made during these study sessions is discussed
further in this report.
158
Page 2 of 2
Discussion:
On July 12th, a draft ordinance, prepared by staff in cooperation with the City Attorney’s office,
was presented to the Planning Commission. The draft ordinance had the following changes:
(1) eliminated direct references to content; (2) reduced redundancy in the Code; (3) generally
kept the same standards for sign size, design, placement, lighting, materials, and type of sign
structures; and (4) generally kept the same format for regulating signs by zoning district.
Following the July 12th Study Session, Planning Commissioners each took a different area of the
city and photographed most signs throughout the city to develop a database of signs that exist in
Saratoga today.
On August 22nd, the Commission reviewed the sign photos to understand the diversity and
parameters (e.g. area, height, materials, etc.) that define the signs that exist today. This was to
provide context between the existing ordinance and the direction for the ordinance update.
On September 27th, the Commission discussed larger signs throughout the City including free
standing signs and building signs with consideration for the variability and parameters of these
signs in different areas and zoning districts. The Commission also discussed reorganizing the
ordinance by sign districts.
On October 11th, the Commission reviewed the organization of the ordinance by business sign
district rather than zoning district. The four distinct areas would be 1) The Village and the
businesses near the intersection of Saratoga Avenue and Highway 9; 2) Quito Village and the
businesses near the intersection of Cox Avenue and Saratoga Avenue; 3) businesses near the
intersection of Prospect Avenue and Lawrence Expressway; and 4) businesses along Saratoga-
Sunnyvale Road.
On October 18th, the Commission continued to discuss and update the parameters (e.g., area and
height) for free standing signs and building signs in the four sign districts.
Over the next few months, the Commission will review and update the remainder of the code as
illustrated in the attached timeline.
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) Sign Ordinance Timeline
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PLANNING COMMISSION SCHEDULE FOR UPDATING THE SIGN ORDINANCE
November 8th
Study Session
(5-6pm) Big Basin Mixed Use
(6-8:30pm) Complete Sections 15-30.070 through 15-30.100 - Free Standing
and Building Signs for Retail and Office Uses in Village Sign District,
Cox/Saratoga Avenue Sign District, Prospect Road Sign District, and
Saratoga-Sunnyvale Road Sign District
December 13th
Study Session
Section 15-30.050 (Signs Allowed in any District without a permit)
Window signs, temporary/portable signs, “actively marketed” signs, neon
signs, and A-frame signs
January 10th
Study Session
Section 15-30.060 (Signs Allowed in Any District with a Permit)
Agricultural Uses, Residential/MF/Hotels, Subdivisions, Public Assembly,
Schools/Churches, Gas Stations
*January 17th Notice due for Planning Commission (2/8/12)
January 24th
Study Session
Sections 15-30.170 through 15-30.180 – Amortization, Abatement, and
Violations of Nonconforming signs
February 7th
Study Session
Sections 15-30.010 through 15-30.040 and Sections 15-30.110 through 15-
30.160 and Section 15-30.190
February 21st Planning Commission Public Hearing
March 14th Study Session
April 11th Planning Commission Public Hearing
**April 11th Notice due for City Council (5/2/12)
May 2nd City Council Public Hearing
May 16th City Council 2nd Reading
*Note: Planning Commission Notice due (1/17) before Study Sessions are completed (1/24)
**Note: City Council Notice due morning of final Planning Commission Public Hearing (4/11)
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