HomeMy WebLinkAboutCity Council Agenda Packet 09052007
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, September 05, 2007
CLOSED SESSION – 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
CALL MEETING TO ORDER – 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference With Legal Counsel – Threatened Litigation: Significant exposure to
litigation pursuant to Government Code section 54956.9(b): (1 potential case)
OPEN MEETING – 6:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
Joint meeting with West Valley Board of Trustees
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
August 31, 2007)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Report from West Valley Board of Trustees
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Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
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.
1. City Council Minutes - June 26, 2007
Recommended action:
Approve minutes.
2. City Council Minutes - August 1, 2007
Recommended action:
Approve minutes.
3. Review of Accounts Payable and Payroll Check Registers.
Recommended action:
That the City Council accepts the Check Registers for:
Accounts Payable: July 25, August 1,8,15,22, 2007
Payroll: August 2, 16, 2007
4. Establishment of Council Finance Standing Committee
Recommended action:
Review report and direct staff accordingly
5. Approval of City Manager Contract
Recommended action:
Approve a contract for City Manager services setting salary and benefits for 2007-
2011.
6. SEA MOU Side Letter of Agreement
Recommended action:
Adopt the resolution approving the Side Letter of Agreement between the City and
the Saratoga Employees Association (SEA).
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7. Memorandum of Understanding with the Northern California Carpenters Regional
Council, Carpenters Forty Six Northern California Counties Conference Boad and
Their Affiliated Locals (Union)
Recommended action:
Adopt the resolution approving the Memorandum of Understanding (MOU) between
the City and the Northern California Carpenters Regional Council, Carpenters Forty
Six Northern California Counties Conference Board and Their Affiliated Locals
(Union) for the period July 1, 2007 through September 30, 2011, and authorize the
City Manager to execute the MOU.
8. Approval of User Agreements with AYSO and CYSA for West Valley College Play
Fields
Recommended action:
Approve User Agreements (Attachments 1 & 2) with American Youth Soccer
Organization (AYSO) and California Youth Soccer Association (CYSA) for West
Valley College play fields for organized sport use and authorize the City Manager to
execute the same.
9. Motor Vehicle (MV) Resolutions
Recommended action:
1. Move to adopt the Motor Vehicle Resolution authorizing a red curb on Saratoga
Avenue.
2. Move to adopt the Motor Vehicle Resolution authorizing changes on Big Basin
Way
3. Move to adopt the Motor Vehicle Resolution authorizing “No Stopping or
Parking Anytime” on Herriman Avenue.
10. 2006 Annual Concrete Repair Project - Extension of Construction Contract to
Perform Additional Work
Recommended action:
Authorize an increase to the change order authority for an existing construction
contract with George Bianchi Construction, Inc. in the amount of $175,000
11. 2006 Stormdrain Repair and Upgrade Project – Extension of Construction Contract to
Perform Additional Work
Recommended action:
Authorize an increase to the change order authority for an existing construction
contract with Furlo & Furlo in the amount of $58,623 for the 2006 Stormdrain
Upgrade and Repair Project.
PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council’s approval at the Council meeting
12. 13855 Saratoga Avenue; Application 07-385 for Landmark Status and Mills Act
Agreement
Recommended action:
The Heritage Preservation Commission (HPC) recommends the City Council:
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(1) Open the public hearing and accept public testimony on the attached Ordinance to
designate the subject property as a historic landmark and Resolution to enter into a
Mills Act Agreement;
(2) Close the hearing and introduce and waive first reading of the attached Ordinance;
(3) Direct staff to place the second reading and adoption of the Ordinance on the
consent calendar for the next regular Council meeting;
(4) Following introduction of the Ordinance, adopt the attached Resolution and direct
the City Manager to enter into a Mills Act Agreement for the property located at
13855 Saratoga Avenue.
13. Appeal of the Planning Commission’s June 13, 2007 Modification of Use Permits for
St. Archangel Michael Serbian Orthodox Church at 18870 Allendale Avenue
Recommended action:
Conduct public hearing. Direct staff to continue hearing to September 19, 2007.
OLD BUSINESS
None
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Aileen Kao
Association of Bay Area Government
Hakone Foundation
West Valley Mayors and Managers Association
City School Adhoc
County HCD Policy Committee
Vice Mayor Ann Waltonsmith
Hakone Foundation
Northern Central Flood Control Zone Advisory Board
KSAR
SASCC
Sister City Liaison
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Councilmember Chuck Page
Chamber of Commerce
Santa Clara County Cities Association-Joint Economic Development Policy Committee
(JEDPC)
West Valley Sanitation District
West Valley Solid Waste Joint Powers Association
Village AdHoc
Councilmember Kathleen King
County Cities Association Legislative Task Force
Peninsula Division, League of California Cities
Santa Clara County Cities Association
Valley Transportation Authority PAC
City School AdHoc
Councilmember Jill Hunter
Historic Foundation
Library Joint Powers Association
Santa Clara County Emergency Council
Santa Clara County Valley Water Commission
Village AdHoc
CITY COUNCIL ITEMS
OTHER
CITY MANAGER’S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on August 31,
2007, of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City’s
website at www.saratoga.ca.us
Signed this 31st day of August 2007at Saratoga, California.
Cathleen Boyer, CMC
City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2007
9/5 Regular Meeting – Joint Meeting with West Valley Board of Trustees
9/19 Regular Meeting – Joint Meeting with Saratoga Union Elementary School
District
10/3 Regular Meeting – Joint Meeting with Montalvo Arts
10/17 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High
School District
11/7 Regular Meeting
11/20 Regular Meeting
11/21 Regular Meeting – Cancelled
12/4 Special Meeting – City Council Reorganization
12/5 Regular Meeting
12/19 Regular Meeting
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1
MINUTES
SARATOGA CITY COUNCIL
JUNE 26, 2007
Vice Mayor Waltonsmith called the Study Session meeting to order at 6:00 p.m.
ROLL CALL
PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Vice
Mayor Ann Waltonsmith
ABSENT: Mayor Aileen Kao
ALSO
PRESENT:
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Cathleen Boyer, City Clerk
Michael Taylor, Interim Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 26, 2007
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of June 26, 2007 was properly posted on June 22, 2007.
ORAL COMMUNICATIONS
Pricilla Ho discussed the UPRR crossing at Fredericksburg Drive and Guava Court.
Fran Colletti requested that the Council move forward with the Prospect Road Median
Improvement Project.
Ray Muzzy thanked Vice Mayor Waltonsmith and Councilmember King for their time
and effort they spent trying to get the City of San Jose to help fund the Prospect Road
Median Improvement Project.
1. DIRECTION REGARDING CONCEPTUAL PROPOSAL RECEIVED
FROM ALAN AND LISA BECK FOR THE USE OF NORTH CAMPUS
STAFF RECOMMENDATION:
Accept report and direct Staff accordingly.
Michael Taylor, Interim Recreation Director, presented staff report.
Lisa & Allen Beck along with Nieves Diaz and Juan Menendez presented their
proposal for the North Campus Gymnasium and Child Development Center. The
group provided the following information:
• Background of the company that will be created to run the child
development center
• Project descriptions of both the gymnasium and the child development
center
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• Square footage distribution and cost estimates
• Lease terms
• Community benefits
Vice Mayor Waltonsmith invited public comments.
The following people requested to speak on this item:
Jack Mallory stated that the ball was now back in Council’s hands and that they
need to decide how we want to use this site. Mr. Mallory stated that he thinks this
is an interesting concept. Mr. Mallory noted that the childcare center fits the new
families who work and live in Saratoga.
John Kimble stated that his concern is the referendum. Mr. Kimble feels that the
use of the Campus needs to be broader and there needs to be more community
discussion.
Vice Mayor Waltonsmith thanked the public for their comments.
Vice Mayor Waltonsmith stated that the City needs to provide the Becks with
some direction in an effort for them to move forward.
City Council discussed on the proposed gymnasium and suggested that staff
schedule site visits to similar buildings. City Council also discussed the cost
estimates provided by the group and staffing issues once the gymnasium is built.
Interim Director Taylor stated that until the Becks gets permission from the City to
move forward it is hard to get contractors out to the site to provide more accurate
costs.
Councilmember King asked if there would be any naming opportunities.
Mr. Beck stated that the gymnasium would be owned by the City so the City can
name it whatever they want.
Councilmember Hunter stated that she thinks this process is going too fast and
needs more public input to see if the public really wants a gymnasium.
Councilmember Page stated that that he thinks this is an interesting proposal and
that this proposal does warrant more community discussion.
Councilmember King noted that she could not be more thrilled with this proposal.
Councilmember King stated that the Community usually does not get involved
until the Council makes decisions and until the public sees the proposal, they will
not get excited. Councilmember King stated that she is impressed with the group’s
creativity. Councilmember King stated that a gymnasium does not always have to
be used for sports; you can have other events there as well.
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Vice Mayor Waltonsmith stated that she feels that the proposal would fit in the
neighborhood. Vice Mayor Waltonsmith stated that she would like to see like
better buildings but unfortunately funds are limited. Vice Mayor Waltonsmith
stated that she feels the Council is honoring the referendum, making the Campus a
more useful place. Vice Mayor Waltonsmith suggested moving forward with this
proposal. Vice Mayor Waltonsmith stated that the City might not be using the
gym as much due to lack of staffing. Vice Mayor Waltonsmith stated that the City
needs to find a way to go forward and stop going around in circles.
Councilmember King suggested that the Becks flesh out their proposal and include
their running total costs with interest. Councilmember King stated that she
envisions a large room for activities, a gym, and a playground at this site.
Councilmember Page noted that the citizens of Saratoga have not been heard yet
and they might be the final arbitrator. Councilmember Page suggested moving
forward with negotiations and directing staff to do a parking and traffic study and
to provide more information on the proposed financial terms.
Councilmember Hunter stated that she feels some questions have not been
answered and that the process is going too fast.
Vice Mayor Waltonsmith suggested a study session with the Planning
Commission.
Councilmember King and Councilmember Hunter both supported a study session
with the Planning Commission
PAGE/KING MOVED TO DIRECT STAFF TO CONDUCT PARKING AND
ENVIRONMENTAL STUDIES; SCHEDULE A JOINT STUDY SESSION
WITH THE PLANNING COMMISSION AT THE END OF AUGUST; AND
INVITE THE PUBLIC TO PARTICIPATE IN THE DISCUSSION.
MOTION PASSED 4-0-1 WITH KAO ABSENT
ADJOURNMENT
There being no further business Vice Mayor Waltonsmith adjourned the Study Session at
8:30 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
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MINUTES
SARATOGA CITY COUNCIL
AUGUST 1, 2007
The City Council of the City of Saratoga met in Closed Session, Administrative
Conference Room, 13777 Fruitvale Avenue at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Barbara Powell, Assistant City Manager, and
Monica LaBossiere, Human Resources Manager
Employee organization: SEA
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representative: Dave Anderson, City Manager
Employee organization: SMO
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representative: Barbara Powell, Assistant City Manager and
Monica LaBossiere, Human Resources Manager
Employee organization: Northern California Carpenters Regional Council,
Carpenters Forty Six Northern California Counties Conference Board and Their
Affiliated Locals
Conference With Legal Counsel - Existing Litigation (1 case) (Government Code
section 54956.9(a)):
Suto v. Saratoga et al. (Santa Clara County Superior Court Case
No.107CV078657
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code 54957)
Title: City Manager
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code 54957)
Title: City Attorney
The City Council held a Joint meeting at 6:00 p.m. with the Saratoga Chamber of
Commerce in the Administrative Conference Room.
MAYOR’S REPORT ON CLOSED SESSION
Mayor Kao stated that there was no reportable information.
Mayor Kao called the Regular City Council meeting to order at 7:05 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page,
Vice Mayor Ann Waltonsmith, Mayor Aileen Kao
ABSENT: None
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SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 2
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – August 1, 2007
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A – Minutes August 1, 2007
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ALSO
PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Barbara Powell, Assistant City Manager
Cathleen Boyer, City Clerk
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Interim Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 1, 2007
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of August 1, 2007, was properly posted on August 26, 2007.
ORAL COMMUNICATIONS
The following people requested to speak at tonight’s meeting:
Andrea Boscoe-McGhee explained that over the past couple of Saturdays she has been
walking along Saratoga-Sunnyvale Road picking up garbage. Ms. Boscoe-McGhee noted
that she picked up several cups from Starbucks. Ms. Boscoe-McGhee stated that the City
should form a committee to adopt the City and clean it up. Ms. Boscoe-McGhee noted
that she created a plan called “Keep Saratoga Clean”.
Ms. Boscoe-McGhee read a letter her daughter Chole McGhee asking the Council to help
her clean up Saratoga.
COUNCIL DIRECTION TO STAFF
In regards Ms. Boscoe-McGhee’s comments, Councilmember King asked that this item
be agendized. Councilmember King stated that she is always getting calls from residents
who want to volunteer.
Councilmember Hunter noted that she agrees with Ms. Boscoe-McGhee’s comments, she
is constantly picking up trash in the Village.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
J.R. Ellis stated that he was the treasurer of the Saratoga Chamber of Commerce. Mr.
Ellis noted that prior to this meeting the Chamber Board met with the City Council. Mr.
Ellis stated that they are increasing membership about one to two new members per
week. Mr. Ellis announced that the 19th Annual Celebrate Saratoga would be held on
September 15, 2007.
ANNOUNCEMENTS
Vice Mayor Waltonsmith announced that on August 9th at 10:00 a.m. at City Hall
the Sister City student exchange program would be holding a reception for the students
visiting Saratoga from Muko, Japan.
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Vice Mayor Waltonsmith announced that on September 27th at 6:00 p.m. in the Saratoga
Community Center’s Multi Purpose Room the first LEAF meeting would take place.
This group is a tri-city venture, which includes, the cities of Monte Sereno and Saratoga
and the Town of Los Gatos. This group will discuss how our citizen can help themselves
in finding ways to live a more environmentally sensitive lifestyle.
Councilmember Page noted that most people might notice that on your tax bill that
there’s a line item charge for the West Valley Sanitation District. Councilmember Page
explained that recently the District has performed some renovations on the sewer lines on
Springer Avenue, McDole Street, and Aspesi Drive.
CEREMONIAL ITEMS
1. COMMENDATION HONORING LISA MARIE BURLEY
STAFF RECOMMENDATION:
Present commendation.
Mayor Kao read the proclamation and presented it to Ms. Burley.
SPECIAL PRESENTATIONS
2. UPDATE ON THE WEST VALLEY COLLEGE CONSTRUCTION
PROJECTS
STAFF RECOMMENDATION:
Informational only.
Board Trustees Jack Lucas and Don Cordero and President Phil Hartley provided the
City Council an overview of the construction projects at West Valley College.
CONSENT CALENDAR
3. REVIEW OF ACCOUNTS PAYABLE AND PAYROLL CHECK REGISTERS
STAFF RECOMMENDATION:
Accepts the Check Registers for:
Accounts Payable: July 11, 2007 and July 18, 2007
Payroll: July 19, 2007
WALTONSMITH/PAGE MOVED TO ACCEPT THE CHECK REGISTERS
FOR ACCOUNT PAYABLE JULY 11, 2007 AND JULY 18, 2007 AND
PAYROLL JULY 19, 2007. MOTION PASSED 5-0.
4. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF)
STAFF RECOMMENDATION:
Adopt resolution authorizing the continued use of the Citizen Options for Public
Safety (COPS) program's Supplemental Law Enforcement Services Fund (SLESF)
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grant as a source of funds for additional public safety services.
RESOLUTION: 07- 056
WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION AUTHORIZING
THE CONTINUED USE OF THE SLESF FUNDS. MOTION PASSED 5-0.
5. LICENSE AGREEMENT WITH SARATOGA SISTER CITY FOR STORAGE
SHED AT NORTH CAMPUS
STAFF RECOMMENDATION:
Accept report and adopt the resolution approving the License Agreement with the
Saratoga Sister City.
RESOLUTION: 07- 057
WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION APPROVING
THE LICENSE AGREEMENT WITH THE SARATOGA SISTER CITY.
MOTION PASSED 5-0.
6. MOTOR VEHICLE (MV) RESOLUTION
STAFF RECOMMENDATION:
Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping”
on Sobey Meadows Court.
RESOLUTION: MV-267
WALTONSMITH/PAGE MOVED TO ADOPT MOTOR VEHICLE
RESOLUTION AUTHORIZING “NO PARKING OR STOPPING” ON SOBEY
MEADOWS ROAD. MOTION PASSED 5-0.
7. INITIAL MITIGATION EFFORTS FOR REMOVAL OF AN ILLEGAL
BICYCLE TRAIL IN THE PARKER RANCH SUBDIVISION -
APPROPRIATION OF FUNDS
STAFF RECOMMENDATION:
Approve $5,000 in Council Contingency funds for initial mitigation efforts to remove
an illegal bicycle trail in the Parker Ranch Subdivision.
WALTONSMITH/PAGE MOVED TO APPROVE $5,000 IN COUNCIL
CONTINGENCY FUNDS FOR INITIAL MITIGATION EFFORTS TO
REMOVE AN ILLEGAL BICYCLE TRAIL IN THE PARKER RANCH
SUBDIVISION. MOTION PASSED 5-0.
8. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1
ANNEXATION 2007-1, ZONE NO. 33 - APPROVAL OF BUDGET
ADJUSTMENT RESOLUTION FOR FY 07-08
STAFF RECOMMENDATION:
Move to adopt the budget adjustment resolution increasing both revenues and
expenditures for Landscaping and Lighting Assessment District LLA-1 for the
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amount of $3,200.
RESOLUTION: 07-053
WALTONSMITH/PAGE MOVED TO ADOPT THE BUDGET ADJUSTMENT
RESOLUTION INCREASING BOTH REVENUES AND EXPENDITURES
FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1
FOR THE AMOUNT OF $3,200. MOTION PASSED 5-0.
9. MEMORANDUM OF UNDERSTANDING WITH THE NORTHERN
CALIFORNIA CARPENTERS REGIONAL COUNCIL, CARPENTERS
FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE
BOARD AND THEIR AFFILIATED LOCALS (UNION)
STAFF RECOMMENDATION:
Adopt the resolution approving the Memorandum of Understanding (MOU) between
the City and the Memorandum of Understanding with the Northern California
Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board and Their Affiliated Locals (Union) for the period July 1, 2007
through September 30, 2011, and authorize the City Manager to execute the MOU.
Vice Mayor Waltonsmith requested that this item be removed from the Consent
Calendar.
Barbara Powell, Assistant City Manager, asked that this item be tabled and brought
back at a subsequent meeting.
KING/PAGE MOVED TO CONTINUE THIS ITEM TO A FUTURE AGENDA.
MOTION PASSED 5-0.
10. MEMORANDUM OF UNDERSTANDING WITH SARATOGA EMPLOYEES
ASSOCIATION
STAFF RECOMMENDATION:
Adopt the resolution approving the Memorandum of Understanding (MOU) between
the City and the Saratoga Employees Association (SEA) for the period July 1, 2007
through September 30, 2011, and authorize the City Manager to execute the MOU.
RESOLUTION: 07-054
Vice Mayor Waltonsmith requested that this item be removed from the Consent
Calendar.
Barbara Powell, Assistant City Manager, explained that staff asked that item 10 be
pulled to make one correction in the staff report. Assistant City Manager Powell
stated that in the report summary the term of the agreement should be July 1,2007 –
September 30, 2011.
PAGE/WALTONSMITH MOVED TO ADOPT THE RESOLUTION
APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND THE SARATOGA EMPLOYEES
ASSOCIATION (SEA) FOR THE PERIOD JULY 1, 2007 THROUGH
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SEPTEMBER 30, 2011, AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE MOU. MOTION PASSED 5-0.
11. MEMORANDUM OF UNDERSTANDING WITH THE SARATOGA
MANAGEMENT ASSOCIATION
STAFF RECOMMENDATION:
Adopt the resolution approving the Memorandum of Understanding (MOU) between
the City and the Saratoga Management Association (SMO) for the period July 1, 2007
through September 30, 2011, and authorize the City Manager to execute the MOU.
RESOLUTION: 07-055
Vice Mayor Waltonsmith requested that this item be removed from the Consent
Calendar.
Barbara Powell, Assistant City Manager, explained that staff asked that item 10 be
pulled to make one correction in the staff report. Assistant City Manager Powell
stated that in the report summary the term of the agreement should be July 1,2007 –
September 30, 2011.
PAGE/WALTONSMITH MOVED TO ADOPT THE RESOLUTION
APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY AND THE SARATOGA MANAGEMENT
ASSOCIATION (SMO) FOR THE PERIOD JULY 1, 2007 THROUGH
SEPTEMBER 30, 2011, AND AUTHORIZE THE CITY MANAGER TO
EXECUTE THE MOU. MOTION PASSED 5-0.
PUBLIC HEARINGS
None
OLD BUSINESS
12. PROSPECT ROAD MEDIAN IMPROVEMENT PROJECT - AGREEMENT
FOR PROFESSIONAL DESIGN SERVICES
STAFF RECOMMENDATION:
1. Move to authorize the City Manager to execute an Independent Contractor
Agreement between the City of Saratoga and Callander Associates Landscape
Architecture, Inc. for professional design services in the amount of $28,098 and an
additional allocation in the amount of $2,500 for subsurface investigation.
2. Authorize the Mayor to sign a letter of understating with the City of San Jose
regarding the project.
The following person requested to speak on this item:
Fran Colletti asked for Council’s support to move forward on this project. Mrs.
Colletti stated that in 2001 she collected a lot of signatures supporting this project.
Mrs. Collettti stated that she is discouraged on how slow the process is going.
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WALTONSMITH/PAGE MOVED TO DIRECT STAFF TO OBTAIN A
LETTER OF UNDERSTANDING FROM THE CITY OF SAN JOSE
STATING THAT THEY WILL COOPERATE WITH THE PLAN BEFORE
THE CITY MANAGER OF SARATOGA CAN APPROVE CONTRACT
WITH CALLANDER ASSOCIATES. MOTION PASSED 4-1 WITH HUNTER
OPPOSING.
WALTONSMITH/PAGE MOVED TO AUTHORIZE THE CITY MANAGER
TO EXECUTE AN INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN THE CITY OF SARATOGA AND CALLANDER ASSOCIATES
LANDSCAPE ARCHITECTURE, INC. FOR PROFESSIONAL DESIGN
SERVICES IN THE AMOUNT OF $28,098 AND AN ADDITIONAL
ALLOCATION IN THE AMOUNT OF $2,500 FOR SUBSURFACE
INVESTIGATION. MOTION PASSED 5-0.
NEW BUSINESS
13. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA
CITIES ANNUAL CONFERENCE
STAFF RECOMMENDATION:
Designate a voting delegate and alternate for the League’s Annual Conference.
WALTONSMITH/KING MOVED TO APPOINT CHUCK PAGE AS VOTING
DELEGATE AND JILL HUNTER AND DAVE ANDERSON AS THE
ALTERNATES. MOTION PASSED 5-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kao reported that following information:
Hakone Foundation – event at Phil Boyce’s house on September 15th to celebrate the 83rd
anniversary of Madame Butterfly.
West Valley Mayors and Managers Association – discussed the proposed expansion of
the Hanson Permanente Cement quarry.
Vice Mayor Waltonsmith reported the following information:
Hakone Foundation – recently held a special meeting for team building.
Councilmember Chuck reported the following information:
West Valley Solid Waste Joint Powers Association – noted that the next Board meeting
would be held on September 21, 2007 at 5:00 pm at the Town of Los Gatos City Council
Chambers.
Councilmember King reported the following information:
Peninsula Division, League of California Cities – annual dinner on Thursday, August 2,
2007.
Valley Transportation Authority PAC – filling in for Councilmember Sandoval at the
Board meeting. Important item for discussion is SB 286.
City School AdHoc – new schedule at West Valley College for field use.
Councilmember Hunter reported the following information:
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Santa Clara County Valley Water Commission – reported that the Board has been
discussing potential water conversation efforts with in the next year.
CITY COUNCIL ITEMS
Councilmember King requested a status report on the City’s efforts of establishing a
household battery drop off site at City Hall.
City Manager Anderson noted that he would include her request in the weekly newsletter.
Councilmember King requested that City staff provide the URL for the Planning
Commission’s discussion regarding the St. Archangel Michael Church.
Vice Mayor Waltonsmith requested that the City Attorney provide the Council and staff
with Brown Act and Public Records Act training in the near future.
City Attorney Taylor responded that he would work with City Manager Anderson to
scheduled training for City Council and staff.
Referring to an article she saw in the San Jose Mercury News, Vice Mayor Waltonsmith
asked if the City would be willing to discontinue buying bottled water. Vice Mayor
Waltonsmith suggested using carafes of water at the dais instead of bottles.
City Councilmembers agreed to use carafes instead of bottled water.
OTHER
None
CITY MANAGER’S REPORT
City Manager Anderson noted that he would be on vacation from August 4-19, 2007 and
Assistant City Manager Powell would be acting City Manager.
ADJOURNMENT
There being no further business Mayor Kao adjourned the regular meeting at 9:30 p.m.
and noted that Council would be returning to Closed Session in the Administrative
Conference Room.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
18
AGENDA ITEM: 3
CITY MANAGER: Dave Anderson
Karen Caselli DIRECTOR:Mary Furey
RECOMMENDED ACTION:
That the City Council accepts the Check Registers for the following payment cycles:
Accounts Payable:July 25, August 1, 8, 15, 22, 2007
Payroll:August 2, 16, 2007
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
7/25/07 105595 105668 74 $111,407.05 7/26/07 7/18/07 105594
8/1/07 105669 105719 51 $127,034.30 8/2/07 7/25/07 105668
8/8/07 105720 105798 79 $572,107.18 8/9/07 8/1/07 105719
8/15/07 105799 105850 52 $104,548.32 8/16/07 8/8/07 105798
Accounts Payable 8/22/07 105851 105909 59 $486,951.19 8/23/07 8/15/07 105850
Total$1,402,048.04
Payroll (Pay Per.#16-07)8/2/07 32485 32546 62 $158,683.60 8/2/07 7/19/07 32484
8/16/07 32547 32612 66 $161,464.93 8/16/07 8/2/07 32546
Total $320,148.53
TOTAL $1,722,196.57
AP Date Check # Issued to Dept.Amount
7/25/07 105595 Public Safety $15,632.67
7/25/07 105648 Various $16,196.47
7/25/07 105656 Various $35,529.19
8/1/07 105671 Mobile Modular Mgt.Facility Improvement ISF Gen Gov Svc 30,075.10
8/1/07 105681 Gen Gov Svc $15,500.00
8/1/07 105714 Public Safety $15,633.50
8/8/07 105735 Public Safety $311,610.00
8/8/07 105737 Dev. Svc/IT $31,000.00
E-Feedback Manager
Generator
Law Enforcement Services
TRAKIT Software
Generator
Attorney/Legal Services
Gas & Electric Service
Purchase of Modular Bldg.
September 5, 2007
Type of Checks
MEETING DATE:
Date
Starting
Check No.
SUBJECT: Review of Accounts Payable and Payroll Check Registers.
Amount
Prior Check Register
DEPARTMENT:
PREPARED BY:
Total
Checks
Various
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Edward R. Bacon Co.
Pacific Gas & Electric
Fund
Accounts Payable
Checks
Released
Ending
Check No.
Purpose
Payroll (Pay Per.#17-07)
Finance & Admin. Services
Accounts Payable
General
Various
Comcate General
United Rentals
Shute, Mihaly & Wein.
Accounts Payable
Accounts Payable
County of Santa Clara General
CRW Services Development Serv./IT
General
SARATOGA CITY COUNCIL
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report19
8/8/07 105749 Infra-CIP $21,819.87
AP Date Check # Issued to Dept.Amount
8/8/07 105762 Parks/Trl CIP $19,144.40
8/8/07 105771 Public Works $11,992.70
8/8/07 105779 Various $15,327.70
8/8/07 105781 Comm Svc $30,000.00
8/15/07 105820 Various $10,835.36
8/15/07 105827 Dev. Svc.$10,175.00
8/15/07 105828 Gen Gov Svc $10,489.97
8/15/07 105849 PW/Environ Svc.$18,069.21
8/22/07 105862 Pub.Safety Svc.$14,176.04
8/22/07 105865 Pub.Safety Svc.$311,610.00
8/22/07 105880 PW $11,213.95
8/22/07 105883 Gen.Gov. Svc.$10,824.00
8/22/07 105890 Various $14,865.75
8/22/07 105903 Infrastruc.C.I.P.$51,606.47
The following is a list of Accounts Payable checks that were voided or manually issued:
AP Date Check # Issued to Amount
7/25/07 105450 ($15,632.67)
7/25/07 105595 $15,632.67
8/1/07 105606 A T & T ($521.73)
8/1/07 105669 $155.70
8/1/07 105670 $366.03
8/1/07 105671 Mobile Modular $30,075.10
8/1/07 105622 Gachina Landscaping ($354.33)
8/15/07 105134 ($500.00)
8/22/07 105831 ($1,466.20)
8/22/07 105847 ($927.30)
The following is a list of cash reduction by fund:
Fund #AP 7/25 AP 8/01 AP 8/08 AP 8/15 AP 8/22 Total
001 General 69,677.96 64,096.89 399,945.26 67,007.81 380,584.31 981,312.23
150 Streets & Roads 1,909.46 15,748.72 8,225.29 25,883.47
201 Manor Drive Landscape 66.03 66.03
202 Ferdericksburg Landscape 193.54 36.03 229.57
203 Greenbriar Landscape 210.00 400.75 240.71 851.46
204 Quito Lighting 1,209.88 1,577.94 1209.8 3,997.62
205 Azule Lighting 264.26 2,071.28 264.23 2,599.77
206 Sarahills Lighting 288.52 145.73 288.5 722.75
207 Village Lighting 2,148.36 1,776.04 638.45 4,562.85
209 McCartysville Landscape 15.44 109.29 286.4 411.13
210 Tricia Woods Landscape 7.72 20.49 59.57 87.78
211 Arroyo de Saratoga Landscape 569.24 427.22 996.46
212 Leutar Court Landscape 20.49 44.93 65.42
215 Bonnet Way Landscape 332.10 93.36 459.63 885.09
216 Beauchamps Landscape 49.16 125.23 42.19 216.58
Concrete RepairEl Quito Area Curb Rplcmnt
Preschool Ramp
Water Service
Consulting Services
Street Striping-Sara-Snvl Rd
Purpose
West Valley Sanitation General/Environ. Program
Animal Services
Various
WV Clean Water Program
Consulting ServicesGeneral
Funds Withdrawal
Facility Improvement/GeneralMobile Modular Mgt.
George Bianchi Construc.
Credit Card charges
Saratoga Comm. Access
Edward R. Bacon Co.
Fund Description
Edward R. Bacon Co.
A T & T
County of Santa Clara
Turi, Erin
Musicalme, Inc.
Void Check
VariousI.M.P.A.C. Gov. Svc.
LSA Associates, Inc.Kevin Moran Park
San Jose Water Co.
Manual CheckA T & T Long Dist.
Void Check
Void Check
Void Check - Reissued check #105595 7/25/07
Manual Check
Void Check - See reissue #105669 & 105670
Manual Check
County of Santa Clara General
KSAR
City of San Jose General
On-Line Striping Serv.General/Hwy User's Tax
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund
Pacific Gas & ELectric Gas and Electric Svc.Various
Law Enforcement Services
M.A.K. Assoc. Inc.Beauchamp Install play equipment
Moreland & Assoc.General Temp.Accounting Spv.
Metropolitan Plng Grp.
(continued)
Void Check
Void Check
Reason
Union Pacific Railroad Cox Railroad Crossing Concrete Surface
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report20
217 Sunland Park Landscape 455.39 169.86 625.25
The following is a list of cash reduction by fund:
Fund #AP 7/25 AP 8/01 AP 8/08 AP 8/15 AP 8/22 Total
222 Prides Crossing Landscape 35.08 1,965.02 273.69 2,273.79
224 Village Commercial Landscape 305.40 1586.25 1,891.65
225 Saratoga Legends Landscape 255.00 34.15 289.15
226 Bellgrove Landscape 214.04 4813.74 5,027.78
227 Cunningham/Glasgow Landscape 70.59 175.85 246.44
228 Kerwin Ranch Landscape 169.19 164.5 333.69
229 Tollgate LLD 111.60 168.15 134.58 414.33
231 Horseshoe Landscape/Lighting 8.25 137.18 7.98 153.41
232 Gateway Landscape 25.05 235.52 764.68 1,025.25
233 Carnelian Glen 279.77 279.77
250 Development Services 5,080.90 18,584.98 25,057.50 177.63 1500 50,401.01
260 Environmental Program SRF 29.86 8,124.96 13,551.96 21,706.78
270 CDBG - Federal Grants 2,805.50 2,805.50
290 Recreation 241.34 842.65 1,589.98 2,673.97
291 Teen Services 588.00 588.00
310 Park Dev Cap Proj Fund 771.63 1,800.00 2,571.63
320 -
352 Infrastructure -
400 Library Bond Debt Service -
420 Leonard Road 290.35 290.35
501 Equipment Replacement ISF -
502 Information Technology 11,100.00 11,100.00
503 Facility Improvement 2,458.56 30,075.10 2,208.14 8,041.01 15707.68 58,490.49
504 Facilities 4,188.45 3,874.43 946.69 2,033.66 3229.11 14,272.34
505 Internal Services Fund 16,219.34 5390 21,609.34
506 Office Stores Fund 777.76 1,012.10 605.59 2,395.45
510 Liability/Risk Mgt -
511 Workers' Comp -
604 Planning Deposit Pre 2006 5,511.99 5,511.99
605 Planning Deposit FY 2006 -
701 Traffic Safety -
702 Highway 9 Safety -
703 Hakone ADA Improvements -
706 Sidewalk Annual Project -
707 Aloha Street Safety Improvement 273.53 273.53
716 Highway 9/Oak Pedestrain -
720 KSAR/CATV Agency Fund 30,000.00 30,000.00
727 El Quito Area Curb Replacement 21,819.87 21,819.87
728 Book Go Round Drainage 151.76 151.76
731 Storm Drain Upgrades -
732 Median Landscape/Irrigation -
734 Civic Center Landscape 515.08 515.08
735 Village Lights (Zone 7A)-
736 Village Trees Lighting -
738 Cox Ave Railroad Crossing 51,606.47 51,606.47
Park Dev Capital Project
Fund Description
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report21
The following is a list of cash reduction by fund:
(continued)
Fund #AP 7/25 AP 8/01 AP 8/08 AP 8/15 AP 8/22 Total
741 Blaney Plaza Improvements -
743 Blaney Plaza Improv./Cnstrc -
744 Village Sidewalk, Curb/Gutter -
746 Saratoga-Sunnyvale Gateway 247.36 247.36
748 El Ca Grante/Monta Vista -
755 Warner Hutton House Improv.-
758 Civic Center - CDD Offices -
761 Fire Alarm-McWilliams/Book Go 4,600.00 4,600.00
762 North Campus/19848 Prospect 1,265.00 6,419.38 2,085.36 9,769.74
766 Historical Park Fire Alarm 281.17 281.17
780 Beauchamp Park Fund 11,213.95 11,213.95
790 UPRR/De Anza Trail 14,982.68 14,982.68
791 Kevin Moran 18.40 19,144.40 19,162.80
792 Alternative Soccer Field 5,550.00 1,791.56 7,341.56
793 Parks/Trails Repair 216.50 216.50
111,407.05 127,034.30 572,107.18 104,548.32 486,951.19 1,402,048.04
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the Expenditure Approval List format.
TOTAL
Fund Description
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report22
2
7
2
8
2
9
3
0
3
1
3
2
3
3
3
4
3
5
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
6
1
6
2
6
3
6
4
6
5
6
6
6
7
6
8
6
9
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 4
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Establishment of Council Finance Standing Committee
RECOMMENDED ACTION:
Review report and direct staff accordingly.
REPORT SUMMARY:
Background
The City formerly had a Finance Commission, formed in 1981, to “advise the City Council on
financial matters pertaining to the governing of the City, as well as on the use of fiscal resources
and the development of technology for the City.” The Commission consisted of seven members
who served four year overlapping terms of office. Members were selected by the City Council on
the basis of their knowledge, experience, and qualifications in financial management and related
areas. The Finance Commission performed specific tasks related to financial management and
planning, information technology development, facilities needs, resource utilization, and other
related tasks as assigned by the City Council.”
At its May 18, 2005 meeting, the City Council adopted Resolution 05-032 pertaining to the
structure and operations of City Commissions. In recognition of significant budget cuts
sustained by the City over several years, a corresponding reduction in City staff, and staffing
requirements of City Commissions, the Council, through the above resolution, made a number of
decisions regarding commissions, including changing the meeting frequency of the Finance
Commission from monthly to once/year and as needed, and reduced the number of members
from 7 to 5.
At its May 16, 2007 Retreat, the Council reconstituted the Finance Commission as a Finance
Committee, to review and prepare annual reader-friendly summaries of the City’s fiscal year
budget, and from time-to-time, to perform other related tasks as assigned by the City Council.
The Committee will consist of three members who each serve four year overlapping terms of
office, and will meet on as as-needed basis. Members will be selected by the City Council on the
basis of their knowledge, experience, and qualifications in financial management and related
area. The Council directed staff to await the hiring of a new Administrative Analyst position in
Page 1 of 2
70
Page 2 of 2
the City Manager’s Office before instating the Finance Committee. It is anticipated that the
Finance Committee will be instated by the end of the calendar year.
During subsequent discussions between the City Manager and staff, and preliminary discussions
with Council indicating interest in agendizing the topic, the idea emerged that with the new role
of the Finance Committee, it would be beneficial to have another working group that would
conduct an initial review and oversight of the proposed annual budget and Capital Improvement
Program (CIP) prior to their submittal to the full Council.
Recommendation
It is recommended that the Council form a Council Finance Standing Committee by appointing
two Council members to conduct an initial review and oversight of the proposed annual budget
and CIP prior to their submittal to the full Council. The Committee would meet on an as-needed
basis. The Mayor is currently nominating Vice Mayor Ann Waltonsmith and Council member
Chuck Page to serve in this capacity.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would not have a formal working group established to provide an initial review and oversight of
the proposed annual budget and CIP prior to their submittal to the full Council.
ALTERNATIVE ACTION:
The Council could nominate other members to serve on the Committee, could increase the meeting
frequency of the committee or could identify other organizational and/or procedural parameters for the
Committee.
FOLLOW UP ACTION:
Staff will implement Council direction
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
N/A
71
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: ________5___________
ORIGINATING DEPT: City Attorney CITY MANAGER: _________________
Dave Anderson
PREPARED BY: Richard Taylor DEPT.HEAD: Richard Taylor
SUBJECT: Approval of City Manager Contract
RECOMMENDED ACTION: Approve a contract for City Manager services setting
salary and benefits for 2007-2011.
REPORT SUMMARY:
The City Manager serves at the pleasure of the City Council pursuant to the City Code and a
contract for services. The contract was last updated in 2005. Recently, the City Council
approved four year labor agreements with the Saratoga Management Organization (“SMO”)
and the Saratoga Employees’ Association. The attached agreement is similar to the City
Manager contract approved in 2005 but sets salary and benefit terms for a four year period.
The provisions for salary increases and benefits during that period are comparable to those
included in the SMO agreement except that this agreement includes a higher car allowance
to reflect the increased number of meetings outside the City attended by the City Manager
and an allowance for participation in Saratoga-based civic organizations. The agreement also
provides for payout of accrued annual leave in excess of 160 hours at the rate of 100%.
FISCAL IMPACTS:
The salary and benefit costs for 2007-08 are within the amounts included in this year’s
budget.
FOLLOW UP ACTION(S):
Mayor and City Manager to sign contract.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
72
AMENDED AND RESTATED AGREEMENT
FOR EMPLOYMENT OF CITY MANAGER
This agreement was first made and entered into the 21st day of July 2000 by and
between the CITY OF SARATOGA (the “City”), a general law city, and DAVID
ANDERSON (“ANDERSON”) with an effective date of August 21, 2000 and was
subsequently amended September 20, 2000, September 5, 2001, September 18, 2002,
November 7, 2002, September 3, 2003, September 1, 2004, and September 1, 2005.
This amended and restated agreement (“Agreement”) incorporates all prior
amendments and additional amendments agreed to by Anderson and the City and
shall have an effective date of September 1, 2007 and supersede all prior agreements
between the parties.
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 DAVID 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 from
time to time assign. ANDERSON shall serve at the pleasure of the City
Council.
B. Term of Agreement.
1. The term of this Agreement shall commence August 21, 2000 and
shall continue until terminated by CITY or ANDERSON as
discussed below.
2. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the CITY to terminate this Agreement
without cause at any time, or the right of ANDERSON to resign at
any time from his position. Any such termination or resignation
shall be in accord with Section I.C, below.
C. Termination of Employment.
1. The City Council may terminate this Agreement without
cause upon advance written notice, setting forth the effective
date of ANDERSON’s removal, consistent with Section 2-
1
73
20.080 of the Municipal Code, as it may be amended, from
time to time.
2. In the event of termination pursuant to section I.C.1
ANDERSON shall be entitled to a severance payment equal
to six (6) months salary and shall be entitled to the
continuation of the Health Insurance, Dental Insurance, and
Life and Accidental Death Insurance benefits specified in
sections I.B, I.C, and I.G of Attachment A to this agreement
for a six (6) month period after termination. The severance
payment shall be paid in a lump sum within ten (10) days of
the effective date of termination. The severance payment
shall be based on ANDERSON’s then monthly salary.
Severance benefits shall begin the first of the month
succeeding the effective date of termination. ANDERSON’s
accrued annual leave shall be paid out in accordance with
section II.B of Attachment A to this agreement. Such
severance pay, benefits, and accrued leave payout shall not
be due or payable if ANDERSON is terminated after being
convicted of a felony or a misdemeanor involving moral
turpitude.
3. If a majority of the City Council requests the resignation of
ANDERSON, then ANDERSON may, at his option, deem
himself terminated within the meaning of Section I .C.1.
4. ANDERSON may terminate this Agreement by giving the
CITY thirty (30) days written notice in advance of
termination, at the end of which period this Agreement will
terminate, unless the CITY and ANDERSON otherwise
agree.
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. Such duties
shall include, but not be limited to, the following:
2
74
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;
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.
III. COMPENSATION OF ANDERSON.
A. Salary.
1. ANDERSON’s base salary as of August 31, 2007 is One Hundred
Fifty-Seven Thousand Three Hundred Fifty-Seven Dollars
($157,357) per year. ANDERSON shall receive a three percent
(3%) cost of living increase, effective September 1, 2007. On
September 1, 2008 and each thereafter through September 1, 2010,
ANDERSON’s annual salary for the forthcoming year shall be
adjusted in accordance with the United States Bureau of Labor and
Statistics Average Consumer Price Index for “All Urban
Consumers (CPI-U)” for the months of December to December for
the “San Francisco-Oakland-San Jose” region (“Index”). Provided,
however, that if the Index falls below one percent (1.0%),
ANDERSON member shall nevertheless receive a minimum one
percent (1.0%) cost-of-living adjustment; if the Index increases
above two and one-half (2.5%), ANDERSON shall nevertheless
receive a maximum two and one-half (2.5%) cost-of-living
adjustment. The salary shall be paid in bi-weekly installments.
3
75
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 I.C.1 of this Agreement as of the date of
such reduction.
B. Benefits.
ANDERSON shall be entitled to the benefits set forth in Exhibit A to this
Agreement which exhibit is hereby made a part of this Agreement.
IV. PERFORMANCE EVALUATION
A. The City Council shall review and evaluate the performance of
ANDERSON annually in August. 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. Anderson shall be eligible for a 5% salary increase each
year effective September 1 through August 31, 2011 contingent upon a
satisfactory performance evaluation.
V. MISCELLANEOUS PROVISIONS.
A. Administration. 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.
B. Notices. Any written notice to ANDERSON shall be sent to:
David Anderson
C/o City Hall
13777 Fruitvale Avenue
Saratoga, CA 95070
Any written notice to City shall be sent to:
City Attorney
City of Saratoga
13777 Fruitvale Avenue
4
76
Saratoga, CA 95070
With a copy (which shall not constitute notice) to:
Richard S. Taylor
City Attorney
City of Saratoga
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
C. Conflict of Interest. 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.
D. Assignment Prohibited. No party to this Agreement may assign any right
or obligation pursuant to this Agreement. Any attempted or purported
assignment of any right or obligation pursuant to this Agreement shall be
void and of no effect.
E. Documents. 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.
F. Effect of Waiver. 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.
G. Entire Agreement. The text herein shall constitute the entire Agreement
between the parties.
H. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the heirs at law and executors of the parties.
5
77
6
I. Severability. 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.
J. 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.
K. Governing Law. This Agreement shall be governed by the laws of the
State of California.
L. Interpretation. The parties agree that any ambiguity in this Agreement
shall not be construed or interpreted against, or in favor of, either party.
In witness whereof, the City has caused this amendment 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 September 1, 2007.
DAVID ANDERSON CITY OF SARATOGA
_________________ __________ ___________________ _________
David Anderson Date Aileen Kao Date
M a y o r
ATTEST:
___________________ __________
C a t h l e e n B o y e r D a t e
C i t y C l e r k
APPROVED AS TO FORM:
___________________ ___________
Richard S. Taylor Date
C i t y A t t o r n e y
78
Attachment A
Benefits and Leave Description
Saratoga City Manager
I. Benefits.
A. Benefits Allowance
ANDERSON shall receive a monthly Benefits Allowance which may be taken in
cash and/or used for health and dental insurance coverage and deferred
compensation. The amount of the Benefits Allowance is based upon the
enrollment status of ANDERSON in the PERS Health Program and Delta Dental
Plan, and shall be equivalent to 100% of the premium of the health plan and 100%
of the premium of the dental plan selected by each employee except for the PERS
Care Plan. If ANDERSON enrolls in the PERS Care Plan, the Benefits
Allowance shall be equivalent to 100% of the premium amount of the highest
premium of the remaining health plans available.
If ANDERSON declines to accept coverage in the PERS Health Program,
evidenced by signing a waiver form, ANDERSON shall receive a monthly
Benefits Allowance of $118.75.
If ANDERSON declines to accept coverage in the Delta Dental Plan, evidenced
by signing a waiver form, ANDERSON shall receive a monthly Benefits
Allowance of $25.
If ANDERSON works less than full time the monthly benefits allowance will be
pro-rated in proportion to the number of hours worked or accrued leave hours
paid, unless ANDERSON is on FMLA/CFRA or Industrial Leave.
B. Health Insurance
The City contracts with the California Public Employees Retirement System for
the PERS Health Benefits Program. The types of health plans currently available
to City employees include statewide self-insured, fee-for-service health plans
(PERS Care and PERS Choice), and health maintenance organizations.
ANDERSON may enroll in a PERS plan of his choice; however, some plans
require that an employee live in a specific geographic area.
In addition to the monthly Benefits Allowance, the City will pay the minimum
PERS medical premium of $16 per month on behalf of ANDERSON while he is
enrolled in a PERS health plan.
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C. Dental Insurance
The City contracts with Delta Dental for dental insurance. ANDERSON may
choose between a dental maintenance organization and preferred provider plan.
D. COBRA
Upon separation of employment, ANDERSON will be notified in writing of his
health and dental care continuation rights. The COBRA group continuation
coverage is provided through federal legislation (the Consolidated Omnibus
Budget Reconciliation Act) and allows employees who are enrolled in a group
health plan and/or dental and who separate from employment, for reasons other
than gross misconduct, to continue their group coverage for 18 months (some
employees and/or their family members may be eligible for additional months of
coverage). Election for COBRA coverage must be made within 60 days
following notification of eligibility. COBRA Health is administered by the
individual health plans. The City administers Dental COBRA.
E. Deferred Compensation
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.
In addition, the City will match ANDERSON’s contributions to a deferred
compensation account up to a maximum of $200 per month.
F. Allowances
ANDERSON shall receive a $500 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.
G. Life Insurance
The ANDERSON shall receive life insurance coverage at two times his annual
salary, up to a maximum coverage of $150,000.
H. Disability Coverage
The City provides disability coverage, consisting of Short Term Disability
payments and Long Term Disability insurance, to provide ANDERSON with
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income protection if he becomes totally or partially disabled from a covered
illness, injury, or pregnancy. Short Term Disability payments are available to
ANDERSON only within the first six months from the date of any qualifying
condition. Long Term Disability Insurance is available to ANDERSON
beginning six months after the date of any covered condition subject to the
provisions of the group insurance plan. Coverage under the group insurance plan
continues for all employees until date of separation in which an employee
separates from the City service.
Short Term Disability Payments - The City will pay 75% of ANDERSON’s full
salary and maintain existing insurance benefits, subject to eligibility requirements,
if he is on disability leave, 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 leave is
exhausted, whichever is later.
If ANDERSON is injured on the job and becomes eligible for Industrial Injury
Leave, Short Term Disability payments will commence upon exhaustion of one-
half of accrued leave, and will be coordinated with any Workers Compensation
benefits paid to ANDERSON. In addition, if ANDERSON is on Industrial Injury
Leave he may supplement Workers Compensation/Short Term Disability
payments with his remaining accrued leave to realize up to his full salary.
Short term disability payments are reported to PERS as salary earned.
Long Term Disability Insurance - The City provides Long Term Disability
Insurance through a group policy which covers two-thirds of ANDERSON’s
salary up to $3,000 per month (i.e., a maximum payment of $2,000 per month).
ANDERSON may purchase additional coverage through the group policy,
however availability of additional insurance is subject to the group carrier’s
requirements. In the event he incurs a disability it is incumbent on ANDERSON
file for coverage through the group policy as soon as he believes that he may be
entitled to receive benefits under the policy. Failure to apply for coverage shall in
no way result in the City becoming obligated to make additional payments to
ANDERSON beyond any Short Term Disability payments for which
ANDERSON is eligible.
No disability coverage will be extended to ANDERSON unless he is regularly
seen and treated by a physician. Upon making a claim for disability benefits,
ANDERSON must provide a medical history statement and a physician's
statement of disability. Upon return to work, a doctor's certificate is required
which states either that ANDERSON has recovered fully and is able to perform
regular work, or the limitations under which ANDERSON may return to modified
duty or part-time work. If ANDERSON returns to work on a less than regularly
scheduled basis during the first six months of a covered disability, the City will
supplement ANDERSON’s part-time salary with Short Term Disability payments
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in the amount necessary to provide him with full salary, provided however that
any such Short Term Disability payments do not exceed 75% of ANDERSON’s
regular salary.
Payments made through a group policy are not reported to PERS as salary earned.
I. Section 125 Plan
The City will make available to ANDERSON the option of enrolling in a Section
125 flexible benefits plan (Cafeteria 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. For the
health care portion, these deductions allow ANDERSON to use pre-tax dollars to
pay for eligible out-of-pocket expenses not covered 100% by insurance and not
reimbursable by any other source. For the dependent care portion, ANDERSON
(and his spouse, if married) with children may use pre-tax dollars to pay for
eligible dependent care expenses for with ANDERSON’s children.
Under the plan, ANDERSON also has the option of using pre-tax dollars, through
payroll deductions, to pay for required premium contributions to City insurance
plans.
J. Long Term Care
ANDERSON may purchase long term care insurance through a group benefits
program administered by PERS.
K. PERS
CITY is a contracting agency of the California Public Employees Retirement
System (PERS). Since the inception of ANDERSON’s service to CITY, CITY has
paid and shall continue to pay ANDERSON’s required contribution in addition to
the City’s contribution as a contracting employer. The City through its contract with
PERS provides for retirement benefits including 2% at 55. The parties agree to
discuss in 2009 the financial feasibility of enhancing the City’s retirement
package with PERS (i.e., moving to 2.5% at 55). The discussion will be limited
to (1) PERS financial situation and whether it will become superfunded and,
therefore, require a smaller contribution from the City; and (2) the City’s financial
situation and whether the City can afford to fund all or part of an enhanced
retirement for employees. The parties will schedule a time for the discussion in
2009 within 60 days after the City receives an actuarial valuation from PERS of
the cost of 2.5% at 55 and the discussions will not extend beyond 60 days of that
date.
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II. LEAVE
A. Annual Leave Accrual
ANDERSON will accrue annual leave at the rate of 32 days (256 hours) per year.
Annual leave is to be used for all time off from work except for other forms of
leave set forth below.
B. Leave Payout
End of calendar year. ANDERSON may be paid each January for his accrued
annual leave in excess of 160 hours at the rate of 100%. In all cases, payment for
accrued annual leave shall be at ANDERSON’s regular rate of pay as of
December 31.
Payout at Separation (excluding retirement). Upon separation from City
service, ANDERSON’s accrued annual leave will be paid out at the rate of 100%
at his regular rate of pay in effect upon the date of separation.
Leave Payout at Retirement. Upon retirement from the City, ANDERSON must
use at least half of his accrued annual leave for the purpose of obtaining additional
service credit under PERS. He may choose to use all of his accrued annual leave as
sick leave for service credit. If he chooses to apply less than 100% of his leave
toward PERS service credit, then the remaining accrued annual leave shall be paid
out at 100%
C. Family Leave
The City shall comply with State and Federal Family Leave Laws and afford
ANDERSON all the rights thereof. Family Medical Leave, California Family
Rights Act and Pregnancy Disability leave will run concurrent with all applicable
use of accrued leave and unpaid leave of absences.
D. Disability Leave
If ANDERSON is on disability leave he shall only be entitled to accrue annual
leave within the six month period after the date of injury/illness, and only if he is
using annual leave. Accrual of annual leave shall be at a rate proportional to the
amount of annual leave being used by ANDERSON. Upon exhaustion of all
annual leave, ANDERSON shall no longer accrue annual leave when he is on
either disability leave or industrial injury leave.
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If ANDERSON is on industrial injury leave he shall be entitled to accrue annual
leave at his/her usual rate for six months, then at a rate proportional to the amount
of annual leave he is using.
All use of annual leave is to be scheduled in advance except in the case of illness
or other emergency. On the first day of each absence due to illness, ANDERSON
shall notify the Assistant City Manager within 30 minutes of the beginning of the
workday, and call in each successive day unless prior notice has been given that a
more lengthy absence is expected.
In the event that ANDERSON is absent from work due to illness for more than
five consecutive work days, ANDERSON must file a written statement from a
physician certifying that l) ANDERSON’s condition prevents him from
performing the duties of the position, and 2) ANDERSON is or will be
sufficiently recovered from the illness to allow return to work on a specified date.
In all cases, the cost for the doctor's visit only (not accompanying medical
treatment) as required, not covered by the employee's insurance program, will be
paid by the City.
E. Holidays
The City observes the following paid holidays:
(1) New Year’s Day January 1
(2) Martin Luther King's Birthday 3rd Monday in January
(3) President's Day 3rd Monday in February
(4) Memorial Day Last Monday in May
(5) Independence Day July 4
(6) Labor Day 1st Monday in September
(7) Columbus Day 2nd Monday in October
(8) Veteran's Day November 11
(9) Thanksgiving Day 4th Thursday in November
(10) Day after Thanksgiving Friday after Thanksgiving
(11) Christmas Eve December 24
(12) Christmas Day December 25
(13) New Year's Eve December 31
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 occurs when ANDERSON is using annual leave, the holiday will not be
charged against ANDERSON’s annual leave balance. In order to receive holiday
pay, ANDERSON must be on the payroll on the last regularly scheduled workday
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preceding the holiday and the first regularly scheduled work day following the
holiday with two exceptions.
1. If ANDERSON is on Disability 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 annual leave when the holiday occurs, payment for the
holiday shall be prorated to the amount of annual leave being used in the pay
period in which the holiday 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.
2. If ANDERSON is on Industrial Injury Leave he shall be entitled to receive full
holiday pay within the six month period after the date of injury/illness. After six
months, holiday pay shall be prorated to the amount of annual leave, if any,
being used by ANDERSON.
F. Jury Duty Leave
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.
G. Military Leave
If ANDERSON is in a reserve component of the armed forces of the United States
he is entitled to temporary military leave not to exceed l80 calendar days during
any period of ordered duty for active military training. ANDERSON is entitled to
receive full salary and benefits during the first 30 calendar days of such temporary
military leave, in addition to whatever pay is received from the federal
government for training. Pay for such purposes shall not exceed 30 days in any
one fiscal year.
H. Industrial Injury Leave
This is leave for an on-the-job injury or illness. Beginning on the date of
injury/illness, the City shall pay ANDERSON’s full salary for up to the first three
consecutive workdays of any absence due to any one injury or illness. In the
event that such leave exceeds three consecutive workdays, ANDERSON shall be
entitled to Workers Compensation benefits as prescribed by law. Monies paid
through a third party administrator are not reported to PERS as salary earned. In
addition, ANDERSON may use annual leave to supplement Workers
Compensation benefits up to his full salary. If ANDERSON is on Industrial
Injury Leave he will continue to receive full City paid insurance benefits
(medical, dental, life, and long term disability) for up to 12 months from the date
of injury/illness.
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In the event that ANDERSON suffers an injury or illness on the job, whether or
not medical treatment is necessary, he must advise the Assistant City Manager at
once and fill out an employee claim form. Anderson must also indicate any time
off taken due to an on-the-job injury or illness, or for related follow-up medical
appointments.
Upon return to work from an Industrial Injury Leave, ANDERSON shall provide
a written statement from a doctor to the City Council stating that a specified
number of appointments are necessary for Workers Compensation approved
treatment. This shall occur before the scheduling of treatment begins.
ANDERSON shall be expected to the extent possible to schedule appointments
for follow-up medical treatments so as to minimize the inconvenience to fellow
employees and the impact on his ability to perform his job.
I. Maternity Leave
Anderson may request up to one hundred twenty (120) calendar days leave of for
the purpose of postnatal care. All requests for Maternity Leave must be written
and shall be made to the City Council at least one month prior to the requested
date for the beginning of the absence.
A physician shall verify the pregnancy at the City's request. Anderson may elect
to use annual leave during Maternity Leave. Upon return from Maternity Leave,
ANDERSON will be reinstated to the position held at the time the leave was
granted.
While on Maternity Leave ANDERSON will continue to receive full City paid
insurance benefits (medical, dental, life, and long term disability) for the duration
of Maternity Leave up to 120 days.
J. Administrative Leave
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 general leave.
K. Leave Without Pay
It is not the policy of the City to grant leaves of absence under most
circumstances. In cases of hardship or for other good and sufficient reasons, the
City 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
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9
discontinue paying for insurance benefits on behalf of ANDERSON, although the
employee shall have the option to continue benefits at his/her own cost.
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SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 6
ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell, DEPT HEAD: Dave Anderson
Assistant City Manager
Monica LaBossiere,
Human Resources Manager
__________
SUBJECT: Side Letter of Agreement between the City of Saratoga and the Saratoga Employees
Association (SEA)
__________
RECOMMENDED ACTION(S):
Adopt the resolution approving the Side Letter of Agreement between the City and the Saratoga
Employees Association (SEA).
REPORT SUMMARY:
At its August 1, 2007 meeting, the City Council approved a new Memorandum of Understanding
(MOU) between the City and SEA. In addition, the City Council agreed to consider a Side Letter of
Agreement between the City and SEA, concerning the Grievance Policy contained in the SEA MOU.
The City is currently negotiating a new MOU with the Northern California Carpenters Regional
Council, Carpenters Forty Six Counties Conference Board and Their Affiliated Local Unions (Union).
If the City and Union negotiate a Grievance Policy that is different than the one included in the SEA
MOU, the attached Side Letter of Agreement provides for a reopening of negotiations between the City
and SEA for the purpose of giving SEA an opportunity to review the City’s grievance policy with the
Union and, if it is preferable to SEA’s members, to meet and discuss revising the MOU to include the
new grievance policy language.
FISCAL IMPACTS:
N/A
ALTERNATIVE ACTION(S):
Choose not to accept the Side Letter of Agreement.
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FOLLOW UP ACTION(S):
Staff will execute the Side Letter of Agreement and implement its elements.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Resolution to adopt the Side Letter of Agreement between the City and SEA
Side Letter of Agreement between the City and SEA
89
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING A SIDE LETTER OF AGREEMENT
BETWEEN THE SARATOGA EMPLOYEES ASSOCIATION (SEA)
AND THE CITY OF SARATOGA (CITY)
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to
State law, has met and conferred with the organized representative organization, the Saratoga
Employees Association (SEA), concerning proposals for modifications and changes to salaries,
benefits and other matters; and
WHEREAS, the representatives of the City and SEA have reached an understanding
regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007,
through September 30, 2011, for employees represented by SEA; and
WHEREAS, the members of SEA have ratified the MOU and the City Council approved
the MOU on August 1, 2007; and
WHEREAS, representatives of the City and the Northern California Carpenters Regional
Council, Carpenters Forty Six Counties Conference Board and Their Affiliated Local Unions
(UNION) are currently in negotiations for a new MOU; and
WHEREAS, the representatives of the City and SEA have agreed to enter into a Side
Letter of Agreement to the SEA MOU providing for a reopener only on the Grievance Policy
contained in the MOU, should the City approve a different Grievance Policy in its MOU with the
UNION than is included in the SEA MOU.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the Side Letter of
Agreement, dated the 5th of September, 2007, is hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the City
Council of Saratoga held on the 5th of September 2007, by the following vote:
AYES:
NOES:
ABSENT:
Aileen Kao, MAYOR
ATTEST:
Cathleen Boyer, CITY CLERK
90
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 7
ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell, DEPT HEAD: Dave Anderson
Assistant City Manager
Monica LaBossiere,
Human Resources Manager
__________
SUBJECT: Memorandum of Understanding with the Northern California Carpenters Regional
Council, Carpenters Forty Six Northern California Counties Conference Board and
Their Affiliated Locals (Union)
__________
RECOMMENDED ACTION(S):
Adopt the resolution approving the Memorandum of Understanding (MOU) between the City and the
Northern California Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board and Their Affiliated Locals (Union) for the period July 1, 2007 through September
30, 2011, and authorize the City Manager to execute the MOU.
REPORT SUMMARY:
The Assistant City Manager and Human Resources Manager negotiated on behalf of the City with the
Union. Through a series of meetings and with direction from the City Council, the City and Union
have agreed to the following significant MOU changes:
Term:
This four year agreement pertains to the period July 1, 2007 through September 30, 2011. In
the past, agreements have ended on June 30th. This necessitates entering into negotiations
during the April to August timeframe, which also coincides with budget preparation, employee
evaluations and other pre-summer recess priorities. In light of these considerations, both
parties felt a September end date would be preferable in order to expedite agreement.
Compensation Adjustments:
In FY 2007/08, each represented employee will receive a three percent (3%) cost of living
increase, retroactive to July 1, 2007. In subsequent years of the agreement, the cost of living
increase will be no less than one percent (1%) nor more than two and one half percent (2.5%),
payable on July 1st of each year.
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The City has agreed to transition from a “Pay for Performance” System to a “Step System”.
Under the Step System, each City classification will have a salary range with a twenty-five
percent (25%) distribution between the lowest and highest salaries in the range. This 25%
distribution is composed of five – five percent “steps”. On an annual basis, if an employee
receives, at minimum, a cumulative score of three (3) on their performance evaluation, they are
eligible to advance one step in their salary range, until they reach the top of their salary range,
at which point they no longer receive annual salary increases. In FY 2007/08 salary increases
will be implemented effective July 1, 2007.
Performance Incentive Compensation (received after an employee remains at the top of his/her
salary range for 5 consecutive years and then again at 10 years) will remain at five percent
(5%). In order to receive Performance Incentive Compensation, an employee must receive, at
minimum, a cumulative score of three (3) on that year’s performance evaluation.
Other Provisions:
A scheduled re-opener in 2009 has been included in the MOU in order to evaluate the
economic feasibility of funding a revision in the employee retirement benefit based upon an
analysis of CalPERS rates and the City’s revenue and expenditure forecasts.
The current 9/80 schedule will continue through September 30, 2011.
The Union has agreed to ratify the City’s proposed Grievance Policy.
The Union has also agreed to ratify the City’s proposed Alcohol and Drug Use Policy with the
proviso that if the employee requests an evidentiary appeal to the City Manager, the evidentiary
appeal will be conducted by a neutral, third party arbitrator who will make a nonbinding
recommendation to the City Manager with respect to discipline.
The Union has also agreed that matters regarding discipline remain with the City Manager,
unless the City fails to follow its adopted Discipline Policy, in which case the Union may
pursue filing a grievance through the Arbitration and Grievance Procedure included in the
MOU.
The Union has requested the inclusion in the MOU of some additional policies that are
included in the City’s Personnel Rules and Policies, together with the State of California
Government Code Section pertaining to collective bargaining. This accounts for the larger
number of pages in the MOU with the Union than were included in the MOU’s with either the
Saratoga Employees Association or the Saratoga Management Association. The inclusion of
these policies and Government Code section are for clarification only and do not impose
additional obligations on the City.
FISCAL IMPACTS:
A three percent (3%) cost of living increase for Union members will have an approximate fiscal impact
of $30,600. The fiscal impact of the five percent (5%) salary increase for eligible Union employees
will be calculated based upon current salary level. The cost of living and salary increases will not
exceed the amount budgeted and approved in the 2007/08 budget.
ALTERNATIVE ACTION(S):
Choose not to accept the agreement and direct City staff to continue negotiations with new direction.
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FOLLOW UP ACTION(S):
Staff will execute the memorandum of understanding and implement its elements.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Resolution to adopt the Memorandum of Understanding between the City and Union
Copy of Memorandum of Understanding between the City and Union for the period July 1,
2007 through September 30, 2011
93
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
REVISING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL,
CARPENTERS FORTY SIX NORTHERN CALIFORNIA COUNTIES CONFERENCE
BOARD AND THEIR AFFILIATED LOCALS (UNION)
INTO A MEMORANDUM OF UNDERSTANDING WITH A TERM OF
JULY 1, 2007 THROUGH SEPTEMBER 30, 2011
WHEREAS, the City of Saratoga, through its designated representatives and pursuant to
State law, has met and conferred with the organized representative organization, the Northern
California Carpenters Regional Council, Carpenters Forty Six Northern California Counties
Conference Board and Their Affiliated Locals (Union), concerning proposals for modifications
and changes to salaries, benefits and other matters; and
WHEREAS, the representatives of the City and Union have reached an understanding
regarding changes in salaries, benefits and other matters for the period beginning July 1, 2007,
through September 30, 2011, for employees represented by Union; and
WHEREAS, this resolution replaces various Resolutions of the City of Saratoga. This
resolution is an expression of existing policy of the City of Saratoga and is subject to
modification and change by the City Council from time to time. Nothing herein contained shall
be construed as creating or establishing any of the provisions hereof as terms of any contract of
employment extending beyond a period other than such period as during the resolution is in full
force and effect. That is to say, that any employee of the City of Saratoga during the effective
period of the resolution shall have such employment rights and duties as set forth herein only
during such period of time as this resolution remains in effect, and not afterward.
NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the
Memorandum of Understanding, dated the 1st of July, 2007, is hereby approved.
The above and foregoing resolution was passed and adopted at a regular meeting of the City
Council of Saratoga held on the 5th of September, 2007, by the following vote:
AYES:
NOES:
ABSENT:
Aileen Kao, MAYOR
ATTEST:
Cathleen Boyer, CITY CLERK
94
AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
CITY OF SARATOGA
MEMORANDUM OF UNDERSTANDING FOR
WAGES, EMPLOYEE BENEFITS
AND CONDITIONS OF EMPLOYMENT
I. INTRODUCTION
This Memorandum of Understanding (MOU), or “AGREEMENT”, dated September 5, 2007, is
between the City of Saratoga through its designated representatives, hereinafter referred to as
"CITY" and the Northern California Carpenters Regional Council, Carpenters Forty Six
Counties Conference Board and Their Affiliated Local Unions, hereinafter referred to as
“UNION."
This MOU complies with the provisions of the Meyers-Milias-Brown Act, as contained in
Section 3500, et seq., of the Government Code of the State of California in that the employer-
employee representatives noted herein did meet in good faith and did reach an understanding on
those matters within the scope of representation.
This MOU also complies with Resolution No. 509-2 relating to employer-employee relations,
and Resolution No. 489-2, establishing the procedure for meeting and conferring with
recognized employee organizations.
II. GENERAL CONDITIONS
A. Total Agreement - This Agreement sets forth the full and entire understanding of the parties
for the period beginning July 1, 2007, and continuing through September 30, 2011. This
Agreement shall remain in effect until a new Agreement is signed by both parties. This
Agreement supersedes any prior understandings, representations, agreements or promises of
any kind, whether written, oral, express, or implied between the parties (including all prior
Memoranda of Understanding) with respect to the subject matter of the Agreement. No
verbal statement or other amendments, except an amendment mutually agreed upon between
the parties and in writing attached to this Agreement designated as an amendment to this
Agreement, shall supersede or vary the provisions in this Agreement. If any provision of
this Agreement is adjudged to be void or unenforceable, the remainder of the Agreement
shall nevertheless remain in effect.
Except as specifically provided in this Agreement, it is agreed and understood that the
UNION waives its right, and agrees that the CITY shall not be required, to negotiate with
respect to any subject or matter covered in this Agreement or with respect to any other
matters within the scope of negotiations, during the term of this Agreement.
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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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
B. City Council Approval - City Council approval of the terms of this MOU is incorporated in
Resolution No.______________ adopted on September 5, 2007.
C. Validity of Memorandum - Should any article, section, or portion of this Agreement be held
unlawful and unenforceable by any court of competent jurisdiction, the court's decision shall
only apply to the specific article, section, or portion of this Agreement directly specified in
the decision, and the remainder of this Agreement shall not be affected by the decision.
D. CITY Rights - The CITY reserves, retains, and is vested with any management rights not
expressly granted to the UNION by this Agreement. These CITY rights include but are not
limited to the right to:
1. Determine and modify the organization of CITY government and its constituent work
units;
2. Determine the nature, standard, levels, and mode of delivery of CITY services;
3. Determine the methods, means, number, and kind of personnel by which CITY services
are provided;
4. Determine the procedures and standards for selection for employment and promotions;
5. Establish employee performance standards including, but not limited to, quality
standards, and to require compliance with those standards;
6. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline workers in accordance with applicable laws, the Personnel
Ordinance and the Personnel Rules and 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. The MMBA is
attached to this agreement for reference and its terms incorporated by reference herein.
See Exhibit B for the MMBA.
III. SALARY ADMINISTRATION
A. Salary Ranges - Salary data for each position represented by UNION is periodically
collected from the following list of comparable cities:
Los Altos Menlo Park
San Carlos Cupertino
Los Gatos Morgan Hill
Campbell
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
The CITY will be adjusting the salary ranges administratively effective July 1, 2008 as a
result of the fiscal year 2007-08 compensation study and administratively every two years
thereafter according to salary survey compensation data, ensuring that the CITY pays the
average of its comparable cities.
The CITY classifies all miscellaneous positions according to duties and responsibilities, and
a salary range is established for each job classification.
Adjustments to Salary Range as the result of a Salary Survey and Anniversary Date -
Any salary range adjustments for a classification implemented by the CITY will not
establish a new salary anniversary date for employees serving in that classification.
Adjustments to Salary Range as the result of a Salary Survey and Retention of Step -
Whenever the schedule of compensation for a classification is revised, each incumbent in
a position to which the revised schedule applies shall be paid at the same step in the
revised range as the step at which the employee was paid in the previous range.
See Exhibit A for fiscal year 2007-08 range table.
B. 5-Step Salary Plan and Cost of Living Adjustment - For fiscal year 2007-08, salary increases
will be retroactive to July 1, 2007.
Cost of Living Adjustment - For fiscal year 2007-08, each UNION member shall receive a
cost-of-living adjustment of three percent (3%), retroactive to July 1, 2007. For each
subsequent year of this MOU, each UNION member shall receive an annual cost-of-
living adjustment of no less than one percent (1.0%) and no greater than two and one-half
percent (2.5%). If the United States Bureau of Labor and Statistics Average Consumer
Price Index for “All Urban Consumers (CPI-U)” for the months of December to
December for the “San Francisco-Oakland-San Jose” region falls below one percent
(1.0%), each UNION member shall nevertheless receive a minimum one percent (1.0%)
cost-of-living adjustment; if the above Index increases above two and one-half (2.5%),
each UNION member shall nevertheless receive a maximum two and one-half (2.5%)
cost-of-living adjustment.
Base Salary – Employees occupying a position in a classification covered by this MOU
shall be paid a base salary within the range established for that position’s classification.
Placement Within Range –The CITY will determine salary placement consistent with the
Personnel Rules and Policies.
Progression Within Range – Salary advancement within an established salary range is
customarily considered at one (1) year intervals. Each employee who is employed after July
1, 2006 will be eligible to receive a salary increase to the next higher step within the range
of their assigned classification upon the individual employee’s original employment
anniversary date (established anniversary date).
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
Each employee who was hired on or prior to July 1, 2006 will be eligible to receive a salary
increase to the next higher step within the range of their assigned classification upon July 1
of each year, (as a result of the CITY moving from a broad range pay-for-performance
system to a step system effective July 1, 2007). July 1 of each year will be the established
anniversary date for each employee who was hired on or prior to July 1, 2006.
Eligibility for Progression within Range - All regular employees will be evaluated on an
annual basis and will be eligible to advance in their salary range based on annual
performance evaluation results.
No increase in salary shall be automatic solely upon completion of a specified period of
service. All increases shall be contingent upon a satisfactory annual evaluation of the
employee’s performance, and shall require recommendation of the Department Head. In the
case that an employee receives a cumulative rating of less than three (3) points on the annual
performance evaluation, indicating a cumulative rating less than “meets expectations”, the
employee will not receive a salary increase other than an approved and budgeted cost-of-
living increase. An employee who is denied an increase in salary may discuss such denial
with his/her Department head and the City Manager (or his/her designee). The decision of
the City Manager (or his/her designee) shall be final.
An employee who has received a cumulative rating of three (3) points or greater during the
annual employee performance evaluation will be eligible to receive a salary increase of five
percent (5%) (1 step) above their existing salary as of the employee’s established
anniversary date, until such time as the employee reaches the top of his/her salary range, at
which time the employee shall not advance beyond the top of the established range, except
as provided for in Article III. SALARY ADMINISTRATION, Section D. Performance
Incentive Compensation.
Promotion - Promotion is the movement of an employee from one classification to another
classification having a higher salary range. At the time an employee is promoted, his or her
salary shall be adjusted as follows:
If the first step in the salary range for the employee’s new position is at least five percent
(5%) greater than the employee’s current salary range, the employee shall be moved to the
first step of the new salary range.
If the first step in the salary range for the employee’s new position is less than five percent
(5%) greater than the employee’s current salary range, the employee shall be moved to the
step which would provide, at minimum, a five percent (5%) increase in salary.
If no step in the salary range for the new position would provide the employee with at least a
five percent (5%) salary adjustment, the employee shall be moved to the top step of the new
salary range.
NOTE: If an employee is promoted on their anniversary date, the employee shall first
receive a salary increase to the next higher step within their existing salary range, followed
by a promotional salary adjustment as described in this section.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
All promotional appointments shall be subject to a probationary period of one year. During
probation a supervisor may evaluate an employee every three months. At six months, a
written evaluation will be prepared. Upon completion of the twelve-month probationary
period, a second written evaluation will be prepared. At the completion of a successful
probationary period, the employee shall be granted regular employment status and may
advance in his/her salary range as part of the citywide annual evaluation process.
If it is determined through employee performance evaluation that an employee subject to a
promotional appointment does not pass probation, the probationary employee shall be
reinstated to the position from which he or she was promoted provided that position is
vacant and funded. If no vacancy exists, the employee may ask to be placed on a re-
employment list.
C. Working Out of Classification - Employees represented by UNION who are assigned by a
Department Head or the City Manager for more than fifteen (15) consecutive working days
in a calendar year to perform the essential functions of a position with a higher salary range
than they are regularly assigned shall receive increased compensation of at least five percent
(5%) higher than their regular compensation. Out of Classification assignments are
temporary and shall continue as authorized by a Department Head or City Manager, but not
exceed one year. Upon completion of an out of classification assignment, an employee will
return to his/her regular job classification, salary range, and step.
D. Performance Incentive Compensation - Employees represented by UNION who have
remained at the top step of the same salary range for five (5) years may be eligible for an
additional step increase of five percent (5%) following receipt of a cumulative rating of
three (3) points or greater during the annual employee performance evaluation. Five (5)
years after meeting the criteria for the initial performance incentive compensation described
above, a qualified employee -- that is an employee who has remained at five percent (5%)
above the top step of his/her same salary range -- may be eligible for an additional salary
increase of five percent (5%) following receipt of a cumulative rating of three (3) points or
greater during the annual employee performance evaluation.
E. Annual Performance Review (APR) Process - The CITY administers an Annual
Performance Review (APR) Process. The APR includes a Self Evaluation prepared by the
employee and a Performance Evaluation prepared by the employee’s supervisor/manager.
Ratings on the Performance Evaluation are tied to the following numerical scores:
Score Rating Description
1 Unsatisfactory
2 Below Expectations
3 Meets Expectations
4 Exceeds Expectations
5 Outstanding
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
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.
IV. PROBATIONARY EMPLOYEE AND REGULAR EMPLOYEE
Probationary Employee - An employee who is serving a probationary period. The
probationary period is part of the selection process. Unless otherwise authorized by the City
Manager, probation is a twelve (12) month trial period during which a determination is made
as to whether or not an employee is suitable for their position. A new employee serves “at
will” and can be dismissed with or without cause by the CITY for any legal reason during the
probationary period.
Separation Without Cause - At any time during the probationary period, the employment
relationship may be terminated without cause and without right of appeal, grievance or
hearing. The City Manager or designee must approve the termination. The probationary
employee shall be notified prior to the expiration of the probationary period that he or she has
been rejected for regular appointment.
Regular Appointment Requires Passing Probationary Performance Review - An employee
will receive a regular appointment only when he/she receives a “meets expectations” or
above rating on his/her written probationary performance review, resulting in the passing of
the probationary period. If the employee does not meet the expectations for the probationary
period, he/she will be rejected for regular appointment.
Regular Employee - An employee who: (1) is regularly scheduled to work on a continuing
basis, and (2) has completed the probationary period for the position he or she holds, and (3)
holds a budgeted position.
V. LAYOFF
A. Policy - It is the CITY’s intent to avoid employee layoffs whenever possible. When,
however, in the CITY’s judgment it is necessary to abolish a position of employment,
the employee holding the position may be laid off or demoted without disciplinary
action and without the right of appeal. When feasible and practicable, the CITY will
meet with employees of the affected classification in order to determine whether or not a
voluntary reduction in hours or other solution may be presented in order to avoid the
pending layoff.
B. Notice - Whenever possible, an employee subject to layoff will be given at least 14
calendar days’ notice prior to the effective date of the layoff. Layoff notification will be
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
provided in the form of a “Notice of Layoff.” At the time of notice, the employee will
also be notified of any displacement rights or rights to reemployment, as described
below.
C. Order of Layoff - Employees shall be laid off in the following order: (1) temporary
employees, (2) part-time employees, (3) probationary employees, (4) regular
employees. All employees shall be laid off in the inverse order of their seniority within
their classification. Seniority is determined by length of service. “Length of service”
means employment without interruption, including all days of attendance at work and
authorized leaves of absence. Length of service does not include unauthorized
absences or periods of suspension or layoff.
In cases where two or more employees in the classification have the same seniority
determination, the following procedure will be used: Employees shall be laid off on the
basis of the last evaluation rating in the classification, provided that such information
has been on file at least 30 days and no more than 12 months prior to lay off. In such a
case, employees shall be laid off in the following order: (1) employees with an
“unsatisfactory” or “below expectations” or similar performance numerical rating, (2)
employees having a “meets expectations” or similar performance numerical rating, (3)
employees with an “exceeds expectations" or outstanding” or similar performance
numerical rating.
D. Demotion - Upon request of the employee and with approval of the appointing authority,
an employee subject to layoff who has not held status in a lower classification may be
allowed to demote to a vacant, authorized position in the same department if he/she
meets all the requirements of the lower position as determined by the appointing
authority. All employees who are demoted under this paragraph will be paid at the rate
of pay for the lower position.
E. Transfer - The appointing authority may transfer an employee subject to layoff to a
vacant, authorized position if the employee is qualified and capable of performing the
essential functions of the position as determined by the appointing authority. An
employee who is transferred will be paid at the rate of the position to which he or she is
transferred. Any employee who does not accept a transfer within 5 working days after a
Notice of Transfer is given will have automatically forfeited the ability to transfer. If the
transfer involves a change from one department to another, both department directors
must consent unless the City Manager orders the transfer for purposes of economy or
efficiency.
F. Re-employment - Regular employees who have received a satisfactory or better
evaluation for the 12 months prior to lay off and have completed their probationary
period at the time of the lay off, shall be automatically placed on a re-employment list
for one year for the classification from which they were laid off. This list will be used
when a vacancy arises in the same or a lower class of position. Re-employment shall be
based on seniority should more than one person in the same classification be laid off
from the same department. Employees who are offered and refuse re-employment will
be removed from the re-employment list. Employees re-employed in a lower class, or
on a temporary basis, will continue to remain on the list for the higher position for one
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
year.
G. Insurance Benefits Upon Layoff - The CITY will extend medical insurance benefits for
two months to an employee who has been laid off. During this two-month period, the
CITY will continue to pay the previously established contribution for the employee's
medical insurance premium.
H. Paid Time Off (PTO) - Upon separation from the CITY service, the CITY agrees to pay
100% of the employee’s accrued PTO at the employee’s regular rate of pay at the time of
separation.
VI. WORKING CONDITIONS
The CITY will continue to operate on a 9/80 work schedule to be determined by the City
Manager and Directors where a full-time work week constitutes forty (40) hours within seven
consecutive 24 hour days, also defined as one hundred sixty-eight (168) hours. Employees on
a 9/80 schedule are scheduled to work 8 nine hour days, 1 eight hour day, and have one day off
every two weeks. An employee’s workweek begins in the middle of the employee’s 8 hour
day and the employee’s day off is on the same day of the week in the following week. For
example, the standard 9/80 work schedule for most UNION members is as follows:
Sunday yMonda yTuesda yWednesda dayThurs dayFri daySatur
4
nd) (e
f
9
9
9
9 4
art)
off of
(st
off
nd) (e
f
9
9
9
9 off
art)
off of
(st
4
nd) (e
f
9
9
9
9 4
art)
off of
(st
off
nd) (e
f
9
9
9
9 off
art)
off of
(st
The City Manager and Directors have discretion to require some employees to work a schedule
different from the standard 9/80 schedule including a schedule that is not 9/80. Fridays when
the CITY is not open for business are referenced as “off-Fridays.”
The work period (pay period) is the period encompassing two consecutive workweeks.
A holiday furlough will exist whereby the CITY operations are closed from December 24
through January 1 of every year. Employees shall utilize their available balances (annual
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leave, compensatory time), if applicable. Employees that utilize unpaid leave due to
insufficient leave balance shall maintain regular benefit status.
VII. OVERTIME
FAIR LABOR STANDARDS ACT AND OVERTIME
Those employees eligible through the Fair Labor Standards Act for overtime shall receive it in the
following way:
1) Overtime for all eligible UNION members shall be defined as any time worked beyond
the standard workday or beyond the standard work week as described above. The 9/80
work schedule may not be used in any application that requires entitlement to FLSA
overtime as the CITY and UNION agree to the 9/80 work schedule;
2) Overtime compensation shall be computed at one-and-a-half times the employee’s
regular rate of pay for hours worked in excess of 9 hours in one day or for time worked
over 40 hours in one workweek and two times the employee’s regular rate of pay for
hours worked in excess of 13 hours in one day or 60 hours in one work week;
3) CITY agrees to include paid leave time taken as time worked for purposes of calculating
eligibility for overtime pay for all regular non-exempt positions in the CITY service;
4) All overtime is to be approved in advance and in writing by the Department head and
accepted in writing by the employee. This written confirmation is to be turned in with
the employee’s time sheet for each pay period.
COMPENSATORY TIME OFF IN-LIEU OF OVERTIME
Supervisor Approval Required Before Work - An employee may opt to accrue compensatory
time-off ("CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees
prior to overtime work being performed. Employees must use CTO within 180 days of
accrual unless otherwise approved by a Department head.
Accrual Rate - CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of
actual work in the employee’s work week.
Employee Requests to Use CTO - The CITY will grant an employee’s request to use
accumulated CTO provided that: (1) the department can accommodate the use of CTO on the
day requested without undue disruption; and (2) the employee makes the request no later than
five days prior to the date requested. If the employee does not provide five days’ notice, or if
the department cannot accommodate the time off, the CITY will provide the employee the
opportunity to cash out the CTO requested at the end of the current pay period.
CITY Cash Out - The CITY reserves the right to cash out accumulated CTO at any time.
Employee Cash Out - During employment, CTO is cashed out at the employee’s current
FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees
separating from CITY service shall be compensated for all accrued, unused compensatory
hours at the current FLSA regular rate of pay, or the average regular rate for the prior three
years, whichever is higher.
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VIII. CALL OUT PAY
Non-exempt employees who are called out to perform work of an emergency nature after the
regularly scheduled workday, are compensated at their regular rate of pay for a minimum
three hours for each occurrence at one and one-half times (1.5) 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 callout while
responding to the first does not restart the clock.
IX. STANDBY PAY
Non-exempt employees and Maintenance Supervisors may be assigned to standby duty as
determined by the City Manager or Department Head. Anticipated events or seasons that
would trigger standby duty include storms/storm season or the period of holiday work
furlough. Employees assigned to standby duty must report for duty within one hour of
notification and be able to perform the duties as assigned. Employees assigned to standby
duty will be issued a CITY cell phone and must respond with a telephone call. Employees
are compensated $ 37.50 for each weeknight, defined as from the end of the work day’s shift
to the beginning of the next day’s shift, and $75.00/day for each weekend, defined as the end
of the workday Thursday or Friday to the beginning of the next workday (off-Friday,
Saturday, Sunday), or holiday assigned to standby status.
X. MEAL REIMBURSEMENT
The CITY will provide a meal or reimburse the cost of a meal up to $10.00 for each employee
who is required to work extended overtime or who is required to work on extended emergency
call out. Meal reimbursement is available if the employee works in excess of ten (10)
consecutive hours during a scheduled workday or if the employee works in excess of four (4)
hours during an emergency call out. Two meals will be provided if work is required in excess
of eight (8) hours during an emergency call out.
XI. PRODUCTIVITY/GOALS
Employees and Management agree to cooperate and assist in improving productivity through
assistance in developing:
A. A more positive work environment.
B. Innovative techniques for improving operational activities.
C. Increased accuracy.
D. Methods to maximize time usage.
E. More effective communication with the public and other departments.
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XII. EMPLOYEE BENEFITS
The CITY currently offers the benefits listed below. For a detailed description of these
benefits, employees should refer to the brochures distributed by the individual plan providers.
Discretionary Benefits - All regular CITY employees who are scheduled to work at least 40
hours per week are eligible for the following benefits. The CITY’s contribution for regular
part-time employees and full-time employees working less than 40 hours per week will be
prorated in proportion to the number of hours worked or accrued leave hours paid.
A. Health and Dental Premium Contributions and In-Lieu Payments - The CITY contributes
100% of the medical premium for regular, full-time employees who elect either the Kaiser,
Blue Shield, or PERS Choice plans. Each plan includes eligibility for employee only,
employee & 1 dependent, and employee & 2+ dependents. For employees who elect to
enroll in the PERS Care Plan, the CITY will contribute the amount equal to the Kaiser, Blue
Shield, or PERS Choice plan premium, whichever is greater, depending on the plan choice
(i.e. employee only, employee & 1 dependent, or employee & 2+ dependents).
The CITY contributes 100% of the dental premium for regular, full-time employees.
Any employee who declines to accept coverage in the PERS Health Program, evidenced by
signing a waiver form, shall receive a monthly Benefits Allowance of $118.75.
Any employee who declines to accept coverage in the Delta Dental Plan, evidenced by
signing a waiver form, shall receive a monthly Benefits Allowance of $25.00.
The monthly Benefits Allowance for regular part-time employees and full time employees
working less than full time will be pro-rated in proportion to the number of hours worked or
accrued leave hours paid.
B. Health Insurance - The CITY contracts with the California Public Employees Retirement
System for the PERS health benefits program which includes Kaiser and Blue Shield
Health Management Organizations and preferred provider basic health plans, PERS
Choice and PERS Care.
Employees may enroll in the plan of their choice; however, some plans require that an
employee live within a specific geographic area.
The effective date of health coverage is the first day of the month following the
employee’s date of hire.
The health premium is a percentage of the premium paid by the employee. Effective July
1, 2006, the CITY pays 100% of the premium, unless otherwise negotiated by individual
bargaining units. Health in-lieu payments are made to employees who do not elect health
insurance. For employees who elect to enroll in the PERS Care plan, the CITY will
contribute the amount equal to the Kaiser, Blue Shield, or PERS Choice plan premium,
whichever is greater, dependent on the plan choice (i.e. employee only, employee &1
dependent, or employee & 2+ dependents).
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
If an employee and spouse are both CITY employees, only one employee is allowed to
carry health coverage. One employee may choose to enroll in family coverage and the
other employee must waive their health plan coverage and be enrolled as a dependent.
The health in-lieu payment is not an option for married couples or domestic partners
(pursuant to Family Code sections 297, et seq.) employed with the CITY.
C. Dental Insurance - The CITY contracts with Delta Dental, a preferred provider plan, and
Delta Care, a management organization plan. The dental premiums are 100% paid by the
CITY. Dental in-lieu payments are made to employees who do not elect dental insurance
coverage.
The effective date of dental coverage is the first day of the month following the
employee’s date of hire.
The dental in-lieu payment is not an option for married couples or domestic partners
employed with the CITY.
D. Deferred Compensation (457 Plan) - The CITY provides employees the opportunity to
contribute toward an IRS Section 457 deferred compensation plan. Employees may
contribute an amount up to a federally mandated maximum per calendar year on a pre-tax
basis.
E. Retirement Plan - The CITY is a contracting agency of the California Public Employees
Retirement System (PERS). Regular employees become members immediately upon
employment and become vested after five (5) years of service. The CITY pays the
employee’s required contribution (7% of employee’s compensation) in addition to the
CITY’s contribution as a contracting employer. The CITY, through its contract with
PERS, provides for retirement benefits including 2% at 55 (effective September 1, 1999),
one year final compensation, service credit at retirement for unused annual leave, 1959
survivor benefits (Level 3) if death occurs prior to retirement and after retirement,
continuance of benefits to employee’s survivor. This information is outlined in detail in
the booklet “PERS Benefits for Local Miscellaneous Members”. In addition, employees
may be eligible to purchase additional years of service credit under specific
circumstances listed under the CITY’s PERS contract. On an annual basis, the CITY will
provide UNION members a list of benefits included in the PERS contract.
Employees represented by UNION participate in a “Retired Employees Medical Expense
Reimbursement Program” funded through a monthly deduction from each employee’s
paycheck in an amount equal to five percent (5%) of the employee’s health insurance
premium. Through the program, the CITY, from the proceeds of the employees’ payroll
deductions, reimburses medical expenses of retired employees represented by UNION, with
at least twenty years of service to the CITY, a maximum $200.00 monthly until the retired
employee is eligible for Medi-Care. Employees must comply with CITY procedures and
submit proof of expenses to receive reimbursement. If an employee has not worked full-
time for at least ten of the twenty years of service, the $200.00 maximum medical
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
reimbursement will be pro-rated based on the employee’s full time equivalency in the last
ten years of service.
F. Short Term Disability Insurance - The CITY will pay 75% of an employee’s full salary
and maintain existing insurance benefits, subject to eligibility requirements, for an
employee on a disability leave, for six months from the date of the qualifying injury or
illness. Short term disability payments will commence only after 12 continuous working
days during which the employee is totally disabled, or when all accrued paid time off is
exhausted, whichever is later. Short term disability payments are reported to PERS as
salary earned. An employee on disability leave is entitled to accrue paid time off within
the six (6) month period after the date of injury or illness and the accrual of paid time off
shall be prorated based on the number of hours of paid time off that is being utilized by
the employee. Upon exhaustion of all PTO, an employee on short term disability leave
shall no longer accrue paid time off. In other words, while an employee is receiving the
short-term disability payment of 75% of an employee’s full salary, the employee will not
accrue paid time off.
G. Long Term Disability Insurance - The CITY provides a long term disability plan to provide
an employee with income protection. The CITY will pay 75% of an employee’s full salary
and maintain existing employee benefits for the first six (6) months. Following the six (6)
months, the group insurance policy will cover 66% of the employee’s salary up to a
maximum of $2,000 per month. If the disability is job related, the CITY will maintain
existing employee benefits for twelve (12) months. Benefits will be reduced for income
received through social security, workers’ compensation and/or California State Disability
Insurance (SDI). Payments made to the disabled employee through this group policy are not
reported to PERS as salary earned.
Employees whose salaries exceed $3,000 monthly are eligible to purchase additional long
term disability insurance; however, availability of the plan is subject to the carrier’s
minimum requirement of ten (10) enrollees.
H. Life Insurance and Accidental Death Insurance - The CITY provides for $50,000 of life
and accidental death and dismemberment insurance for all non-management and $100,000
of life and accidental death and dismemberment insurance for mid-management employees.
UNION members designated mid-management include: Street Maintenance Supervisor and
Park Maintenance Supervisor. Coverage shall begin on the first day of the month following
date of hire and ends on the date of separation. Employees may purchase additional life
insurance for themselves and/or their dependents; however, availability of additional
insurance is subject to the group carrier's requirements.
I. Employee Assistance Program - Counseling services are available to employees and their
immediate family. Programs include personal financial management, stress management;
marital and related domestic issues, drug or alcohol dependency, and other personal and
work related issues.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
J. Flexible Medical Spending Plan - Under Section 125 of the Internal Revenue Code, the
employee may divert, on a pre-tax basis, up to a federally prescribed maximum of salary
per year into a Medical Flexible Spending Account for eligible out-of-pocket medical and
dental expenses.
K. Dependent Care Spending Plan - Under Section 125 of the Internal Revenue Code, the
employee may divert, on a pre-tax basis, up to a federally prescribed maximum of salary
per year into a Dependent Care Flexible Spending Account for eligible out-of-pocket
dependent care expenses.
L. Long Term Care - Employees may purchase long term care insurance through a group
benefits program administered by PERS.
Legislated Benefits - The following benefits are mandated by law and apply to all CITY
employees:
A. Workers’ Compensation - This insurance, paid by the CITY, assists employees in the
event they become injured on the job or become ill due to their job.
B. Unemployment Insurance Compensation - The State Unemployment Insurance program,
which is paid by the CITY, provides an income to employees who become unemployed
through no fault of their own.
C. Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) - A federal health
insurance law that requires employers to offer employees and their family members
continued participation in employer’s group health insurance program, at special rates,
following a “qualifying event, “including going on unpaid status while on a California
Family Rights Act (CFRA) or Family Medical Leave Act (FMLA) leave and termination
from employment.
D. Health Insurance Portability and Accountability Act (HIPPA) - A federal law that limits
the circumstances under which medical coverage may be excluded for pre-existing
medical conditions and protects the dissemination of certain health-related information.
XIII. PAID TIME OFF (PTO)
The CITY provides Paid Time Off (PTO), also referred to as annual leave benefits to regular
full-time employees for the purpose of rest, relaxation, and planned interruptions from the
workplace including vacation, illness, caring for children, school activities, medical/dental
appointments, personal business, or emergencies. The CITY encourages employees to take
time off in order to receive the personal replenishment value intended. All use of PTO is to
be scheduled in advance and approved by a supervisor except in the case of illness or an
emergency. PTO must be taken by exempt employees only in increments of (4) hours or
more in a workday (29 CFR 541.710 Employees of Public Agencies). For example, when
the employee leaves work for four or more hours early prior to the start of a vacation period.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
A. Eligibility - All regular full-time employees are eligible to take and/or accrue paid time
off based on their continuous length of service, measured from the date of hire.
Continuous length of service is defined as service that is uninterrupted by termination of
employment and subsequent rehire by the CITY or a break in service that has been
bridged.
B. Paid Time Off (PTO) Accrual - The amount of PTO earned each year is based on the
employee’s continuous length of service. PTO hours are calculated as earned on a bi-
weekly accrual schedule. All PTO hours are based on compensated work hours.
Therefore, PTO accruals for regular part-time employees scheduled to work less than 40
hours per week shall be prorated accordingly. Employees will not accrue PTO hours
while on unpaid status.
Paid Time Off (PTO) Accrual Schedule for Full-Time Employees
Years of Service dDays Accrue dHours Accrue Maximum
Annual
Accrual Hours
5 2 6 0
7 6 0
After 10 years 32 256 600
Maximum Annual Accrual and PTO Sellback and Optional End of Fiscal Year Payout
Years 0 thru 2 17 60
After 5 years 2 21 60
at the employee’s regular rate of pay, based on length of service at the
following rates:
There is a cap on the amount of PTO time an employee can accumulate. Employees may
carry over up to 600 unused PTO hours from calendar year to calendar year. Any hours
in excess of 600 on the books as of December 31 each year will be automatically paid out
to the employee
Service Length % Payout
50
75
After 10 years 100%
of 160 hours as of December 31, based on
ngth of service at the rates above.
Years 0 thru 5 %
After 5 years %
An employee may be paid at the employee’s regular rate of pay, at their request, each
January for their accrued leave in excess
le
PTO Upon Termination - Upon separation from CITY service, the CITY will pay 100%
of the employee’s accrued paid time off at the employee’s regular rate of pay. When an
employee voluntarily resigns from employment, no paid time off may be used between
the time a notice of resignation is given and the employee’s last day of work unless
uthorized by the City Manager. a
Payout at Retirement - Upon retirement from CITY service, an employee must use at
least half of their accrued paid time off for the purpose of obtaining additional service
credit under PERS. An employee may choose to use all of his/her accrued paid time off
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
ay 100% of the
employee’s accrued paid time off at the employee’s regular rate of pay.
as sick leave for service credit. If an employee chooses to apply less than 100% of
his/her paid time off toward PERS service credit, the CITY will p
C. Administrative Leave - Administrative Leave is compensated time off given to regular, full-
time exempt employees of the CITY. This leave shall be taken in a manner consistent with
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.
r in which it was accrued.
Administrative Leave must be exhausted prior to using PTO.
employee leaves work for four or more hours early to take care of
ersonal business.
D. olidays
CITY shall grant UNION members in exempt classifications, on a fiscal year basis, twenty
(20) hours of administrative leave. Administrative leave cannot be carried over from year to
year, and must be used by June 30th of the fiscal yea
Administrative Leave must be taken by exempt employees only in increments of (4)
hours or more in a workday (29 CFR 541.710 Employees of Public Agencies). For
example, when the
p
H - The CITY observes the following paid holidays:
's Birthday
ry
day in May
Day
r
tober
sgiving anksgiving
3) New Year's Eve December 31
e preceding Thursday.
general, holidays shall be compensated as a regular day’s salary.
iday and
the first regularly scheduled work day following the holiday with two exceptions:
(1) New Year’s Day January 1
(2) Martin Luther King 3rd Monday in January
(3) President's Day 3rd Monday in Februa
(4) Memorial Day Last Mon
(5) Independence July 4
(6) Labor Day 1st Monday in Septembe
(7) Columbus Day 2nd Monday in Oc
(8) Veteran's Day November 11
(9) Thanksgiving Day 4th Thursday in November
(10) Day after Thank Friday after Th
(11) Christmas Eve December 24
(12) Christmas Day December 25
(1
If a holiday falls on a Saturday, the preceding Friday will be observed. If a holiday falls
on a Sunday, the following Monday will be observed. In those years in which one of the
Christmas and/or New Year’s holidays falls on a weekend, the Friday preceding the
weekend and the Monday following the weekend shall be observed as holidays. If a
holiday falls on an off-Friday, the holiday will be observed on th
In
If a holiday occurs when an employee is using annual leave, the holiday will not be charged
against the employee's annual leave balance. In order to receive holiday pay, an employee
must be on the payroll on the last regularly scheduled workday preceding the hol
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
1. An employee on Disability Leave shall only be entitled to receive holiday pay within the
six-month period after the date of injury/illness. If the employee is using annual leave
when the holiday occurs, payment for the holiday shall be prorated to the amount of
annual leave being used in the pay period in which the holiday falls. If the employee is
receiving Short Term Disability payments in the pay period when the holiday occurs,
payment for the holiday shall be at 75% of the employee’s regular rate of pay.
2. An employee on Industrial Injury Leave shall be entitled to receive full holiday pay,
within the six-month period after the date of injury/illness. After six months, holiday
pay shall be prorated to the amount of annual leave, if any, being used by the employee.
E. Jury Duty Leave - Employees who are called for jury duty continue to receive full pay and
benefits for that period of absence. An employee shall be paid the difference between his or
her regular salary rate and the amount of cash pay received, except travel pay, for jury duty.
The time spent on jury duty is not work time for purposes of calculating overtime
compensation.
F. Military Leave - An employee in a reserve component of the armed forces of the United
States is entitled to temporary military leave not to exceed l80 calendar days during any
period of ordered duty for active military training. An employee who has been employed
by a public entity, including prior military service, for at least one year immediately prior
to the day on which the absence begins is entitled to receive full salary and benefits
during the first 30 calendar days of such temporary military leave, in addition to whatever
pay is received from the federal government for training. Pay for such purposes shall not
exceed 30 days in any one fiscal year.
G. Industrial Injury Leave - This is leave for an on-the-job injury or illness. Beginning on the
date of injury/illness, the CITY shall pay an employee's full salary for up to the first three
consecutive workdays of any absence due to any one injury or illness. In the event that such
leave exceeds three consecutive workdays, the employee shall be entitled to Workers
Compensation benefits as prescribed by law. Monies paid through a third party
administrator are not reported to PERS as salary earned. In addition, the employee may use
annual leave to supplement Workers Compensation benefits up to his/her full salary. An
employee on Industrial Injury Leave will continue to receive full CITY paid insurance
benefits (medical, dental, life, and long term disability) for up to 12 months from the date of
injury/illness.
In the event that an employee suffers an injury or illness on the job, whether or not medical
treatment is necessary, he or she must advise the supervisor at once and fill out an employee
claim form. An employee must also indicate on their time card any time off taken due to an
on-the-job injury or illness, or for related follow-up medical appointments.
Upon return to work from an Industrial Injury Leave, an employee shall provide a written
statement from a doctor to his/her immediate supervisor stating that a specified number of
appointments are necessary for Workers Compensation approved treatment. This shall occur
before the scheduling of treatment begins. Employees shall be expected to the extent
possible to schedule appointments for follow-up medical treatments so as to minimize the
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
inconvenience to fellow employees and the impact on the employee’s ability to perform
his/her job.
H. Leave Without Pay - It is not the policy of the CITY to grant leaves of absence under most
circumstances. In cases of hardship or for other good and sufficient reasons, the City
Manager may grant leaves of absence upon written request by an employee, for a period up
to 90 days. The employee will not accrue any annual leave while on leave without pay and
the leave period will be considered as discontinuous service. During the time an employee
is on leave without pay, the CITY may discontinue paying for insurance benefits on behalf
of the employee, although the employee shall have the option to continue benefits at his/her
own cost.
XIV. RETIREMENT (PERS)
The CITY maintains a Retirement Reserve Fund on its books to ensure sufficient funds exist to
provide this benefit to all current employees through age 55, (i.e. for 35 years or through the
year 2034). Funds deposited into the Retirement Reserve Fund by the CITY, along with all
interest accruing thereto, shall belong to the CITY and shall be commingled with the CITY’s
investment portfolio. In October of each year, the CITY shall review the past and projected
performance of the Retirement Reserve Fund, along with actuarial data provided by PERS, to
determine the amount to be deposited into the Retirement Reserve Fund on July 1. By May 1 of
each year, the CITY shall report to UNION the amount of its next contribution to the Retirement
Reserve Fund along with the assumptions used to determine the contribution amount.
Employees who retire from the CITY and who are enrolled in a PERS-sponsored health plan
at the time of separation are eligible to continue their coverage, through the “Retired
Employees Medical Expense Reimbursement Program” as described in Section XII.E.
The parties agree to a scheduled reopener in 2009 for the purpose only of discussing the
financial feasibility of enhancing the CITY’s retirement package with PERS (i.e., moving
from the current 2% at 55 to 2.5% at 55). The discussion will be limited to (1) PERS’
financial situation and whether it will become superfunded and, therefore, require a smaller
contribution from the CITY; and (2) the CITY’s financial situation and whether the CITY
can afford to fund all or part of an enhanced retirement program for employees. The parties
will schedule a time for the reopener in 2009 within 60 days after the CITY receives an
actuarial valuation from PERS of the cost of 2.5% at 55 and the discussions will not extend
beyond 60 days of the reopening.
XV. UNIFORM AND CLOTHING ALLOWANCES
Each regular full-time Park and Street Maintenance employee shall receive an allowance of
$400.00 (four-hundred dollars) per fiscal year for the purchase of pants and safety boots, and for
uniform cleaning. Three shirts per employee per year are purchased directly by the CITY, in
colors designated by the Department head. The Uniform and Clothing Allowances shall be paid
on the second pay date in July. The Uniform and Clothing Allowances shall be prorated from
the date of hire for a newly hired employee.
Uniform and clothing allowances are reported to PERS as salary earned.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
XVI. TUITION REIMBURSEMENT
All regular employees of the CITY who have been employed continually for at least three (3)
months prior to the commencement of an approved or required course are eligible for the
CITY’s tuition reimbursement program.
A. Coursework for Degree or Certificate - If the course(s) taken is/are job related or in
fulfillment of the requirements for a degree or certificate, one-hundred percent (100%)
reimbursement will be afforded for tuition, fees and books by the CITY up to a maximum
of one thousand dollars ($1,000) per employee per fiscal year. The Department Head and
City Manager will determine job-relatedness.
B. Coursework for Professional Development - If the course(s) is/are not specifically related to
the employee’s current position, and does not fulfill the requirements for a degree or
certificate, but does provide for professional development related to the worker’s position of
employment or a higher position in the CITY, reimbursement will be afforded for tuition,
fees and books by the CITY at one-hundred percent (100%), up to a maximum five hundred
dollars ($500) per employee per fiscal year.
Reimbursement will be afforded after successful completion of the course(s) requirements.
Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system.
XVII. ARBITRATION AND GRIEVANCE PROCEDURE
If the UNION believes that the CITY has violated this Agreement, such matters arising
during the term of this MOU (“grievances”) will be resolved through this Grievance
Procedure, which is the sole and exclusive method of doing so. The parties agree by this
provision that matters regarding discipline remain within the sole discretion of the City as set
forth in its Discipline Policy and that only the issue of whether the City has followed its
Discipline Policy is subject to arbitration and the grievance procedure.
A. STEP (1) - The UNION Representative will attempt to resolve the matter with the
supervisor. If the matter is not resolved the UNION will file a written grievance with the
CITY’s Human Resources representative within fifteen days after the employee or
UNION is aware or reasonably should be aware of the act or omission that caused the
grievance. The grievance shall specify the date(s) of the alleged violation(s) and the
provisions of the Agreement applicable to the dispute. A grievance not filed in writing
within the above time shall be invalid, excepting any complaint relative to wages shall
not be deemed invalid until thirty (30) days subsequent to origin of cause of the
complaint and in no event shall an employee be deprived of actual wages due. The CITY
shall notify the UNION of the name, address, telephone number and fax number of the
CITY’s designated Human Resources representative no later than five (5) working days
after this Agreement has been ratified and no later than five (5) working days from the
date the CITY assigns the Human Resources representative duties to a different
individual.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
B. STEP (2) - The CITY shall answer the grievance in writing within ten (10) working days
after the written grievance is filed. The CITY Human Resources representative and the
UNION will discuss the grievance during this period. If the grievance is not settled, the
UNION may advance it to Step 3 by giving written notice to the City Manager within
five (5) working days after the CITY answers the grievance in writing. If the CITY does
not timely file an answer, the grievance will automatically advance to Step 3 and the
UNION may deliver written notice of arbitration immediately. The CITY shall notify the
UNION of the name, address, telephone number and fax number of the City Manager no
later than five (5) working days after this MOU has been ratified and no later than five
(5) working days from the date the CITY assigns the City Manager representative duties
to a different individual.
C. STEP (3) - During the five (5) working days after a grievance advances to Step 3, the
City Manager and the UNION will attempt to settle it. If it is not settled during that five
(5) day period, the UNION may advance it to Arbitration by delivering written notice to
the City Manager within ten (10) working days after the end of the five (5) working day
period. In the absence of such written notice, the grievance will be settled on the basis of
the CITY’s answer.
The time limits in this Grievance Procedure may be extended by written agreement.
Each party will provide the other with a current address of that party’s representatives
identified above.
D. ARBITRATION
(1) Upon filing by the UNION of an appeal to arbitration as provided in Step 3 of the
Grievance Procedure, the parties will promptly attempt to agree on an independent
arbitrator to hear and resolve the grievance.
(2) If the parties are unable to agree on an arbitrator within five (5) working days after the
UNION delivers the notice of appeal to arbitration, either party may apply to the State
Mediation and Conciliation Service (SMCS) for a panel of seven arbitrators who are
members of the National Academy of Arbitrators. The party applying for the list will
request that the list be sent by the SMCS to both parties.
(3) Upon receipt of the list, the parties will promptly select an arbitrator to hear and
decide the grievance by alternately striking names from the list (coin toss for first
strike) until only one remains, and s/he will be the arbitrator for the case.
(4) The arbitrator will decide the case by a written opinion following the hearing. The
arbitrator’s decision will be final and binding provided that the arbitrator’s decision is
based on the provisions of this Agreement as written and does not add to, subtract
from or ignore any provision of this Agreement. Either party may have a transcript of
the hearing made, but in that event that party will pay for the transcript.
(5) The fees and expenses of the arbitrator will be paid one-half by each party. Each
party’s own expenses will be paid by that party.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
XVIII. ALCOHOL AND DRUG ABUSE POLICY
Purpose - It is the intention of this policy to eliminate substance abuse and its effects in the
workplace. While the City of Saratoga has no intention of intruding into the private lives of
its employees, involvement with drugs and alcohol can take its toll on job performance and
employee safety. Employees must be in a condition to perform their duties safely and
efficiently, in the interest of their fellow workers and the public, as well as themselves. The
presence of drugs and alcohol on the job, and the influence of these substances on employees
during working hours, are inconsistent with this objective.
Employees who think they may have an alcohol or drug usage problem are urged to
voluntarily seek confidential assistance from the Employee Assistance Program Counselor.
While the CITY will be supportive of those who seek help voluntarily, the CITY will be
equally firm in identifying and disciplining those whose continued substance abuse, even if
enrolled in counseling or rehabilitation programs, results in performance problems, danger to
the health and safety of others and themselves and/or violations of federal, state or CITY
laws/policy.
Supervisors will be trained to recognize abusers and become involved in this control process.
Alcohol or drug abuse will not be tolerated and disciplinary action, up to and including
termination, will be used as necessary to achieve this goal.
This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It
also outlines the responsibilities of City managers and employees. To that end, the CITY
will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any
other substance which could impair an employee’s ability to safely and effectively perform
the functions of the particular job) which increases the potential for accidents, absenteeism,
substandard performance, poor employee morale or damage to the Agency’s reputation. All
persons covered by this policy should be aware that violations of the policy may result in
discipline, up to and including termination, or in not being hired.
In recognition of the public service responsibilities entrusted to the employees of the CITY
and that drug and alcohol usage can hinder a person’s ability to perform duties safely and
effectively, the following policy against drug and alcohol abuse is hereby adopted by the
CITY.
Policy - It is CITY policy that employees shall not be impaired by or have in their biological
system, or be in possession, of alcohol or drugs while on CITY property, at work locations,
or while on duty or subject to being called to duty, and that employees shall not sell or
provide drugs or alcohol to any other employee or person while on duty or subject to being
called to duty.
While use of validly prescribed medications and drugs does not violate this policy per se,
failure by an employee to notify his/her supervisor, before beginning work, when taking
medications or drugs which could foreseeably interfere with the safe and effective
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
performance of duties, or the operation of CITY equipment, can result in discipline, up to and
including termination. In the event there is a question regarding an employee’s ability to
safely and effectively perform assigned duties while using such medications or drugs,
clearance from a qualified physician may be required.
The CITY reserves the right to search, without employee consent, all areas and property in
which the CITY maintains control or joint control with the employee. Otherwise, the CITY
may notify appropriate law enforcement agencies that an employee may have illegal drugs in
his or her possession or in an area not jointly or fully controlled by the CITY.
Refusal to immediately submit to an alcohol and/or drug analysis when requested by CITY
management or law enforcement personnel, or refusal to submit to a search of personal
properties if requested by law enforcement personnel, may constitute insubordination and be
grounds for discipline, up to and including termination.
An employee reasonably believed to be under the influence of alcohol or drugs shall be
prevented from engaging in further work and shall be detained for a reasonable time until he
or she can be safely transported from the work site.
The CITY is committed to providing reasonable accommodation to those employees whose
drug or alcohol problem classifies them as disabled under federal and/or state law.
The CITY has established an Employee Assistance Program (EAP) to assist those employees
who voluntarily seek help for alcohol or drug problems. The CITY will provide separate
written notice of the availability of this program to all employees. Employees should contact
their supervisors or the EAP Counselor for additional information.
Application - This policy applies to all employees of and to all applicants for positions with
the CITY. This policy applies to alcohol and drugs, including all substances, drugs or
medications, whether legal or illegal, which could impair an employee’s ability to effectively
and safely perform the functions of the job.
Employee Responsibilities - An employee must:
• Not report to work or be subject to duty while his or her ability to perform job
duties is impaired due to on or off duty alcohol or drug use;
• Not possess or use alcohol or impairing drugs, including illegal drugs and
prescription drugs without a prescription, during working hours or while subject
to duty, on breaks, during meal periods or at anytime while on CITY property;
• Not directly or through a third party sell or provide drugs or alcohol to any
person, including any employee, while either or both employees are on duty or
subject to being called to duty;
• Submit immediately to an alcohol or drug test when requested by a CITY
representative;
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
• Notify his or her supervisor, before beginning work, when taking any
medications or drugs, prescription or non-prescription, which may interfere with
the safe and effective performance of duties or operation of CITY equipment;
and
• Provide within 24 hours of request, bona fide verification of a current valid
prescription for any potentially impairing drug or medication identified when a
drug screen/test is positive. The prescription must be in the employee’s name.
Management Responsibilities -
• Managers and supervisors are responsible for reasonable enforcement of this
policy.
• Managers and supervisors may request that an employee submit to a drug and/or
alcohol test when a manager or supervisor has a reasonable suspicion that an
employee is intoxicated or under the influence of drugs or alcohol while on the
job or subject to being called.
• “Reasonable suspicion” is a belief based on objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol so that the employee’s ability to perform the
functions of the job is impaired or so the employee’s ability to perform his or
her job safely is reduced.
• For example, any of the following, alone or in combination, may constitute
reasonable suspicion depending upon the circumstances in which the behavior is
observed and/or reported:
Slurred speech;
Alcohol odor on breath;
Unsteady walking and movement;
An accident involving CITY property, where it appears the
employee’s conduct is at fault;
Physical altercation;
Verbal altercation;
Unusual behavior;
Possession of alcohol or drugs;
Information obtained from a reliable person with personal
knowledge.
• Any manager or supervisor requesting an employee to submit to a drug and/or
alcohol test should document in writing the facts constituting reasonable
suspicion that the employee in question is intoxicated or under the influence.
• Any manager or supervisor encountering an employee who refuses an order to
submit to a drug and/or alcohol analysis upon request shall remind the employee
of the requirements and disciplinary consequences of this Policy. Where there
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
is reasonable suspicion that the employee is then under the influence of alcohol
or drugs, the manager or supervisor should arrange for the employee to be
safely transported home.
• Managers and supervisors shall not physically search the person of employees,
nor shall they search the personal possessions of employees without the freely
given written consent of, and in the presence of, the employee.
• Managers and supervisors shall notify their Department head or designee when
they have reasonable suspicion to believe that an employee may have illegal
drugs in his or her possession or in an area not jointly or fully controlled by the
CITY. If the Department head or designee concurs that there is a reasonable
suspicion of illegal drug possession, the Department head shall notify the
appropriate law enforcement agency.
Physical Examination and Procedure - The drug and/or alcohol test may test for any
substance which could impair an employee’s ability to perform effectively and safely the
functions of his or her job, including, but not limited to, prescription medication, alcohol,
heroin, cocaine, morphine and its derivatives, P.C.P., methadone, barbiturates,
amphetamines, marijuana and other cannabinoids.
Testing shall be performed at a local medical facility selected by the CITY. The procedure
used shall require an unbroken chain of custody from sample collection to return of the
written report. A split sample (a test sample which is divided into portions for use in an
independent testing of positive samples) shall be preserved to provide an independent test. If
the initial test has positive results, the CITY shall conduct a confirmation test using a court
admissible testing technique. If the confirmation test has positive results, the employee may
re-test the sample at a laboratory of the employee's choice and at the employee's own
expense.
Results of Drug and/or Alcohol Analysis
Pre-Employment Physical
A positive result from a drug and/or alcohol analysis may result in the applicant not being
hired where the applicant’s use of drugs and/or alcohol could affect requisite job standards,
duties or responsibilities.
If a drug screen is positive at the pre-employment physical, the applicant must provide,
within 24 hours of the request, bona fide verification of a valid current prescription for the
drug identified in the drug screen. If the prescription is not in the applicant’s name or the
applicant does not provide acceptable verification, or if the drug is one that is likely to impair
the applicant’s ability to perform the job duties, the applicant may not be hired.
During Employment Physical or Alcohol/Drug Tests
A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to
and including, termination.
If the drug screen is positive, the employee must provide, within 24 hours of the request,
bona fide verification of a valid current prescription for the drug identified in the drug screen.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
The prescription must be in the employee’s name. If the employee does not provide
acceptable verification of a valid prescription, or if the prescription is not in the employee’s
name, or if the employee has not previously notified his or her supervisor of the same, the
employee will be subject to disciplinary action, up to and including termination.
If an alcohol drug test is positive for alcohol or drugs, the CITY shall conduct an
investigation to gather all facts. The decision to discipline, up to and including termination,
will be carried out in conformance with the CITY’s discipline procedures, modified as
follows:
(1) In the event a regular, for-cause employee requests an evidentiary appeal to the City
Manager from a final notice of discipline (Section 6 of the Discipline Policy) for
violating the City’s Drug and Alcohol Abuse Policy, the evidentiary appeal will be
conducted by a neutral, third party arbitrator who, after conducting the evidentiary
hearing and hearing all of the evidence (pursuant to the provisions of Section 6 of the
Discipline Policy), will make a nonbinding recommendation to the City Manager with
respect to discipline. The nonbinding recommendation will include: (a) the arbitrator’s
nonbinding recommendation regarding discipline; and (b) the arbitrator’s nonbinding-
recommended-written findings of fact in support of his or her recommendation for
discipline. The nonbinding-recommended-written findings of fact will include the factual
basis for the recommendation for discipline, including the testimony of the witnesses
relied upon, the basis of any credibility determinations of these and other witnesses, the
documents and other evidence relied upon, and nonbinding assessments on how the
testimony, documents, and other evidence support the nonbinding recommendation of the
arbitrator.
(2) The City and the Union will agree on the neutral, third party arbitrator who will conduct
the evidentiary hearing and make the above nonbinding recommendations, prior to the
onset of the evidentiary hearing. In the event an agreement on a third party arbitrator
cannot be reached, then either party shall promptly obtain from the California State
Conciliation Services a list of seven impartial arbitrators from which the City and the
Union shall select the neutral, third party arbitrator by alternatively striking names from
the list. The first party to strike from the list shall be determined by coin toss.
(3) The neutral, third party arbitrator will submit his or her nonbinding recommendation for
discipline and nonbinding-recommended-written findings of fact to the City Manager
with a copy to the employee and the Union within 30 days after the evidentiary hearing
has been completed and written briefs, if any, have been submitted. The City Manager
will have 30 days thereafter in which to review the nonbinding recommendations and
findings, to request clarification or additional testimony or evidence (at the City
Manager’s discretion) on any issue, and to render a final statement of written findings
and decision. The City Manager’s decision is final.
(4) Proof of service of the City Manager’s final statement of written findings and decision
and the statute of limitations on that final decision is in accordance with Subdivisions 6
and 7 of Section 6 of the Discipline Policy.
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AGREEMENT BETWEEN THE CITY OF SARATOGA AND UNION
Confidentiality - Laboratory reports and test results shall not appear in an employee’s general
personnel file. Information of this nature will be contained in a separate confidential medical
folder that will be securely kept under the control of the Human Resources Manager. The
reports or test results may be disclosed to CITY management on a strictly need-to-know basis
and to the tested employee upon request. Disclosures, without patient consent, may also
occur when: (1) the information is compelled by law or by judicial or administrative process;
(2) the information has been placed at issue in a formal dispute between the employer and
employee; (3) the information is to be used in administering an employee benefit plan; or (4)
the information is needed by medical personnel for the diagnosis or treatment of the patient
who is unable to authorize disclosure.
IX. DISCIPLINE POLICY
Unless otherwise specified by a memorandum of understanding, the following constitutes the
CITY’s policy regarding disciplinary actions:
A. Policy Coverage - The following categories of persons can be terminated at-will and have
no rights to any of the pre- or post-disciplinary processes or procedures in this Policy: (1)
temporary employees, (2) provisional or seasonal employees, (3) probationary
employees, (4) any person who serves pursuant to a contract, and (5) any person who is
designated “at-will” in any CITY policy, document, acknowledgement, resolution or
ordinance. Notwithstanding any provision in this policy, any regular employee who is
exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) is not
subject to any disciplinary penalty which is inconsistent with his or her FLSA overtime-
exempt status.
B. Causes for Discipline - Regular employees may be counseled, admonished, reprimanded,
suspended, demoted, discharged or incur a reduction in pay for disciplinary causes
including but not limited to:
1. Violation of the CITY’s Employment Standards, Standards of Conduct or any
department rule, CITY policy or CITY regulation, ordinance or resolution;
2. Absence without authorized leave;
3. Excessive absenteeism and/or tardiness as defined by the employee’s department
director, these Policies, or MOU;
4. Use of disability leave in a manner not authorized or provided for pursuant to the
disability leave policy or other policies of the CITY;
5. Purposefully and knowingly making any false statement, omission or
misrepresentation of a material fact;
6. Providing wrong or misleading information or other fraud in securing appointment,
promotion or maintaining employment;
7. Unsatisfactory job performance;
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8. Inefficiency;
9. Malfeasance or misconduct, which shall be deemed to include, but shall not be
limited to the following acts or omissions:
a. Conviction of a felony. "Conviction" shall be construed to be a determination of
guilt of the accused by a court, including a plea of guilty or nolo contender (no
contest), regardless of sentence, grant of probation, or otherwise.
b. Damaging CITY property, equipment, or vehicles, or wasting CITY supplies
through negligence or misconduct.
10. Insubordination;
11. Dishonesty;
12. Theft;
13. Disobedience;
14. Violation of the CITY’s or a department’s confidentiality policies, or disclosure of
confidential CITY information to any unauthorized person or entity;
15. Misuse of any CITY property, including, but not limited to: physical property, tools,
equipment, CITY communication systems, or Intellectual Property;
16. Mishandling of public funds;
17. Falsifying any CITY record;
18. Discourteous treatment of the public or other employees;
19. Failure to cooperate with employee's supervisors or fellow employees;
20. Violation of the CITY’s Drug-Free Workplace Policy;
21. Violation of the CITY's Use of CITY Property and Equipment Policy;
22. Violation of the CITY’s Policy Against Harassment, Discrimination and Retaliation;
23. Violation of the CITY’s Workplace Security Policy;
24. Unapproved outside employment or activity that violates the CITY’s Outside
Employment policy, or other enterprise that constitutes a conflict of interest with
service to the CITY;
25. Any conduct that impairs disrupts or causes discredit to the CITY, the employee's
CITY employment, to the public service, or other employee's employment;
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26. Failure to comply with OSHA Safety Standards and CITY safety policies;
27. Failure to report to his or her supervisor any contact with criminal authorities (such as
police) which may affect employment with the CITY;
28. Altering, falsifying, and tampering with time records, or recording time on another
employee's time record; or
29. Working overtime without prior authorization.
C. Administrative Disciplinary Leave - A department director may place an employee on an
administrative disciplinary leave with pay pending a potential disciplinary action.
Administrative disciplinary leave with pay is authorized: (1) when the department
director believes that the employee's continued presence at the work site could have
detrimental consequences for CITY operations; or (2) pending investigation into charges
of misconduct. If the charges against the employee are substantiated by the investigation,
appropriate disciplinary action may be taken in accordance with these procedures.
D. Types of Discipline
Counseling Memo - A counseling memo shall be retained in the employee’s personnel
file, and may not be appealed under this policy.
Oral Admonishment or Reprimand - An oral admonishment or reprimand shall be
memorialized in writing, become part of the employee’s personnel file, and may not be
appealed under this policy.
Written Admonishment or Reprimand - A department director may reprimand an
employee by furnishing him/her with a written statement of the specific reasons for
reprimand. A copy of the reprimand will be retained in the employee’s personnel file,
and may not be appealed. The employee has the right to have a written rebuttal attached
to the reprimand in the employee’s personnel file.
Suspension - A department director may suspend an employee from his or her position
for cause. Documents related to a suspension shall become part of the employee’s
personnel file. An employee subject to suspension will receive prior written notice and
appeal as provided herein. FLSA-exempt employees are not subject to suspension except
in work day or work week increments or for violations of major safety rules.
Demotion - A department director may demote an employee from his or her position for
cause. Documents related to a demotion shall become part of the employee’s personnel
file. An employee subject to demotion shall be entitled to the prior written notice and
appeal as provided herein.
Reduction in Pay - A department director may reduce an employee’s pay for cause. A
reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease in
salary to a lower step within the salary range; or (2) a decrease in salary paid to an
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employee for a fixed period of time. Documents related to a reduction in pay shall
become part of the employee’s personnel file. An employee subject to a reduction in pay
shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt
employees are not subject to reduction in pay.
Discharge - A department director may discharge an employee from his or her position
for cause. Documents related to discharge shall become a part of an employee’s
personnel file. A discharged employee is entitled to prior written notice and appeal based
upon the terms described herein.
E. Skelly Process – Pre-Disciplinary Procedure for Suspension, Demotion, Reduction in Pay,
or Discharge - Only regular, for-cause employees have the right to the conference and
appeal processes outlined in this Section.
Notice of Intent to Discipline - The employee will be provided a written notice of intent
to discipline, copied to the City Manager that contains the following:
1. The level of discipline intended to be imposed;
2. The specific charges upon which the intended discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the intended
discipline is based;
5. Notice of the employee’s right to respond to the department director regarding the
charges within 5 calendar days from the date of the Notice, either by requesting an
informal conference, or by providing a written response, or both;
6. Notice of the employee’s right to have a representative of his or her choice at the
informal conference, should he or she choose to respond orally; and
7. Notice that the failure to respond at the time specified shall constitute a waiver of the
right to respond prior to the imposition of discipline.
Employee’s Response and the Skelly Conference
1. If the employee requests an informal conference to respond orally to the charge(s),
the conference must be scheduled at least 7 calendar days after the date of the Notice.
The conference will be an informal meeting with the department director, at which
the employee has an opportunity to rebut the charges against him or her and present
any mitigating circumstances. The department director will consider the employee’s
presentation before recommending any final disciplinary action.
2. The employee’s failure to make an oral response at the arranged conference time, or
the employee’s failure to cause his or her written response to be delivered by the date
and time specified in the notice, constitutes a waiver of the employee’s right to
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respond prior to the imposition of the discipline. In that case, the proposed
disciplinary action will be imposed on the date specified.
Final Notice of Discipline - After considering the employee’s response, or after the
expiration of the employee’s time to respond to the Notice of Intent, the department
director shall: (1) dismiss the notice of intent and take no disciplinary action against the
employee; or (2) modify the intended disciplinary action, or (3) impose the intended
disciplinary action. In any event, the department director shall prepare and provide the
employee with a notice, copied to the City Manager that contains the following:
1. The level of discipline, if any, to be imposed and the effective date of the discipline;
2. The specific charges upon which the discipline is based;
3. A summary of the misconduct upon which the charges are based;
4. A copy of all written materials, reports, or documents upon which the discipline is
based; and
5. A statement of the nature of the employee’s right to appeal.
F. Evidentiary Appeal to the City Manager
Request for Appeal Hearing - A regular, for-cause employee may appeal from a final
notice of discipline in the form of suspension, demotion, reduction in pay, or termination
by delivering a written answer to the charges and a request for appeal to the City
Manager or designee. The written answer and request for appeal must be received no
later than 10 calendar days from the date of the department director’s decision.
Delegation - The City Manager or designee reserves the right to delegate his or her
authority to decide the appeal to an outside hearing officer to be chosen by the City
Manager or designee.
Date and Time of the Appeal Hearing - The City Manager will set a date for an appeal
hearing within a reasonable time after receipt of a timely written answer and request for
appeal. An employee who, having filed a timely written answer and request for appeal,
has been notified of the time and place of the appeal hearing, and who fails to appear
personally at the hearing, may be deemed to have abandoned his or her appeal. In such a
case, the City Manager may dismiss the appeal.
Identification of Issues, Witnesses and Evidence - No later than 10 days prior to the
appeal hearing, each party will provide each other and the City Manager a statement of
the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a
brief summary of the subject matter of the testimony of each witness, and a copy of all
evidence (except rebuttal evidence) to be submitted at the hearing. The CITY will use
numbers to identify its evidence; the employee shall use alphabet letters. Neither party
will be permitted to call any witness during the hearing that has not been identified
pursuant to this section, nor use any exhibit not provided pursuant to this section, unless
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that party can show that they could not have reasonably anticipated the need for the
witness or exhibit. The City Manager will state at the beginning of the hearing his or her
decision as to the precise issue(s) to be decided.
Conduct of the Appeal Hearing
Subpoenas - The City Council has authority, and may delegate the authority to the City
Clerk, to issue subpoenas in the name of the CITY prior to the commencement of the
hearing. Each party is responsible for serving his/her/its own subpoenas. CITY
employees who are subpoenaed to testify during working hours will be released with pay
to appear at the hearing. CITY employees who are subpoenaed to testify during non-
working hours will be compensated for the time they actually testify unless the CITY
agrees to a different arrangement.
Continuances - The City Manager may continue a scheduled hearing only upon good
cause shown.
Record of the Proceedings - All disciplinary hearings may, at the discretion of the parties,
be either recorded by a court reporter or tape recorded.
The City Manager’s Authority - During the Hearing the City Manager has the authority to
control the conduct of the hearing and to affirm, modify, or revoke the discipline.
Conduct of the Hearing
1. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses, but hearings shall be conducted in a manner the City
Manager decides is the most conducive to determining the truth.
2. Any relevant evidence may be admitted if it is the type of evidence upon which
responsible persons are accustomed to rely upon in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules which might make
improper the admission of such evidence over objection in civil actions.
3. Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence, but over timely objection shall not be sufficient in itself to support a
finding, unless such evidence would be admissible over objection in civil actions. An
objection is timely if made before submission of the case.
4. All privileges recognized in civil proceedings apply.
5. Irrelevant and unduly repetitious evidence may be excluded.
6. The City Manager shall determine relevancy, weight and credibility of testimony and
evidence.
7. During the examination of a witness, all other witnesses, except the parties, shall be
excluded from the hearing upon the request of either party.
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8. All witnesses shall be sworn in for the record prior to testifying at the hearing. The
City Manager or the court reporter shall request each witness to raise his or her right
hand and respond to the following: “Do you swear that the testimony that you are
about to give at this hearing is the truth, the whole truth, and nothing but the truth?”
Burden of Proof at the Hearing - The CITY has the burden of proof by a preponderance
of the evidence.
Right to Due Process - The employee shall have the following due process rights during
the hearing:
1. The right to be represented by legal counsel or another chosen representative, at his or
her own expense;
2. The right to call and examine witnesses on his or her behalf;
3. The right to introduce evidence;
4. The right to cross-examine opposing witnesses on any matter relevant to the issues;
5. The right to impeach any witness regardless of which party first called him or her to
testify; and
6. The right to rebut evidence against him or her.
Hearing to be Closed to the Public - The hearing will be closed to the public unless the
employee requests that it be open.
Presentation of the Case - The parties will address their remarks, evidence, and objections
to the City Manager. All parties and their counsel or representatives shall not disparage
the intelligence, morals, or ethics of their adversaries or of the City Manager. The City
Manager may terminate argument at any time and issue a ruling regarding an objection or
any other matter. The City Manager may alter the order of witnesses, limit redundant or
irrelevant testimony, or directly question the witness. The hearing shall proceed in the
following order unless the City Manager directs otherwise:
1. The CITY shall be permitted to make an opening statement.
2. The employee shall be permitted to make an opening statement.
3. The CITY shall produce its evidence.
4. The employee shall produce his or her evidence.
5. The CITY, followed by the employee, may offer rebuttal evidence.
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6. Closing arguments of no more than 20 minutes shall be permitted at the discretion of
the City Manager. The CITY shall have the right to argue first, the employee may
argue second, and the CITY may reserve a portion of its argument time for rebuttal.
Written Briefs by the Parties - The City Manager or the parties may request the
submission of written briefs. The City Manager will determine whether to allow written
briefs, the deadline for submitting briefs, and the page limit for briefs.
Written Findings and Decision - The City Manager shall render a statement of written
findings and decision within 30 days after the hearing has been completed and the briefs,
if any, have been submitted. The City Manager’s decision is final.
Proof of Service of the Written Findings and Decision - The City Manager shall send his
or her final statement of written findings and decision, along with a proof of service of
mailing, to each of the parties and to each of the parties’ representatives. A copy shall
also be distributed to the Human Resources Manager.
Statute of Limitations - The City Manager’s written findings and decision is final. There
is no process for reconsideration. Pursuant to Code of Civil Procedure Section 1094.6,
the parties have 90 days from the date of the proof of service of mailing of the written
findings and decision to appeal the decision to the Superior Court in and for the County
of Santa Clara.
XX. SCOPE OF AGREEMENT
This MOU represents the entire and complete understanding reached between the representatives
of the CITY and the representatives of the UNION for the period designated and applies to all
positions represented by the UNION.
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34
XXI. RATIFICATION
This MOU is subject to ratification by a majority vote of the members of the UNION. City
Council adoption of Resolution No. __________ and ratification by the UNION will put the
terms of this MOU into effect.
Representative of the Representatives of the
City of Saratoga: Northern California Carpenters Regional Council,
Carpenters Forty Six Counties
Conference Board and Their Affiliated
Local Unions
Dave Anderson, City Manager Richard Torres
Date: Date:
Richard Amaro
Date:
Shawn Gardner
Date:
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Exhibit B
GOVERNMENT CODE
SECTION 3500-3511
"Meyers-Milias-Brown Act (MMBA)"
3500. (a) It is the purpose of this chapter to promote full
communication between public employers and their employees by
providing a reasonable method of resolving disputes regarding wages,
hours, and other terms and conditions of employment between public
employers and public employee organizations. It is also the purpose
of this chapter to promote the improvement of personnel management
and employer-employee relations within the various public agencies in
the State of California by providing a uniform basis for recognizing
the right of public employees to join organizations of their own
choice and be represented by those organizations in their employment
relationships with public agencies. Nothing contained herein shall
be deemed to supersede the provisions of existing state law and the
charters, ordinances, and rules of local public agencies that
establish and regulate a merit or civil service system or which
provide for other methods of administering employer-employee
relations nor is it intended that this chapter be binding upon those
public agencies that provide procedures for the administration of
employer-employee relations in accordance with the provisions of this
chapter. This chapter is intended, instead, to strengthen merit,
civil service and other methods of administering employer-employee
relations through the establishment of uniform and orderly methods of
communication between employees and the public agencies by which
they are employed.
(b) The Legislature finds and declares that the duties and
responsibilities of local agency employer representatives under this
chapter are substantially similar to the duties and responsibilities
required under existing collective bargaining enforcement procedures
and therefore the costs incurred by the local agency employer
representatives in performing those duties and responsibilities under
this chapter are not reimbursable as state-mandated costs.
3500.5. This chapter shall be known and may be cited as the
"Meyers-Milias-Brown Act."
3501. As used in this chapter:
(a) "Employee organization" means either of the following:
(1) Any organization that includes employees of a public agency
and that has as one of its primary purposes representing those
employees in their relations with that public agency.
(2) Any organization that seeks to represent employees of a public
agency in their relations with that public agency.
(b) "Recognized employee organization" means an employee
organization which has been formally acknowledged by the public
agency as an employee organization that represents employees of the
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public agency.
(c) Except as otherwise provided in this subdivision, "public
agency" means every governmental subdivision, every district, every
public and quasi-public corporation, every public agency and public
service corporation and every town, city, county, city and county and
municipal corporation, whether incorporated or not and whether
chartered or not. As used in this chapter, "public agency" does not
mean a school district or a county board of education or a county
superintendent of schools or a personnel commission in a school
district having a merit system as provided in Chapter 5 (commencing
with Section 45100) of Part 25 and Chapter 4 (commencing with Section
88000) of Part 51 of the Education Code or the State of California.
(d) "Public employee" means any person employed by any public
agency, including employees of the fire departments and fire services
of counties, cities, cities and counties, districts, and other
political subdivisions of the state, excepting those persons elected
by popular vote or appointed to office by the Governor of this state.
(e) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours and other terms and
conditions of employment between representatives of the public agency
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion and advice.
(f) "Board" means the Public Employment Relations Board
established pursuant to Section 3541.
3501.5. As used in this chapter, "public agency" does not mean a
superior court.
3502. Except as otherwise provided by the Legislature, public
employees shall have the right to form, join, and participate in the
activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee
relations. Public employees also shall have the right to refuse to
join or participate in the activities of employee organizations and
shall have the right to represent themselves individually in their
employment relations with the public agency.
3502.1. No public employee shall be subject to punitive action or
denied promotion, or threatened with any such treatment, for the
exercise of lawful action as an elected, appointed, or recognized
representative of any employee bargaining unit.
3502.5. (a) Notwithstanding Section 3502 or 3502.6, or any other
provision of this chapter, or any other law, rule, or regulation, an
agency shop agreement may be negotiated between a public agency and a
recognized public employee organization that has been recognized as
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the exclusive or majority bargaining agent pursuant to reasonable
rules and regulations, ordinances, and enactments, in accordance with
this chapter. As used in this chapter, "agency shop" means an
arrangement that requires an employee, as a condition of continued
employment, either to join the recognized employee organization or to
pay the organization a service fee in an amount not to exceed the
standard initiation fee, periodic dues, and general assessments of
the organization.
(b) In addition to the procedure prescribed in subdivision (a), an
agency shop arrangement between the public agency and a recognized
employee organization that has been recognized as the exclusive or
majority bargaining agent shall be placed in effect, without a
negotiated agreement, upon (1) a signed petition of 30 percent of the
employees in the applicable bargaining unit requesting an agency
shop agreement and an election to implement an agency fee
arrangement, and (2) the approval of a majority of employees who cast
ballots and vote in a secret ballot election in favor of the agency
shop agreement. The petition may only be filed after the recognized
employee organization has requested the public agency to negotiate on
an agency shop arrangement and, beginning seven working days after
the public agency received this request, the two parties have had 30
calendar days to attempt good faith negotiations in an effort to
reach agreement. An election that may not be held more frequently
than once a year shall be conducted by the Division of Conciliation
of the Department of Industrial Relations in the event that the
public agency and the recognized employee organization cannot agree
within 10 days from the filing of the petition to select jointly a
neutral person or entity to conduct the election. In the event of an
agency fee arrangement outside of an agreement that is in effect,
the recognized employee organization shall indemnify and hold the
public agency harmless against any liability arising from any claims,
demands, or other action relating to the public agency's compliance
with the agency fee obligation.
(c) Any employee who is a member of a bona fide religion, body, or
sect that has historically held conscientious objections to joining
or financially supporting public employee organizations shall not be
required to join or financially support any public employee
organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees, or agency shop
fees, to pay sums equal to the dues, initiation fees, or agency shop
fees to a nonreligious, nonlabor charitable fund exempt from taxation
under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from a list of at least three of these funds, designated in
a memorandum of understanding between the public agency and the
public employee organization, or if the memorandum of understanding
fails to designate the funds, then to any such fund chosen by the
employee. Proof of the payments shall be made on a monthly basis to
the public agency as a condition of continued exemption from the
requirement of financial support to the public employee organization.
(d) An agency shop provision in a memorandum of understanding that
is in effect may be rescinded by a majority vote of all the
employees in the unit covered by the memorandum of understanding,
provided that: (1) a request for such a vote is supported by a
petition containing the signatures of at least 30 percent of the
employees in the unit; (2) the vote is by secret ballot; (3) the vote
may be taken at any time during the term of the memorandum of
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understanding, but in no event shall there be more than one vote
taken during that term. Notwithstanding the above, the public agency
and the recognized employee organization may negotiate, and by
mutual agreement provide for, an alternative procedure or procedures
regarding a vote on an agency shop agreement. The procedures in this
subdivision are also applicable to an agency shop agreement placed
in effect pursuant to subdivision (b).
(e) An agency shop arrangement shall not apply to management
employees.
(f) Every recognized employee organization that has agreed to an
agency shop provision or is a party to an agency shop arrangement
shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the public agency with which
the agency shop provision was negotiated, and to the employees who
are members of the organization, within 60 days after the end of its
fiscal year, a detailed written financial report thereof in the form
of a balance sheet and an operating statement, certified as to
accuracy by its president and treasurer or corresponding principal
officer, or by a certified public accountant. An employee
organization required to file financial reports under the federal
Labor-Management Disclosure Act of 1959 (29 U.S.C. Sec. 401 et seq.)
covering employees governed by this chapter, or required to file
financial reports under Section 3546.5, may satisfy the financial
reporting requirement of this section by providing the public agency
with a copy of the financial reports.
3503. Recognized employee organizations shall have the right to
represent their members in their employment relations with public
agencies. Employee organizations may establish reasonable
restrictions regarding who may join and may make reasonable
provisions for the dismissal of individuals from membership. Nothing
in this section shall prohibit any employee from appearing in his
own behalf in his employment relations with the public agency.
3504. The scope of representation shall include all matters
relating to employment conditions and employer-employee relations,
including, but not limited to, wages, hours, and other terms and
conditions of employment, except, however, that the scope of
representation shall not include consideration of the merits,
necessity, or organization of any service or activity provided by law
or executive order.
3504.5. (a) Except in cases of emergency as provided in this
section, the governing body of a public agency, and boards and
commissions designated by law or by the governing body of a public
agency, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule, resolution, or
regulation directly relating to matters within the scope of
representation proposed to be adopted by the governing body or the
designated boards and commissions and shall give the recognized
employee organization the opportunity to meet with the governing body
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or the boards and commissions.
(b) In cases of emergency when the governing body or the
designated boards and commissions determine that an ordinance, rule,
resolution, or regulation must be adopted immediately without prior
notice or meeting with a recognized employee organization, the
governing body or the boards and commissions shall provide notice and
opportunity to meet at the earliest practicable time following the
adoption of the ordinance, rule, resolution, or regulation.
(c) The governing body of a public agency with a population in
excess of 4,000,000, or the boards and commissions designated by the
governing body of such a public agency shall not discriminate against
employees by removing or disqualifying them from a health benefit
plan, or otherwise restricting their ability to participate in a
health benefit plan, on the basis that the employees have selected or
supported a recognized employee organization. Nothing in this
section shall be construed to prohibit the governing body of a public
agency or the board or commission of a public agency and a
recognized employee organization from agreeing to health benefit plan
enrollment criteria or eligibility limitations.
3505. The governing body of a public agency, or such boards,
commissions, administrative officers or other representatives as may
be properly designated by law or by such governing body, shall meet
and confer in good faith regarding wages, hours, and other terms and
conditions of employment with representatives of such recognized
employee organizations, as defined in subdivision (b) of Section
3501, and shall consider fully such presentations as are made by the
employee organization on behalf of its members prior to arriving at a
determination of policy or course of action.
"Meet and confer in good faith" means that a public agency, or
such representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation prior to the
adoption by the public agency of its final budget for the ensuing
year. The process should include adequate time for the resolution of
impasses where specific procedures for such resolution are contained
in local rule, regulation, or ordinance, or when such procedures are
utilized by mutual consent.
3505.1. If agreement is reached by the representatives of the
public agency and a recognized employee organization or recognized
employee organizations, they shall jointly prepare a written
memorandum of such understanding, which shall not be binding, and
present it to the governing body or its statutory representative for
determination.
3505.2. If after a reasonable period of time, representatives of
the public agency and the recognized employee organization fail to
reach agreement, the public agency and the recognized employee
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organization or recognized employee organizations together may agree
upon the appointment of a mediator mutually agreeable to the parties.
Costs of mediation shall be divided one-half to the public agency
and one-half to the recognized employee organization or recognized
employee organizations.
3505.3. Public agencies shall allow a reasonable number of public
agency employee representatives of recognized employee organizations
reasonable time off without loss of compensation or other benefits
when formally meeting and conferring with representatives of the
public agency on matters within the scope of representation.
3505.4. If after meeting and conferring in good faith, an impasse
has been reached between the public agency and the recognized
employee organization, and impasse procedures, where applicable, have
been exhausted, a public agency that is not required to proceed to
interest arbitration may implement its last, best, and final offer,
but shall not implement a memorandum of understanding. The
unilateral implementation of a public agency's last, best, and final
offer shall not deprive a recognized employee organization of the
right each year to meet and confer on matters within the scope of
representation, whether or not those matters are included in the
unilateral implementation, prior to the adoption by the public agency
of its annual budget, or as otherwise required by law.
3506. Public agencies and employee organizations shall not
interfere with, intimidate, restrain, coerce or discriminate against
public employees because of their exercise of their rights under
Section 3502.
3507. (a) A public agency may adopt reasonable rules and
regulations after consultation in good faith with representatives of
a recognized employee organization or organizations for the
administration of employer-employee relations under this chapter.
The rules and regulations may include provisions for all of the
following:
(1) Verifying that an organization does in fact represent
employees of the public agency.
(2) Verifying the official status of employee organization
officers and representatives.
(3) Recognition of employee organizations.
(4) Exclusive recognition of employee organizations formally
recognized pursuant to a vote of the employees of the agency or an
appropriate unit thereof, subject to the right of an employee to
represent himself or herself as provided in Section 3502.
(5) Additional procedures for the resolution of disputes involving
wages, hours and other terms and conditions of employment.
(6) Access of employee organization officers and representatives
to work locations.
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(7) Use of official bulletin boards and other means of
communication by employee organizations.
(8) Furnishing nonconfidential information pertaining to
employment relations to employee organizations.
(9) Any other matters that are necessary to carry out the purposes
of this chapter.
(b) Exclusive recognition of employee organizations formally
recognized as majority representatives pursuant to a vote of the
employees may be revoked by a majority vote of the employees only
after a period of not less than 12 months following the date of
recognition.
(c) No public agency shall unreasonably withhold recognition of
employee organizations.
(d) Employees and employee organizations shall be able to
challenge a rule or regulation of a public agency as a violation of
this chapter. This subdivision shall not be construed to restrict or
expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive, of Section 3509.
3507.1. (a) Unit determinations and representation elections shall
be determined and processed in accordance with rules adopted by a
public agency in accordance with this chapter. In a representation
election, a majority of the votes cast by the employees in the
appropriate bargaining unit shall be required.
(b) Notwithstanding subdivision (a) and rules adopted by a public
agency pursuant to Section 3507, a bargaining unit in effect as of
the effective date of this section shall continue in effect unless
changed under the rules adopted by a public agency pursuant to
Section 3507.
(c) A public agency shall grant exclusive or majority recognition
to an employee organization based on a signed petition, authorization
cards, or union membership cards showing that a majority of the
employees in an appropriate bargaining unit desire the
representation, unless another labor organization has previously been
lawfully recognized as exclusive or majority representative of all
or part of the same unit. Exclusive or majority representation shall
be determined by a neutral third party selected by the public agency
and the employee organization who shall review the signed petition,
authorization cards, or union membership cards to verify the
exclusive or majority status of the employee organization. In the
event the public agency and the employee organization cannot agree on
a neutral third party, the Division of Conciliation of the
Department of Industrial Relations shall be the neutral third party
and shall verify the exclusive or majority status of the employee
organization. In the event that the neutral third party determines,
based on a signed petition, authorization cards, or union membership
cards, that a second labor organization has the support of at least
30 percent of the employees in the unit in which recognition is
sought, the neutral third party shall order an election to establish
which labor organization, if any, has majority status.
3507.3. Professional employees shall not be denied the right to be
represented separately from nonprofessional employees by a
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professional employee organization consisting of such professional
employees. In the event of a dispute on the appropriateness of a
unit of representation for professional employees, upon request of
any of the parties, the dispute shall be submitted to the Division of
Conciliation of the Department of Industrial Relations for mediation
or for recommendation for resolving the dispute.
"Professional employees," for the purposes of this section, means
employees engaged in work requiring specialized knowledge and skills
attained through completion of a recognized course of instruction,
including, but not limited to, attorneys, physicians, registered
nurses, engineers, architects, teachers, and the various types of
physical, chemical, and biological scientists.
3507.5. In addition to those rules and regulations a public agency
may adopt pursuant to and in the same manner as in Section 3507, any
such agency may adopt reasonable rules and regulations providing for
designation of the management and confidential employees of the
public agency and restricting such employees from representing any
employee organization, which represents other employees of the public
agency, on matters within the scope of representation. Except as
specifically provided otherwise in this chapter, this section does
not otherwise limit the right of employees to be members of and to
hold office in an employee organization.
3508. (a) The governing body of a public agency may, in accordance
with reasonable standards, designate positions or classes of
positions which have duties consisting primarily of the enforcement
of state laws or local ordinances, and may by resolution or ordinance
adopted after a public hearing, limit or prohibit the right of
employees in these positions or classes of positions to form, join,
or participate in employee organizations where it is in the public
interest to do so. However, the governing body may not prohibit the
right of its employees who are full-time "peace officers," as that
term is defined in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2 of the Penal Code, to join or participate in employee
organizations which are composed solely of those peace officers,
which concern themselves solely and exclusively with the wages,
hours, working conditions, welfare programs, and advancement of the
academic and vocational training in furtherance of the police
profession, and which are not subordinate to any other organization.
(b) (1) This subdivision shall apply only to a county of the
seventh class.
(2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a welfare fraud investigator or inspector position
designated as a peace officer position by any amendment to that
Chapter 4.5 at any time after the enactment of the 1971 amendments to
this section.
(3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
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7 Cal.App.4th 602, 611, with respect to San Bernardino County
designating a welfare fraud investigator or inspector as a peace
officer under this section.
(c) (1) This subdivision shall apply only to a county of the
seventh class and shall not become operative until it is approved by
the county board of supervisors by ordinance or resolution.
(2) For the purposes of this section, no distinction shall be made
between a position designated as a peace officer position by Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code at the time of the enactment of the 1971 amendments to this
section, and a probation corrections officer position designated as a
peace officer position by any amendment to that Chapter 4.5 at any
time after the enactment of the 1971 amendments to this section.
(3) It is the intent of this subdivision to overrule San
Bernardino County Sheriff's Etc. Assn. v. Board of Supervisors (1992)
7 Cal.App.4th 602, 611, to the extent that it holds that this
section prohibits the County of San Bernardino from designating the
classifications of Probation Corrections Officers and Supervising
Probation Corrections Officers as peace officers. Those officers
shall not be designated as peace officers for purposes of this
section unless that action is approved by the county board of
supervisors by ordinance or resolution.
(4) Upon approval by the Board of Supervisors of San Bernardino
County, this subdivision shall apply to petitions filed in May 2001
by Probation Corrections Officers and Supervising Probation
Corrections Officers.
(d) The right of employees to form, join and participate in the
activities of employee organizations shall not be restricted by a
public agency on any grounds other than those set forth in this
section.
3508.1. For the purposes of this section, the term "police employee"
includes the civilian employees of the police department of any
city. Police employee does not include any public safety officer
within the meaning of Section 3301.
(a) With respect to any police employee, except as provided in
this subdivision and subdivision (d), no punitive action, nor denial
of promotion on grounds other than merit, shall be undertaken for any
act, omission, or other allegation of misconduct if the
investigation of the allegation is not completed within one year of
the public agency's discovery by a person authorized to initiate an
investigation of the allegation of an act, omission, or other
misconduct. This one-year limitation period shall apply only if the
act, omission, or other misconduct occurred on or after January 1,
2002. In the event that the public agency determines that discipline
may be taken, it shall complete its investigation and notify the
police employee of its proposed disciplinary action within that year,
except in any of the following circumstances:
(1) If the act, omission, or other allegation of misconduct is
also the subject of a criminal investigation or criminal prosecution,
the time during which the criminal investigation or criminal
prosecution is pending shall toll the one-year time period.
(2) If the police employee waives the one-year time period in
writing, the time period shall be tolled for the period of time
specified in the written waiver.
(3) If the investigation is a multijurisdictional investigation
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that requires a reasonable extension for coordination of the involved
agencies.
(4) If the investigation involves more than one employee and
requires a reasonable extension.
(5) If the investigation involves an employee who is incapacitated
or otherwise unavailable, the time during which the person is
incapacitated or unavailable shall toll the one-year period.
(6) If the investigation involves a matter in civil litigation in
which the police employee is named as a party defendant, the one-year
time period shall be tolled while the civil action is pending.
(7) If the investigation involves a matter in criminal litigation
in which the complainant is a criminal defendant, the one-year time
period shall be tolled during the period of that defendant's criminal
investigation and prosecution.
(8) If the investigation involves an allegation of workers'
compensation fraud on the part of the police employee.
(b) When a predisciplinary response or grievance procedure is
required or utilized, the time for this response or procedure shall
not be governed or limited by this chapter.
(c) If, after investigation and predisciplinary response or
procedure, the public agency decides to impose discipline, the public
agency shall notify the police employee in writing of its decision
to impose discipline, including the date that the discipline will be
imposed, within 30 days of its decision, except if the police
employee is unavailable for discipline.
(d) Notwithstanding the one-year time period specified in
subdivision (a), an investigation may be reopened against a police
employee if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to
affect the outcome of the investigation.
(2) One of the following conditions exists:
(A) The evidence could not reasonably have been discovered in the
normal course of investigation without resorting to extraordinary
measures by the agency.
(B) The evidence resulted from the police employee's
predisciplinary response or procedure.
3508.5. (a) Nothing in this chapter shall affect the right of a
public employee to authorize a dues or service fees deduction from
his or her salary or wages pursuant to Section 1157.1, 1157.2,
1157.3, 1157.4, 1157.5, or 1157.7.
(b) A public employer shall deduct the payment of dues or service
fees to a recognized employee organization as required by an agency
shop arrangement between the recognized employee organization and the
public employer.
(c) Agency fee obligations, including, but not limited to, dues or
agency fee deductions on behalf of a recognized employee
organization, shall continue in effect as long as the employee
organization is the recognized bargaining representative,
notwithstanding the expiration of any agreement between the public
employer and the recognized employee organization.
3509. (a) The powers and duties of the board described in Section
3541.3 shall also apply, as appropriate, to this chapter and shall
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include the authority as set forth in subdivisions (b) and (c).
Included among the appropriate powers of the board are the power to
order elections, to conduct any election the board orders, and to
adopt rules to apply in areas where a public agency has no rule.
(b) A complaint alleging any violation of this chapter or of any
rules and regulations adopted by a public agency pursuant to Section
3507 or 3507.5 shall be processed as an unfair practice charge by the
board. The initial determination as to whether the charge of unfair
practice is justified and, if so, the appropriate remedy necessary
to effectuate the purposes of this chapter, shall be a matter within
the exclusive jurisdiction of the board. The board shall apply and
interpret unfair labor practices consistent with existing judicial
interpretations of this chapter.
(c) The board shall enforce and apply rules adopted by a public
agency concerning unit determinations, representation, recognition,
and elections.
(d) Notwithstanding subdivisions (a) to (c), inclusive, the
employee relations commissions established by, and in effect for, the
County of Los Angeles and the City of Los Angeles pursuant to
Section 3507 shall have the power and responsibility to take actions
on recognition, unit determinations, elections, and all unfair
practices, and to issue determinations and orders as the employee
relations commissions deem necessary, consistent with and pursuant to
the policies of this chapter.
(e) This section shall not apply to employees designated as
management employees under Section 3507.5.
(f) The board shall not find it an unfair practice for an employee
organization to violate a rule or regulation adopted by a public
agency if that rule or regulation is itself in violation of this
chapter. This subdivision shall not be construed to restrict or
expand the board's jurisdiction or authority as set forth in
subdivisions (a) to (c), inclusive.
3509.5. (a) Any charging party, respondent, or intervenor aggrieved
by a final decision or order of the board in an unfair practice
case, except a decision of the board not to issue a complaint in such
a case, and any party to a final decision or order of the board in a
unit determination, representation, recognition, or election matter
that is not brought as an unfair practice case, may petition for a
writ of extraordinary relief from that decision or order. A board
order directing an election may not be stayed pending judicial
review.
(b) A petition for a writ of extraordinary relief shall be filed
in the district court of appeal having jurisdiction over the county
where the events giving rise to the decision or order occurred. The
petition shall be filed within 30 days from the date of the issuance
of the board's final decision or order, or order denying
reconsideration, as applicable. Upon the filing of the petition, the
court shall cause notice to be served upon the board and thereafter
shall have jurisdiction of the proceeding. The board shall file in
the court the record of the proceeding, certified by the board,
within 10 days after the clerk's notice unless that time is extended
by the court for good cause shown. The court shall have jurisdiction
to grant any temporary relief or restraining order it deems just and
proper, and in like manner to make and enter a decree enforcing,
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modifying, and enforcing as modified, or setting aside in whole or in
part the decision or order of the board. The findings of the board
with respect to questions of fact, including ultimate facts, if
supported by substantial evidence on the record considered as a
whole, shall be conclusive. Title 1 (commencing with Section 1067)
of Part 3 of the Code of Civil Procedure relating to writs shall,
except where specifically superseded by this section, apply to
proceedings pursuant to this section.
(c) If the time to petition for extraordinary relief from a board
decision or order has expired, the board may seek enforcement of any
final decision or order in a district court of appeal or superior
court having jurisdiction over the county where the events giving
rise to the decision or order occurred. The board shall respond
within 10 days to any inquiry from a party to the action as to why
the board has not sought court enforcement of the final decision or
order. If the response does not indicate that there has been
compliance with the board's final decision or order, the board shall
seek enforcement of the final decision or order upon the request of
the party. The board shall file in the court the record of the
proceeding, certified by the board, and appropriate evidence
disclosing the failure to comply with the decision or order. If,
after hearing, the court determines that the order was issued
pursuant to the procedures established by the board and that the
person or entity refuses to comply with the order, the court shall
enforce the order by writ of mandamus or other proper process. The
court may not review the merits of the order.
3510. (a) The provisions of this chapter shall be interpreted and
applied by the board in a manner consistent with and in accordance
with judicial interpretations of this chapter.
(b) The enactment of this chapter shall not be construed as making
the provisions of Section 923 of the Labor Code applicable to public
employees.
3511. The changes made to Sections 3501, 3507.1, and 3509 of the
Government Code by legislation enacted during the 1999-2000 Regular
Session of the Legislature shall not apply to persons who are peace
officers as defined in Section 830.1 of the Penal Code.
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SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 8 ______
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DEPT HEAD: John Cherbone
SUBJECT: Approval of User Agreements with AYSO and CYSA for West Valley College Play
Fields
______________________________________________________________________________
RECOMMENDED ACTION(S):
Approve User Agreements (Attachments 1 & 2) with American Youth Soccer Organization
(AYSO) and California Youth Soccer Association (CYSA) for West Valley College play fields for
organized sport use and authorize the City Manager to execute the same.
REPORT SUMMARY:
Background:
At the September 6, 2006, City Council Meeting, the Council approved a Joint Use Agreement
with West Valley College (Attachment “A” to Attachments 1 & 2) for Sunday games at two of
their play fields.
The addition of these two Sunday game fields creates opportunities to spread out weekend game
activity. These opportunities will enable the City to eliminate Sunday game activity at El Quito
Park. Elimination of Sunday games at El Quito will reduce wear and tear on the turf and will
allow user groups to capture an additional day of practice time increasing from 4 days a week to
5 days a week.
Discussion:
Over the last couple of months AYSO and CYSA worked together to develop a Sunday fall use
schedule for West Valley College by sharing information and field resources (Attachment “B” to
Attachments 1 & 2).
The user agreements for West Valley College are very similar to the user agreements the City
has executed with the various youth sport user groups for Prospect High School and City owned
parks.
According to the fall use schedule 36 hours are reserved for AYSO and 68 hours are reserved for
CYSA for a total of 104 hours. The College has the right to reserve up to three Sundays, which
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will be accounted for by reducing the time available for the user groups. This issue will be
worked out with the College and the user groups prior to the beginning of the fall season.
The agreement between the City and the College stipulates a payment to the College for hourly
usage of the West Valley College play fields. The hourly rate of $35 will be a pass through via
the youth sports groups with whom the City will have agreements. Administrative and City
labor costs and rental of the portable restroom will be borne by the user groups. In addition,
17% of the yearly cost for major maintenance items is included in the user group fee schedules.
(Attachment “C” to Attachments 1 & 2).
It is therefore recommended that Council approve User Agreements with AYSO and CYSA for
West Valley College play fields.
FISCAL IMPACTS:
Approximately $7,141 in annual revenue and expense.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The User Agreements would not be approved and another mechanism for the use of West Valley
play fields would need to be developed.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The User Agreements will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
1. User Agreement: AYSO
2. User Agreement CYSA
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SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 9
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Kristin Borel DIRECTOR: John Cherbone
Public Works Analyst
SUBJECT: Motor Vehicle (MV) Resolutions.
______________________________________________________________________________
RECOMMENDED ACTIONS:
1. Move to adopt the Motor Vehicle Resolution authorizing a red curb on Saratoga Avenue.
2. Move to adopt the Motor Vehicle Resolution authorizing Big Basin Way
3. Move to adopt the Motor Vehicle Resolution authorizing “No Stopping or Parking
Anytime” on Herriman Avenue.
REPORT SUMMARY:
1. Red Curb on Saratoga Avenue
A resident on Saratoga Avenue came before the Traffic Safety Commission (TSC) on August 9,
2007 requesting a red curb on Saratoga Avenue to the west of her driveway. The Council had
recently approved red curbs at the entrance to Sara Park Circle, and as a result traffic began parking
further up Saratoga Avenue and blocking the safe site distance required to exit this driveway safely.
The Traffic Engineer and the TSC reviewed the request and recommended that 20 feet of red curb
be painted on Saratoga Avenue to west of the driveway at 12650 Saratoga Avenue. In order to
enforce the new red curb, it is necessary that the attached Motor Vehicle Resolution be adopted by
City Council.
2. Red Curb on Big Basin Way
The City received a request to review the visibility of pedestrians entering the crosswalk on the
north side of the street at 5th Street and Big Basin Way. The Traffic Safety Commission and the
Traffic Engineer reviewed the request at their August 9, 2007 meeting. There are two 15-minute
parking spaces in front of the “French Laundry” on Big Basin Way, and if a car is parked in the first
space, it blocks a driver’s ability to see a pedestrian entering the crosswalk. The TSC recommended
painting a red curb to replace the first 15-minute space, and to compensate for the loss of this short
term parking, convert one 2-hour parking space to a 15-minute space. To enforce the new red curb
and conversion of a 2-hour parking space to a 15-minute limit, the City Council needs to adopt the
attached Motor Vehicle Resolution.
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3. “No Stopping or Parking ” on Herriman Avenue
At the April 4, 2007 City Council meeting, the Council gave direction to staff to have the TSC
review safety and traffic issues surrounding Saratoga High School. The TSC reviewed a plan
presented by the Traffic Engineer at the June 7, 2007 meeting. As a result of the meeting the TSC
made several recommendations:
1. 2 raised crosswalks – at Lexington and Saratoga Vista, and bulb out on Herriman at
Lexington.
2. Continuous sidewalk on south side (school side) of Herriman, bike lanes on both sides of
Herriman, and the elimination of parking if needed.
3. Safe passage (walkways) on Saratoga Avenue from Herriman to Crestbrook in both
directions.
4. Enforcement of the “No Stopping or Parking” on Lexington.
Currently the restriping of the bicycle lanes on Herriman has remained on hold until the
development and review of a safety plan for Herriman had been established. If the Motor
Vehicle resolution is approved staff would immediately move forward with the restriping of the
new bicycle lanes on Herriman. The remaining recommendations made by the TSC would be
brought forward to be included in this fall’s Capital Improvement Program.
Parking restrictions on the north side of Herriman Avenue from Saratoga Vista to Saratoga Avenue
would need to be established to implement the Traffic Engineer’s plan for bicycle lanes on both
sides of the street. Letters were sent on August 17, 2007 to the affected residents on Herriman
Avenue informing them of the proposed parking restriction, and email responses to the notification
are attached. In order to enforce the new “No Stopping or Parking”, it is necessary that the attached
Motor Vehicle Resolution be adopted by City Council.
FISCAL IMPACTS:
For each location, approximately $250 in labor and materials is required for the City to install signs
or paint the curbs red. These improvements are paid through the CIP which has a fund devoted to
Traffic Safety.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The MV Resolutions would not be adopted and traffic conditions would continue as is.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The signs will be installed, red curbs will be painted, and the Sheriff’s Department will be notified
of the new restrictions.
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ADVERTISING, NOTICING AND PUBLIC CONTACT:
A letter was sent on August 17, 2007 to the affected residents on Herriman Avenue informing them
of the proposed parking restriction.
ATTACHMENTS:
1. Motor Vehicle Resolution authorizing a red curb on Saratoga Avenue
2. Map
3. Motor Vehicle Resolution authorizing a red curb on Big Basin Way
4. Map
5. Motor Vehicle Resolution authorizing “No Parking or Stopping” on Herriman Avenue
6. Map
7. Herriman Striping Plan
8. Letters from residents
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RESOLUTION NO. MV- ______
RESOLUTION RESTRICTING PARKING ON SARATOGA AVENUE
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Saratoga Avenue:
NAME OF STREET DESCRIPTION RESTRICTION
Saratoga Avenue Red curb starting at the southwest No Parking
corner of the driveway at 12650
Saratoga Avenue (APN: 386-14-023) and
continuing south for 20 feet.
This resolution shall become effective at such time as the signs and/or markings are
installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 5th day of September, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
______________________________
Aileen Kao, Mayor
ATTEST:
____________________________
Cathleen Boyer, City Clerk
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RESOLUTION NO. MV- ______
RESOLUTION RESTRICTING PARKING ON BIG BASIN WAY
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Big Basin Way:
NAME OF STREET DESCRIPTION RESTRICTION
Big Basin Way Red curb starting at the northeast No Parking
corner of Big Basin Way at 5th Street and
continuing north for 20 feet in front of 14577
Big Basin Way (APN: 503-25-008). Replacing
a 2-hour parking in front of 14577 Big Basin Way
(APN: 503-25-007) with a 15-minute limit parking.
This resolution shall become effective at such time as the signs and/or markings are
installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 5th day of September, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
______________________________
Aileen Kao, Mayor
ATTEST:
____________________________
Cathleen Boyer, City Clerk
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14577 Big B asin Way Parkin g Res tri ction
0 25 50 75 10012.5 Feet N
Original 15-Minute Parking to be Changed to a Red CurbOriginal 2-Hour Parking to be Changed to 15-Minute Parking
B i g B a s i n W a y
5th Street
Red Curb
TextTwo 15-MinuteParking Spaces
2-HourParking
B i g B a s i n W a y
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RESOLUTION NO. MV- ______
RESOLUTION RESTRICTING PARKING ON HERRIMAN AVENUE
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Herriman Avenue:
NAME OF STREET DESCRIPTION RESTRICTION
Herriman Avenue “No Parking or Stopping Anytime” No Parking or
Starting at the northwest corner of Stopping Anytime
Herriman Avenue where it meets Saratoga
Vista (20121 Herriman, APN: 393-43-011)
and continuing west ending at the corner of
Herriman Avenue where it meets Saratoga
Avenue.
This resolution shall become effective at such time as the signs and/or markings are
installed.
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 5th day of September, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
______________________________
Aileen Kao, Mayor
ATTEST:
____________________________
Cathleen Boyer, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: September 5th, 2007 AGENDA ITEM:_______10___________________
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Morgan Kessler DEPT HEAD: John Cherbone
SUBJECT: 2006 Annual Concrete Repair Project - Extension of Construction Contract to
Perform Additional Work.
RECOMMENDED ACTION:
1. Authorize an increase to the change order authority for an existing construction contract with
George Bianchi Construction, Inc. in the amount of $175,000;
REPORT SUMMARY:
In October of last year, a contract was awarded to George Bianchi Construction, Inc. by the Saratoga
City Council for the 2006 Annual Concrete Repair Project. This contract is generally put out to bid
every year, and includes furnishing all materials, equipment, and labor to repair/replace damaged
curb, gutter, and sidewalk facilities at various locations throughout the City.
One major goal of this project was to address the El Quito area, which has historically suffered
significant drainage problems due to its relatively shallow grades and root-damaged curbs. To make
matters worse, this area has been identified by County Vector Control as a problem area for West
Nile Virus-infected mosquitoes. To address these issues, whole lengths of curbing between
intersections have been replaced, and frequently much more work was necessary at a particular
location than was originally scoped. In order to quickly do as much as possible to eliminate standing
water, it is recommended that the remainder of the El Quito Drainage CIP funding be directed
towards this current concrete project. By doing this, the major problem areas in the El Quito
neighborhood may be corrected in a timely fashion, all the while taking advantage of our current
contract’s excellent curb/gutter prices.
A portion of this change order will also address additional sidewalk repair including the Village and
exposed aggregate walkway panels located at City Hall.
Therefore, it is recommended that Council approve an increase to the change order authority with
George Bianchi Construction, Inc. for the additional scope of work, in the amount of $175,000.
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FISCAL IMPACTS:
Funding for this additional work is currently programmed in the adopted CIPs and adopted operating
budget, as follows:
El Quito Curb & Gutter Repair: $55,000
Annual Sidewalk Repair $50,000
Civic Center Improvements: $10,000
Facility Improvements: $10,000
Village Sidewalks: $50,000
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The change order for additional work would not be approved and the additional work would not be
performed at this time.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The existing contract will be amended, and the additional work will be scheduled.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None
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SARATOGA CITY COUNCIL
MEETING DATE: September 5th, 2007 AGENDA ITEM: 11
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Morgan Kessler DEPT HEAD:John Cherbone
SUBJECT: 2006 Stormdrain Repair and Upgrade Project – Extension of Construction
Contract to Perform Additional Work.
RECOMMENDED ACTION:
1. Authorize an increase to the change order authority for an existing construction contract with
Furlo & Furlo in the amount of $58,623 for the 2006 Stormdrain Upgrade and Repair
Project.
REPORT SUMMARY:
Last September Council approved a contract for the 2006 Stormdrain Repair and Upgrade Project
with Furlo & Furlo for $181,900, with a change order authority of $46,000. The project has
proceeded smoothly and efficiently, with several historically troublesome locations successfully
repaired and/or upgraded.
These locations include:
Teerlink Ranch Trail Culvert Repair
Marilyn Avenue Drain Inlet Modification
Springer Avenue Storm Drain Line Improvements
Since the project began, several water-related issues have arisen at various locations throughout
town that need attention before to onset of the rainy season. Extending the current stormdrain
contract to perform this work would be advantageous both in terms of timeliness and cost, as the
present contractor’s prices have repeatedly proven to be quite reasonable for the level of
workmanship they provide. All locations could be completed well before mid-October.
Therefore, it is recommended that Council approve an increase to the change order authority with
Furlo & Furlo for the additional scope of work, in the amount of $58,623 to perform this additional
work.
199
FISCAL IMPACTS:
Funding for this additional work is currently programmed in the adopted CIP in the Annual Storm
Drain Repair Project and the Teerlink Ranch Trail Repair Project.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The contract will not be extended, and the additional stormdrain work will not be performed at this
time.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The contract’s scope will be modified and the contractor will be issued a Change Order. Work will
commence shortly thereafter.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None
200
201
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 12
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Shweta Bhatt DIRECTOR: John Livingstone
SUBJECT: 13855 Saratoga Avenue; Application 07-385 for Landmark Status and Mills Act
Agreement
RECOMMENDED ACTION:
The Heritage Preservation Commission (HPC) recommends the City Council:
(1) Open the public hearing and accept public testimony on the attached Ordinance to designate the
subject property as a historic landmark and Resolution to enter into a Mills Act Agreement;
(2) Close the hearing and introduce and waive first reading of the attached Ordinance;
(3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for
the next regular Council meeting;
(4) Following introduction of the Ordinance, adopt the attached Resolution and direct the City
Manager to enter into a Mills Act Agreement for the property located at 13855 Saratoga Avenue.
BACKGROUND:
On March 05, 2003 the City Council approved the Resolution establishing the City’s participation in the
Mills Act Program. The Mills Act is state sponsored legislation granting local governments the authority
to enter into an agreement with individual property owners to allow reduced property tax payments for
the restoration and continued maintenance of their historic property. This is an economic incentive for
property owners to preserve and maintain their buildings. As part of the agreement, a formal contract
between the property owner and the City is required, thus resulting in a Mills Act Agreement.
PROCESS:
By Council policy, only three Mills Acts contracts can be approved in a single year. A structure needs to
be a City of Saratoga Historic Land Mark as described in Saratoga City Code §13-15 in order for the
Mills Act Program to be applicable. Three (3) owners have requested and have been approved for a Mills
Act Agreement since 2003; none have been approved thus far this year.
DISCUSSION:
As of the early 1880s, the property appears to have been part of a larger site encompassing approximately
5.2 acres and owned by an orchardist named August Johnson. Although the exact date of construction for
the home is unknown, historians estimate the home was built between 1910 and 1913. By the mid-1920s,
the owner of the property, Edward M. Minshall, sold 0.78 acres of site (and the home) to Lycurgus C.
Barnett, who was involved in forming the Saratoga Volunteer Fire Department. Ownership of the
property changed several times between 1946 and 1997 and yet again in 2007, which is when the current
owners purchased the home.
The subject house was named the Lamphear house when it was added to the City’s Historic Resources
Inventory in the 1980s. While association of the house with the Lamphear family is unclear, it is known
Page 1 of 2
202
Page 2 of 2
that the Lamphear family was active in Saratoga and also assisted in the formation of the Volunteer Fire
Department. Significant architectural features include the intricate rock designs on the front façade,
which are thought to be inspired by a neighboring residence owned by Luther Cunningham. Mr.
Cunningham collected rocks and incorporated them into his home.
The HPC reviewed this property as part of a regular meeting on July 10, 2007. The Commission, by 5-0
vote, approved recommendation of designating the subject property as a landmark and recommended the
property for Mills Act consideration to City Council.
FISCAL IMPACT:
With reference to the landmark designation, there is a one-time cost of approximately $200.00 for a
bronze plaque, which will be mounted on the exterior of the residence. The cost of the plaque has been
budgeted for.
With reference to the Mills Act, the City would lose a portion of the property tax normally received from
these properties. The City of Saratoga normally receives approximately $2,575 in property tax based on a
$5,000,000 property and $515 for a $1,000,000 property. The Mills Act would reduce this by
approximately 60%, or $1,545 and $309 respectively. The reduction in taxes may also impact the schools
and other taxing agencies such as the County and the Fire District. Staff resources utilized to prepare the
staff report and process the application is charged to deposit funds provided by the applicant.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The residence would not be designated as a landmark and the future maintenance and rehabilitation of the
existing landmark could be jeopardized without the incentive of the tax break from the Mills Act
Agreement.
ALTERNATIVES:
1. Deny the proposed ordinance and/or resolution.
2. Modify the proposed ordinance and/or resolution.
FOLLOW-UP ACTIONS:
(1) The City Attorney will finalize the ordinance for adoption at the next available meeting,
memorializing the decision of the City Council on this matter;
(2) Record the Mills Act Agreement.
ATTACHMENTS:
1. Ordinance approving the property’s landmark status
2. Resolution approving the Mills Act Agreement
3. Historic Inventory Report (dated April 1987)
4. DPR523 Continuation Sheet (dated May 2007)
5. Affidavit of mailing notices, public notice, and mailing labels
6. Mills Act Historic Property Preservation Agreement (which includes the following exhibits):
a. Property Description
b. Resolution of Approval
c. Base Line Conditions
d. Restoration Plan
203
ATTACHMENT 1
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SARATOGA
DESIGNATING THE PROPERTY KNOWN AS
LAMPHEAR HOUSE AT 13855 SARATOGA
AVENUE AS A HISTORIC LANDMARK
(APN 393-45-017)
The City Council of the City of Saratoga hereby ordains as follows:
Section 1-Findings: After careful review and consideration of the report and
recommendations of the Heritage Preservation Commission concerning the property at
13855 Saratoga Avenue (the “Property”) together with the application and supporting
materials, the City Council hereby determines that:
The Property exemplifies or reflects special elements of the cultural, social,
economic, political, aesthetic, engineering or architectural history of the City, the
County, the State or the nation in that it represents a Craftsman style home
constructed in the early 1900s. The structure exhibits many of the character
defining features of such a home, and has retained these features through history.
The home also fronts on a portion of Saratoga Avenue designated as a heritage
lane.
The Property embodies distinctive characteristics of a style, type, period or
method of construction, or is a valuable example of the use of indigenous
materials in that it “is a distinguished example of a Craftsman residence.
Containing many characteristic details, such as rock walls, knee braces, wood
siding, and multi-lite windows, the strong hand-crafted sense inherent in the
building forms clearly associate the design with bungalows from the period. The
house remains today as a clear representation of its era, in both design and
detailing, and is an excellent example of Craftsman residential architecture in
Saratoga.”
The Property embodies or contributes to unique physical characteristics
representing an established and familiar visual feature of a neighborhood or
district within the City in that it is located on the portion of Saratoga Avenue that
has been designated a heritage lane. It has been designed and constructed in a
distinctive style, including rock detailing on the facades.
Section 2 – Designation: The Property is hereby designated as a Historic Landmark
pursuant to section 13-15.060 of the Saratoga City Code.
Section 3- Publication: This ordinance or a comprehensive summary thereof shall be
published once in a newspaper of general circulation of the City of Saratoga within
fifteen (15) days after its adoption.
204
The foregoing ordinance was introduced and read at the regular meeting of the
City Council of the City of Saratoga held on the 5th day of September, 2007, and was
adopted by the following vote following a second reading on the 19th day of September
2007:
AYES:
NOES:
ABSENT:
ABSTAIN:
Aileen Kao, Mayor
ATTEST:
Cathleen Boyer, City Clerk
205
ATTACHMENT 2
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPROVING 13855 SARATOGA AVENUE
PARTICIPATION IN THE MILLS ACT PROPERTY TAX
ABATEMENT PROGRAM
WHEREAS, the City of Saratoga City Council recognizes the importance of preserving historic
resources in the community and the need to enhance and maintain the unique character of the historic
resources; and
WHEREAS, the City of Saratoga City Council has chosen to participate and support the Mills Act
Property Tax Abatement Program according to California Constitutional Art. XIII-8 and California
Government Code, Article 12, Sections 50280-50290 and California Revenue and Tax Code 439-
439.4; and
WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act Property Tax
Abatement Program is consistent with the City of Saratoga Heritage Preservation Code Chapter 13,
and the General Plan Conservation Element CO.5.0 to “Protect historical and archeological values and
significant geographic landmarks from destruction by development whenever possible” in that
participating in the Mills Act will aid in the preservation of historic resources in the City; and
WHEREAS, the property located at 13855 Saratoga Avenue has been approved as a City designated
Landmark and therefore the preservation of the property as a historic resource is of utmost importance;
and
WHEREAS, the property located at 13855 Saratoga Avenue is the subject of a Mills Act contract
between the City and the property owners dated September 5, 2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it approves
participation in the Mills Act Property Tax Abatement Program for the property located at 13855
Saratoga Avenue immediately upon the effective date of the ordinance approving the Landmark
designation.
The above and foregoing Resolution was passed and adopted at a regular meeting of the City Council
of the City of Saratoga held on the 5th day of September 2007 by the following vote:
206
2 of 2
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Aileen Kao, Mayor
Cathleen Boyer, City Clerk
207
208
209
Page 1 of 10 *Resource Name or #: (Assigned by recorder) 13855 Saratoga Ave.
P1. Other Identifier: Lanphear House
*P2. Location: Not for Publication Unrestricted *a. County Santa Clara
and (P2b and P2c or P2d. Attach a Location Map as necessary.)
*b. USGS 7.5’ Quad Cupertino Date 1980 photorevised T.7S. ; R.1W.; Mount Diablo B.M.
c. Address 13855 Saratoga Ave. City Saratoga Zip 95070
d. UTM: (Give more than one for large and/or linear resources) Zone 10S; 586811mE/ 4124886mN
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate)
Assessor’s Parcel Number: 393-45-017,
northwest side of Saratoga Avenue northeast of Herriman Avenue.
*P3a Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries)
*P3b. Resource Attributes: (List attributes and codes) HP2. Single family property
*P4 Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.)
P5b. Description of Photo: (View, date,
accession #)
*P6. Date Constructed/Age & Sources:
Historic Prehistoric Both
*P7. Owner and Address:
*P8. Recorded by: (Name, affiliation, and
address)
L. Dill, J. Kusz, & F. Maggi
Archives & Architecture
PO Box 1332
San Jose CA 95109-1332
*P9. Date Recorded: May 31, 2007
*P10. Survey Type: (Describe)
Intensive
*P11. Report Citation: (Cite survey report and other sources, or enter “none”.)
*Attachments: NONE Location Map Sketch Map Continuation Sheet Building, Structure and Object Record Archaeological Record
District Record Linear Feature Record Milling State Record Rock Art Record Artifact Record Photograph Record Other (List)
DPR 523A * Required information
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
View from street facing
northwest, May 2007.
Circa 1913, architectural
analysis, 94 years old.
Mike Belshe
13855 Saratoga Ave.
Saratoga CA 95070
None
Although modified over time, this Craftsman bungalow still represents, through its form and
unique original detailing, a distinctive single-family residence of the early twentieth
century. A southeast-facing house with a raised one-and-one-half-story rectangular main mass,
it has a hipped roof accented by a high front ridge gable and second lower front gable
spanning much of the front façade. Each side façade includes a small, central accent gable
over a cantilevered bay window. The west rear corner projects to the side as a sunroom. The
main roof is interrupted at intervals by shed roof dormers retrofitted into the building at
mid-century. The rear façade was modified similarly by a shallow, almost full-width, hipped-
roof second-story addition.
(Continued on page 2, DPR523L)
210
Page 2 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 Continuation Update
DPR523L * Required information
(Continued from page 1, DPR523a, P3a)
The property slopes downward to the northwest. The basement level is at grade at the rear
elevation, although the house sits on a terrace and is surrounded by landscaped retaining
walls away from the foundation. A wooden deck and stairway are located at the side of the
north rear corner.
The setting consists primarily of a large open area containing mature trees, including oaks
and cedars. There are limited underplantings. The front yard has a semi-circular driveway and
a concrete walkway that splits to both sides and circles the house. The edges of the walkways
and some other related landscaping features have stones set randomly into the concrete. The
walkway is level; it is set onto a terrace that surrounds the front of the house. The front
driveway connects at both ends to driveways that follow the sloping grade along both sides of
the house. A detached two-car garage with a simple, rectangular footprint is downhill from
the house at the north corner of the parcel. There is large a flag-type lot to the northeast
and north of the subject parcel. It includes a long driveway and open space to the northeast
of the house. Below and to the rear of the house is a grouping of small cottages.
Surrounding properties are residential with houses of a variety of sizes, styles, and ages.
This portion of Saratoga Avenue is marked as a heritage lane.
The distinguishing feature of this bungalow is its unique stonework. The original front porch
spans the full width of the front façade; its foundation, solid railing, and post piers were
built of cobblestone and ashlar walls that incorporate flower motifs and accent courses
similar to dentil courses. The stonework--without the flower patterns, but with one row of
dentils--extends along both sides of the house foundation, and is continued into the tapered
chimney on the northeast side of the house and forward on both sides of the front steps.
Dentils edge the top and bottom of the railing portion of the porch, as well as the cap of
the chimney; the railing band includes a row of stone daisies: large round rocks, surrounded
by smaller stones. These are smooth, river rock of a sandstone color while the background
stone is rough gray fieldstone. At the floor level of the porch are two rows of rough-hewn
ashlar sandstone interrupted by a vertical keystone pattern over the four cellar windows
within the porch area. The foundation walls have sandstone-colored random fieldstone and
river rock with a single top row of cobblestone dentils. On each side of the cellar windows
on the front façade is a large daisy. At four locations there are flowers with a more pansy-
like appearance. These have small, round stone centers with large, heart-shaped surrounding
stones. They are placed on both sides of the stairs and at the lower, front outer corner
piers. The foundation walls are approximately of even height, as the house is surrounded by
walkways and the grade change is taken up in garden retaining walls. The foundation and
basement retaining walls are concrete. The basement windows are set into the stone pony
walls. Some are original wood 3x2 sash and others have been replaced with aluminum sliders.
The house is clad in horizontal wood siding; this faux tri-board siding has symmetrically
rounded profiles along the grooves (and two false grooves) and is protected by flat boards at
the corners. The gable ends of the house are clad with vertical smooth boards. Separating the
horizontal wall siding and vertical gable siding is a built-up band of two flat boards that
are a continuation of the eave fascia. As common for the period, the eaves are deep and
feature exposed rafter tails that support recent metal gutters. The exposed sheathing is v-
groove. Special detailing includes beveled knee braces that support the rake eaves, beveled
outlookers at each end of the bargeboards, and shallow applied wood keystone design at the
apex of the gable trim. The front gable end has an original, adapted Palladian-style window
unit. The center casement sash has a 2x3 muntin pattern; it is flanked by smaller sash in a
smaller 2x3-lite pattern. The upper gable includes an original window unit with a pair of 2x4
windows mirrored at the centerline with a 2x3 window above the adjacent roof. The roofing
consists of some form of shingles that appear from a distance to be slate or some other form
of composition material, and the roof dormers are clad with wide v-groove, some of which is
laid on the diagonal. Original window trim includes tapered side casings; the header trim is
unadorned, and the windows rest on sill bands or simple sills with plain aprons. On the rear
façade, the new window trim consists of simple flat board casings without sills. Between the
siding and the pony wall is a wide flat bellyband.
(Continued on next page)
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
211
Page 3 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 Continuation Update
DPR523L * Required information
(Continued from previous page)
Entry is through a central recessed porch that was once part of a full-width front porch. The
two sides of the porch have been enclosed with salvaged siding and new windows. The original
design elements of the wider porch remain intact, including the stonework railing, and the
wide, square stucco piers. Original detailing also exists, such as the broad concrete cap
rails, the full-width main beam, and the tapered central beam above the entrance stairs. The
interior of the house retains some of the lower porch floor heights, opening locations, and
ceiling boards; however, much of the original porch has been incorporated into the living
space. The front door has been replaced, and the new windows are vinyl single-hung sash with
faux muntins.
Both sides of the house have a central, cantilevered square bay. The gables project over the
top of them, supported by three knee braces each side. Fenestration on the side elevations
consists of original frames and trim surrounding replacement sash. The bays have symmetrical
tripartite window units. The west corner of the house is a sunroom at the main level. It has
a ribbon of windows on three sides, including the rear façade of the house.
The rear has been modified over time to include a second-story addition with windows the full
width of the rear façade and on both sides. The windows are wood, 1/1, double-hung units. A
modern cantilevered deck has been added to the exterior of this area; the original hipped
roof eaves appear to have been removed at the time of the room addition or deck addition.
Along the main level of the rear façade is a series of windows that enclose what appears to
have been an open porch or screen porch. At the north corner of the walk-out basement is a
recessed screen porch with original windows on the interior wall face. The lower level also
includes a single garage door with a pair of vertical-board swinging doors. The entire rear
wall is clad with wood siding; the foundation has stepped down to a low concrete curb.
There are four dormers in addition to the second-floor addition. They all have exposed rafter
tails and low ribbons of windows. Three of the dormers have shed roofs; the fourth, near the
west corner of the house, has a low gabled roof.
The interiors include many original features; these include coved ceilings, picture molding,
a built-in dining room buffet, doors and door hardware. The upper level is paneled in knotty-
pine and features many built-in cabinets and shelving, typical of the mid-twentieth-century.
The detached two-car garage is of recent construction. It is one story with a gabled roof
covered in composite shingles. Each rake eave is supported on three knee braces, and the
eaves have exposed rafter tails behind a metal “fascia”-style gutter. The cladding is
horizontal shiplap siding composed of a manufactured wood material. The garage opening is
fitted with a modern overhead door with horizontal panels. On this same façade is an 8-panel
door. Trim includes flat-board corner boards and door casings.
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
212
Page 4 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Map Name: USGS Cupertino, CA *Scale: n.t.s. *Date of Map: 1980 pohotorevised
DPR523J * Required information
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
LOCATION MAP Trinomial
213
Page 5 of 10 *NRHP Status Code 3CS
*Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
B1. Historic Name: Lanphear House
B2. Common Name: None
B3. Original use: Single family residential B4. Present Use: Single family residential
*B5. Architectural Style: Craftsman
*B6. Construction History: (Construction date, alterations, and date of alterations)
*B7. Moved? No Yes Unknown Date: n/a Original Location: n/a
*B8. Related Features:
B9a Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Architecture and Shelter Area Saratoga
Period of Significance 1913 Property Type Residential Applicable Criteria (3)
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.)
B11. Additional Resource Attributes: (List attributes and codes) None
*B12. References:
B13. Remarks: Proposed Mills Act contract
*B14. Evaluator: Leslie Dill
*Date of Evaluation: May 31, 2007
DPR 523B * Required information
(This space reserved for official comments.)
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
BUILDING, STRUCTURE, AND OBJECT RECORD
(See page 7)
Constructed circa 1913. Construction of new garage and remodeling of house, date not
determined.
Contemporary garage.
The residential building on this property was constructed in unincorporated Santa Clara
County about 1913. The property configuration at that time was larger than the 0.78 acres
that exists today, being the southernmost corner of a larger 5.2 acre site.
Most of Saratoga is on land that was once part of Quito Rancho, established during
California’s Mexican period. In 1841, then Mexican governor Juan B. Alvarado granted three-
square leagues of land (over 13,000 acres) known as Quito Rancho to Jose Noriega and his
father-in-law Jose Zenon Fernandez. By 1858, the Arguello family owned much of the rancho
and began to subdivide it ranch use during the early years of the valley’s period of
horticultural development. By early 1900s, residential development in Saratoga was booming.
The small lumber and ranching town was evolving into a vacation destination and a ‘streetcar
suburb’ for San Jose which was spurred on by the development of the Interurban railroads.
The railroad afforded residents to travel quickly between Saratoga and San Jose, and the
line ran down parts of Saratoga Ave.. During the 1900's, Saratoga developed an enviable
reputation as a highly desirable place to live. By the middle of the interwar period, the
town became a bedroom community for San Jose, and in 1956, the town of Saratoga was
incorporated to avoid annexation during San Jose era of rapid expansion.
(Continued on next page, DPR523L)
214
DPR 523L * Required information
Page 6 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 Continuation Update
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
(Continued from previous page, DPR523b, B10)
In the early 1880s, the property, which at that time encompassed 5.2 acres, was owned by
August Johnson, an orchardist, who emigrated from Sweden in 1850. Property ownership during
the subsequent 30-plus years was not determined, but by the second decade of the twentieth
century, the house, with its intricate rockwork, was constructed at the southwest corner of
this parcel. It was sited adjacent a short private road that led to a small grouping of
cottages downhill and adjacent Saratoga Creek. No building permits exist for this time
period in unincorporated Santa Clara County, and local property maps and aerial photographs
do not provide additional information to pinpoint the date. The intricate rockwork may be
attributed to or inspired by the neighbor across the street, Luther Cunningham. Local
histories note that Cunningham collected rocks and used them to build his house at 14280
Saratoga Avenue.
In the mid-1920s, the subject property and the parcel to the rear were owned by Edward M.
Minshall. It is likely that the house and rear cottages were constructed by him prior to
this time, although this cannot be determined for certain. Minshall was a department manager
and bookkeeper for the California Prune and Apricot Growers Association. Before moving to
Saratoga, he resided in San Jose. On October 13, 1926, Edward Minshall sold 0.78 acres of
his land (the subject parcel), to Lycurgus C. (L.C.) Barnett (Deeds 275:35). Minshall
continued to live at this location and is listed in the 1930 census, so apparently by that
time was living in one of the cottages to the rear. Barnett, a house painter, was from
Michigan and lived in the house with his wife, Ida. Before moving to California in the early
1920s, Barnett had lived and worked in Detroit, painting automobiles. In Saratoga, he was
involved with the development of the Saratoga Volunteer Fire Department, but little else is
known of him. He died in 1957 after moving to a residence on Big Basin Way. Minshall died in
1941.
Within the City of Saratoga Historic Resources Inventory, the house at 13855 Saratoga Ave.
is named the Lanphear [sic] House. The Lamphear family was active in Saratoga and George
Lamphear was involved in the Saratoga Volunteer Fire Department as well as the outdoor
‘Theater of the Glade’. However, no known associations with this residence and the Lamphear
family have been found. By 1914, the Lamphear family had obtained property in the Campbell
district and by 1920 were living on South Second Street in the unincorporated town of
Campbell. Local oral histories reveal that the family lived on Oak Street in Saratoga and
federal census records indicate that the family was living near Big Basin Way in 1930. By
1943-47, George Lamphear was living in Saratoga, although his address is not known. Other
Lamphear family members were living in Campbell, where Ethan Lamphear worked as manager for
the Campbell Hotel. By 1956, George Lamphear was a foreman at Rosenburg Brothers in Santa
Clara and lived on Orchard Road in Saratoga.
By 1946, the property was owned by Bernard J. and Helen A. Watson. Watson was the school
principal at Saratoga Union Grammar during this period. On November 16, 1946, Watson sold
the property to George F. and Peggy Haines (OR 1413:190). No information has been located on
the Haines family. They owned the property for 10 years, moving to Santa Clara in 1954 and
selling the property to John P. and Dorothy M. Ittner. John Ittner was a maintenance foreman
at Certain-Teed Products. He was also involved with the Saratoga Fire Department, but later
moved to Oregon. More recently, the property was owned by William and Beverly Robinson in
1989 and then by Scott and Bridget Brady in 1997. In 2007, Scott Brady sold the property to
Michael Belshe.
(Continued on next page)
215
DPR 523L * Required information
Page 7 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 Continuation Update
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
(Continued from previous page)
Integrity and character-defining features:
The property maintains adequate historical integrity to embody a distinctive architectural
design of its era, but it does not maintain all of its historical integrity as per the
National Register's seven aspects of integrity. It maintains its original location in
northeast or downtown Saratoga, near the civic center, on a road identified as a “Heritage
Lane.” The property is still surrounded by most of its historic residential setting,
including surrounding houses of similar scale and design, as well as mature street trees. It
retains its early-twentieth-century residential scale and feeling and continues, through its
form and massing and its substantial remaining detailing, to illustrate its associations with
Craftsman-era design. Later modifications, such as the loss of much of the original window
sash, the enclosure of the front porch, and the addition of the roof dormers, are intrusive
in terms of design integrity; however, the original window frames, sills, aprons, sill bands,
and casings have preserved the rhythm and proportions of the original fenestration design, so
the loss is less than significant, and the original rooflines remain fully readable. Because
the building has much of its original materials and architectural elements, the changes
appear reversible. Significant character-defining materials and workmanship have been
preserved, including the unique flower-patterned stonework, along with the siding, knee
braces, and some windows.
EVALUATION
This house, listed on the Saratoga Heritage Resources Inventory under the City’s Criteria “c”
and “e”, is located along a portion of Saratoga Avenue that has been designated a Heritage
Lane. The building has a distinctive character that is expressed through its preserved
materials and overall design. This building represents the period of Craftsman residential
architecture associated with residential development in the region from about the 1906
Earthquake to the early 1920s, and it retains adequate integrity to represent these
associations.
The house at 13855 Saratoga Ave. is a distinguished example of a Craftsman residence.
Containing many characteristic details, such as rock walls, knee braces, wood siding, and
multi-lite windows, the strong hand-crafted sense inherent in the building forms clearly
associate the design with bungalows from the period.
The house remains today as a clear representation of its era, in both design and detailing,
and is an excellent example of Craftsman residential architecture in Saratoga. Given its
recognized historic context along Heritage Lane, it qualifies for the California Register
under Criterion (3). It may also qualify for the National Register under Criterion C in the
future, for its distinctive architecture given a reversal of some of the architectural
changes that have been made over the last few decades.
(Continued from page 5, DPR523b, B12)
Cunningham, Florence R., Saratoga’s First Hundred Years, 1967.
San Jose/Santa Clara County City Directories, 1890-1979.
San Jose Mercury Herald, Minshall obituary, September 24, 1941.
San Jose Mercury Herald, Real Estate Transaction, August 24, 1914.
San Jose Mercury, Death takes L.C. Barnett Retired Paint Contractor. February 18, 1957.
Santa Clara County Clerk-Recorder, Deeds, Maps.
Santa Clara County School District Maps, c1940.
Thompson and West, Historical Atlas of Santa Clara County, 1876.
US Federal Census, 1880, 1900, 1910, 1920, 1930.
Clark, Henry, personal communication with J. Kusz, May 2007.
216
DPR 523L * Required information
Page 8 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 Continuation Update
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Right side elevation, view facing west.
217
DPR 523L * Required information
Page 9 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 Continuation Update
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Left side elevation, view facing east.
218
DPR 523L * Required information
Page 10 of 10 *Resource Name or # (Assigned by recorder) 13855 Saratoga Ave.
*Recorded by L. Dill, J. Kusz, & F. Maggi *Date May 31, 2007 Continuation Update
Detail of stonework at right side elevation, view facing southwest.
State of California – The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
219
ATTACHMENT 5
AFFIDAVIT OF MAILING NOTICES
I, Denise Kaspar , being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18
years; that acting for the City of Saratoga Planning Commission on the 9th day of A u g u s t , 2007, that I
deposited 64 notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto,
with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit:
(See list attached hereto and made part hereof)
that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-
45.060(b) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on
the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet
of the property described as:
Address: 13855 Saratoga Avenue
APN: 393-45-017
that on said day there was regular communication by United States Mail to the addresses shown above.
220
NOTICE OF PUBLIC HEARING
The City of Saratoga’s City Council announces the following public hearing on
WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2007, AT 7:00 P.M.
The hearing will be held in the City Theater, located at 13777 Fruitvale Avenue in Saratoga, California. Details
regarding the project described below are available at the Saratoga Community Development Department, Monday
through Friday 7:30 a.m. – 5:00 p.m.
PROJECT LOCATION: 13855 Saratoga Avenue
PROPERTY OWNER: Belshe
ASSESSOR PARCEL NUMBER: 393-45-017
APPLICATION NUMBER: 07-385
REQUESTED ENTITLEMENT: Historic Landmark Status and Mills Act Contract
PROJECT DESCRIPTION:
The applicant requests: (1) approval to designate the subject property, often known as the Lamphear House, as a
historic landmark; and (2) approval to execute a Mills Act contract with the City. Significant architectural
features of the craftsman style home include unique stone work on the exterior façade and horizontal wood siding.
The property fronts on the portion of Saratoga Avenue designated as a heritage lane. The Heritage Preservation
Commission reviewed this property as part of a regular meeting on July 10, 2007 and approved recommendation
of designating the subject property as a landmark to City Council.
All interested persons may appear and be heard at the above time and place. If you challenge a decision of the City
Council pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised
at the public hearing(s) described in this notice, or in written correspondence delivered to the Saratoga City Council at, or
prior to, the public hearing. In order to be included in the City Council’s information packets, written communications
should be filed on or before the Monday a week before the meeting (August 27th).
This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The
City uses the official roll produced by the County Assessor’s office annually in preparing its notice mailing lists. In
some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered
to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project
described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in
your Community has as much information as possible concerning this project.
/s/Cathleen Boyer, CMC
City Clerk
PUB: 08/22/07
221
August 9, 2007
500' Ownership Listing
Prepared for:
393-45-017
MICHAEL A & HIROKO BELSHE
13855 SARATOGA AVE
SARATOGA CA 95070-5433
393-45-003
PARVIZ & AZITA GHAFFARIPOUR
OR CURRENT OWNER
13765 HERITAGE CREEK CT
SARATOGA CA 95070-5463
393-45-004, 007
COLLEEN M FITZSIMMONS
OR CURRENT OWNER
13735 SARATOGA AVE
SARATOGA CA 95070-5431
393-45-008
GLENFORD DENNEE
2265 EL CAMINO REAL 3
SANTA CLARA CA 95050-4064
393-45-010
LAURENCE S & SARAH PATZMAN
OR CURRENT OWNER
19956 BARONI CT
SARATOGA CA 95070-5429
393-45-011
MUNIZ T E 2007
OR CURRENT OWNER
19978 BARONI CT
SARATOGA CA 95070-0248
393-45-012
ALI REZAI
OR CURRENT OWNER
19963 BARONI CT
SARATOGA CA 95070-5429
393-45-013
GREGORY C GOELZ
OR CURRENT OWNER
19931 BARONI CT
SARATOGA CA 95070-5429
393-45-014
YIPING LIU
OR CURRENT OWNER
19909 BARONI CT
SARATOGA CA 95070-5429
393-45-015
CHUNG YANG
OR CURRENT OWNER
13837 SARATOGA AVE
SARATOGA CA 95070-5433
393-45-016
CONNIE LOZIN
15871 SHANNON RD
LOS GATOS CA 95032
393-45-017
MICHAEL A & HIROKO BELSHE
OR CURRENT OWNER
13855 SARATOGA AVE
SARATOGA CA 95070-5433
393-45-018
ANTHONY L & CYNTHIA
ZUCCARINO
OR CURRENT OWNER
13875 SARATOGA AVE
SARATOGA CA 95070-5433393-45-019
MICHELLE LEE
OR CURRENT OWNER
19952 MORAN LN
SARATOGA CA 95070-5430
393-45-020
LIONEL A & DIANE KIRTON
OR CURRENT OWNER
19984 MORAN LN
SARATOGA CA 95070-5430
393-45-021
JACK L & BETTY IRWIN
OR CURRENT OWNER
19943 MORAN LN
SARATOGA CA 95070-5430
393-45-022
MOLLY KAUFMAN
OR CURRENT OWNER
19987 MORAN LN
SARATOGA CA 95070-5430
393-45-023
HELEN T MORAN
OR CURRENT OWNER
13915 SARATOGA AVE
SARATOGA CA 95070-5435
393-45-024
KAREN L & CHARLES GILL
OR CURRENT OWNER
13935 SARATOGA AVE
SARATOGA CA 95070-5435
393-45-026
LADAN ARTUSY
PO BOX 112
SARATOGA CA 95071-0112
393-45-027
EMILE S & JULIANA
ELEFTERATOS
OR CURRENT OWNER
19955 HERRIMAN AVE
SARATOGA CA 95070-5405
393-45-028
ALLAN M & SUSAN COX
OR CURRENT OWNER
19965 HERRIMAN AVE
SARATOGA CA 95070-5405
393-45-029
CARL & OLIVIA DCOSTA
OR CURRENT OWNER
19975 HERRIMAN AVE
SARATOGA CA 95070-5405
393-45-030
DANIEL E & MARILYN FOUST
OR CURRENT OWNER
19985 HERRIMAN AVE
SARATOGA CA 95070-5405
393-45-031
SHIN-JOU & DUAN-YEE FANG
19933 DOUGLASS LN
SARATOGA CA 95070-5522
222
393-45-032
RICHARD & EDITA YAGOL
OR CURRENT OWNER
19970 LANNOY CT
SARATOGA CA 95070-5423
393-45-033
LAWRENCE D & JUDY REEVE
OR CURRENT OWNER
19960 LANNOY CT
SARATOGA CA 95070-5423
393-45-034
GARY G POE
OR CURRENT OWNER
19951 LANNOY CT
SARATOGA CA 95070-5423
393-45-035
ROBERT A & LISA KUTTER
OR CURRENT OWNER
19961 LANNOY CT
SARATOGA CA 95070-5423
393-45-036
ABHIJEET & PRITI DUGAR
OR CURRENT OWNER
19971 LANNOY CT
SARATOGA CA 95070-5423
393-45-037
BRIAN J & KAREN KERR
OR CURRENT OWNER
19981 LANNOY CT
SARATOGA CA 95070-5423
393-45-038
BARBARA HILL
OR CURRENT OWNER
19991 LANNOY CT
SARATOGA CA 95070-5423
393-45-039, 040
S C V W D
5750 Almaden Exp
San Jose CA 95118
393-45-041
GLENFORD DENNEE
2265 EL CAMINO REAL 3
SANTA CLARA CA 95050-4064
393-45-044
WILLIAM K FOSTER
OR CURRENT OWNER
13741 SARATOGA AVE
SARATOGA CA 95070-5431
393-45-045
WADE E & ROSEMARY PEEBLES
OR CURRENT OWNER
13755 SARATOGA AVE
SARATOGA CA 95070-5431
393-45-046
JULIE STGREGORY
OR CURRENT OWNER
19928 BARONI CT
SARATOGA CA 95070-5429
393-45-047
AARON K HAYASHI
OR CURRENT OWNER
19938 BARONI CT
SARATOGA CA 95070-5429
393-44-025
MARGARET J SMITH
OR CURRENT OWNER
13754 HOWEN DR
SARATOGA CA 95070-5451
393-44-026
SALVADOR A & LAURA
LICCARDO
13744 HOWEN DR
SARATOGA CA 95070-5451
393-37-025
FRANK ZHAO
OR CURRENT OWNER
19857 MERRIBROOK DR
SARATOGA CA 95070-5445
393-37-026
GLENFORD DENNEE
2265 EL CAMINO REAL 3
SANTA CLARA CA 95050-4064
397-30-005
DUANE L & VICKIE BROWN
OR CURRENT OWNER
13860 SARATOGA AVE
SARATOGA CA 95070-5456
397-30-006
ABRAHAM S & HELEN WEI
OR CURRENT OWNER
13850 SARATOGA AVE
SARATOGA CA 95070-5456
397-30-010
PROMOD & DORCAS HAQUE
OR CURRENT OWNER
13780 SARATOGA AVE
SARATOGA CA 95070-5432
397-30-024
VINCENT W & LILY CHEUNG
OR CURRENT OWNER
13820 SARATOGA AVE
SARATOGA CA 95070-5455
397-30-043
JERALD E & JENNIFER WISDOM
OR CURRENT OWNER
13818 SARATOGA AVE
SARATOGA CA 95070-5455
397-30-046
WILLIAM & JULIA SOUSA
OR CURRENT OWNER
13830 SARATOGA AVE
SARATOGA CA 95070-5455
397-30-047
ROMAN CATHOLIC WELFARE
CORP OF S
13724 SARATOGA AVE
SARATOGA CA 95070-5432
397-30-049
JAMES R & JULIE PECK
OR CURRENT OWNER
13846 SARATOGA AVE
SARATOGA CA 95070-5455
397-30-054
JOHN & DEBRA CANTELMO
OR CURRENT OWNER
13840 SARATOGA AVE
SARATOGA CA 95070-5455
397-30-055
BARRY & PATRICIA FORD
1050 SARATOGA AVE
SAN JOSE CA 95129-3402
397-30-062
YUNG & ALYCE WANG
OR CURRENT OWNER
13810 SARATOGA AVE
SARATOGA CA 95070-5455
397-30-063
JEFFREY D TUTTLE
2150 N 1ST ST 101
SAN JOSE CA 95131-2020
397-34-001
VIOLET I & RICHARD ONISHI
OR CURRENT OWNER
13952 SARATOGA AVE
SARATOGA CA 95070-5436
223
397-34-002
LAVANYA KAILAR
OR CURRENT OWNER
13941 SHADOW OAKS WAY
SARATOGA CA 95070-5541
397-34-003
AGOES H & JUMAINI
JUDOPRASETIJO
OR CURRENT OWNER
13953 SHADOW OAKS WAY
SARATOGA CA 95070-5541
397-34-004
ELVIN D & LOIS REAMEY
PO BOX 3357
SARATOGA CA 95070-1357
397-34-007
SHANKAR S & SANDHYA
NARAYAN
OR CURRENT OWNER
13998 SHADOW OAKS WAY
SARATOGA CA 95070-5542
397-34-008
KUMARAVEL A SADRAS
OR CURRENT OWNER
13986 SHADOW OAKS WAY
SARATOGA CA 95070-5542
397-34-009
VALENZUELA TRUST
9775 TAPESTRY DR
GILROY CA 95020-9627
397-34-010
WIGHT TRUST
PO BOX 2261
SARATOGA CA 95070-0261
397-34-011
DWIGHT N & JUDITH BAIRD
OR CURRENT OWNER
13950 SHADOW OAKS WAY
SARATOGA CA 95070-5542
CITY OF SARATOGA
ATTN: Shweta Bhatt
13777 FRUITVALE AVE
SARATOGA CA 95070
Advanced Listing Services
P.O. Box 2593
Dana Point CA 92624
224
225
ATTACHMENT 6
Recording Requested by:
City Attorney
City of Saratoga, California
When Recorded, Mail to:
Office of the City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Form per Gov't Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER'S USE]
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement, ("Agreement"), is made and entered into this 5th day of September,
2007, by and between, Michael Belshe and Hiroko Belshe ("Owner"), Owner of the real
property described below, and the City of Saratoga, California, a municipal corporation,
("City"). City and Owner may be referred to herein individually as a "Party" or collectively
as the "Parties" or the "Parties to this Agreement."
A. Recitals.
(1) California Government Code Section 50280, et seq. authorizes the City to
enter into contracts with owners of qualified historical properties to provide for the use,
maintenance, and restoration of historical properties so as to retain characteristics of
historical significance.
(2) Owner possesses fee title in and to (together with associated structures and
improvements thereon) the real property described in Exhibit A to this Agreement and
referenced herein as the Historic Property. The Historic Property is shown on the 2007
Santa Clara County Property Tax Rolls as Assessors' Parcel Number 393-45-017 and as of
the Effective Date is generally referenced by the following street address 13855 Saratoga
Avenue in the City of Saratoga.
(3) The Historic Property was designated by the City as a historic landmark by
Ordinance No. and the City has determined that this Agreement is necessary to allow
the restoration, rehabilitation, and maintenance of the Historic Property.
(4) City and Owner, for their mutual benefit, now desire to enter into this
agreement both to protect and preserve the characteristics of historical significance of the
Historic Property and to qualify the Historic Property for an assessment of valuation
pursuant to Section 439.2 of the California Revenue and Taxation Code. The Resolution of
the City Council approving this Agreement is attached hereto as Exhibit B.
226
Page 2 of 14
B. Agreement.
City and Owner, in consideration of the mutual covenants and conditions set forth
herein and the recitals set forth above, do hereby agree as follows:
(1) Term of Agreement.
(a) This Agreement shall be effective and commence on the date recorded
in the Santa Clara County Recorder’s Office (“Effective Date”) and shall remain in effect for
a term of ten (10) years thereafter.
(b) Each year on the anniversary of the Effective Date ("Renewal Date"),
the term of the Agreement shall be extended by one year unless notice of non-renewal is
served as provided herein.
(c) In accordance with Government Code section 50282 if either Owner or
City desire in any year not to renew the Agreement, that Party shall serve on the other
Party written notice of non-renewal. Notice of non-renewal by City shall be filed at least
sixty days prior to the Renewal Date. Notice of non-renewal by Owner shall be filed at least
ninety prior to the Renewal Date. Either party may protest a notice of non-renewal. A
notice of non-renewal may be withdrawn at any time prior to the Renewal Date by serving
the other Party with a notice of withdrawal of the notice of non-renewal. If a Party serves
and does not withdraw a notice of non-renewal the Agreement shall remain in effect for ten
years from the next Renewal Date as stated in this contract.
(2) Condition of Historic Property. The characteristics that contribute to the
historic significance of the Historic Property and the condition of the Historic Property as of
the Effective Date are documented in Exhibit C to this Agreement (“Baseline Conditions”).
(3) Standards for Historical Property. During the term of this Agreement, the
Historic Property shall be subject to the following conditions, requirements, and restrictions:
(a) Owner shall immediately implement the list of goals and general
improvement plans for maintenance, restoration and rehabilitation of the Historic Property
as set forth in Exhibit D to this Agreement (“Restoration Plan”) in order to bring the Historic
Property into conformance with the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, the Secretary of the
Interior’s Standards for Rehabilitation and the State of California's Historic Building Code
(collectively, the “Applicable Rules”). Thereafter, Owner shall preserve and maintain the
characteristics that contribute to the historic significance of the Historic Property. This
shall include, but not be limited to, maintaining the Historic Property in good repair and
conducting all use, maintenance, repair, restoration, and preservation in accordance with
227
Page 3 of 14
the Applicable Rules and all other City, State, and Federal laws.
(b) Nothing in this Agreement shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or on the Historic Property that
does not involve a change in design, material, or external appearance thereof. Nor does
this Agreement prevent the construction, reconstruction, alteration, restoration, demolition,
or removal of any such external architectural feature when the Community Development
Director determines that such action is required for the public safety due to an unsafe or
dangerous condition which cannot be rectified through the use of the California State
Historic Building Code and when such architectural feature can be replaced according to
the standards described in subsection (a), above.
(c) The California State Historic Building Code ("SHBC") provides
alternative building regulations for the rehabilitation, preservation, restoration, or relocation
of structures designated as Historic Properties. The SHBC shall be used in the City’s
building permit procedure for the Historic Property, except as otherwise provided in this
agreement or the SHBC. Nothing in this Agreement shall be deemed to prevent any fire,
building, health, or safety official from enforcing laws, ordinances, rules, regulations, and
standards to protect the health, safety, welfare, and property of the Owner or occupants of
the Historic Property or the public.
(d) Owner shall maintain the Historic Property in a manner that does not
block the view of the Historic Property from sites accessible to the public with any new
structure, fence, shrubbery, or other landscaping.
(4) Provision of Information.
(a) Within thirty days of any request, Owner shall furnish City with any and
all information requested by City relevant to this contract to determine compliance with the
terms and provisions of this Agreement.
(b) Owner shall keep and preserve, for at least ten years beyond the term
of this Agreement, all records as may be necessary to determine the eligibility of the
property involved, and Owner’s compliance with the terms and provisions of this
Agreement. These records shall include, but not be limited to photographs, blueprints,
permits, historical and/or architectural review approvals. In the event the Historic Property
is sold, the Owner of the property at the time of sale shall transfer all such records to the
new Owner of the Historic Property.
(c) Owner shall submit annually to the Community Development Director a
report which shall specify all work completed during the preceding twelve months to comply
with the requirements of this Agreement and report on such other items as may be
specified by the Community Development Director.
228
Page 4 of 14
(d) Owner shall allow for periodic examinations, by prior appointment, of
the interior and exterior of the Historic Property by representatives of the County Assessor,
State Department of Parks and Recreation, State Board of Equalization, (collectively the
“Interested Agencies”) and/or the City. The Community Development Director shall
determine when periodic examinations by the City may be necessary to determine the
eligibility of the property involved, and to determine Owner’s compliance with the terms and
provisions of this Agreement. Examinations by representatives of the Interested Agencies
shall be made as deemed necessary by those agencies.
(5) Cancellation.
(a) CITY, following a duly noticed public hearing as set forth in California
Government Code Section 50285, may cancel this Agreement if it determines one or more
of the following:
(i) Owner has breached any of the terms or conditions of this
Agreement;
(ii) Owner has allowed the Historic Property to deteriorate to the
point that it no longer meets the standards of the Applicable
Rules or no longer qualifies as a City of Saratoga historic
landmark;
(iii) Owner has allowed the property to deteriorate to the point that
it no longer meets standards as provided for in Chapter 16 of
the Saratoga City Code including, but are not limited to, the
Uniform Housing Code, the Uniform Fire Code, and the
Uniform Code for the Abatement of Dangerous Buildings;
(iv) Owner has not complied with other local, state, or federal laws
and regulations.
(b) In the event of cancellation, OWNER shall be subject to payment of
those cancellation fees set forth in California Government Code Sections 50280, et seq.
(6) No Waiver of Breach. No waiver by City of any breach under this
Agreement shall be deemed to be a waiver of any other subsequent breach. City does not
waive any claim of breach by Owner if City does not enforce or cancel this Agreement. All
other remedies at law or in equity which are not otherwise provided for under the terms of
this Agreement or in the City's laws and regulations are available to the City.
(7) Enforcement. In lieu of and/or in addition to any provisions to cancel the
229
Page 5 of 14
Agreement, City may specifically enforce, or enjoin the breach of the terms of this
Agreement. In the event of a default by Owner City shall give written notice of the violation
to Owner by registered or certified mail addressed to the address provided for notice in this
Agreement. The violation shall be corrected to the reasonable satisfaction of City within
thirty days of the date the notice is mailed. Where the violation cannot reasonably be cured
within sixty days, actions to cure the violation shall be commenced within sixty days and
pursued diligently to completion within a reasonable period of time to be determined by the
City. If the violation is not timely cured then the City may, without further notice, declare a
default and bring any action necessary to specifically enforce the obligations of Owner
under this Agreement, apply to any state or federal court for injunctive relief or apply for
such other relief as may be appropriate. The City’s right to enforce this Agreement shall in
no way limit or restrict its rights or legal remedies arising under other provisions of local,
state, or federal law, including the historic preservation regulations under the City’s
municipal code.
(8) Binding Effect of Agreement.
(a) Owner hereby voluntarily subjects the Historic Property to the
covenants, reservations, and restrictions as set forth in this Agreement. The Parties hereby
declare their specific intent and agreement that all of the agreements, rights, covenants,
reservations, and restrictions contained in this Agreement shall be binding upon and shall
inure to the benefit of the parties herein, their heirs, successors, legal representatives,
assigns and all persons acquiring any part or portion of the Historic Property, whether by
operation of law or in any manner pursuant to this Agreement. Each and every contract,
deed, or other instrument hereinafter executed, covering, encumbering, or conveying the
Historic Property, or any portion thereof, shall conclusively be held to have been executed,
delivered, and accepted subject to the covenants, reservations, and restrictions expressed
in this Agreement, regardless of whether such covenants, reservations, and restrictions are
set forth in such contract, deed, or other instrument. Prior to sale of the Historic Property,
Owner shall give notice to the City.
(b) City and Owner hereby declare their understanding and intent that the
burden of the covenants, reservations, and restrictions set forth herein touch and concern
the land in that Owner has a legal interest in the Historic Property and this Agreement
relates to and affects the use of the Historic Property.
(c) City and Owner hereby further declare their understanding and intent
that the benefit of such covenants, reservations, and restrictions touch and concern the
land by enhancing and maintaining the historic characteristics and significance of the
Historic Property for the benefit, which includes, but is not limited to the benefit to the public
street named in the recitals to this Agreement, City, residents of City and of the State of
California, and Owner.
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Page 6 of 14
(9) Notice.
(a) Any notice required to be given by the terms of this Agreement shall be
provided at the address of the respective parties as specified below or at any other address
as may be later specified by the parties hereto.
CITY: City of Saratoga
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
OWNER: Michael Belshe and Hiroko Belshe
13855 Saratoga Avenue
Saratoga, CA 95070
(10) No Partnership or Joint Enterprise Created. None of the terms, provisions,
or conditions of this Agreement shall be deemed to create a partnership between the
parties hereto and any of their heirs, successors, or assigns; nor shall such terms,
provisions, or conditions cause them to be considered joint ventures or members of any
joint enterprise.
(11) Hold Harmless and Indemnification. Owner agrees to protect, defend, hold
harmless and indemnify City, its City Council, commissions, officers, agents, and
employees from and against any claim, injury, liability, loss, cost, and/or expense or
damage, however same may be caused, including all costs and reasonable attorney's fees
in providing a defense to any claim arising there from for which Owner shall become legally
liable arising from Owner’s acts, errors, or omissions with respect to or in any way
connected with the prosecution of the work performed by Owner pursuant to this
Agreement. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, by reason of the conduct referenced in this
Agreement regardless of whether City prepared, supplied, or approved any plans,
specifications, other documents, or any proposed conduct relating to the Historic Property.
(12) Attorneys' Fees. In the event legal proceedings are brought by any Party or
Parties to enforce or restrain a violation of any of the covenants, reservations, or
restrictions contained herein, or to determine the rights and duties of any Party hereunder,
each party in the proceedings shall pay its own attorney's fees.
(13) Recordation and Notice. No later than twenty (20) days after the parties
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Page 7 of 14
execute and enter into this Agreement, City shall cause this Agreement to be recorded in
the office of the County Recorder of the County of Santa Clara. Owner shall provide written
notice of this agreement to the Office of Historic Preservation of the Department of Parks
and Recreation no later than six (6) months of entering into this Agreement and shall
provide the City with a copy of such notice at the time it is filed.
(14) Fees. The Community Development Director may assess and Owner shall
pay such Mills Act Historic Property Contract fees for the administration of this Agreement
as may be authorized from time to time by the City Council.
(15) Severability. If any section, sentence, clause, or phrase of this Agreement
is, for any reason, held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, or by subsequent preemptive legislation, such decision shall not
affect the validity and enforceability of the remaining provisions, or portions of this
Agreement, and shall not be affected thereby. City and Owner hereby declare that each
would have approved and accepted this Agreement, and each section, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid or unconstitutional.
(16) Integrated Agreement - Totality of Agreement. This Agreement embodies
the agreement between City and Owner and its terms and conditions. No other
understanding, agreements, or conversations, or otherwise, with any officer, agent, or
employee of City prior to execution of this Agreement shall affect or modify any of the terms
or obligations contained in any documents comprising this Agreement. Any such verbal
agreement shall be considered as unofficial information and in no way binding upon City.
All Exhibits to this Agreement are hereby incorporated and made a part of this Agreement.
(17) Captions. The captions of the various sections, paragraphs and
subparagraphs are for convenience only and shall not be considered or referred to in
resolving questions of interpretation.
(18) Governing Statutes and Law. This Agreement shall be governed and
construed in accordance with the statutes and laws of the State of California.
(19) Amendments. This Agreement may be amended, in whole or in part, only by
a written recorded instrument executed by the parties hereto.
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Page 8 of 14
IN WITNESS WHEREOF, CITY and OWNER have executed this Agreement on the
day and year first written above.
CITY OF SARATOGA, CALIFORNIA,
a California municipal corporation
____________________________
City Manager
ATTEST:
Address:
13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: (408) 868-1222
Fax Number: (408) 868-8555
____________________________
City Clerk
Approved as to Form: _____________________________
C i t y A t t o r n e y
OWNER [Notarized Signature(s) Required]
By: _____________________________
Name: Michael Belshe and Hiroko Belshe
Title: Owners
Local Address: 13855 Saratoga Avenue Saratoga, CA 95070
Telephone: (408) 718 - 6885
Exhibit List
Exhibit A – Legal Description of Historic Property
Exhibit B – City Council Resolution Approving Agreement
Exhibit C – Baseline Conditions of Historic Property
Exhibit D – Restoration Plan
233
LEGAL DESCRIPTION OF HISTORIC PROPERTY
Exhibit A
The Historic Property that is the subject of this Agreement is the real property described
below including all structures and improvements thereon:
All that certain real property situated in the City of Saratoga, County of Santa Clara,
State of California, described as follows:
APN: 393-45-017
Beginning at an iron pipe set in the northwesterly line of Saratoga Ave at the most
southerly corner of that tract deeded to L.C. Barnett by Edward M. Minshall by deed
dated October 13, 1928, recorded in book 276 of official records, page 35 and running
thence along the northwesterly line of Saratoga Ave, north 34˚ 54’E 80 feet to an iron
pipe; and running thence parallel with southwesterly line of said tract deed to L.C.
Barnett, North 56˚ W 170 feet to an iron pipe; and running thence parallel with the
northwesterly line of Saratoga Ave, south 34˚ 54’W 80 feet to an iron pipe set in the
southwesterly line of said tract deeded to L.C. Barnett and running thence along the
southwesterly line of said tract, south 56˚ E, 170 feet to the point of the beginning.
234
Resolution of the City Council of the City of Saratoga approving the
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
Exhibit B
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA APPROVING 13855 SARATOGA AVENUE
PARTICIPATION IN THE MILLS ACT PROPERTY TAX
ABATEMENT PROGRAM
WHEREAS, the City of Saratoga City Council recognizes the importance of preserving
historic resources in the community and the need to enhance and maintain the unique
character of the historic resources; and
WHEREAS, the City of Saratoga City Council has chosen to participate and support the
Mills Act Property Tax Abatement Program according to California Constitutional Art. XIII-8
and California Government Code, Article 12, Sections 50280-50290 and California
Revenue and Tax Code 439-439.4; and
WHEREAS, the City of Saratoga City Council finds that participating in the Mills Act
Property Tax Abatement Program is consistent with the City of Saratoga Heritage
Preservation Code Chapter 13, and the General Plan Conservation Element CO.5.0 to
“Protect historical and archeological values and significant geographic landmarks from
destruction by development whenever possible” in that participating in the Mills Act will aid
in the preservation of historic resources in the City; and
WHEREAS, the property located at 13855 Saratoga Avenue has been approved as a City
designated Landmark and therefore the preservation of the property as a historic resource
is of utmost importance; and
WHEREAS, the property located at 13855 Saratoga Avenue is the subject of a Mills Act
contract between the City and the property owners dated September 5, 2007.
NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Saratoga that it
approves participation in the Mills Act Property Tax Abatement Program for the property
located at 13855 Saratoga Avenue immediately upon the effective date of the ordinance
approving the Landmark designation.
The above and foregoing Resolution was passed and adopted at a regular meeting of the
City Council of the City of Saratoga held on the 5th day of September 2007 by the following
vote:
235
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Aileen Kao, Mayor
Cathleen Boyer, City Clerk
236
BASELINE CONDITIONS OF HISTORIC PROPERTY
Exhibit C
1. NAME OF PROPOSED MONUMENT: Lamphear House
2. ADDRESS: 13855 Saratoga Ave, Saratoga, CA
3. ASSESSOR’S PARCEL NUMBER: 393-45-017
4. COMPLETE LEGAL DESCRIPTION:
Beginning at an iron pipe set in the northwesterly line of Saratoga Ave at the
most southerly corner of that tract deeded to L.C. Barnett by Edward M. Minshall
by deed dated October 13, 1928, recorded in book 276 of official records, page
35 and running thence along the northwesterly line of Saratoga Ave, north 34˚
54’E 80 feet to an iron pipe; and running thence parallel with southwesterly line of
said tract deed to L.C. Barnett, North 56˚ W 170 feet to an iron pipe; and running
thence parallel with the northwesterly line of Saratoga Ave, south 34˚ 54’W 80
feet to an iron pipe set in the southwesterly line of said tract deeded to L.C.
Barnett and running thence along the southwesterly line of said tract, south 56˚
E, 170 feet to the point of the beginning.
5. RANGE OF ADDRESSES: 13855 Saratoga Ave
6. PRESENT OWNERS: Michael Belshe & Hiroko Belshe
7. OWNERSHIP: Private
8. PRESENT AND ORIGINAL USE: Same
9. ARCHITECTURAL STYLE: Craftsman
10. PRESENT PHYSICAL DESCRIPTION: See project file at City of Saratoga
11. CONSTRUCTION DATE: Circa 1913
12. ARCHTECT, DESIGNER, OR ENGINEER: Unknown
13. CONTRACTOR/BUILDER: Unknown
14. PHOTOGRAPHS: See project file at City of Saratoga
15. CONDITION: See project file at City of Saratoga
237
16. ALTERATIONS: See project file at City of Saratoga
17. THREATS TO THE SITE: The site is located on Saratoga Ave. Private
development or zoning changes are potential threats to the site.
18. STATEMENT OF SIGNIFICANCE:
The house at 13855 Saratoga Ave. is a distinguished example of a Craftsman
residence. Containing many characteristic details, such as rock walls, knee
braces, wood siding, and multi-lite windows, the strong hand-crafted sense
inherent in the building forms clearly associate the design with bungalows from
the period.
The house remains today as a clear representation of its era, in both design and
detailing, and is an excellent example of Craftsman residential architecture in
Saratoga. Given its recognized historic context along Heritage Lane, it qualifies
for California Register under Criterion (3). It may also qualify for the National
Register under Criterion C in the future, for its distinctive architecture given a
reversal of some of the architectural changes that have been made over the last
few decades.
19. SOURCES: See project file at City of Saratoga
20. PREPARER: L. Dill, J Kusz, & F Maggi; Archives & Architecture, PO Box 1332,
San Jose, CA
238
RESTORATION PLAN
Exhibit D
Year 1:
Fumigate & repair fungus damaged wood.
Replace exterior windows in sunroom.
Replace roof.
Year 2:
Rebuild chimney & seismic retrofit.
Paint interior throughout.
Add fencing.
Year 3:
Paint exterior.
Year 4:
Replace some of the exterior windows.
Regular maintenance.
Year 5:
Remodel downstairs bathroom.
Repair damage in hardwood floors, refinish.
Year 6:
Repair basement foundation.
Update landscaping.
Year 7:
Remodel kitchen.
Repair deck.
Year 8:
Replace furnace.
Update and refinish interior doors.
Year 9:
Remodel in-law unit.
Year 10:
Maintenance on exterior stone.
Remodel upstairs bath.
239
SARATOGA CITY COUNCIL
MEETING DATE: September 5, 2007 AGENDA ITEM: 13
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Appeal of the Planning Commission’s June 13, 2007 Modification of Use
Permits for St. Archangel Michael Serbian Orthodox Church at 18870 Allendale
Avenue
RECOMMENDED ACTION:
Conduct public hearing. Direct staff to continue hearing to September 19, 2007.
REPORT SUMMARY:
On August 31 the appellants filed a request for a continuance of this matter. In accordance with
the City Council’s policy on requests for continuances the hearing date should be continued to
September 19, 2007. (This is the next regular City Council meeting.) Because the September 5
hearing date has been publicly noticed, the matter must remain on the agenda in accordance with
the continuance policy. The policy provides that if a request is received after the hearing date
has been publicly noticed, the hearing will remain on the agenda for the date noticed and that the
Council will receive public testimony at that hearing if any member of the public wishes to
testify. Following the conclusion of public testimony, the Council votes to continue the hearing
the next regular meeting of the City Council. Any public testimony provided at the initial
hearing date is a part of the record for consideration at the continued hearing date.
The request for continuance is attached. A letter objecting to the continuance is also attached.
Because the request for continuance is in accord with the City’s policy for processing
continuances staff recommends that Council proceed in accordance with the policy.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
240
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the Council Agenda.
ATTACHMENTS:
Attachment A – Letter from Rhonda Huff
Attachment B – Letter from Berliner Cohen
241
From: Rhonda Huff [mailto:rhonda.huff@comcast.net]
Sent: Friday, August 31, 2007 12:03 PM
To: 'Brett Bennett'; 'Diane Drewke'
Cc: 'Jonathan Wittwer'; drbarr@pacbell.net
Subject: Postponment of September 5, 2007 Appeals Hearing
Hi Brett and Jonathan:
To follow Brett’s message forwarded below regarding the delayed response to our Public
Records request, we will clearly need to postpone the upcoming City Council Appeals Hearing
currently scheduled for September 5, 2007. This is required to allow the Saratoga Neighbors
Task Force sufficient and reasonable time to review the new materials provided by the City as
well as receive the forthcoming Staff Report for Appeal to the City Council (will that be completed
by today, is that correct?). In addition, request is hereby made for a copy of the Staff Report to
be forwarded electronically to all the recipients of this e-mail as soon as it is available.
Please let us know when a new date can be set for the Appeals Hearing by replying-all to this
message. Several of our task force members will be on holiday over the long weekend so your
earliest response with a new date or date options would be appreciated.
Best regards,
Rhonda Huff
==============
Rhonda.huff@comcast.net
408-930-9958 (mobile)
242
BERLINER COHEN
ATTORNEYS AT LAW
SANFORD A. BERLINER*ROBERT L. CHORTEK THOMAS P. MURPHY MILES J DOLINGER
ANDREW L. FABER JONATHAN D. WOLF A PARTNERSHIP INCLUDING H. ANN LIROFF LAURA PALAllOLO
RALPH J. SWANSON KATHLEEN K SIPLE PROFESSIONAL CORPORATIONS VICTOR A. PAPPALARDO AARON M. VALENTI
PEGGY L. SPRINGGAY KEVIN F. KELLEY CHRISTIAN E. PICONE SHANNON N. COGAN
JOSEPH E. DWORAK MARK MAKIEWICZ TEN ALMADEN BOULEVARD EILEEN P. KENNEDY KARA L. ERDODI
SAMUEL L. FARB
ALAN J. PINNER
FRANK R. UBHAUS
ROBERTA S. HAYASHI
JEFFREY S. ICAUFMAN
JOUR HOUSTON
ELEVENTH FLOOR
SAN JOSE, CALIFORNIA 95113-2233
THOMAS D. MORELL
SETH J. COHEN
CHRISTINE H. LONG
ANDREW J. GIORGIANNI
FORREST W. HANSEN
GENEVIEVE M. NICKERSON
LINDA A. CALLON BRIAN L. SHETLER BRADLEY G. HEBERT HEATHER H. MUNOZ
JAMES P. CASHMAN JOHN F. DOMINGUE TELEPHONE: (408) 286-5800 DAVID D. WADE SANDRA G. SEPULVEDA
STEVEN J. CASAD HARRY A. LOPEZ FACSIMILE: (408) 998-5388 THOMAS E. EBERSOLE
NANCY J. JOHNSON CHARLES W. VOLPE
JEROLD A. REITON MICHAEL VIOLANTI www.berliner.com
*A Professional Corporation I N ASSOCIATION WITH
OF COUNSEL
RETIRED HUGH L. ISOLA
SAMUEL J. COHEN MCGRANE GREENFIELD LLP STEVEN L. HALLGRIMSON
ROBERT W. HUMPHREYS SAN JOSE • SAN FRANCISCO ERIC WONG
LINDA J. LEZOTTE
NANCY L. BRANDT
DAN W. COOPERIDER
Branch Office — Merced, CA
August 31, 2007
Via Email and U. S. Mail
Cathleen Boyer
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Re: St. Archangel Michael Serbian Orthodox Church
Dear Cathleen:
This letter is written on behalf of St. Archangel Michael Serbian Orthodox Church ("St.
Archangel Michael") concerning the recent request by Ms. Huff for a continuance of the public
hearing scheduled for September 5, 2007.
St. Archangel Michael strongly objects to this request for continuance and requests that
the City Council does not grant it. The idea that the appellants are requesting a continuance at
this late date is extremely prejudicial and violates St. Archangel Michael's right to due process
and a fair hearing.
Further, the grounds for the continuance are disingenuous at best. Ms. Huff stated that
the grounds for the request were as follows:
"To follow Brett's message forwarded below regarding the delayed response to
our Public Records request, we will clearly need to postpone the upcoming City
Council Appeals Hearing currently scheduled for September 5, 2007. This is
required to allow the Saratoga Neighbors Task Force sufficient and reasonable
time to review the new materials provided by the City as well as receive the
UW36590.1
083107-12822001
243
City of Saratoga
August 31, 2007
forthcoming Staff Report for Appeal to the City Council (will that be completed
by today, is that correct?). In addition, request is hereby made for a copy of the
Staff Report to be forwarded electronically to all the recipients of this e-mail as
soon as it is available.
Please let us know when a new date can be set for the Appeals Hearing by
replying-all to this message. Several of our task force members will be on
holiday over the long weekend so your earliest response with a new date or date
options would be appreciated." [Email from Ms. Huff to the City dated August
31, 2007.]
However, the purported grounds for the request for continuance are misleading and
invalid for the following reasons:
1.The City provided the appellants and Neighborhood Task Force the records in
response to its public records request on or about August 21, 2007. This is 15
days prior to the appeal hearing and is clearly sufficient time to review the
records. Appellants could have requested a continuance due to the delay in
receiving the public records 10 days ago and prior to the public hearing being
noticed, but they did not. This tactic is an attempt to gain an unfair advantage at
the inconvenience of the City Council and staff.
2.The public may obtain a copy of the staff report on the Friday preceding the
regularly scheduled public hearing. A claim that this continuance is necessary
because the appellants will receive the staff report the same day as the rest of the
public is disingenuous at best.
The appeal hearing scheduled for September 5, 2007, will be a de novo review of City
Resolution No. 07-056 adopted on June 13, 2007, for St. Archangel Michael's conditional use
permit. The law is clear the grant of a conditional use permit with subsequent reliance by the
permittee creates a fundamental vested right, which may not be revoked or modified without
constitutional rights of due process.1 Therefore, to satisfy our due process rights, we respectfully
request that we are provided written notice of the new hearing date (if rescheduled) and any
written correspondence from the appellants and/or neighbors regarding this appeal hearing.
Further, if at the City Council meeting on September 5, 2007, or at a later rescheduled
date, there are new allegations made against St. Archangel Michael, we reserve the right to
request a continuance to review and respond to any new allegations, evidence and/or documents.
1 Malibu Mountains Recreation, Inc. v. County of Los Angeles (1998) 67 Cal.App.4 th 359, 367; Kerley Industries,
Inc. v. Pima County (9th Cu.r 1986) 785 F.2d 1444, 1446.
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City of Saratoga
August 31, 2007
We look forward to resolving this matter with the City. If you have any further questions
or comments, please do not hesitate to contact me.
Sincerely,
BERLINER COHEN
JO1 HOUS ON
E-Mail: jolie.houston@berliner.com
cc:
St. Archangel Michael
Richard Taylor, City Attorney
Jonathan Wittwer, Asst. City Attorney
John Livingstone, Community Development Director
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