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Home My WebLink About01-15-2020 City Council agenda packetSaratoga City Council Agenda – January 15, 2020 – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING JANUARY 15, 2020 6:00 P.M. STUDY SESSION Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 Study Session on Human Trafficking Awareness 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on January 9, 2020. REPORT FROM STUDY SESSION ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Appointment of Heritage Preservation Commissioner & Oath of Office Recommended Action: Approve the resolution appointing one new member to the Heritage Preservation Commission; and direct the City Clerk to administer the Oath of Office. Proclamation Declaring January 2020 as National Human Trafficking Awareness Month Recommended Action: Present the proclamation to members of “Stop Trafficking on Our Planet” (S.T.O.P.) Saratoga City Council Agenda – January 15, 2020 – Page 2 of 5 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on December 18, 2019. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 12/19/2019 Period 6; 1/7/2020 Period 7. 1.3. Treasurer’s Report for the Month Ended November 30, 2019 Recommended Action: Review and accept the Treasurer’s Report for the month ended November 30, 2019. 1.4. Resolution Authorizing Final Disposition of Certain City Records Recommended Action: Adopt resolution authorizing final disposition of certain city records. 1.5. Citywide Traffic Signals, Lighted Crosswalks and Rectangular Rapid Flash Beacons Maintenance & Call-out Repairs – Amendment to Contract Recommended Action: Move to accept an amendment to contract for Citywide traffic signals, lighted crosswalks and rectangular rapid flash beacons (RRFBs) maintenance & call-out repair services with Bear Electric Solutions (BES) for an additional 6 months to June 30, 2020 for an additional $25,000. 1.6. Climate Action Plan Project Consultant Selection Recommended Action: 1). Authorize the City Manager to enter into a Professional Service Agreement with O’Rourke and Associates in the amount of $60,075. 2). Authorize City Manager to execute change order up to $10,000. 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Discussion of Minimum Wage Recommended Action: Receive report and direct staff accordingly. Saratoga City Council Agenda – January 15, 2020 – Page 3 of 5 3.2. City Council Meeting 2020 Schedule Recommended Action: Provide direction to staff regarding the City Council’s 2020 meeting schedule; and authorize the City Manager to reinstate any cancelled meeting with 72 hours’ notice if any urgent items arise. COUNCIL ASSIGNMENTS Mayor Howard Miller Council Finance Committee Saratoga Sister City Organization Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board West Valley Mayors & Managers Vice Mayor Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County-City Selection Committee Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County- meetings Council Finance Committee Hakone Foundation Board & Executive Committee Public Art Committee Santa Clara/Santa Cruz Airport/Community Roundtable Saratoga Historical Foundation Council Member Rishi Kumar Santa Clara County Library Joint Powers Authority Santa Clara Valley Water District Commission West Valley Clean Water Program Authority West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Cities Association of Santa Clara County Board of Directors Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) Saratoga Ministerial Association West Valley Sanitation District Council Member Yan Zhao Hakone Foundation Board KSAR Community Access TV Board Public Art Committee Santa Clara County-Comprehensive County Expressway Planning Study Policy Advisory Board Saratoga Chamber of Commerce & Destination Saratoga CITY COUNCIL ITEMS Saratoga City Council Agenda – January 15, 2020 – Page 4 of 5 COUNCIL COMMUNICATIONS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on January 9, 2020 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 9th day of January 2020 at Saratoga, California. Debbie Bretschneider, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. These materials are also posted on the City website. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1294. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] 01/15 6:00 p.m. Study Session on Human Trafficking Awareness | 7:00 p.m. Regular Session 02/05 6:00 p.m. Joint Meeting with Santa Clara County Fire at Senior Center, S. Ku Hall | 7:00 p.m. Regular Session 02/19 6:00 p.m. Joint Meeting TBD | 7:00 p.m. Regular Session 02/28 Council Retreat | 8:30 a.m. - 4:30 p.m. | West Valley College, Baltic Room 03/04 5:00 p.m. Planning Commission interviews | 6:00 p.m. Joint Meeting with SASCC | 7:00 p.m. Regular Meeting 03/09 6:00 p.m. Commission Work Plan Study Session with Heritage Preservation, Planning, Library, Traffic Safety, Wildfire Task Force, and Parks & Recreation Commissions in Senior Center. S. Ku Hall CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2020 Saratoga City Council Agenda – January 15, 2020 – Page 5 of 5 03/18 5:30 p.m. Library Commission Interviews | 6:00 p.m. CIP Prioritization Study session | 7:00 p.m. Regular Session 04/01 Tentative -Meeting cancelled 04/15 04/27 6:00 p.m. Joint Meeting with Chamber of Commerce | 7:00 p.m. Regular Session TENTATIVE 6:00 p.m. Budget Study session 05/04 Youth Commission interviews (time tentative) 05/06 6:00 p.m. Joint Meeting with Mountain Winery | 7:00 p.m. Regular Session 05/20 6:00 p.m. Joint Meeting with Board of Supervisor President Joe Simitian | 7:00 p.m. Regular Session 06/03 5:00 p.m. Traffic Safety Commission Interviews | 5:30 p.m. Joint Meeting with Saratoga Neighborhood & Neighborhood Watch in Community Center, Multipurpose room 06/17 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Saratoga Ministerial Association | 7:00 p.m. Regular Session 07/01 5:00 p.m. Closed Session | 7:00 p.m. Regular Session 07/15 Tentative Recess 08/05 Tentative Recess 08/19 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board and Sister City | 7:00 p.m. Regular Session 09/02 5:00 p.m. Commission Interviews for Library & Parks | 6:00 p.m. Joint Meeting with Montalvo Arts | 7:00 p.m. Regular Session 09/16 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session 10/07 5:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees | 6:00 p.m. Joint Meeting - Saratoga Schools and Boards at West Valley College | 7:00 p.m. Regular 10/21 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session 11/04 6:00 p.m. Joint Meeting with KSAR | 7:00 p.m. Regular Session 11/18 6:00 p.m. Joint Meeting with TBD | 7:00 p.m. Regular Session 12/02 5:00 p.m. Commission Interviews for HPC & TSC | 6:00 p.m. Joint Meeting with Historical Foundation |7:00 p.m. Regular Session 12/10 7:00 p.m. Council Reorganization 12/16 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Linda Callon Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue. City Council Joint Meeting Dinner will be provided at the Joint Meeting. The City Council Regular Session begins at 7:00 p.m. in the Civic Theater. STUDY SESSION ON HUMAN TRAFFICKING AWARENESS January 15, 2020 6:00 p.m. –6:50 p.m. Linda Callon Conference Room, City Hall 13777 Fruitvale Avenue Discussion Topics Introductions County Task Force Presentation Stop Trafficking on Our Planet (S.T.O.P.) Report Other Remarks & Wrap Up 5 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, City Clerk SUBJECT:Appointment of Heritage Preservation Commissioner & Oath of Office RECOMMENDED ACTION: Approve the resolution appointing one new member to the Heritage Preservation Commission; and direct the City Clerk to administer the Oath of Office. BACKGROUND: In July 2019, the City opened a recruitment on the Heritage Preservation Commission for one term beginning on January 1, 2020 and ending on December 31, 2024.Applications were accepted until December 11, 2019. One application was received. An interview was conducted on December 18, 2019. The City Council selected the following applicant to serve on the Heritage Preservation Commission: Name Commission Term John Fitzpatrick Heritage Preservation Jan. 1, 2020 -December 31, 2024 ATTACHMENTS: Attachment A –Resolution Attachment B –Oath of Office 6 RESOLUTION NO. 20-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING A MEMBER TO THE HERITAGE PRESERVATION COMMISSION WHEREAS, one vacancy was created on the Heritage Preservation Commission from the expired term of Marilyn Marchetti, who was not eligible for reappointment; and WHEREAS, the City announced the recruitment in July 2019 for one term on the Heritage Preservation Commission beginning on January 1, 2020 and ending on December 31, 2024. The City accepted applications until December 11, 2019, and the City Council conducted interviews on December 18, 2019; and NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following individuals are appointed to the following terms: Name Commission Term John Fitzpatrick Heritage Preservation Jan. 1, 2020 - December 31, 2024 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15th day of January 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor Attest: Debbie Bretschneider, City Clerk DATE: 7 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, John Fitzpatrick, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. John Fitzpatrick, Member Heritage Preservation Commission Subscribed and sworn to before me on this 15th day of January 2020. Debbie Bretschneider City Clerk of Saratoga 8 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, City Clerk SUBJECT:Proclamation Declaring January 2020 as National Human Trafficking Awareness Month RECOMMENDED ACTION: Present the proclamation to members of “Stop Trafficking on Our Planet” (S.T.O.P.) BACKGROUND: January has been designated as National Human Trafficking Awareness Month. Since 2015, a group of local women have participated in a task force called “Stop Trafficking on Our Planet” (S.T.O.P.). S.T.O.P. is trying to identify tangible ways to help eradicate the evil of human trafficking. ATTACHMENTS: Attachment A –Proclamation for National Human Trafficking Awareness Month 9 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING JANUARY 2020 AS NATIONAL HUMAN TRAFFICKING AWARENESS MONTH WHEREAS, Human Trafficking is the act of illegally moving people, typically for the purposes of forced labor or commercial sexual exploitation, and is a modern form of slavery; and WHEREAS, the FBI has identified the San Francisco Bay Area as one of the top 13 sites for child sex trafficking in the country and the National Human Trafficking Hotline receives more calls from California than from any other state; and WHEREAS, in 2015, a local group of women formed a task force to identify tangible ways to help eradicate the evil of human trafficking and named it “Stop Trafficking on Our Planet’ (S.T.O.P.); and WHEREAS, in 2016, during National Human Trafficking Awareness Month, S.T.O.P. hosted an information table at Saratoga Federated Church providing attendees with information to grow awareness of human trafficking in the United States, including the book, In Our Backyard,by Nita Belles; and WHEREAS, S.T.O.P. has been spreading the word about the dangers of human trafficking, including attending the Saratoga Blossom Festival in 2019; and WHEREAS, annually for the last 4 years, S.T.O.P. has held an event, “Hope in the Darkness” to educate everyone on how to protect children from human traffickers; and WHEREAS, “Hope in the Darkness” is on January 26, 2020 from 2:00 -4:00 p.m. at Saratoga Federated Church, and includes Lily’s Wings, a bilingual play for youth about human trafficking. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim and recognize the month of January 2020 as National Human Trafficking Awareness Month and thanks the Stop Trafficking on Our Planet (S.T.O.P.) Task Force for all of the work it is doing to eradicate human trafficking. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of January 2020. _________________________ Howard A. Miller, Mayor City of Saratoga 10 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on December 18, 2019. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A –Minutes for the Regular City Council Meeting on December 18, 2019 11 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 1 of 9 MINUTES WEDNESDAY, DECEMBER 18, 2019 SARATOGA CITY COUNCIL REGULAR MEETING At 5:45 p.m., the City Council held Commission Interviews in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. At 6:00 p.m., the City Council held a Study Session in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. Mayor Miller called the Regular Session to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT:Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Yan Zhao, Rishi Kumar. ABSENT:None ALSO PRESENT:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk John Cherbone, Public Works Director Debbie Pedro, Community Development Director Mary Fury, Administrative Services Director Lauren Pettipiece, Public Information Officer Kayla Nakamoto, Community Engagement Coordinator Nicole Johnson, Planner II Dennis Jaw, Finance Manager REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on December 12, 2019. REPORT FROM STUDY SESSION Mayor Miller announced that the City Council held a Study Session on Council Goals for 2020. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Dory Albert spoke about the Gardner Park neighborhood watch and crime. Henry Coles spoke about speeding in Saratoga and speed calming. 12 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 2 of 9 ANNOUNCEMENTS Mayor Miller announced that Saratoga City Hall is closed December 23 through January 1, that the renovation of the Community Development Lobby has moved the permit counter to the Warner Hutton House, VTA new service plan starting in 2020, Let’s Work Volunteer Day, Paint the City 2020, and Commission recruitments. CEREMONIAL ITEMS Appointment of Traffic Safety Commissioner & Oath of Office Recommended Action: Approve the resolution appointing three new members to the Traffic Safety Commission; and direct the City Clerk to administer the Oath of Office. RESOLUTION 19-064 BERNALD/ZHAO MOVED TO APPROVE THE RESOLUTION APPOINTING THREE NEW MEMBERS TO THE TRAFFIC SAFETY COMMISSION; AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE.MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Commendation for Outgoing Heritage Preservation Commissioner Marilyn Marchetti Recommended Action: Present the commendation to Marilyn Marchetti, recognizing her service on the Heritage Preservation Commission. Mayor Miller and the City Council presented the commendation to Marilyn Marchetti. Commendation for Elva Maciel-Harris Recommended Action: Present the commendation to Elva Maciel-Harris Mayor Miller and the City Council presented the commendation to Elva Maciel-Harris. Commendation Recognizing the 40th Anniversary of Saratoga Area Senior Coordinating Council Recommended Action: Present the commendation recognizing the 40th anniversary of the Saratoga Area Senior Coordinating Council (SASCC). Mayor Miller and the City Council presented the commendation to the Saratoga Area Senior Coordinating Council (SASCC). 13 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 3 of 9 Commendation Recognizing the 30th Anniversary of the Saratoga Amateur Radio Association Recommended Action: Present the commendation recognizing the 30th anniversary of the Saratoga Amateur Radio Association (SARA). Mayor Miller and the City Council presented the commendation to the Saratoga Amateur Radio Association (SARA). 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on December 4, 2019. CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2019. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 12/3/2019 Period 6; 12/10/2019 Period 6. CAPPELLO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/3/2019 PERIOD 6; 12/10/2019 PERIOD 6. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Annual Audit Reports Recommended Action: Review and accept the following annual audit reports for Fiscal Year 2018/19; A. Comprehensive Annual Financial Report (CAFR) B. Transportation Development Act Audit Report (MTC Grants) C. Single Audit Report D. Appropriation Limit Report (Gann, Fiscal Year 2019/20) E. SAS 114 Report F. SAS 112 Report G. State Controller’s Office Financial Transaction Report Summary CAPPELLO/BERNALD MOVED TO ACCEPT THE ANNUAL AUDIT REPORTS FOR FISCAL YEAR 2018/19: INCLUDING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), TRANSPORTATION DEVELOPMENT ACT AUDIT REPORT (MTC GRANTS), SINGLE AUDIT REPORT, APPROPRIATION 14 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 4 of 9 LIMIT REPORT (GANN, FISCAL YEAR 2019/20), SAS 114 REPORT, SAS 112 REPORT, AND STATE CONTROLLER’S OFFICE FINANCIAL TRANSACTION REPORT SUMMARY. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Mayor Miller spoke on this item. 1.4. AB1600 Development Impact Fee Report Recommended Action: Review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2019. CAPPELLO/BERNALD MOVED TO ACCEPT THE ANNUAL AB1600 DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE 30, 2019.MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Annual SB 165 Report Recommended Action: City Council to receive and file the (first) annual report on the Arrowhead Community Facility District (CFD) bond debt, in compliance with the Local Agency Special Tax and Bond Accountability Act. CAPPELLO/BERNALD MOVED TO RECEIVE AND FILE THE (FIRST) ANNUAL REPORT ON THE ARROWHEAD COMMUNITY FACILITY DISTRICT (CFD) BOND DEBT, IN COMPLIANCE WITH THE LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.6. Commission Qualifications and Terms Expiring in 2020 Recommended Action: Accept the list of Commission qualifications and terms expiring in the 2020 calendar year. CAPPELLO/BERNALD MOVED TO ACCEPT THE LIST OF COMMISSION QUALIFICATIONS AND TERMS EXPIRING IN THE 2020 CALENDAR YEAR. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Acceptance of SB 2 Grant Award and Budget Adjustment. Recommended Action: 1. Accept the SB 2 Grant Award and approve the attached resolution for contract expenditure revisions and budget adjustments to the FY 2019/20 Operating & Capital Budgets; and 2. Authorize the City Manager to execute the Standard Agreement for fund distribution. 15 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 5 of 9 RESOLUTION 19-065 CAPPELLO/BERNALD MOVED TO ACCEPT THE SB 2 GRANT AWARD AND APPROVE THE RESOLUTION FOR CONTRACT EXPENDITURE REVISIONS AND BUDGET ADJUSTMENTS TO THE FY 2019/20 OPERATING & CAPITAL BUDGETS; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE STANDARD AGREEMENT FOR FUND DISTRIBUTION. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARING None 3.GENERAL BUSINESS 3.1. Heritage Resource Inventory and Heritage Lanes Recommended Action: Staff recommends that the City Council receive the report and provide direction to staff. Nicole Johnson, Planner II, provided the staff report. Alexandra Nugent, Chair of Heritage Preservation Commission, provided comments. Mayor Miller invited public comment on this item. Marilyn Marchetti, former Heritage Preservation Commissioner, spoke. No one else requested to speak. BERNALD/CAPPELLO MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE WITH THESE ITEMS: A) REQUIRE PROPERTY OWNER CONSENT BEFORE ADDING THEIR PROPERTY TO THE SARATOGA HERITAGE RESOURCE INVENTORY, B) CLARIFY THAT THE HERITAGE LANE DESIGNATION APPLIES ONLY IN THE PUBLIC-RIGHT-OF- WAY AND INCLUDE A DEFINITION OF PUBLIC-RIGHT-OF-WAY FOR CLARITY IN ADMINISTERING THE ORDINANCE, C) ENSURE THAT THE HERITAGE PRESERVATION COMMISSION IS INCLUDED IN REVIEW PROCESS OF PLANNING APPLICATIONS WHEN STAFF DEEMS THE PROPERTY OF HISTORIC INTEREST; AND REQUESTS THESE WORKPLAN ITEMS: A) TO ASK THE HERITAGE PRESERVATION COMMISSION TO REACH OUT TO HERITAGE LANE PROPERTIES TO SEE IF THEY WANT TO BE ON THE HERITAGE INVENTORY LIST, AND B) TO INCLUDE HERITAGE LIST INFORMATION IN THE COMMUNITY OUTREACH PROGRAM.MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 16 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 6 of 9 3.2. Community Event and Street Closure Grant Program Recommended Action: Provide direction on the following items for the Fiscal Year 2020/21 Community Event and Street Closure Grant Program: 1. Community Event Grant Program Secured Funding Recipients and Allocations 2. Community Event Grant Program Competitive Application Process Total Funding 3. Street Closure Grant Program Total Funding Kayla Nakamoto, Community Engagement Coordinator, provided the staff report. Crystal Bothelio, Assistant City Manager, answered questions. Mayor Miller invited public comment on this item. Lisa Oakley spoke No one else requested to speak. CAPPELLO/ZHAO MOVED TO:1) ALLOCATE A TOTAL OF $41,000 FOR COMMUNITY EVENT GRANT PROGRAM SECURED FUNDING AND PROVIDE THE CHAMBER OF COMMERCE CLASSIC CAR SHOW WITH A SECURED FUNDING ALLOCATION OF $10,000 IN FISCAL YEAR 2020/21; 2) ALLOCATE $10,000 FOR THE COMMUNITY EVENT GRANT PROGRAM COMPETITIVE APPLICATION PROCESS IN FISCAL YEAR 2020/21; AND, 3) ALLOCATE $35,000 FOR THE STREET CLOSURE GRANT PROGRAM IN FISCAL YEAR 2020/21, INCLUDING $22,000 IN SECURED STREET CLOSURE GRANT FUNDS FOR THE CHAMBER OF COMMERCE CLASSIC CAR SHOW: AND TO MAKE NO CHANGES TO THE COMMUNITY EVENT GRANT PROGRAM POLICY. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Ban on Sales of Electronic Cigarette & Vaping Devices Recommended Action: Receive report and direct staff accordingly. Crystal Bothelio, Assistant City Manager, provided the staff report. Mayor Miller invited public comment on this item. Don Chan spoke. No one else requested to speak. BERNALD/CAPPELLO MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE FOR CITY COUNCIL CONSIDERATION THAT WOULD AMEND TOBACCO RETAILER LICENSING REQUIREMENTS TO BAN THE SALE OF E- 17 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 7 of 9 CIGARETTES AND VAPING PRODUCTS IN THE CITY OF SARATOGA AND AUTHORIZED STAFF TO SUBMIT A HEALTHY CITIES PROGRAM – TOBACCO-FREE COMMUNITIES FUNDING PROGRAM GRANT APPLICATION FOR ASSOCIATED COSTS. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.4. Adoption of City Council Assignments Recommended Action: Approve the resolution adopting the 2020 City Council assignments. Debbie Bretschneider, City Clerk, provided the staff report. Mayor Miller invited public comment on this item. No one requested to speak. RESOLUTION 19-066 CAPPELLO/ZHAO MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2020 CITY COUNCIL ASSIGNMENTS. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.5. Amendment to City Manager Employment Agreement and Compensation and Benefits Recommended Action: Approve amended employment agreement for the City Manager. Richard Taylor, City Attorney, provided the staff report. Mayor Miller invited public comment on this item. No one requested to speak. RESOLUTION 19-067 CAPPELLO/BERNALD MOVED TO APPROVE AMENDED EMPLOYMENT AGREEMENT FOR THE CITY MANAGER. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 18 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 8 of 9 COUNCIL ASSIGNMENTS Mayor Howard Miller Silicon Valley Clean Energy Authority Board of Directors – the Board is pondering their position on the PG&E bankruptcy. Valley Transportation Authority Board – the VTA Board has new leadership, also received reports that BART has delayed for openings in San Jose, and on the New Next Network. Vice Mayor Mary-Lynne Bernald Santa Clara/Santa Cruz Airport/Community Roundtable – the Board is meeting tomorrow and will be working on a strategic plan Council Member Yan Zhao Saratoga Chamber of Commerce & Destination Saratoga – the Chamber’s Gala has moved to March 2020. Council Member Manny Cappello Cities Association of Santa Clara County Board of Directors – the Cities Association held their holiday event at Saratoga Foothill Club. Saratoga Area Senior Coordinating Council (SASCC)– SASCC held a 40 th anniversary event. West Valley Sanitation District – the meeting was last week and there is nothing to report. Council Member Rishi Kumar No meetings. CITY COUNCIL ITEMS Council Member Cappello had previously nominated a CIP project to add acoustic tiles to the Senior Center. After some preliminary research, it has been discovered that this project may not need a CIP project. The request is for a staff report on the costs involved and to request other funding. Mayor Miller supports the request. Mayor Miller, with support from Council Member Cappello, asked staff to give a report on the California minimum wage law and what other Cities have passed. Mayor Miller asked for the Traffic Safety Commission to look at Saratoga’s road classifications. City Manager Lindsay responded that the Traffic Safety Commission is discussing this subject at their January 2020 meeting. Mayor Miller rescinded his request. COUNCIL COMMUNICATIONS None 19 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 9 of 9 CITY MANAGER'S REPORT City Manager Lindsay thanked the Council. ADJOURNMENT BERNALD/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:47 P.M.MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 20 Evangeline Bundang, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: BACKGROUND: The information listed below provides detail for City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were voided during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 12/19/19 140167 140249 83 970,743.07 12/19/19 12/10/19 140166 01/07/20 140250 140294 45 140,850.42 01/07/20 12/19/19 140249 Accounts Payable checks issued for $20,000 or greater: Date Check #Dept.Amount 12/19/19 140196 Gachina Landscape Management Various PW Landscape Services 29,362.97 12/19/19 140211 PS 504,780.92 12/19/19 140214 PW Tree Services 22,300.00 12/19/19 140225 Various 65,341.72 12/19/19 140246 PW 135,450.08 01/07/20 140280 PW 26,885.00 Accounts Payable checks voided during this time period: AP Date Check #Amount 01/06/20 138712 500.00 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Starting Check #Type of Checks Date SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:Finance & Administrative Services Accounts Payable Accounts Payable 12/19/2019 Period 6; 1/7/2020 Period 7. PREPARED BY: Ending Check # Prior Check Register Checks ReleasedTotal Checks Amount Issued to Lost/Destroyed ReissuedOswaldo Moreno Fund Purpose StatusReason Issued to SC Valley Transportation General CMP Member Dues Wattis Construction Co., Inc CIP Street Projects Fund Prospect Rd Improvements SCC Office of the Sheriff General Law Enforcement Dec 2019 Oscar's Tree Service General Shute Mihaly & Weinberger General Attorney Services 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 SARATOGA CITY COUNCIL MEETING DATE: January 15, 2020 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended November 30, 2019 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended November 30, 2019. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of November 30, 2019, the City had $193,472 in cash deposit at Comerica bank, and $21,861,302 on deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2019: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of November 30, 2019 is $22,054,774 and exceeds the minimum limit required. City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its expenditure requirements for the next six months. As of November 30, 2019, the City’s financial position (Assets $22.8M, Liabilities $4.1M and Fund Equity $18.7M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 193,472$ Deposit with LAIF 21,861,302$ Total Unrestricted Cash 22,054,774$ Cash Summary 36 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash 22,054,774$ Plus: Assets 771,216 Less: Liabilities (4,111,559) Ending Fund Balance 18,714,431$ Adjusting Cash to Ending Fund Balance 37 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 include budgeted transfers. These figures will be updated for future reports once the FY 2017/18 independent audit is completed. Fund Description Prior Year Carryforward 7/1/2019 Increase/ (Decrease) Jul-Oct Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 11/30/2019 General Fund Restricted Fund Balances: Environmental Services Reserve 163,182 - - - - - 163,182 Committed Fund Balances: Hillside Stability Reserve 1,000,000 - - - - - 1,000,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 2,651,287 - - - - 2,620,000 31,287 Carryforwards Reserve 47,647 - - - - - 47,647 Facility Reserve 2,700,000 - - - - - 2,700,000 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - - - 1,000,000 Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000 Compensated Absences Reserve 249,620 - - - - - 249,620 Other Unassigned Fund Balance Reserve (Pre YE distribution)3,717,849 (4,816,456) 2,248,408 1,383,822 - - (234,021) General Fund Total 14,679,585 (4,816,456) 2,248,408 1,383,822 - 2,620,000 8,107,715 Special Revenue Landscape/Lighting Districts 1,621,946 (180,928) 50,716 56,993 - - 1,434,741 Debt Service Library Bond 932,880 (686,465) 1,743 - - - 248,158 Arrowhead Bond 280,735 (276,692) 400 (375,513) - 375,513 4,443 Debt Service 1,213,615 (963,157) 2,143 (375,513) - 375,513 252,601 Internal Service Fund Liability/Risk Management 579,283 (115,666) - 11,709 - - 451,908 W orkers Compensation 274,917 (8,452) 1,938 3,000 - - 265,403 Office Support Fund 120,378 15,400 629 2,249 - - 134,158 Information Technology Services 391,824 77,336 1,628 39,881 - - 430,907 Vehicle & Equipment Maintenance 266,099 56,107 - 16,490 - - 305,716 Building Maintenance 562,504 163,583 - 61,159 - - 664,929 Vehicle & Equipment Replacement 476,586 70,803 - 1,049 - - 546,340 Technology Replacement 489,683 41,258 - 5,272 - - 525,669 Facility FFE Replacement 379,556 100,000 - 23,685 - - 455,871 Internal Service Fund Total 3,540,830 400,370 4,195 164,495 - - 3,780,901 Trust/Agency WVCWP Agency Fund 500,552 124,733 - 59,482 - - 565,803 Arrowhead Project Fund 408,605 - - - 375,513 - 784,118 Trust/Agency Fund Total 909,157 124,733 - 59,482 375,513 - 1,349,921 Capital Project Street Projects 1,837,863 (980,023) 29,275 117,155 675,000 - 1,444,960 Park and Trail Projects 441,144 (57,801) - 3,218 1,495,000 - 1,875,125 Facility Projects 694,065 (298,247) 29,225 39,777 375,000 - 760,267 Administrative Projects 510,728 (115,552) 2,572 89,031 75,000 - 383,717 Tree Fund Projects 74,569 20 600 1,080 - - 74,109 Park In-Lieu Projects 229,701 (4,395) - 10,315 - - 214,991 CIP Grant Street Projects (908,976) 76,677 - - - - (832,300) CIP Grant Park & Trail Projects 65,341 (74,144) - 6,941 - - (15,743) Gas Tax Fund Projects 307,618 (230,537) 51,821 245,480 - - (116,578) CIP Fund Total 3,252,052 (1,684,002) 113,493 512,997 2,620,000 - 3,788,547 Total City 25,217,186 (6,994,705) 2,418,955 1,861,758 2,995,513 2,995,513 18,714,431 38 ATTACHMENT B FUND BALANCES BY CIP PROJECT include *Fund balance overdrawn due to authorized spending of anticipated revenues. budgeted transfers. These figures will be updated for future reports once CIP Funds/Projects Prior Year Carryforward 7/1/2019 Increase/ (Decrease) Jul-Oct Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 11/30/2019 Street Projects Annual Road Improvements (153,490) (473,091) 29,275 15,325 - - (612,630) * Roadway Safety & Traffic Calming 35 - - 32,562 75,000 - 42,473 Prospect/Saratoga Median Improvement 684,926 (330,852) - 16,204 - - 337,871 Citywide Signal Upgrade Project Phase II - - - - 100,000 - 100,000 Fruitvale/Allendale Improvement 250,000 (28,492) - - - - 221,508 Annual Infrastructure Maintenance& Repair 37,978 (204,437) - - 250,000 - 83,541 Village Sidewalk, Curb & Gutter - Phase II Construction 15,530 - - (8,000) 50,000 - 73,530 EL Camino Grande Storm Drain Pump 372,734 (780) - - - - 371,954 Saratoga Village Crosswalk & Sidewalk Rehabilitation 44,000 - - - - - 44,000 Quito Road Sidewalk Improvements 43,370 - - - - - 43,370 Saratoga/Sunnyvale Road Sidewalk - 92,158 - - - - 92,158 Fourth Street Bridge Widening 99,837 - - - - - 99,837 Quito Road Bridge Replacement 119,063 - - - - - 119,063 Quito Road Bridge - ROW Acquisition 32,237 (194) - - - - 32,042 Annual Retaining Wall Maintenance & Repairs 192,899 (34,336) - 61,064 200,000 - 297,499 Underground Project 98,744 - - - - - 98,744 Total Street Projects 1,837,863 (980,023) 29,275 117,155 675,000 - 1,444,960 Parks & Trails Projects Park/Trail Repairs 60,571 (36,670) - 990 100,000 - 122,911 Park & Trail Safety Improvement - - - - 40,000 - 40,000 Hakone Gardens Infrastructure Improvements 38,848 - - - - - 38,848 Guava/Fredericksburg Entrance 45,521 (158) - - 50,000 - 95,363 Saratoga Village to Quarry Park Walkway - Design 31,584 - - - 175,000 - 206,584 Saratoga to Sea Trail - Construction 264,619 (20,972) - 2,228 1,130,000 - 1,371,419 Total Parks & Trails Projects 441,144 (57,801) - 3,218 1,495,000 - 1,875,125 Facility Projects CDD/PW Lobby Remodel 137,363 (3,536) - 931 165,000 - 297,896 Civic Theater Improvements 95,667 (1,084) 7,225 - - - 101,808 Bocce Ball Court 258,450 (281,108) 22,000 (658) - - - Preschool Turf Conversion - - - - 25,000 - 25,000 Senior Center Entrance Remodel 197,585 - - - - - 197,585 Community Center Improvement - (12,519) - 39,503 185,000 - 132,978 Library Building Exterior Maintenance 5,000 - - - - - 5,000 Total Facility Projects 694,065 (298,247) 29,225 39,777 375,000 - 760,267 Administrative and Technology Projects City Website/Intranet 16,948 - - - - - 16,948 Development Technology 88,556 (6,697) 3,790 50,700 - - 34,949 Trak-It Upgrade - 360 - - - - 360 LLD Initiation Match Program 25,000 - - - - - 25,000 Horseshoe Beautification 21,950 (675) - 225 - - 21,050 Citywide Accessibility Assessment 100,364 (15,723) - 7,275 - 77,366 City Art Program - (7,400) - 2,990 25,000 - 14,610 General Plan Update 219,019 (85,417) (1,218) 27,841 - - 104,542 Risk Management Project Funding 38,891 - - - 50,000 - 88,891 Total Administrative and Technology Projects 510,728 (115,552) 2,572 89,031 75,000 - 383,717 39 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT *Fund balance overdrawn due to authorized spending of anticipated revenues. CIP Funds/Projects Prior Year Carryforward 7/1/2019 Increase/ (Decrease) Jul-Oct Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 11/30/2019 Tree Fund Projects Citywide Tree Planting Program 50,444 20 600 1,080 - - 49,984 Tree Dedication Program 24,125 - - - - - 24,125 Total Tree Fund Projects 74,569 20 600 1,080 - - 74,109 CIP Grant Street Projects Prospect/Saratoga Median Improvement (908,392) - - - - - (908,392) Citywide Signal Upgrade II (76,435) 76,677 - - - - 241 Saratoga Ave Sidewalk 50,261 - - - - - 50,261 Village Sidewalk, Curb & Gutter - Phase II Construction 1,834 - - - - - 1,834 Saratoga Village Crosswalk & Sidewalk Rehabilitation 3,141 - - - - - 3,141 4th Street Bridge 1,704 - - - - - 1,704 Quito Bridge Replacement 19,029 - - - - - 19,029 Quito Road Bridges - ROW Acquisition (118) - - - - - (118) Total CIP Grant Street Projects (908,976) 76,677 - - - - (832,300) CIP Grant Park & Trail Projects Saratoga to the Sea Trail - Design 65,341 (74,144) - 6,941 - - (15,743) Total CIP Grant Park & Trail Projects 65,341 (74,144) - 6,941 - - (15,743) Park In-Lieu Projects Park & Trail Safety Improvement 44 - - - - - 44 Quito/Pollard Open Space 20,454 (4,395) - 10,315 - - 5,744 Hakone Gardens Infrastructure 120,000 - - - - - 120,000 Saratoga Village to Quarry Park Walkway - Design 73,811 - - - - - 73,811 Unallocated Park In-Lieu Funds 15,392 - - - - - 15,392 Total Park In-Lieu Projects 229,701 (4,395) - 10,315 - - 214,991 Gas Tax Fund Projects Annual Roadway Improvements 34,229 (140,563) 51,821 245,230 - - (299,743) * Prospect/Saratoga Median Improvements 145,555 (89,974) - 250 - - 55,332 Citywide Signal Upgrade II 99,759 - - - - - 99,759 Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990 Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 307,618 (230,537) 51,821 245,480 - - (116,578) Total CIP Funds 3,252,052 (1,684,002) 113,493 512,997 2,620,000 - 3,788,547 40 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 41 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 1.20 2018 1.51 1.90 2.16 2.40 2019 2.55 2.57 2.45 Quarterly Apportionment Rates Local Agency Investment Fund 42 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, City Clerk SUBJECT:Resolution Authorizing Final Disposition of Certain City Records RECOMMENDED ACTION: Adopt resolution authorizing final disposition of certain city records. BACKGROUND: On June 19, 2019, the City Council approved an update to the City’s Records Retention Schedule. In accordance with the schedule, staff and the City Attorney review archived documents to determine those that are to be destroyed pursuant to the Schedule and can, therefore, be shredded.In compliance with State law, processing expired records for destruction is a multi-step process: 1.Staff in each department identifies records for which the retention period has expired in accordance with the approved records retention schedule. Records in each box are reviewed to make sure the records are eligible for destruction. 2.Department directors review and approve the list of records to be destroyed in their departments. 3.The City Clerk and City Attorney review and approve a combined list of all expired records. 4.The list of records is presented to the City Council along with a resolution authorizing the shredding of listed documents. Records may not be shredded without the authorization of the City Council and the City Attorney. At this time, staff has identified 48 boxes of expired records and is requesting authorization from the Council to proceed with disposition of these documents. FOLLOW UP ACTION: Consistent with the City’s standard policy, the records will be held for seven days for review pursuant to the Public Records Act.If no request for review is submitted, the records will be promptly destroyed unless the City Attorney determines that they should be retained and destroyed at a later date per direction from the City Attorney.If a request for review is submitted, the records will be destroyed between 20 and 30 days after they have been made available for review.43 ATTACHMENTS: Attachment A - Resolution Authorizing the Final Disposition of Certain City Records Attachment B - List of Records Proposed for Final Disposition 44 RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE FINAL DISPOSITION OF CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy certain records, documents, instruments, books or paper after the same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: 1.Department heads are hereby authorized to have destroyed those certain documents, instruments, books or paper (collectively, “Records”) under their charge as described in Exhibit ‘A. 2.The Records described in Exhibit ‘A shall be held for seven days for review pursuant to the Public Records Act prior to destruction. If no request for review is submitted within that time, they shall be promptly destroyed. If a request for review is submitted, the Records shall be destroyed not less than twenty days and not more than thirty days after the records have been made available for review. Notwithstanding the foregoing, if the City Attorney determines that any Records should be retained for any reason those Records shall be retained and destroyed at a later date determined by the City Attorney. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15th day of January 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Howard A. Miller, Mayor ATTEST: DATE: Debbie Bretschneider, City Clerk 45 01/2020 Destruction of Documents Attorney 1 Attorney 1985-1990 Legal Case records 1/1/1997 Closure +7 Finance 1 Finance Journal Entries 1989-1989, Bank Reconcilitation 1988-1991, 1/1/1996 Audit+5 City Clerk 1 City Clerk Scanned Correspondance 2000-2001, Unsuccessful Candidate Statements 1998-1999, Scanned Council Oath of Office 1968- 1996 1/1/2004, 1/1/2005, 1/1/2007 Current year + 2, Election date + 5, Term + 6 City Clerk 2 City Clerk 2015 Legal ads, 1998-1999 Unsuccessful Candidate statements, 2000 Correspondance 1/1/2020, 1/1/2006, 1/1/2003 Current year + 4, Term + 6, Current year + 2 132A City Clerk SCANNED SVDC Agendas 1995-1998, Correspondance 1995- 1998, Staff Reports 2000 1/1/2003 Current year + 2 132C City Clerk 1985-1989 Nuisance Abatement Hearings, 1985-1988 Legal case records 1/1/1996 Closed + 7 164 City Clerk Scanned Terminated Contracts 2007-2008 1/1/2020 Closed + 10 375 Public Works Unawarded bids for Public Works projects 2007-2010 + bids for Hearing Officer 2014 1/1/2018 Term + 4, Audit + 4 376 Public Works Village Pedestrian Enhancement Prequalifications and unawarded bids 2010 1/1/2020 Term + 4 455 Recreation Registration/Liability Forms 2015 0/1/2015 - 12/31/2015 1/1/2020 Current year + 4 478 Recreation Recreation Forms, contracts, REcTrac receipts for Facility rentals. June 2015-June 2016 1/1/2020 Current year + 4 493 Community Development Tree Permits 2017 1/1/2020 Current year + 2 645 Finance FY 2007-08 Journel entries: Period 1-11 1/1/2020 Audit + 10 646 Finance FY 2007-08 Journel entries: Period 12-13 1/1/2020 Audit + 10 669 Finance Terminated employees -Employee Payroll Files 01-01-2009 thru 12-31-2009 1/1/2020 Term + 6 761 Finance FY 2013-2014 Bank statements & reconciliations 1/1/2020 Audit + 5 762 Finance FY 2013-2014 Bank statements & reconciliations 1/1/2020 Audit + 5 775 Finance FY 2013-14 Bank deposit tickets 1/1/2020 Audit + 5 46 792 Finance Accounts Payable - FY 2013/14 Weekly Check run & register 7/2/13 - 9/10/13 1/1/2019 Audit + 4 793 Finance Accounts Payable FY 2013/14 Weekly check run & register 9/7/13 - 11/5/13 1/1/2019 Audit + 4 794 Finance Accounts Payable FY 2013-14 Weekly check run & register 11/13/13 - 1/7/14 1/1/2019 Audit + 4 795 Finance Accounts Payable FY 2013-14 Weekly check run & register 1/14/14 - 3/11/14 1/1/2019 Audit + 4 796 Finance Accounts Payable FY 2013-14 Weekly Check run & register 3/18/14 - 5/6/14 1/1/2019 Audit + 4 797 Finance Accounts Payable FY 2013-14 Weekly Check Run & register 5/13/14 - 7/1/2014 1/1/2019 Audit + 4 798 Finance Accounts Payable FY 2013-14 Weekly check run & register 7/8/14 - 8/6/14 1/1/2019 Audit + 4 799 Finance Payroll EFT payments to vendors 7/1/13 - 6/30/14 + PG&E old correspondance related to disputed bill 1/1/2019 Audit + 4 800 Finance Closed purchase orders FY 2012-13 1/1/2018 Audit + 4 821 Finance Accounts payable FY 2014-15 7-1-14 to 9-9-14 1/1/2020 Audit + 4 822 Finance Accounts payable FY 2014-15 9/16/14 - 10/28/14 1/1/2020 Audit + 4 823 Finance Accounts payable FY 2014-15 11/4/14 - 12/17/14 1/1/2020 Audit + 4 824 Finance Payroll EFT July-June FY 2014-15 1/1/2020 Audit + 4 825 Finance Accounts payable FY 2014-15 1/6/15 - 3/5/15 1/1/2020 Audit + 4 826 Finance Accounts payable FY 2014-15 3/10/15 - 5/5/15 1/1/2020 Audit + 4 827 Finance Accounts payable FY 2014-15 5/12/15 - 6/30/15 1/1/2020 Audit + 4 828 Finance Accounts payable FY 2014-15 7/7/15 - 8/11/15 1/1/2020 Audit + 4 829 Finance Purchase Orders FY2014-15 1/1/2020 Audit + 4 830 Finance Cash receipts 7/1/2014 - 8/31/2014 1/1/2020 Audit + 4 831 Finance Cash receipts 9/1/14 - 10/31/14 1/1/2020 Audit + 4 832 Finance Cash receipts 11/1/14 - 12/31/14 1/1/2020 Audit + 4 833 Finance Cash receipts 1/1/15 - 2/28/15 1/1/2020 Audit + 4 834 Finance CaSH RECEIPTS 3/1/15 - 4/30/15 1/1/2020 Audit + 4 835 Finance Cash receipts 5/5/15 - 6/30/15 1/1/2020 Audit + 4 837 Finance FY 2014-15 Parking Citations 1/1/2020 Audit + 4 844 Finance Journal Entries Period 1-13, FY 2013/14, budget adjustments 1/1/2019 Audit + 4 845 Finance FY 2014/15 Cash rEceipts 1/1/2020 Audit + 4 47 847 Finance CY2015 False alarm cards 1/1/2020 Audit + 4 5078 Recreation Recreation class and camp registration forms 2017 1/1/2020 Current year + 2 5079 Recreation Recreation Trip planning and budget forms 2002-2015 1/1/2020 Current year + 2 5084 Recreation Recreation activity Guides and Instructor Agreements 2014- 2015 1/1/2020 Term + 4 48 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:Public Works PREPARED BY:Macedonio Nunez, Senior Engineer SUBJECT:Citywide Traffic Signals, Lighted Crosswalks and Rectangular Rapid Flash Beacons Maintenance &Call-out Repairs –Amendment to Contract RECOMMENDED ACTION: Move to accept an amendment to contract for Citywide traffic signals, lighted crosswalks and rectangular rapid flash beacons (RRFBs)maintenance & call-out repair services with Bear Electric Solutions (BES)for an additional 6 months to June 30, 2020 for an additional $25,000. BACKGROUND: The City’s original traffic light maintenance contractor Siemens Industry, Inc. had been providing Citywide Traffic Signal and Lighted Crosswalk Maintenance and call-out repair services since 2014. In November 2018, Siemens Industry closed their Northern California office and submitted a termination notice to the City of Saratoga and would no longer service the traffic signals and lighted crosswalks. Since November 2018, the City of Saratoga has received maintenance services through minor temporary contracts with two different traffic signal light contractors with one being Bear Electric Solutions (BES). Over the years, BES has done traffic signal projects for the City of Saratoga and has acquired invaluable experience and knowledge of the City’s systems, which directly enhances its efficiency and responsiveness. The initial contract term with BES was from February 1,2019 to June 30, 2019 and the first amendment extended the contract to December 31, 2019.This will be the second amendment to the Contract. With this amendment, the City will retain BES services for an additional term of 6 months at the same maintenance rates. The City is planning a formal Request for Proposals for a long-term maintenance and service contract once the Traffic Adaptive Project along Saratoga Ave is complete and active which is expected to be in March.The long-term contract will include the required additional maintenance and scope of work for the new traffic system. 49 It is therefore recommended that City Council approve an amendment to the current contract with BES to extend the term of the contract for an additional 6 months and authorize the City Manager to executethesame. ATTACHMENTS: Attachment A – Second Amendment to Contract Attachment B - First Amendment and Original Contract 50 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI City of Saratoga Contract Amendment 7KLV&RQWUDFW$PHQGPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJD DPXQLFLSDOFRUSRUDWLRQ&LW\DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB &RQWUDFWRUZKRDJUHHWKDW &LW\DQG&RQWUDFWRUHQWHUHGLQWRDQDJUHHPHQWGDWHGBBBBBBBBBBBBBBBBBBB ³2ULJLQDO$JUHHPHQW´DQGZLVKWRDPHQGWKH2ULJLQDO$JUHHPHQWDVVHWIRUWKLQWKHSURYLVLRQV FKHFNHGEHORZ7HUPVQRWGHILQHGLQWKLV&RQWUDFW$PHQGPHQWVKDOOKDYHWKHPHDQLQJXVHGLQ WKH2ULJLQDO$JUHHPHQWDQGWKHSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWVKDOODSSO\WRLQWHUSUHWDWLRQ DQGHQIRUFHPHQWRIWKLV&RQWUDFW$PHQGPHQW Amended Term. 7KHWHUPRIWKH2ULJLQDO$JUHHPHQWFRPPHQFHGRQWKH(IIHFWLYH'DWHDQGLVKHUHE\ H[WHQGHGWKURXJKBBBBBBBBBBBBBBBBBBB(insert new termination date)RUWKH FRPSOHWLRQRIWKHSURMHFWZKLFKHYHURFFXUVILUVWXQOHVVLWLVIXUWKHUH[WHQGHGE\ZULWWHQ PXWXDODJUHHPHQWEHWZHHQWKHSDUWLHVSURYLGHGWKDWWKHSDUWLHVUHWDLQWKHULJKWWR WHUPLQDWHWKLV$JUHHPHQWDVSURYLGHGLQ([KLELW&WRWKH2ULJLQDO$JUHHPHQW Amended Scope of Work. 7KH6FRSHRI:RUNWHUPVLQFOXGHGDV([KLELWVBBBBBBBBBBBBBBBBBBBBBB WRWKH2ULJLQDO$JUHHPHQWDUHKHUHE\ UHSODFHGZLWKDGGLWLRQDO6FRSHRI:RUNVWHUPVLQFOXGHGDV([KLELWBBBBBB WRWKLV&RQWUDFW$PHQGPHQW $1'25H[WHQGHGWRLQFOXGHSURYLGLQJWKHRQJRLQJVHUYLFHVUHIHUHQFHGLQWKH 2ULJLQDO$JUHHPHQWIRUWKHGXUDWLRQRIWKHDPHQGHGWHUP Amended Payment Terms. 7KHILUVWVHQWHQFHRIVHFWLRQRIWKH2ULJLQDO$JUHHPHQWVHWWLQJIRUWKWKHPD[LPXP FRQWUDFWSD\PHQWLVKHUHE\UHSODFHGZLWKWKHIROORZLQJ &LW\VKDOOSD\&RQVXOWDQWIRUZRUNSURGXFWSURGXFHGSXUVXDQWWRWKLVDJUHHPHQWDQ DPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB IRUZRUNWREHSHUIRUPHGDQGDQ\DXWKRUL]HGUHLPEXUVDEOHFRVWV $1'256HH([KLELWVBBBBBB Bear Electrical Solutions Traffic Signals and Lighted Crosswalks Maintenance and Repairs Bear Electrical Solutions 02/01/2019 amended 06/19/2019 ✔ 06/30/2020 ✔ A-5 ✔A-6 ✔ 75,000 51 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI Other. 7KH2ULJLQDO$JUHHPHQWLVDPHQGHGDVIROORZV $1'256HH([KLELWVBBBBBB $OORWKHUSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWUHPDLQXQFKDQJHGE\WKLV&RQWUDFW $PHQGPHQW ([KLELWV$OODWWDFKPHQWVWRWKLVDJUHHPHQWDUHE\WKLVUHIHUHQFHLQFRUSRUDWHGKHUHLQDQG PDGHDSDUWRIWKLVDJUHHPHQW $GGLWLRQDO([KLELWV ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHH[HFXWHGWKLV$PHQGPHQW ContractorCity of Saratoga 6LJQDWXUH-DPHV/LQGVD\&LW\0DQDJHU 'DWH 6LJQHU1DPH $77(67 6LJQHU7LWOH 'DWH'HEELH%UHWVFKQHLGHU&LW\&OHUN &RQWUDFW'HVFULSWLRQ'DWH $33529('$672)250 5LFKDUG7D\ORU&LW\$WWRUQH\ 'DWH Bear Electrical Solutions Traffic Signals and Lighted Crosswalks Maintenance and Repairs ✔Original Agreement First Amendment to contract Traffic Signals and Lighted Crosswalks Maintenance and Repairs - Second Amendment to Extend Contract through to June 30, 2020 52 Contractor: Bear Electrical Solutions Project Name: Traffic Signals & Lighted Crosswalks Maintenance & Repairs Exhibit A-6 Page 1 of 5 EXHIBIT A-6 SCOPE OF WORK AND PAYMENT TERMS This Scope of Work replaces Exhibit A to the original agreement in its entirety. 1.Contractor agrees to furnish all labor, material and equipment to perform all work necessary tomaintain traffic signal facilities and lighted crosswalks within the jurisdiction of City, all inaccordance with the terms herein. Contractor is to do all such work and provide such material, asan independent contractor, subject to inspection and approval by the Director of Public Works orthe Director’s authorized agent.2.Contractor agrees to the following preventative maintenance:LIST OF INTERSECTIONS Contractor will maintain the following traffic signals: •Fruitvale Ave. /Allendale Ave. •Prospect Rd. /Miller Ave. •Quito Rd. /Allendale Ave. •Quito Rd. /Pollard Ave. •Saratoga Ave. /Cox Ave. •Saratoga Ave. /Dagmar Dr. •Saratoga Ave. /Fruitvale Ave. •Saratoga Ave. /Scotland Dr. •Saratoga Ave. /Vineyard Ln. /Bellgrove Cir. •Saratoga-Sunnyvale Rd. / Seagull Ave. •Saratoga-Sunnyvale Rd. /Blauer Dr. •Saratoga-Sunnyvale Rd. /Cox Ave. /Wardell Rd. •Saratoga-Sunnyvale Rd. /Herriman Ave. •Saratoga-Sunnyvale Rd. /Pierce Rd. •Saratoga-Sunnyvale Rd./Reid Ln./Gerald Zapelli Ct. Contractor will maintain the following lighted crosswalks, with both, in-pavement lights and Rectangular Rapid Flash Beacons (RRFBs), as described in the following section: •Big Basin Way lighted crosswalk system (Starbucks Corner) •Cox Ave between Saratoga Ave and Paseo Presada •Saratoga-Los Gatos Road at Mendelsohn Ln lighted crosswalk system •Saratoga-Los Gatos Road at Oak Street lighted crosswalk system •Saratoga-Los Gatos Road at Vickery Avenue lighted crosswalk system Contractor will maintain the following Rectangular Rapid Flash Beacons (RRFBs) at the following crosswalks as described in the following sections: •Saratoga Avenue at Crestbrook Drive RRFBs 2 pole system •Saratoga Avenue at Herriman Avenue RRFBs 2 pole system •Herriman Avenue at Lexington Court RRFBs 2 pole system •Cox Avenue at Cumberland Drive RRFBs 2 pole system •Quito Road at McCoy Avenue RRFBs 3 pole system •Quito Road at Ravenwood Drive RRFBs 2 pole system •Prospect Road at Covina Court RRFBs 3 pole system •Fruitvale Ave and Douglass Lane RRFBs 3 pole system 53 Contractor: Bear Electrical Solutions Project Name: Traffic Signals & Lighted Crosswalks Maintenance & Repairs Exhibit A-5 Page 2 of 5 CONTRACTOR SHALL PERFORM THE FOLLOWING TASKS CONSISTENT WITH THE NEEDS OF THE CITY OF SARATOGA: EVERY THREE MONTH ROUTINE MAINTENANCE - TRAFFIC SIGNALS •Check the time setting, coordination plans and match with time sheet on electromechanical and solid state controllers. •Visually inspect controller and cabinet for proper operation. •Visually inspect all vehicular and pedestrian signals for proper operation and replace outages found. •Visually inspect and realign signals as required. •Visually inspect all LED vehicular and pedestrian signals for proper operation and replace outagesfound. All LED units will be reimbursed by SARATOGA. Labor and equipment for installation of LED units are included. •Check load switches. •Check relays. •Visually check for bent visors and back plates. •Reset telephone modems. •Check for broken or missing emergency vehicle detectors. •Visually inspect the battery backup system (BBS). •Turn off Utility power and ensure system effectively switches to the BBS. •Manually record inspection date and time in controller cabinet and send written confirmation ofmonthly inspection with recommendations to SARATOGA by intersection. EVERY THREE MONTH ROUTINE MAINTENANCE - LIGTHED CROSSWALKS •All lighted crosswalk systems – activate and visually inspect all flashing lights including lightsembedded in roadway pavement, signs, beacons, overhead lights and other flashing or non-flashing lights connected to the crosswalk systems. This includes all advanced signs, beacons andoverhead lights. Activate and use the crosswalk observing the timing; recommend timing changes if necessary. Record inspection date and time and send the reports to the City monthly. In case acorrective action is recommended, send the report to the City immediately. •All lighted crosswalk systems – visually inspect all poles, signs, push buttons, overhead lights and support structures and solar panels for any sign of damage. Record inspection date and time andsend the reports to the City monthly. In case a corrective action is recommended, send the reportto the City immediately. •All lighted crosswalk systems – visually check shading and or accumulated debris on solar panels connected to each crosswalk system. Record inspection date and time and send the reports to the City monthly or upon request. In case vegetation trimming or other corrective action isrecommended, send the report to the City immediately. EVERY THREE MONTH ROUTINE MAINTENANCE – RRFBs •All RRFBs crosswalk systems – activate and visually inspect all flashing lights, signs, beacons,poles, hardware connections and other flashing or non-flashing lights connected to the RRFBs crosswalk systems. This includes all advanced signs and beacons. Activate and use thecrosswalk observing the timing; recommend timing changes if necessary. Record inspectiondate and time and send the reports to the City monthly. In case a corrective action isrecommended, send the report to the City immediately. 54 Contractor: Bear Electrical Solutions Project Name: Traffic Signals & Lighted Crosswalks Maintenance & Repairs Exhibit A-5 Page 3 of 5 •All RRFBs crosswalk systems – visually inspect all poles, hardware connections, signs, pushbuttons and support structures and solar panels for any sign of damage. Record inspectiondate and time and send the reports to the City monthly. In case a corrective action isrecommended, send the report to the City immediately. •All RRFBs crosswalk systems – visually check shading and or accumulated debris on solarpanels connected to each RRFBs crosswalk system. Record inspection date and time and sendthe reports to the City monthly or upon request. In case vegetation trimming or other Conflict Monitor Testing •Perform a (1) time conflict monitor test per intersection between February and June 30,2020. The conflict monitor test will include certification of unit. Failed units will be reportedto the City with recommendation of replacements.3.Contractor agrees to respond to normal traffic signal, lighted crosswalks, RRFBs andilluminated street name sign lamp outage calls during regular business hours.4.Contractor will perform an initial inspection of all intersections and lighted crosswalks,RRFBs and provide written recommendations of all repairs required. Said work shall beperformed on a time and material basis.5.Contractor agrees to provide phone service for the receiving of notification of inoperativeTraffic Signals including those items requiring emergency repair and service duringContractor’s normal business hours and an answering service for the receiving ofnotification of inoperative Traffic Signals or lighted crosswalks requiring emergency repairsor service at all times (7days per week) other than Contractor’s normal business hours,whether such notification originates with City or of a party or person other than City.6.Contractor agrees to have service personnel available 24 hours per day to respond to trafficsignal, lighted crosswalks RRFBs and controller trouble calls. Response time will be withinone hour during regular business hours and after regular business hours and weekends. Inthe event of multiple calls, each will be serviced on a priority basis. City will provideContractor with a priority list. This priority list will constitute authorization from City toContractor to leave an intersection of a non-priority status to respond to a priorityintersection.7.Contractor agrees to provide response service 24 hours per day for repair of the equipmentand appurtenances, such as safety lighting, street name signs, street lighting, pedestrian andtraffic signals, lighted crosswalks, RRFBs, controllers, flashing beacons and detector deviceswhich Contractor may be called upon from time to time by City to repair, replace or refurbish. However, it is understood that any materials requiring replacement in excess of TwoThousand Five Hundred Dollars ($2,500.00) will not be installed without prior writtenapproval from City.8.Respond and make corrective action to all service requests within one hour on weekdays(regular hours; 7am to 4pm), and two hours on nights (4pm to 7am), weekends, and 55 Contractor: Bear Electrical Solutions Project Name: Traffic Signals & Lighted Crosswalks Maintenance & Repairs Exhibit A-5 Page 4 of 5 holidays. No travel time charges shall be incurred during normal regular hours. Service requests during non-regular hours are subject to a two hour minimum charge. 56 Contractor: Bear Electrical Solutions Project Name: Traffic Signals & Lighted Crosswalks Maintenance & Repairs Exhibit A-5 Page 5 of 5 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:Public Works PREPARED BY:Mainini Cabute, Environmental Programs Administrator SUBJECT:Climate Action Plan Project Consultant Selection RECOMMENDED ACTION: 1.Authorize the City Manager to enter into a Professional Service Agreement with O’Rourke and Associates in the amount of $60,075. 2.Authorize City Manager to execute change order up to $10,000. BACKGROUND: On November 6, 2019, the City of Saratoga released a Request For Proposal (RFP) pursuant to Municipal Code section 2-45.140, requesting proposals from professionals experienced in developing Climate Action Plans. The proposal was distributed to four local consulting firms and exchange networks. The City received the following two proposals before the submission deadline of December 6th at 5:00 p.m.: 1)Cascadia Consulting Group $116,431 2)O’Rourke and Associates $60,075 While both proposals were competitive and provided tasks and timelines that could meet the City’s goals and timeline, the City selected O’Rourke and Associates to remain more fiscally conservative in the development of the Climate Action Plan. City staff plans to meet with O’Rourke and Associates at the end of January to discuss project management and the timeline of all important project milestones. O’Rourke’s proposed project timeline includes a meeting in early spring with West Valley College to discuss future student participation, a community workshop in mid-spring, study sessions with both the Planning Commission and City Council in June, a draft Climate Action Plan before September 2020,and an adopted CAP in October 2020. ATTACHMENTS: Attachment A -Contract Attachment B -Proposal from O’Rourke and Associates to prepare the Climate Action Plan 92 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI City of Saratoga Standard Services Contract 7KLVDJUHHPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJDDPXQLFLSDO FRUSRUDWLRQ³&LW\´DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB ³&RQWUDFWRU´ZKRDJUHHWKDW 1. Purpose of Contract. 7KLVLVDFRQWUDFWIRU 7KHSXUSRVHRIWKHFRQWUDFWLVPRUHVSHFLILFDOO\GHVFULEHGLQ([KLELW$RIWKLVDJUHHPHQW ³6FRSHRI:RUNDQG3D\PHQW7HUPV´,QWKHHYHQWRIDFRQIOLFWEHWZHHQWKHWHUPVRIWKLV DJUHHPHQWDQGWKH6FRSHRI:RUNRUDQ\RIWKHH[KLELWVUHIHUHQFHGLQWKLV([KLELW$WKHWHUPV RIWKHDJUHHPHQWVKDOOJRYHUQ 2. Term. 6WDUW'DWH(QG'DWH ,I6WDUW'DWHLVOHIWEODQNVWDUWGDWHZLOOEH GDWHODVWVLJQHGEHORZ 2UXSRQSURMHFWFRPSOHWLRQZKLFKHYHU RFFXUVILUVW 3. Payment&LW\VKDOOSD\&RQWUDFWRUIRUZRUNSURGXFWSURGXFHGDQGDQ\DXWKRUL]HG UHLPEXUVDEOHFRVWVSXUVXDQWWRWKLVDJUHHPHQWDQDPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB 7KLVFRQWUDFWLVDFKHFNRQH )L[HG$PRXQW&RQWUDFW±0RQWKO\,QYRLFHV )L[HG$PRXQW&RQWUDFW±'HOLYHUDEOH7DVN%DVHG,QYRLFHV 1RWWR([FHHG$PRXQW&RQWUDFW±+RXUO\6HUYLFHV 1RWWR([FHHGDPRXQW&RQWUDFW±7DVN%DVHG,QYRLFHV 6HH([KLELW$BBBBBBLQFRUSRUDWHGE\WKLVUHIHUHQFHIRUDGGLWLRQDOSD\PHQWWHUP LQIRUPDWLRQ &RQWUDFWRULVnot authorizedWRXQGHUWDNHDQ\HIIRUWVRULQFXUDQ\FRVWVZKDWVRHYHUXQGHUWKH WHUPVRIWKLVDJUHHPHQWXQWLOUHFHLSWRIDIXOO\H[HFXWHG3XUFKDVH2UGHUIURPWKH)LQDQFH 'HSDUWPHQWRIWKH&LW\RI6DUDWRJD O'Rourke & Associates Climate Action Plan O'Rourke & Associates Climate Action Plan 01/15/2020 06/30/2021 60,075.00 ✔ ✔1 93 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI 4. Contract Administration7KHDXWKRUL]HGUHSUHVHQWDWLYHVRI&LW\DQG&RQWUDFWRUIRU &RQWUDFWDGPLQLVWUDWLRQDUHOLVWHGEHORZ7KH&LW\¶VFRQWDFWSHUVRQLVWKH$GPLQLVWUDWRU Contractor: &RQWUDFWRU1DPH &RQWDFW3HUVRQ 6WUHHW$GGUHVV &LW\6WDWH=LS 7HOHSKRQHV )D[ (PDLO$GGUHVV 6DUDWRJD%XVLQHVV /LF City of Saratoga 'HSDUWPHQW &RQWDFW3HUVRQ 6WUHHW$GGUHVV &LW\6WDWH=LS 7HOHSKRQH )D[ (PDLO$GGUHVV 5. Insurance&RQWUDFWRUDJUHHVWRSURFXUHDQGPDLQWDLQLQVXUDQFHDVUHTXLUHGE\WKH SURYLVLRQVVHWIRUWKLQ([KLELW%&HUWLILFDWHVRIVXFKLQVXUDQFHDQGFRSLHVRIWKHLQVXUDQFH SROLFLHVDQGHQGRUVHPHQWVVKDOOEHGHOLYHUHGWR&LW\ZLWKLQWHQGD\VDIWHUEHLQJQRWLILHGRI WKHDZDUGRIWKHFRQWUDFWDQGEHIRUHH[HFXWLRQRIWKLVDJUHHPHQWE\WKH&LW\ 6. General Provisions.&LW\DQG&RQWUDFWRUDJUHHWRDQGVKDOODELGHE\WKHJHQHUDO SURYLVLRQVVHWIRUWKLQ([KLELW& O'Rourke & Associates Climate Action Plan O'Rourke & Associates Christine O'Rourke 20 Nunes Drive Novato, CA 94945 1-415-613-2907 christine.o@comcast.net Public Works Department Mainini Cabute 13777 Fruitvale Avenue Saratoga, CA 95070 1-408-868-1258 1-408-868-1258 mcabute@saratoga.ca.us 94 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW 3DJHRI 7. Supplemental Provisions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xhibits$OOH[KLELWVUHIHUUHGWRLQWKLVDJUHHPHQWDUHDWWDFKHGKHUHWRDQGDUHE\WKLV UHIHUHQFHLQFRUSRUDWHGKHUHLQDQGPDGHDSDUWRIWKLVDJUHHPHQW 9. Entire agreement.7KLVDJUHHPHQWVXSHUVHGHVDQ\DQGDOODJUHHPHQWVHLWKHURUDORU ZULWWHQEHWZHHQWKHSDUWLHVZLWKUHVSHFWWR&RQWUDFWRU VFRPSOHWLRQRIWKH6FRSHRI:RUNRQ EHKDOIRI&LW\DQGFRQWDLQVDOORIWKHFRYHQDQWVDQGDJUHHPHQWVEHWZHHQWKHSDUWLHVZLWKUHVSHFW WRWKHUHQGHULQJRIVXFKVHUYLFHVLQDQ\PDQQHUZKDWVRHYHU1RDPHQGPHQWDOWHUDWLRQRU YDULDWLRQRIWKHWHUPVRIWKLVDJUHHPHQWVKDOOEHYDOLGXQOHVVPDGHLQZULWLQJDQGVLJQHGE\WKH SDUWLHVKHUHWR 10.$uthority to Execute agreement. (DFKLQGLYLGXDOH[HFXWLQJWKLVDJUHHPHQWUHSUHVHQWV WKDWKHRUVKHLVGXO\DXWKRUL]HGWRVLJQDQGGHOLYHUWKHDJUHHPHQWRQEHKDOIRIWKHSDUW\ LQGLFDWHGDQGWKDWWKLVDJUHHPHQWLVELQGLQJRQVXFKSDUW\LQDFFRUGDQFHZLWKLWVWHUPV7KLV DJUHHPHQWPD\EHH[HFXWHGLQFRXQWHUSDUWVHDFKRIZKLFKVKDOOEHGHHPHGDQRULJLQDOEXWDOORI ZKLFKWDNHQWRJHWKHUVKDOOFRQVWLWXWHRQHDQGWKHVDPHLQVWUXPHQW ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHH[HFXWHGWKLVDJUHHPHQW ContractorCity of Saratoga 6LJQDWXUH -DPHV/LQGVD\&LW\0DQDJHU 'DWH 6LJQHU1DPH $77(67 6LJQHU7LWOH 'DWH'HEELH%UHWVFKQHLGHU&LW\&OHUN &RQWUDFW'HVFULSWLRQ 'DWH $33529('$672)250 5LFKDUG7D\ORU&LW\$WWRUQH\ 'DWH O'Rourke & Associates Climate Action Plan Climate Action Plan 95 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW$ 3DJHRI City of Saratoga Services Contract Exhibit A – Scope of Work and Payment Terms &RQWUDFWRUVKDOOFRPSOHWHWKHVFRSHRIZRUNDQGLQYRLFHWKH&LW\LQDFFRUGDQFHZLWKWKH SD\PHQWWHUPVVKRZQEHORZ $1'256HH([KLELWV$LQFRUSRUDWHGE\WKLVUHIHUHQFH -End of Exhibit A - O'Rourke & Associates Climate Action Plan ✔1 96 Proposal to Prepare the City of Saratoga Climate Action Plan November 26, 2019 Christine O’Rourke, Principal O’Rourke & Associates 20 Nunes Drive Novato, CA 94945 (415) 613-2901 chirstine.o@comcast.net Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 1 of 10 ([KLELW$ 97 Proposal for Saratoga Climate Action Plan Update 1 Project Overview O’Rourke & Associates is pleased to submit this proposal to prepare the City of Saratoga Climate Action Plan. This proposal provides a general overview of the tasks, schedule and estimated budget to develop the plan, including the planning and execution of community engagement activities. The Climate Action Plan (CAP) will utilize the information presented in the City’s 2016 community greenhouse gas emissions inventory, which Christine O’Rourke, principal of O’Rourke & Associates, prepared for the City in 2018. The purpose of a CAP is to compile existing and potential strategies that the City government and the community can use to address climate change. The CAP will provide a brief background on what climate change is and its potential impacts, but primarily will focus on the efforts the City and the Saratoga community can take to reduce their greenhouse gas emissions and mitigate, to the extent feasible at the local level, the potential impacts of climate change. The goal is to create an engaging and highly readable document for the layperson, while containing clear and actionable measures that staff can effectively implement. Specifically, the plan will accomplish the following: x Update the City’s 2016 Greenhouse Gas Emissions Inventory to include 2017 emission sources. x Estimate how these emissions may change over time under a business-as-usual forecast. x Identify local greenhouse gas reduction goals for 2030 and 2050 that are consistent with Senate Bill 32 and the California Air Resources Board 2017 Climate Change Scoping Plan. x Identify and quantify State actions that will reduce emissions at the local level by 2030. x Perform a gap analysis to determine the reductions needed through local programs to achieve a greenhouse gas emissions reduction goal that is 40% below 1990 levels by 2030, consistent with Senate Bill 32, and put the City on track to achieve longer-term goals. x Provide energy use, transportation, land use, waste, water, wastewater, and natural system strategies for community and local government action; develop quantitative targets for each action; and quantify greenhouse gas emissions reductions that will be achieved at the local level if those targets are achieved. x Provide adaptation strategies to assist the community in responding to a changing climate. x Incorporate existing sustainability initiatives and planned capital improvement projects. x Highlight the City’s accomplishments in reducing GHG emissions to date. x Identify potential funding sources and financing options for local actions, as well as opportunities to collaborate with other jurisdictions, agencies, utility providers, and public/private partnerships. x Identify the agencies and departments responsible to implement each GHG reduction action and indicators to measure progress. Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 2 of 10 98 Proposal for Saratoga Climate Action Plan Update 2 The Climate Action Plan will meet the criteria for a greenhouse gas reduction plan established in CEQA Guidelines section 15183.5 as follows: 1. Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; 2. Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; 3. Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; 4. Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; 5. Be adopted in a public process following environmental review. According to CEQA Guidelines, a local government may streamline project-level analysis of greenhouse gas (GHG) emissions through compliance with a greenhouse gas reduction plan that meets the above criteria. The greenhouse gas reduction plan, once adopted following certification of an EIR or adoption of an environmental document, may be used in the cumulative impacts analysis of later projects such as development or infrastructure projects. An environmental document that relies on a greenhouse gas reduction plan for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. Scope of Work TASK 1. KICK-OFF MEETING A kick-off meeting will be held with staff and liaisons from key departments to accomplish several objectives, including: Establish working relationships for the project Refine the scope of work and schedule Share expectations for the project Define roles and responsibilities of the consultant and department staff Establish communication protocols Review existing greenhouse gas reduction activities, including conservation and efficiency programs and outreach, development requirements, and capital improvement projects Identify data needs Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 3 of 10 99 Proposal for Saratoga Climate Action Plan Update 3 TASK 2. PROJECT MANAGEMENT The consultant will conduct project check-ins every two weeks with City staff to review progress and deadlines, track work tasks and products, resolve issues, and identify next steps. O’Rourke will prepare a status report and project schedule in advance of each check-in. This approach ensures open lines of communication, transparency in the work effort, and accountability. The consultant is committed to completing this project on schedule and within budget and will take all appropriate steps to ensure that the project is managed effectively. TASK 3. UPDATE OF THE 2016 GHG EMISSIONS INVENTORY O’Rourke will update the 2016 Community Greenhouse Gas Emissions Inventory to include 2017 emissions for the residential, commercial, transportation, waste, off-road, water, and wastewater sectors. The update will utilize the same data sources and emissions calculations methodologies used in the 2016 inventory. The inventory results will be reported in an updated Greenhouse Gas Inventory Report and summarized and incorporated into the CAP. Deliverable: 2017 Greenhouse Gas Inventory for Community Emissions Report TASK 4. DEVELOP BUSINESS-AS-USUAL FORECASTS O’Rourke will update the business-as-usual (BAU) forecast of projected community emissions for years 2030, 2040 and 2050. The BAU scenario projects emissions in the absence of any policies or actions that would occur beyond the base year to reduce emissions. The forecasts are derived by “growing” baseline emissions by forecasted changes in population, number of households, jobs, and vehicle miles traveled. The consultant will utilize Plan Bay Area 2040 Projections and travel demand forecasts developed by the Metropolitan Transportation Commission in the BAU projection. TASK 5. CONFIRM GHG REDUCTION TARGETS O’Rourke will confirm the local GHG reduction targets for years 2030 and 2050 with staff. Recommended GHG reduction targets will be consistent with State reduction targets and policy goals. TASK 6. IDENTIFY STATE ACTIONS AND THE GAP ANALYSIS O’Rourke will identify existing State actions that have been approved, programmed and/or adopted and quantify the impact these State actions will have on the BAU forecast. State programs to evaluate and quantify include: x Renewable Portfolio Standard Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 4 of 10 100 Proposal for Saratoga Climate Action Plan Update 4 x Light and Heavy-Duty Fleet Regulations x Lighting Efficiency and Toxic Reduction Act x Title 24 Building Standards The consultant will prepare a memorandum that summarizes and quantifies the impact these State actions will have on community emissions and will quantify the additional GHG reductions needed at the local level to achieve local and State GHG reduction goals. Deliverable: Memorandum on the Impact of State Actions and the Gap Analysis TASK 7. DEVELOP LOCAL ACTIONS The consultant will work with staff and consult with public agencies, service providers, and community groups, as appropriate, to develop potential local GHG reduction actions to include in the CAP. The consultant will quantify GHG reductions from the implementation of these actions and identify a suite of actions that will enable the City to meet its GHG reduction target for 2030. TASK 8. COMMUNITY WORKSHOP The consultant will plan and execute a community workshop that is geared toward brainstorming ideas and gauging community support and priorities for potential GHG reduction strategies. The exact structure and content of the community workshop will be determined with staff, but based upon the consultant’s experience, O’Rourke & Associates proposes consideration of the following format: x A brief presentation that provides an overview of climate change, State goals and legislation to reduce GHG emissions, the Saratoga community’s GHG emissions (sources and trends), how emissions are expected to rise over time, and the reduction needed to reach State targets. x Individual stations for participants to visit at their own pace, engage in conversation with the consultant, staff, and agency representatives, and record their preferences for potential reduction strategies. Each station would be devoted to one CAP topic area, e.g.: Low Carbon Transportation, Renewable Energy, Energy Efficiency, Waste Reduction, Natural Systems and Sequestration, and Adaptation. Graphic displays would communicate trends and issues related to the CAP topic area, and recording paper will allow participants to select preferred reduction strategies through a dot exercise. Deliverables: PowerPoint presentation and workshop materials and displays TASK 9. PLANNING COMMISSION AND CITY COUNCIL STUDY SESSIONS The consultant will facilitate study sessions with the Planning Commission and City Council to confirm the local GHG reduction target and receive direction on strategies to include in the CAP. The consultant Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 5 of 10 101 Proposal for Saratoga Climate Action Plan Update 5 will give a presentation similar to the one provided at the community workshop and summarize community input gathered from the workshop. The consultant will prepare documents containing potential GHG reduction strategies and summarizing community input that can be attached to staff reports. Deliverable: PowerPoint presentation and staff report attachments 10. DRAFT CLIMATE ACTION PLAN All of the prior tasks will be integrated into a comprehensive Climate Action Plan for staff review. The consultant will develop an engaging, easy-to-read, and attractive plan produced in a Word document so staff will be able to easily edit the document in the future. Upon staff comments on the administrative review draft document, the consultant will prepare a public review draft Climate Action Plan. Deliverable: Administrative Draft Climate Action Plan and Public Review Draft Climate Action Plan (in MS Word) TASK 11. COORDINATE WITH THE GENERAL PLAN UPDATE AND CEQA REVIEW PROCESS The consultant will work with staff and the City’s consultants to ensure the CAP is appropriately integrated into the General Plan Update and environmental review process. This scope of work assumes that CEQA review of the draft CAP will be conducted by the City’s environmental consultant as a part of adoption of the updated General Plan. O’Rourke will work with staff and the environmental consultant to identify appropriate emissions thresholds and to demonstrate how implementation of the CAP will result in emissions below those thresholds. TASK 12. CLIMATE ACTION PLAN ADOPTION O’Rourke will work with staff on development of presentation materials and staff reports and will attend one Planning Commission meeting and one City Council meeting to adopt the CAP and associated General Plan Amendments. The consultant will revise the draft plan as necessary based on Planning Commission and Council direction. Deliverable: Final Climate Action Plan (in MS Word and PDF format) on a flash drive and five printed copies TASK 13. WEST VALLEY COLLEGE PROJECT The consultant will meet with West Valley College to determine a project that college students can complete for credit that provides useful data for the City to receive on an annual basis. Based on further discussion with the College, it may be possible to prepare an Excel workbook that students can update Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 6 of 10 102 Proposal for Saratoga Climate Action Plan Update 6 to track the City’s GHG emissions on an annual basis and gather annual data that measure progress on the CAP GHG reduction strategies, such as number of zero emission vehicles registered to Saratoga residents, amount of distributed solar PV installed in Saratoga, etc. The budget includes costs for developing an Excel workbook with explicit instructions, visual aids, and links to locate and update data. Cost Proposal The budget is an estimate of the time and costs required to complete the Scope of Services outlined in this proposal. The Cost Proposal includes all personnel and direct costs for the consultant. Additional meetings and hours not included in the scope of work will be billed at the consultant’s hourly rate of $125. The cost proposal may be refined, and items removed from the scope of work, upon further discussion with staff. O'Rourke (hours at $125/hour) Direct Costs TOTAL COST 1 Kick-off Meeting 5 $625 2 Project Management 24 $3,000 3 Update of the 2016 GHG Inventory 30 $3,750 4 Develop BAU Forecasts 4 $500 5 Confirm GHG Reduction Targets 2 $250 6 State Actions and Gap Analysis 30 $3,750 7 Develop Local Actions 150 $18,750 8 Community Workshop 50 $700 $6,950 9 PC and CC Study Sessions 30 $3,750 10 Draft CAP 60 $7,500 11 GP Update Process and CEQA Analysis 35 $4,375 12 CAP Adoption 20 $2,500 13 West Valley College Project 35 $4,375 TOTAL 475 $700 $60,075 Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 7 of 10 103 Proposal for Marin County Climate Action Plan Update 7 Project Schedule The following presents a preliminary project schedule for the Saratoga Climate Action Plan, subject to refinement based on discussions with staff. Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 8 of 10 104 Proposal for Saratoga Climate Action Plan Update 8 Boston University, BA San Francisco State University, MBA O’Rourke & Associates 2005-Present Baird + Driskell 2002-2005 x Climate Action Plans x Greenhouse Gas Inventories x General Plans x Housing Elements x Project Planning & Management x Grant Writing CHRISTINE O’ROURKE Principal, O’Rourke & Associates 20 Nunes Drive Novato, CA 94945 (415) 613-2907 christine.o@comcast.net AREAS OF EXPERTISE Recent Projects and References San Rafael Climate Change Action Plan 2030, City of San Rafael, 2017-2019. Christine updated the City’s Climate Change Action Plan. She worked with a citizen’s committee over a one-year period to develop GHG reduction measures, developed public engagement activities and surveys, and wrote the plan. The updated plan meets the statewide reduction target and CARB significance threshold for 2030 emissions. The plan is available at cityofsanrafael.org. City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Reference: Cory Bytof Sustainability and Volunteer Program Coordinator (415) 485-3407 Yountville Climate Action Plan, Town of Yountville, 2015-2016. Christine worked with the Town of Yountville and their Council-appointed Go Green Team to develop a Climate Action Plan to reduce greenhouse gas emissions from government operations and community activities. The project involved educating committee members on greenhouse gas emission sources and potential mitigation measures over 14 meetings and leading a community workshop that gathered community feedback on proposed actions. Town of Yountville 655 Yount Street Yountville, CA 94599 Reference: Sandra Liston, Planning and Building Director (707) 944-8851 Climate Action Plans and Greenhouse Gas Inventories, Marin Climate and Energy Partnership, 2010-ongoing. Since 2010, Christine has served as Sustainability Coordinator for the Marin Climate and Energy Partnership (MCEP), a partnership of the eleven Marin cities and towns, the County of Marin, and three public agencies. Christine has developed climate action plans and prepares annual greenhouse gas inventories for the MCEP cities and towns, which are available on the MCEP website at marinclimate.org. She is also responsible for creating content and coordinating design and development of an interactive website that tracks Marin communities’ progress on 12 sustainability metrics at marintracker.org. Christine manages the day-to-day activities of the Partnership, including record keeping, budgeting, and grant management. PROFESSIONAL HISTORY x Town of Yountville x City of Novato x City of San Rafael x City of Martinez x City of Saratoga x City of St. Helena x Town of Ross x Town of Tiburon x Town of Corte Madera x City of Belvedere x City of Larkspur x Town of San Anselmo x County of Martin x Marin Climate & Energy Partnership EDUCATION CLIENT RELATIONSHIPS Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 9 of 10 105 Proposal for Saratoga Climate Action Plan Update 9 CHRISTINE O’ROURKE Additional Projects Yountville General Plan, Town of Yountville, 2016-2019. Project Manager and document writer for a comprehensive update of Yountville’s General Plan. The project included working with a Council-appointed advisory committee over a one-year period; developing goals, policies and programs and writing text for the plan; presenting findings, gathering input and receiving direction from the Town’s committees, commissions, and Council; and extensive community outreach including four community workshops. The plan is available at envisionyountville.com. Novato General Plan 2035, City of Novato, 2013-2018. Project Manager for an in-house update of the Novato General Plan. The project included an existing conditions report, 11 policy papers, design charettes, community workshops, pop-up workshops, online surveys, and outreach to the Hispanic community. Christine also wrote the plan’s text, coordinated graphic design and production, and updated the Climate Action Plan for incorporation into the General Plan. The draft plan is available at novato.org and is expected to be adopted in 2020. Martinez General Plan, City of Martinez, 2016-2018. Christine assisted the City of Martinez in updating and refining a draft General Plan that was previously prepared in-house. She developed four policy papers exploring significant issues that had been raised during public review of the draft EIR and worked with the Planning Commission and Council to resolve those issues. She also peer-reviewed the draft General Plan and revised it to conform to new state requirements. Housing Element Updates, 2002-2015. Christine has been assisting communities with the preparation of their housing elements since 2002. For the 2015-2023 housing element cycle, Christine successfully updated housing elements for the towns and cities of Corte Madera, Tiburon, Belvedere, Novato, St. Helena, Larkspur, and San Anselmo. The projects included community workshops, planning commission and council study sessions and hearings, and preparation of environmental review documents. All seven jurisdictions received approval from the California Department of Housing and Community Development before the statutory deadline. City of St. Helena, 2012-2014. Christine provided on-call consulting services to the City of St. Helena and coordinated activities of the St. Helena Sustainability Committee. Committee initiatives included development of a plastic bag ban ordinance, an energy efficiency project for the hospitality industry, a municipal solar installation project, PACE financing programs, and electric vehicle charging infrastructure. Town of Ross, 2006-2012. Christine provided contract planning services to the Town of Ross. Projects included writing grant proposals, managing grants and consultants, developing ordinances, providing feasibility analyses for potential municipal projects, leading community workshops, and writing and producing the Town’s newsletter and annual reports. Additional References Michael Frank Executive Officer, Marin General Services Authority Former City Manager, City of Novato (415) 798-6073 Adam Wolff Director of Planning and Building Town of Corte Madera (415) 927-5064 Contractor: O'Rourke & Associates Project Name: Climate Action Plan Exhibit A-1 Page 10 of 10 106 &RQWUDFWRU3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI City of Saratoga Services Contract Exhibit B – Insurance 7KHLQVXUDQFHUHTXLUHPHQWVOLVWHGEHORZWKDWKDYHDQ³9´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¶VLQVXUHUWRSURYLGHFRPSOHWHFHUWLILHGFRSLHVRI DOOUHTXLUHGLQVXUDQFHSROLFLHV$VGHVFULEHGLQPRUHGHWDLOEHORZWKH&LW\LWVRIILFHUVRIILFLDOV HPSOR\HHVDJHQWVDQGYROXQWHHUVDUHWREHFRYHUHGDVLQVXUHGV $OOFHUWLILFDWHVDQGHQGRUVHPHQWVPXVWEHUHFHLYHGDQGDSSURYHGE\&LW\EHIRUHZRUN FRPPHQFHV ,QVXUDQFH5HTXLUHPHQWV &RPPHUFLDO*HQHUDO%XVLQHVV/LDELOLW\,QVXUDQFHZLWKFRYHUDJHDWOHDVWDVEURDGDVLQGLFDWHG SHURFFXUUHQFHDJJUHJDWHOLPLWVIRUERGLO\LQMXU\DQGSURSHUW\ GDPDJH &RYHUDJHIRU;&8KD]DUGV0867EHHYLGHQFHGRQWKH&HUWLILFDWHRI,QVXUDQFH $XWR/LDELOLW\,QVXUDQFHZLWKFRYHUDJHDVLQGLFDWHG FRPELQHGVLQJOHOLPLWIRUERGLO\LQMXU\DQGSURSHUW\GDPDJH FRPELQHGVLQJOHOLPLWIRUERGLO\LQMXU\DQGSURSHUW\GDPDJH *DUDJHNHHSHUV¶H[WUDOLDELOLW\HQGRUVHPHQWWRH[WHQGFRYHUDJHWRDOOYHKLFOHVLQWKH FDUHFXVWRG\DQGFRQWURORIWKH&RQWUDFWRUUHJDUGOHVVRIZKHUHWKHYHKLFOHVDUHNHSW RUGULYHQ 3URIHVVLRQDO(UURUVDQG2PLVVLRQV/LDELOLW\³( 2´ZLWKFRYHUDJHDVLQGLFDWHG SHUORVVDJJUHJDWH SHUORVVDJJUHJDWH O'Rourke & Associates Climate Action Plan ✔ ✔ ✔ 107 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW% 3DJHRI :RUNHUV &RPSHQVDWLRQDVUHTXLUHGE\WKH6WDWHRI&DOLIRUQLDZLWKVWDWXWRU\OLPLWVDQG (PSOR\HU¶V/LDELOLW\,QVXUDQFHZLWKDOLPLWRIQROHVVWKDQSHUDFFLGHQWIRU ERGLO\LQMXU\RUGLVHDVH The Employer's Liability policy shall be endorsed to waive any right of subrogation against the City, its employees or agents. $OOVXEFRQWUDFWRUVXVHGPXVWFRPSO\ZLWKWKHDERYHUHTXLUHPHQWVH[FHSWDVQRWHGEHORZ *HQHUDO5HTXLUHPHQWV $VWRDOORIWKHFKHFNHGLQVXUDQFHUHTXLUHPHQWVDERYHWKHIROORZLQJVKDOODSSO\ 1. 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WORK PRODUCT AND RECORDS 10.1 Property of City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ourke & Associates Climate Action Plan 115 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI DQ\PDWHULDODQGH[HFXWHDQ\GRFXPHQWVQHFHVVDU\WRHIIHFWXDWHVXFKDVVLJQPHQW DQGOLFHQVH7KH&RQVXOWDQWPD\UHWDLQDQGXVHFRSLHVRIVXFKZRUNVIRU UHIHUHQFHDQGDVGRFXPHQWDWLRQRILWVH[SHULHQFHDQGFDSDELOLWLHV 10.2 Intellectual Property. &RQVXOWDQWUHSUHVHQWVDQGZDUUDQWVWKDWLWKDVWKHOHJDO ULJKWWRXWLOL]HDOOLQWHOOHFWXDOSURSHUW\LWZLOOXWLOL]HLQWKHSHUIRUPDQFHRIWKLV DJUHHPHQW&RQVXOWDQWIXUWKHUUHSUHVHQWVWKDWLWVKDOOHQVXUH&LW\KDVWKHOHJDO ULJKWWRXWLOL]HDOOLQWHOOHFWXDOSURSHUW\LQYROYHGLQDQGRUUHVXOWLQJIURP &RQVXOWDQW¶VSHUIRUPDQFHRIWKLVDJUHHPHQW&RQVXOWDQWVKDOOLQGHPQLI\DQGKROG &LW\KDUPOHVVIURPDOOORVVDQGOLDELOLW\LQFOXGLQJDWWRUQH\V¶IHHVFRXUWFRVWVDQG DOORWKHUOLWLJDWLRQH[SHQVHVIRUDQ\LQIULQJHPHQWRIWKHSDWHQWULJKWVFRS\ULJKW WUDGHVHFUHWRUDQ\RWKHUSURSULHWDU\ULJKWRUWUDGHPDUNDQGDOORWKHULQWHOOHFWXDO SURSHUW\FODLPVRIDQ\SHUVRQRUSHUVRQVLQFRQVHTXHQFHRIWKHXVHE\&LW\RU DQ\RILWVRIILFHUVRUDJHQWVRIDUWLFOHVRUVHUYLFHVWREHVXSSOLHGLQWKH SHUIRUPDQFHRIWKLVDJUHHPHQW 10.3 Retention of Records. 8QWLOWKHH[SLUDWLRQRIILYH\HDUVDIWHUWKHIXUQLVKLQJRI DQ\VHUYLFHVSXUVXDQWWRWKLVDJUHHPHQW&RQVXOWDQWVKDOOUHWDLQDQGPDNH DYDLODEOHWRWKH&LW\RUDQ\SDUW\GHVLJQDWHGE\WKH&LW\XSRQZULWWHQUHTXHVWE\ &LW\WKLVDJUHHPHQWDQGVXFKERRNVGRFXPHQWVDQGUHFRUGVRI&RQVXOWDQWDQG DQ\ERRNVGRFXPHQWVDQGUHFRUGVRIDQ\VXEFRQWUDFWRUVWKDWDUHQHFHVVDU\RU FRQYHQLHQWIRUDXGLWSXUSRVHVWRFHUWLI\WKHQDWXUHDQGH[WHQWRIWKHUHDVRQDEOH FRVWRIVHUYLFHVWR&LW\ 10.4 Use of Recycled Paper and Electronic Documents.&RQVXOWDQWVKDOOSUHSDUH DQGVXEPLWDOOUHSRUWVZULWWHQVWXGLHVDQGRWKHUSULQWHGPDWHULDORQUHF\FOHG SDSHUWRWKHH[WHQWLWLVDYDLODEOHDWHTXDORUOHVVFRVWWKDQYLUJLQSDSHU 'RFXPHQWVVKDOOEHSULQWHGRQERWKVLGHVRIWKHSDJHDQG&LW\VKDOOEHSURYLGHG ZLWKHOHFWURQLFFRSLHVRIGRFXPHQWVLQ:RUGRUSGIIRUPDWH[FHSWZKHUH XQXVXDOFLUFXPVWDQFHVPDNHLWLQIHDVLEOHWRGRVR 11. CONFIDENTIAL INFORMATION&RQVXOWDQWVKDOOKROGDQ\FRQILGHQWLDO LQIRUPDWLRQUHFHLYHGIURP&LW\LQWKHFRXUVHRISHUIRUPLQJWKLVDJUHHPHQWLQWUXVWDQG FRQILGHQFHDQGZLOOQRWUHYHDOVXFKFRQILGHQWLDOLQIRUPDWLRQWRDQ\SHUVRQRUHQWLW\ HLWKHUGXULQJWKHWHUPRIWKHDJUHHPHQWRUDWDQ\WLPHWKHUHDIWHU8SRQH[SLUDWLRQRIWKLV DJUHHPHQWRUWHUPLQDWLRQDVSURYLGHGKHUHLQ&RQVXOWDQWVKDOOUHWXUQPDWHULDOVZKLFK FRQWDLQDQ\FRQILGHQWLDOLQIRUPDWLRQWR&LW\&RQVXOWDQWPD\NHHSRQHFRS\IRULWV FRQILGHQWLDOILOH)RUSXUSRVHVRIWKLVSDUDJUDSKFRQILGHQWLDOLQIRUPDWLRQLVGHILQHGDVDOO LQIRUPDWLRQGLVFORVHGWR&RQVXOWDQWZKLFKUHODWHVWR&LW\ VSDVWSUHVHQWDQGIXWXUH DFWLYLWLHVDVZHOODVDFWLYLWLHVXQGHUWKLVDJUHHPHQWZKLFKLQIRUPDWLRQLVQRWRWKHUZLVH RISXEOLFUHFRUGXQGHU&DOLIRUQLDODZ 12. RESPONSIBILITY OF CONSULTANT&RQVXOWDQWVKDOOWDNHDOOUHVSRQVLELOLW\IRU WKHZRUNVKDOOEHDUDOOORVVHVDQGGDPDJHVGLUHFWO\RULQGLUHFWO\UHVXOWLQJWR&RQVXOWDQW WRDQ\VXEFRQWUDFWRUWRWKH&LW\WR&LW\RIILFHUVDQGHPSOR\HHVRUWRSDUWLHVGHVLJQDWHG E\WKH&LW\RQDFFRXQWRIWKHSHUIRUPDQFHRUFKDUDFWHURIWKHZRUNXQIRUHVHHQ GLIILFXOWLHVDFFLGHQWVRFFXUUHQFHVRURWKHUFDXVHVWRWKHH[WHQWSUHGLFDWHGRQDFWLYHRU SDVVLYHQHJOLJHQFHRIWKH&RQVXOWDQWRURIDQ\VXEFRQWUDFWRU O'Rourke & Associates Climate Action Plan 116 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±([KLELW& 3DJHRI 13. 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DISPUTE RESOLUTION7KHSDUWLHVVKDOOPDNHDJRRGIDLWKHIIRUWWRVHWWOHDQ\ GLVSXWHRUFODLPDULVLQJXQGHUWKLVDJUHHPHQW,IWKHSDUWLHVIDLOWRUHVROYHVXFKGLVSXWHV RUFODLPVWKH\VKDOOVXEPLWWKHPWRQRQELQGLQJPHGLDWLRQLQ&DOLIRUQLDDWVKDUHG H[SHQVHRIWKHSDUWLHVIRUDWOHDVWKRXUVRIPHGLDWLRQ,IPHGLDWLRQGRHVQRWDUULYHDWD VDWLVIDFWRU\UHVXOWDUELWUDWLRQLIDJUHHGWRE\DOOSDUWLHVRUOLWLJDWLRQPD\EHSXUVXHG,Q WKHHYHQWDQ\GLVSXWHUHVROXWLRQSURFHVVHVDUHLQYROYHGHDFKSDUW\VKDOOEHDULWVRZQ FRVWVDQGDWWRUQH\V¶IHHV 17. LITIGATION,IDQ\OLWLJDWLRQLVFRPPHQFHGEHWZHHQSDUWLHVWRWKLVDJUHHPHQW FRQFHUQLQJDQ\SURYLVLRQKHUHRIRUWKHULJKWVDQGGXWLHVRIDQ\SHUVRQLQUHODWLRQWKHUHWR HDFKSDUW\VKDOOEHDULWVRZQDWWRUQH\V¶IHHVDQGFRVWV 18. JURISDICTION AND SEVERABILITY7KLVDJUHHPHQWVKDOOEHDGPLQLVWHUHGDQG LQWHUSUHWHGXQGHUWKHODZVRIWKH6WDWHRI&DOLIRUQLD-XULVGLFWLRQRIOLWLJDWLRQDULVLQJIURP WKLVDJUHHPHQWVKDOOEHLQWKDWVWDWHDQGYHQXHVKDOOEHLQ6DQWD&ODUD&RXQW\&DOLIRUQLD ,IDQ\SDUWRIWKLVDJUHHPHQWLVIRXQGWRFRQIOLFWZLWKDSSOLFDEOHODZVVXFKSDUWVKDOOEH LQRSHUDWLYHQXOODQGYRLGLQVRIDUDVLWFRQIOLFWVZLWKVDLGODZVEXWWKHUHPDLQGHURIWKLV DJUHHPHQWVKDOOEHLQIXOOIRUFHDQGHIIHFW O'Rourke & Associates Climate Action Plan 119 &RQWUDFWRU 3URMHFW1DPH 5HY &LW\RI6DUDWRJD6HUYLFHV&RQWUDFW±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¶VREOLJDWLRQVRUWR H[HUFLVH&LW\ VULJKWVVKDOOLQQRHYHQWEHGHHPHGDZDLYHURIWKHULJKWWRGRVRWKHUHDIWHU -End of Exhibit C- O'Rourke & Associates Climate Action Plan 120 Proposal to Prepare the City of Saratoga Climate Action Plan November 26, 2019 Christine O’Rourke, Principal O’Rourke & Associates 20 Nunes Drive Novato, CA 94945 (415) 613-2901 chirstine.o@comcast.net 121 Proposal for Saratoga Climate Action Plan Update 1 Project Overview O’Rourke & Associates is pleased to submit this proposal to prepare the City of Saratoga Climate Action Plan. This proposal provides a general overview of the tasks, schedule and estimated budget to develop the plan, including the planning and execution of community engagement activities. The Climate Action Plan (CAP) will utilize the information presented in the City’s 2016 community greenhouse gas emissions inventory, which Christine O’Rourke, principal of O’Rourke & Associates, prepared for the City in 2018. The purpose of a CAP is to compile existing and potential strategies that the City government and the community can use to address climate change. The CAP will provide a brief background on what climate change is and its potential impacts, but primarily will focus on the efforts the City and the Saratoga community can take to reduce their greenhouse gas emissions and mitigate, to the extent feasible at the local level, the potential impacts of climate change. The goal is to create an engaging and highly readable document for the layperson, while containing clear and actionable measures that staff can effectively implement. Specifically, the plan will accomplish the following: • Update the City’s 2016 Greenhouse Gas Emissions Inventory to include 2017 emission sources. • Estimate how these emissions may change over time under a business-as-usual forecast. • Identify local greenhouse gas reduction goals for 2030 and 2050 that are consistent with Senate Bill 32 and the California Air Resources Board 2017 Climate Change Scoping Plan. • Identify and quantify State actions that will reduce emissions at the local level by 2030. • Perform a gap analysis to determine the reductions needed through local programs to achieve a greenhouse gas emissions reduction goal that is 40% below 1990 levels by 2030, consistent with Senate Bill 32, and put the City on track to achieve longer-term goals. • Provide energy use, transportation, land use, waste, water, wastewater, and natural system strategies for community and local government action; develop quantitative targets for each action; and quantify greenhouse gas emissions reductions that will be achieved at the local level if those targets are achieved. • Provide adaptation strategies to assist the community in responding to a changing climate. • Incorporate existing sustainability initiatives and planned capital improvement projects. • Highlight the City’s accomplishments in reducing GHG emissions to date. • Identify potential funding sources and financing options for local actions, as well as opportunities to collaborate with other jurisdictions, agencies, utility providers, and public/private partnerships. • Identify the agencies and departments responsible to implement each GHG reduction action and indicators to measure progress. 122 Proposal for Saratoga Climate Action Plan Update 2 The Climate Action Plan will meet the criteria for a greenhouse gas reduction plan established in CEQA Guidelines section 15183.5 as follows: 1. Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; 2. Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; 3. Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; 4. Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level; 5. Be adopted in a public process following environmental review. According to CEQA Guidelines, a local government may streamline project-level analysis of greenhouse gas (GHG) emissions through compliance with a greenhouse gas reduction plan that meets the above criteria. The greenhouse gas reduction plan, once adopted following certification of an EIR or adoption of an environmental document, may be used in the cumulative impacts analysis of later projects such as development or infrastructure projects. An environmental document that relies on a greenhouse gas reduction plan for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. Scope of Work TASK 1. KICK-OFF MEETING A kick-off meeting will be held with staff and liaisons from key departments to accomplish several objectives, including:  Establish working relationships for the project  Refine the scope of work and schedule  Share expectations for the project  Define roles and responsibilities of the consultant and department staff  Establish communication protocols  Review existing greenhouse gas reduction activities, including conservation and efficiency programs and outreach, development requirements, and capital improvement projects  Identify data needs 123 Proposal for Saratoga Climate Action Plan Update 3 TASK 2. PROJECT MANAGEMENT The consultant will conduct project check-ins every two weeks with City staff to review progress and deadlines, track work tasks and products, resolve issues, and identify next steps. O’Rourke will prepare a status report and project schedule in advance of each check-in. This approach ensures open lines of communication, transparency in the work effort, and accountability. The consultant is committed to completing this project on schedule and within budget and will take all appropriate steps to ensure that the project is managed effectively. TASK 3. UPDATE OF THE 2016 GHG EMISSIONS INVENTORY O’Rourke will update the 2016 Community Greenhouse Gas Emissions Inventory to include 2017 emissions for the residential, commercial, transportation, waste, off-road, water, and wastewater sectors. The update will utilize the same data sources and emissions calculations methodologies used in the 2016 inventory. The inventory results will be reported in an updated Greenhouse Gas Inventory Report and summarized and incorporated into the CAP. Deliverable: 2017 Greenhouse Gas Inventory for Community Emissions Report TASK 4. DEVELOP BUSINESS-AS-USUAL FORECASTS O’Rourke will update the business-as-usual (BAU) forecast of projected community emissions for years 2030, 2040 and 2050. The BAU scenario projects emissions in the absence of any policies or actions that would occur beyond the base year to reduce emissions. The forecasts are derived by “growing” baseline emissions by forecasted changes in population, number of households, jobs, and vehicle miles traveled. The consultant will utilize Plan Bay Area 2040 Projections and travel demand forecasts developed by the Metropolitan Transportation Commission in the BAU projection. TASK 5. CONFIRM GHG REDUCTION TARGETS O’Rourke will confirm the local GHG reduction targets for years 2030 and 2050 with staff. Recommended GHG reduction targets will be consistent with State reduction targets and policy goals. TASK 6. IDENTIFY STATE ACTIONS AND THE GAP ANALYSIS O’Rourke will identify existing State actions that have been approved, programmed and/or adopted and quantify the impact these State actions will have on the BAU forecast. State programs to evaluate and quantify include: • Renewable Portfolio Standard 124 Proposal for Saratoga Climate Action Plan Update 4 • Light and Heavy-Duty Fleet Regulations • Lighting Efficiency and Toxic Reduction Act • Title 24 Building Standards The consultant will prepare a memorandum that summarizes and quantifies the impact these State actions will have on community emissions and will quantify the additional GHG reductions needed at the local level to achieve local and State GHG reduction goals. Deliverable: Memorandum on the Impact of State Actions and the Gap Analysis TASK 7. DEVELOP LOCAL ACTIONS The consultant will work with staff and consult with public agencies, service providers, and community groups, as appropriate, to develop potential local GHG reduction actions to include in the CAP. The consultant will quantify GHG reductions from the implementation of these actions and identify a suite of actions that will enable the City to meet its GHG reduction target for 2030. TASK 8. COMMUNITY WORKSHOP The consultant will plan and execute a community workshop that is geared toward brainstorming ideas and gauging community support and priorities for potential GHG reduction strategies. The exact structure and content of the community workshop will be determined with staff, but based upon the consultant’s experience, O’Rourke & Associates proposes consideration of the following format: • A brief presentation that provides an overview of climate change, State goals and legislation to reduce GHG emissions, the Saratoga community’s GHG emissions (sources and trends), how emissions are expected to rise over time, and the reduction needed to reach State targets. • Individual stations for participants to visit at their own pace, engage in conversation with the consultant, staff, and agency representatives, and record their preferences for potential reduction strategies. Each station would be devoted to one CAP topic area, e.g.: Low Carbon Transportation, Renewable Energy, Energy Efficiency, Waste Reduction, Natural Systems and Sequestration, and Adaptation. Graphic displays would communicate trends and issues related to the CAP topic area, and recording paper will allow participants to select preferred reduction strategies through a dot exercise. Deliverables: PowerPoint presentation and workshop materials and displays TASK 9. PLANNING COMMISSION AND CITY COUNCIL STUDY SESSIONS The consultant will facilitate study sessions with the Planning Commission and City Council to confirm the local GHG reduction target and receive direction on strategies to include in the CAP. The consultant 125 Proposal for Saratoga Climate Action Plan Update 5 will give a presentation similar to the one provided at the community workshop and summarize community input gathered from the workshop. The consultant will prepare documents containing potential GHG reduction strategies and summarizing community input that can be attached to staff reports. Deliverable: PowerPoint presentation and staff report attachments 10. DRAFT CLIMATE ACTION PLAN All of the prior tasks will be integrated into a comprehensive Climate Action Plan for staff review. The consultant will develop an engaging, easy-to-read, and attractive plan produced in a Word document so staff will be able to easily edit the document in the future. Upon staff comments on the administrative review draft document, the consultant will prepare a public review draft Climate Action Plan. Deliverable: Administrative Draft Climate Action Plan and Public Review Draft Climate Action Plan (in MS Word) TASK 11. COORDINATE WITH THE GENERAL PLAN UPDATE AND CEQA REVIEW PROCESS The consultant will work with staff and the City’s consultants to ensure the CAP is appropriately integrated into the General Plan Update and environmental review process. This scope of work assumes that CEQA review of the draft CAP will be conducted by the City’s environmental consultant as a part of adoption of the updated General Plan. O’Rourke will work with staff and the environmental consultant to identify appropriate emissions thresholds and to demonstrate how implementation of the CAP will result in emissions below those thresholds. TASK 12. CLIMATE ACTION PLAN ADOPTION O’Rourke will work with staff on development of presentation materials and staff reports and will attend one Planning Commission meeting and one City Council meeting to adopt the CAP and associated General Plan Amendments. The consultant will revise the draft plan as necessary based on Planning Commission and Council direction. Deliverable: Final Climate Action Plan (in MS Word and PDF format) on a flash drive and five printed copies TASK 13. WEST VALLEY COLLEGE PROJECT The consultant will meet with West Valley College to determine a project that college students can complete for credit that provides useful data for the City to receive on an annual basis. Based on further discussion with the College, it may be possible to prepare an Excel workbook that students can update 126 Proposal for Saratoga Climate Action Plan Update 6 to track the City’s GHG emissions on an annual basis and gather annual data that measure progress on the CAP GHG reduction strategies, such as number of zero emission vehicles registered to Saratoga residents, amount of distributed solar PV installed in Saratoga, etc. The budget includes costs for developing an Excel workbook with explicit instructions, visual aids, and links to locate and update data. Cost Proposal The budget is an estimate of the time and costs required to complete the Scope of Services outlined in this proposal. The Cost Proposal includes all personnel and direct costs for the consultant. Additional meetings and hours not included in the scope of work will be billed at the consultant’s hourly rate of $125. The cost proposal may be refined, and items removed from the scope of work, upon further discussion with staff. O'Rourke (hours at $125/hour) Direct Costs TOTAL COST 1 Kick-off Meeting 5 $625 2 Project Management 24 $3,000 3 Update of the 2016 GHG Inventory 30 $3,750 4 Develop BAU Forecasts 4 $500 5 Confirm GHG Reduction Targets 2 $250 6 State Actions and Gap Analysis 30 $3,750 7 Develop Local Actions 150 $18,750 8 Community Workshop 50 $700 $6,950 9 PC and CC Study Sessions 30 $3,750 10 Draft CAP 60 $7,500 11 GP Update Process and CEQA Analysis 35 $4,375 12 CAP Adoption 20 $2,500 13 West Valley College Project 35 $4,375 TOTAL 475 $700 $60,075 127 Proposal for Marin County Climate Action Plan Update 7 Project Schedule The following presents a preliminary project schedule for the Saratoga Climate Action Plan, subject to refinement based on discussions with staff. 128 Proposal for Saratoga Climate Action Plan Update 8 Boston University, BA San Francisco State University, MBA O’Rourke & Associates 2005-Present Baird + Driskell 2002-2005 • Climate Action Plans • Greenhouse Gas Inventories • General Plans • Housing Elements • Project Planning & Management • Grant Writing CHRISTINE O’ROURKE Principal, O’Rourke & Associates 20 Nunes Drive Novato, CA 94945 (415) 613-2907 christine.o@comcast.net AREAS OF EXPERTISE Recent Projects and References San Rafael Climate Change Action Plan 2030, City of San Rafael, 2017-2019. Christine updated the City’s Climate Change Action Plan. She worked with a citizen’s committee over a one-year period to develop GHG reduction measures, developed public engagement activities and surveys, and wrote the plan. The updated plan meets the statewide reduction target and CARB significance threshold for 2030 emissions. The plan is available at cityofsanrafael.org. City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 Reference: Cory Bytof Sustainability and Volunteer Program Coordinator (415) 485-3407 Yountville Climate Action Plan, Town of Yountville, 2015-2016. Christine worked with the Town of Yountville and their Council-appointed Go Green Team to develop a Climate Action Plan to reduce greenhouse gas emissions from government operations and community activities. The project involved educating committee members on greenhouse gas emission sources and potential mitigation measures over 14 meetings and leading a community workshop that gathered community feedback on proposed actions. Town of Yountville 655 Yount Street Yountville, CA 94599 Reference: Sandra Liston, Planning and Building Director (707) 944-8851 Climate Action Plans and Greenhouse Gas Inventories, Marin Climate and Energy Partnership, 2010-ongoing. Since 2010, Christine has served as Sustainability Coordinator for the Marin Climate and Energy Partnership (MCEP), a partnership of the eleven Marin cities and towns, the County of Marin, and three public agencies. Christine has developed climate action plans and prepares annual greenhouse gas inventories for the MCEP cities and towns, which are available on the MCEP website at marinclimate.org. She is also responsible for creating content and coordinating design and development of an interactive website that tracks Marin communities’ progress on 12 sustainability metrics at marintracker.org. Christine manages the day-to-day activities of the Partnership, including record keeping, budgeting, and grant management. PROFESSIONAL HISTORY • Town of Yountville • City of Novato • City of San Rafael • City of Martinez • City of Saratoga • City of St. Helena • Town of Ross • Town of Tiburon • Town of Corte Madera • City of Belvedere • City of Larkspur • Town of San Anselmo • County of Martin • Marin Climate & Energy Partnership EDUCATION CLIENT RELATIONSHIPS 129 Proposal for Saratoga Climate Action Plan Update 9 CHRISTINE O’ROURKE Additional Projects Yountville General Plan, Town of Yountville, 2016-2019. Project Manager and document writer for a comprehensive update of Yountville’s General Plan. The project included working with a Council-appointed advisory committee over a one-year period; developing goals, policies and programs and writing text for the plan; presenting findings, gathering input and receiving direction from the Town’s committees, commissions, and Council; and extensive community outreach including four community workshops. The plan is available at envisionyountville.com. Novato General Plan 2035, City of Novato, 2013-2018. Project Manager for an in-house update of the Novato General Plan. The project included an existing conditions report, 11 policy papers, design charettes, community workshops, pop-up workshops, online surveys, and outreach to the Hispanic community. Christine also wrote the plan’s text, coordinated graphic design and production, and updated the Climate Action Plan for incorporation into the General Plan. The draft plan is available at novato.org and is expected to be adopted in 2020. Martinez General Plan, City of Martinez, 2016-2018. Christine assisted the City of Martinez in updating and refining a draft General Plan that was previously prepared in-house. She developed four policy papers exploring significant issues that had been raised during public review of the draft EIR and worked with the Planning Commission and Council to resolve those issues. She also peer-reviewed the draft General Plan and revised it to conform to new state requirements. Housing Element Updates, 2002-2015. Christine has been assisting communities with the preparation of their housing elements since 2002. For the 2015-2023 housing element cycle, Christine successfully updated housing elements for the towns and cities of Corte Madera, Tiburon, Belvedere, Novato, St. Helena, Larkspur, and San Anselmo. The projects included community workshops, planning commission and council study sessions and hearings, and preparation of environmental review documents. All seven jurisdictions received approval from the California Department of Housing and Community Development before the statutory deadline. City of St. Helena, 2012-2014. Christine provided on-call consulting services to the City of St. Helena and coordinated activities of the St. Helena Sustainability Committee. Committee initiatives included development of a plastic bag ban ordinance, an energy efficiency project for the hospitality industry, a municipal solar installation project, PACE financing programs, and electric vehicle charging infrastructure. Town of Ross, 2006-2012. Christine provided contract planning services to the Town of Ross. Projects included writing grant proposals, managing grants and consultants, developing ordinances, providing feasibility analyses for potential municipal projects, leading community workshops, and writing and producing the Town’s newsletter and annual reports. Additional References Michael Frank Executive Officer, Marin General Services Authority Former City Manager, City of Novato (415) 798-6073 Adam Wolff Director of Planning and Building Town of Corte Madera (415) 927-5064 130 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:James Lindsay, City Manager SUBJECT:Discussion of Minimum Wage RECOMMENDED ACTION: Receive report and direct staff accordingly. BACKGROUND: In September 2015, the City Council authorized participation in a regional study commissioned by the Cities Association and the City of San Jose to increase the minimum wage throughout Santa Clara County to $15 per hour by the year 2019. In June 2016, the Cities Association distributed a model minimum wage ordinance to all the cities in the County (Attachment A)that would achieve that goal.Eight cities in Santa Clara County (shown in the table below) adopted the ordinance with some variations.The table below shows the minimum wage for each of the eight cities as compared to the California and Federal rates. Jurisdiction January 2020 Cupertino $15.35 Los Altos $15.40 Milpitas*$15.00 Mountain View $16.05 Palo Alto $15.40 Santa Clara $15.40 San Jose $15.25 Sunnyvale $16.05 California (employers with 26+ employees)$13.00 Federal $7.25 * Milpitas wages are updated in July The minimum wage for employers in California with 25 or fewer employees is $12.00 per hour. The California minimum wage is applicable for those jurisdictions in the state that have not established a higher minimum wage. 131 Thecitiesthat adopted the model ordinanceincluded an exemption for government agencies within their jurisdiction to be exempt from the local minimum wage ordinance (federal agencies, state agencies, school districts, and other auxiliary organizations), but did not exempt the city itselffrom paying higher hourly wages. There is a pre-existing exemption in State law for “learners.” Individuals, regardless of age, may be paid not less than 85% of the minimum wage during their first 160 hours of employment in a position in which they have no prior or similar experience. The City of San Jose opted to deviate from the model ordinance by including a similar learner exemption in their City ordinance. Minimum Wage Study The primary focus of the 2015 study included anticipated impacts to workers, employers, and the local economy should the minimum wage be increased to $15 per hour in phases by 2019 throughout Santa Clara County. The study suggested that increasing the minimum wage countywide to $15 per hour by 2019 would increase earnings for roughly 250,000 workers in Santa Clara County and increase annual earnings of these workers by approximate 19.4 percent or $3,200 (based on 2014 numbers). The study also concluded that the minimum wage increase would result on a 0.2 percent increase in average prices and no net effect on jobs. The study was conducted before passage of Senate Bill (SB) 3, which will increase the statewide minimum wage to $15 per hour by 2022 for employers with 26 or more employees. Key findings and the results of the study are included in Attachment B. Cities Association Model Ordinance & Senate Bill 3 In early April 2016, Governor Jerry Brown signed SB 3 into law (Attachment C). There are a number of differences between SB 3 and the model ordinance adopted by the eight Santa Clara County cities. Most prominent is the schedule for implementation of the minimum wage increases. The Cities Association’s model ordinance resulted in establishing a minimum wage of $15 per hour in 2019 however, the timeline under SB 3 to reach $15 per hour for employers with 26 or more employees is 2022. Additionally, while both the model ordinance and SB 3 call for annual increases after reaching the target of $15 per hour, the increases are based on different Consumer Price Indexes. The model ordinance contains an annual increase in alignment with the San Francisco-Oakland-San Jose Consumer Price Index for Urban Wage Earners and Clerical Workers (Bay Area CPI-W) with a cap of 5% per year. SB 3 calls for an annual percentage increase using the United States Consumer Price Index for Urban Wage Earners and Clerical Worker (US CPI-W) with a cap of 3.5% per year. The five-year average August rate for the Bay Area CPI-W is 2.9% and 1.34% for the US CPI-W. Schedule of Minimum Wage Increases Year Model Ordinance SB 3 26+ Employees SB 3 < 26 Employees 2020 $15.40 $13 $12 2021 $15.85*$14 $13 2022 $16.31*$15 $14 2023 $16.78*$15.20*$15 * Estimates applying CPI average increases per year 132 Another significant difference between SB 3 and the Cities Association minimum wage model ordinance is the ongoing administration which includes: -Annual publication/distribution of minimum wage increases in top 3 languages spoken in City based on most current Census data -Investigation and resolution of complaints -Implementation of minimum wage increases FISCAL STATEMENT: Adoption of a local minimum wage ordinance would require ongoing administration and enforcement. Other cities have entered into a service agreement with the City of San Jose to provide those services. The currented estimated cost for those services is $15,000 annually. Should Council direct the preparation of a minimum wage ordinance, staff would recommend an outreach period of 5 weeks prior to the public hearing to allow sufficient time to notify businesses of the proposed minimum wage changes via direct mail (either postcard or letter) and through the City’s other communication channels. ATTACHMENTS: Attachment A – Cities Association of Santa Clara County Minimum Wage Model Ordinance Attachment B – Santa Clara County Minimum Wage Study Attachment C – Senate Bill 3 133 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF --- TO AMEND SECTION --- (MINIMUM WAGE) OF CHAPTER --- (MINIMUM WAGE ORDINANCE) TO TITLE -- (REVENUE AND FINANCE) OF THE --- MUNICIPAL CODE TO INCREASE THE CITY- WIDE MINIMUM WAGE WHEREAS, families and workers need to earn a living wage, and public policies which help achieve that goal are beneficial; and WHEREAS, payment of a minimum wage advances the interests of the City as a whole by creating jobs that keep workers and their families out of poverty; and WHEREAS, a minimum wage will enable a worker to meet basic needs and avoid economic hardship; and WHEREAS, this ordinance is intended to improve the quality of services provided in the City to the public by reducing turnover, absenteeism, and instability in the workplace; and WHEREAS, prompt and efficient enforcement of this Chapter will provide workers with economic security and the assurance that their rights will be respected; and WHEREAS, key findings of a regional minimum wage study and survey performed by the Institute for Research on Labor and Employment at UC Berkeley and BW Research showed that increasing the minimum wage to $15.00 an hour by 2019 in Santa Clara County would: ● Increase earnings for 250,000 workers ● Raise average annual earnings of affected workers by 19.4 percent, or $3,200.00 (in 2014 dollars) ● Slightly increase average prices in Santa Clara County by 0.2 percent over three years ● Have a net effect on employment that is slightly negative at the county level (1,450 jobs) and close to zero at a 10 county regional level; WHEREAS, the Cities Association of Santa Clara County recommends a regional minimum wage increase to $15.00 by 2019 as an effort to prevent an uneven playing field that can be damaging to local economies, provide equity to our shared economy, and implement regional consistency across the county. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF --- DOES ORDAIN AS FOLLOWS: ##.##.###. Minimum Wage. 134 2 ##.##.010 Title. This chapter shall be known as the “Minimum Wage Ordinance.” ##.##.020 Authority. This chapter is adopted pursuant to the powers vested in the city of _______ under the laws and Constitution of the state of California, including, but not limited to, the police powers vested in the city pursuant to Article XI, Section 7 of the California Constitution and Section 1205(b) of the California Labor Code. ##.##.030 Definitions. The following words and phrases, whenever used in the chapter, shall be construed as defined in this section: (a) “City” shall mean the City of ---, California or any agency designated by the City to administer the terms of this chapter. (b) “Employee” shall mean any person who: 1. In a calendar week performs at least two (2) hours of work for an employer as defined below; and 2. Qualifies as an employee entitled to payment of a minimum wage from any employer under the California Minimum Wage Law, as provided under Sec. 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a welfare-to-work Program. (c) “Employer” shall mean any person, including corporate officers or executives, as defined in Sec. 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any employee and who is either subject to the City’s business license require ments or maintains a business facility in the city. (d) “Governmental agencies” shall include federal agencies, state agencies, school districts and auxiliary organizations as defined under Education Code Sections 72670(c) and 89901. “Governmental agency” does not include the city of ---. (e) “Minimum wage” shall have the meaning set forth in Section #.##.040 of this chapter. (f) “Welfare-to-Work Program” shall mean the CalWORKS Program, County Adult Assistance Program (CAAP) which includes the Personal Assisted Employment Services (PAES) Program, and General Assistance Program, and any successor programs that are substantially similar to them. 135 3 ##.##.040 Minimum wage. (a) Employers shall pay employees no less than the minimum wage set forth in this section for each hour worked within the geographic boundaries of the city of ---. Governmental agencies are exempt from the minimum wage requirements under the principle of governmental immunity when the work performed is related to the agency’s governmental function. (b) Effective January 1, 2017, the Minimum Wage shall be an hourly rate of twelve dollars ($12.00). On January 1, 2018, the minimum wage shall be an hourly rate of thirteen dollars and fifty cents ($13.50). On January 1, 2019, the minimum wage shall be an hourly rate of fifteen dollars ($15.00), except when these scheduled increases are temporarily suspended under subdivision (f). To prevent inflation from eroding its value, beginning on January 1, 2020, and each January 1st thereafter, the Minimum Wage shall increase by an amount corresponding to the increase, if any, in the cost of living, not to exceed 5%. The prior year's increase in the cost of living shall be measured by the percentage increase, if any, as of August of the immediately preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco-Oakland-San Jose, CA for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the Minimum Wage increase rounded to the nearest multiple of five ($.05) cents. If there is no net increase in the cost of living, the minimum wage shall remain unchanged for that year. The adjusted Minimum Wage shall be announced by October 1st of each year, or as soon as practicable thereafter if the Consumer Price Index for August has not yet been published, and shall become effective as the new Minimum Wage on January 1st of the following year. (c) Commissions or guaranteed gratuities, not including discretionary tips, may be counted toward payment of the minimum wage when the commissions or guaranteed gratuities are earned and paid together with other compensation paid to an employee and are equal to or greater than the current minimum wage. For each pay period, employers shall pay the employee an amount that equals or exceeds the current hourly minimum wage. (d) The employer may offset a portion of the minimum wage for housing and meal costs only if the offsets are the same as those available under the California Minimum Wage Law. The offsets shall only be recognized if there is a prior voluntary agreement between the employer and the employee. (e) A violation for unlawfully failing to pay the minimum wage shall be deemed to continue from the date immediately following the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date immediately preceding the date the wages are paid in full. (f) On or before September 1, 2017, and on or before every September 1 thereafter until the minimum wage is fifteen dollars ($15.00) per hour, to ensure that economic conditions can support a minimum wage increase, the IMPLEMENTING BODY shall annually make a determination and certify to the City Council whether each condition below is met: (A) Total nonfarm employment for California, seasonally adjusted, decreased over the three-month period from April to June, inclusive, prior to the September 1 determination. 136 4 This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in March, as reported by the Employment Development Department. (B) Total nonfarm employment for California, seasonally adjusted, decreased over the six-month period from January to June, inclusive, prior to the September 1 determination. This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in December, as reported by the Employment Development Department. (C) California state retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending one month prior to the September 1 determination is less than retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending 14 months prior to the September 1 determination. The calculation for the condition specified in this subparagraph shall be made by the IMPLEMENTING BODY using data posted online by the State Board of Equalization, following the procedure specified in paragraph (1) of subdivision (c) of Section 1182.12 of the California Labor Code as follows: (i) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the total retail sales (sales before adjustments) for the prior month derived from their daily retail sales and use tax reports. (ii) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the monthly factor required to convert the prior month’s retail sales and use tax total from all tax rates to a retail sales and use tax total from a 3.9375-percent tax rate. (iii) The Department of Finance shall multiply the monthly total from clause (i) by the monthly factor from clause (ii) for each month. (iv) The Department of Finance shall sum the monthly totals calculated in clause (iii) to calculate the 12-month July 1 to June 30, inclusive, totals needed for the comparison in this subparagraph. (g) If, for any year, the condition in either subparagraph (A) or (B) of paragraph (f) is met, and if the condition in subparagraph (C) of paragraph (f) is met, the City Council may, on or before October 1 of that year, make a determination to temporarily suspend the minimum wage increase scheduled for the following year. (h) If the City Council makes a determination to temporarily suspend the scheduled minimum wage increases for the following year, all dates specified in paragraph (b) that are subsequent to the October 1 determination date shall be postponed by an additional year. 137 5 ##.##.050 Waiver through collective bargaining. All or any portion of the applicable requirements of this Chapter shall not apply to Employees covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. ##.##.060 Notice, posting and payroll records. (a) By November 1st or as soon as practicable thereafter of each year, the city shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate for the upcoming year, which shall take effect on January 1st. In conjunction with this bulletin, the city shall by November 1st, or as soon as practicable thereafter of each year, publish and make available to employers, in the top three languages spoken in the city based on the latest available census information for the city, a notice suitable for posting by employers in the workplace informing employees of the current minimum wage rate and of their rights under this chapter. (b) Every employer shall post in a conspicuous place at any workplace or job site where any employee works the notice published each year by the city informing employees of the current minimum wage rate and of their rights under this chapter. Every employer shall post such notices in the top three languages spoken in the city based on the latest available census information for the city at the workplace or job site. Every employer shall also provide each employee at the time of hire with the employer’s name, address, and telephone number in writing. (c) Employers shall retain payroll records pertaining to employees for a period of four years, and shall allow the city access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter. Where an employer does not maintain or retain adequate records documenting wages paid or does not allow the city reasonable access to such records, the employee’s account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise. ##.##.070 Retaliation prohibited. (a) It is unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this chapter. Rights protected under this chapter include, but are not limited to: the right to file a complaint or inform any person about any party’s alleged noncompliance with this chapter; and the right to inform any person of his or her potential rights under this chapter and to assist him or her in asserting such rights. Protections of this chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this chapter. 138 6 (b) Taking adverse action against a person within ninety days of the person’s exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. ##.##.080 Implementation. (a) Guidelines. The city shall be authorized to coordinate implementation and enforcement of this chapter and may promulgate appropriate guidelines or rules for such purposes. Any guidelines or rules promulgated by the city shall have the force and effect of law and may be relied on by employers, employees and other parties to determine their rights and responsibilities under this chapter. Any guidelines or rules may establish procedures for ensuring fair, efficient and cost effective implementation of this chapter, including supplementary procedures for helping to inform employees of their rights under this chapter, for monitoring employer compliance with this chapter, and for providing administrative hearings to determine whether an employer or other person has violated the requirements of this chapter. (b) Reporting Violations. An employee or any other person may report to the city in writing any suspected violation of this chapter. The city shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation. Provided, however, that with the authorization of such person, the city may disclose his or her name and identifying information as necessary to enforce this chapter or other employee protection laws. In order to further encourage reporting by employees, if the city notifies an employer that the city is investigating a complaint, the city shall require the employer to post or otherwise notify its employees that the city is conducting an investigation, using a form provided by the city. (c) Investigation. The city shall be responsible for investigating any possible violations of this chapter by an employer or other person. The city shall have the authority to inspect workplaces, interview persons and request the city attorney to subpoena books, papers, records, or other items relevant to the enforcement of this chapter. (d) Informal Resolution. The city shall make every effort to resolve complaints informally, in a timely manner, and shall have a policy that the city shall take no more than one year to resolve any matter, before initiating an enforcement action. The failure of the city to meet these timelines within one year shall not be grounds for closure or dismissal of the complaint. ##.##.090 Enforcement. (a) Where prompt compliance is not forthcoming, the city shall take any appropriate enforcement action to secure compliance. All remedies in the --- Municipal Code (“the code”) 139 7 are considered cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing these provisions. (1) The city may issue an administrative citation pursuant to Chapter --- of the code with a fine of not more than fifty dollars ($50.00) for each day or portion thereof and for each employee or person as to whom the violation occurred or continued. The council may modify the fine amount by resolution. (2) Alternatively, the city may initiate a proceeding under Chapter --- of the code by issuing a compliance order. (3) The City may initiate a civil action for injunctive relief and damages and civil penalties in a court of competent jurisdiction. (b) Any person aggrieved by a violation of this chapter, any entity a member of which is aggrieved by a violation of this chapter, or any other person or entity acting on behalf of the public as provided for under applicable state law, may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation, including, without limitation, the payment of any back wages unlawfully withheld, the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50.00) to each employee or person whose rights under this chapter were violated for each day that the violation occurred or continued, reinstatement in employment and/or injunctive relief. Provided, however, that any person or entity enforcing this chapter on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive or restitutionary relief to employees, and reasonable attorneys’ fees and costs. (c) This section shall not be construed to limit an employee’s right to bring legal action for a violation of any other laws concerning wages, hours, or other standards or rights nor shall exhaustion of remedies under this chapter be a prerequisite to the assertion of any right. (d) Except where prohibited by state or federal law, city agencies or departments may revoke or suspend any registration certificates, permits or licenses held or requested by the employer until such time as the violation is remedied. (e) Relief. The remedies for a violation of this chapter include, but are not limited to: (1) Reinstatement, the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50.00) to each employee or person whose rights under this chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this code or state law. (2) Interest on all due and unpaid wages at the rate of interest specified in subsection (b) of Section 3289 of the California Civil Code, which shall accrue from the date that the wages were 140 8 due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date the wages are paid in full. (3) Reimbursement of the city’s administrative costs of enforcement and reasonable attorney’s fees. ##.##.100 Relationship to other requirements. This chapter provides for payment of a local minimum wage and shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections. ##.##.110 Application of minimum wage to welfare-to-work programs. The minimum wage established pursuant to Section 3.80.040(b) of this chapter shall apply to the Welfare-to-Work Programs under which persons must perform work in exchange for receipt of benefits. Participants in Welfare-to-Work Programs shall not, during a given benefits period, be required to work more than a number of hours equal to the value of all cash benefits received during that period, divided by the minimum wage. ##.##.120 Fees. Nothing herein shall preclude the city council from imposing a cost recovery fee on all employers to pay the cost of administering this chapter. ##.##.130 CEQA Exemption. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(2), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that the adoption of an ordinance of general policy and procedure does not constitute a project within the meaning of CEQA. ##.##.140 Constitutionality; Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and 141 9 each section, subsection, sentence, clause -and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 142 The Effects of a $15 Minimum Wage by 2019 in Santa Clara County and the City of San Jose by Michael Reich, Claire Montialoux, Annette Bernhardt, Sylvia Allegretto, Sarah Thomason, and Ken Jacobs With the assistance of Saika Belal and Ian Perry Summary of Key Findings April 2016 1 Attachment B 143 This report •Provides an economic analysis of the effects of increasing minimum wages to $15 by 2019 in San Jose only and in all of Santa Clara County. •Examines first the current economic context and then the effects of a $15 minimum wage on workers, businesses, and the economy. •Assesses associated policy issues. •The analysis in this report was completed before recent legislation raising the state minimum wage to $15 by 2023. 2 Attachment B 144 Key findings: San Jose Increasing the minimum wage to $15 an hour by 2019 in San Jose would do the following: •Increase earnings for 115,000 workers •Raise average annual earnings of affected workers by 17.8 percent, or $3,000 (in 2014 dollars) •Increase average prices in San Jose by 0.3 percent over three years •Have a net effect on employment that is slightly negative at the city level (1,020 jobs) and close to zero at a ten county regional level 3 Attachment B 145 Key findings: Santa Clara County Increasing the minimum wage to $15 an hour by 2019 in Santa Clara County would do the following: •Increase earnings for 250,000 workers •Raise average annual earnings of affected workers by 19.4 percent, or $3,200 (in 2014 dollars) •Increase average prices in Santa Clara County by 0.2 percent over three years •Have a net effect on employment that is slightly negative at the county level (1,450 jobs) and close to zero at a 10 county regional level 4 Attachment B 146 Economic context Attachment B 147 The current economic situation in San Jose and Santa Clara County •Since 2009, unemployment, job growth and employment rates have continued to recover. •Despite the economic recovery, median pay levels have continued to fall. 6 Attachment B 148 Annual unemployment rates, 2007-2015 7 0% 2% 4% 6% 8% 10% 12% 14% 2007 2008 2009 2010 2011 2012 2013 2014 2015Unemployment rateRecession California Santa Clara County San Jose Unemployment rates for San Jose and Santa Clara County have been falling since 2009 and are now below their pre-recession levels. Unemployment rates are falling Sources: Annual unemployment rates are from the California Employment Development Department. Attachment B 149 Job growth, California and Santa Clara County, 2007-2015 8 0.60 0.70 0.80 0.90 1.00 1.10 1.20 2007 2008 2009 2010 2011 2012 2013 2014 2015Job growth since 2007Recession California Santa Clara County* Santa Clara County has outpaced California in job creation.Job creation Source:Authors’ calculation of growth in total nonfarm payrolls (annual averages) since 2007 are from Current Employment Statistics. Note: *Data for Santa Clara County refers to the San Jose–Sunnyvale–Santa Clara MSA. Attachment B 150 The employment rate (EPOPS), 2007-2014 9 0.52 0.54 0.56 0.58 0.60 0.62 0.64 2007 2008 2009 2010 2011 2012 2013 2014Employment –to-population ratioRecession Santa Clara County California Over 62 percent of Santa Clara County residents are employed, compared to 57 percent for the state as a whole. Higher employment rates Sources: California state employment-to-population ratios are calculated using annual employment data from the CPS and annual population data from the U.S. Census. Santa Clara County ratios are calculated using annual employment data from EDD and annual population data from the U.S. Census. Attachment B 151 10 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 $55,000 $60,000 2007 2008 2009 2010 2011 2012 2013 2014 Recession California Santa Clara County San Jose Real median earnings, 2007-2014 Real median pay levels have continued to fall since 2007. However, median pay for people who work in Santa Clara County is 50 percent higher than in the state as a whole; median pay in San Jose is 21 percent higher than in the state. Falling pay Source: American Community Surveys 2007-2014. Note: Median annual earnings for workplace geography are in real 2014 inflation-adjusted dollars for workers 16 years and over with earnings. Attachment B 152 Two minimum wage scenarios A. City of San Jose B. Santa Clara County Attachment B 153 Scenario A: City of San Jose $15 by 2019 2017 2018 2019 Baseline schedule*$10.53 $10.76 $11.00 Scenario schedule $12.00 $13.50 $15.00 * San Jose’s minimum wage schedule as of March 1, 2016. It does not take into account the state minimum wage increase enacted on April 4, 2016. San Jose’s minimum wage was indexed to the U.S. All Cities CPI-W. We estimate each year’s minimum wage using the average annual increase in the CPI-W over the past 10 years. 12 Attachment B 154 2015 workforce 2017 2018 2019 Baseline schedules* San Jose & Sunnyvale 431,000 $10.53**$10.76**$11.00** Palo Alto & Santa Clara City 211,000 $11.25**$11.50**$11.75** Mountain View 84,000 $13.00 $15.00 $15.37** Rest of Santa Clara County (state schedule)180,000 $10.00 $10.00 $10.00 Scenario schedule Santa Clara County (except Mountain View)906,000 $12.00 $13.50 $15.00 Scenario B: Santa Clara County $15 by 2019 * The schedules used for this analysis were those that were in effect as of March 1, 2016. Proposals being considered by indi vidual cities were not used. We do not take into account the state minimum wage increase enacted on April 4, 2016. ** Where minimum wages are scheduled to increase according to CPI, we estimate the increase using the average annual CPI incr ease over the past 10 years. Mountain View’s minimum wage is indexed to the San Francisco CMSA CPI-W . All other cities are indexed to the U.S. All Cities CPI-W .13 Attachment B 155 Schedule of California minimum wage increases State schedule Business with more than 25 employees Businesses with 25 or fewer employees 2017 $10.50 $10.00 2018 $11.00 $10.50 2019 $12.00 $11.00 2020 $13.00 $12.00 2021 $14.00 $13.00 2022 $15.00 $14.00 2023 $15.00 $15.00 14 The new statewide law increases minimum wages to $15 an hour by 2022 for large businesses and 2023 for small businesses. Starting in 2024, the minimum wage will be indexed to the cost of living. New California minimum wage Scenario schedule $12.00 $13.50 $15.00 $15.33* $15.68* $16.03* $16.38* * The scenario schedule after 2019 is indexed using the average annual increase in the U.S. All Cities CPI-W over the past 10 years, which is 2.2%. Attachment B 156 Impacts on workers Attachment B 157 Estimating effects on workers •We estimate baseline wages for each year taking into account existing local minimum wage laws in Santa Clara County and projected wage growth without the policy. •Estimates include: –Directly affected workers Workers who earn less than the new minimum wage. –Indirectly affected workers Workers who earn between $15 and $17.50; these workers are predicted to receive wage increases as a result of a ripple effect. 16 Attachment B 158 Workforce impacts San Jose Santa Clara County1 Percent of eligible workforce receiving pay increases2 31.1%25.3% Total number of workers receiving increases 115,000 250,000 Number of workers affected directly3 92,000 198,000 Number of workers affected indirectly4 23,000 52,000 Average annual earnings increase for workers receiving increases (2014 dollars)5 $3,000 $3,200 Average percent annual earnings increase for workers receiving increases 17.8%19.4% Total aggregate increase in wages (2014 dollars)$345 million $800 million In Scenario B, about 250,00 workers in Santa Clara County would receive wage increases—25 percent of the workforce. By 2019, these workers would receive an average wage increase of $3,200, a 19.4 percent increase in earnings. Estimated impacts Source: Authors’ analysis of ACS, OES, and QCEW data. 1 Santa Clara County impacts include those for the entire county, including San Jose. 2 Eligible workers are those that work in the city/county where the new minimum wage policy is implemented. 3 Directly affected workers earned between 50% of the old minimum wage and 100% of the new minimum wage. 4 Indirectly affected workers earned between 100% and 115% of the new minimum wage. 5 Average annual earnings is per worker, not per job.17 Attachment B 159 Santa Clara County workers by age group 22% 39% 28% 23% 36% 24% 13%10% All Eligible Workers* All Workers Getting Raises 55-64 40-54 30-39 20-29 16-19 1%4% 96 percent of Santa Clara County workers receiving increases are over the age of 20, and 57 percent are over 30. Age Source: Authors’ analysis of ACS, OES, and QCEW data. * Excludes federal and state employees, public education employees, and IHSS workers. 18 Attachment B 160 Santa Clara County workers by race and ethnicity Latino workers are more likely to benefit from a minimum wage increase. About 49 percent of the workers who would receive pay increases are Latino, compared with 26 percent for all workers. Race and ethnicity Source: Authors’ analysis of ACS, OES, and QCEW data. 26% 49% 34% 24% 35% 21% All Eligible Workers All Workers Getting Raises Latino Black (Non-Latino)Asian (Non-Latino)White (Non-Latino)Other– 3% 3% 19 Attachment B 161 Santa Clara County workers by education level 9% 23% 14% 26% 26% 35% 51% 16% All Eligible Workers All Workers Getting Raises Less than High School High School Some College or Associate's Degree Bachelor's Degree Workers receiving pay increases have less schooling than the overall workforce. However, 51 percent have some college experience or higher. Education Source: Authors’ analysis of ACS, OES, and QCEW data.20 Attachment B 162 Workers by family poverty level* –Santa Clara County Workers receiving pay increases are much more likely to live in families with incomes below the Federal Poverty Level (FPL). Forty percent of workers receiving increases live in families under 200 percent of the FPL. Family poverty level Source: Authors’ analysis of ACS, OES, and QCEW data. * The federal poverty threshold is based on family size, the number of children, and whether the head of household is under o r over 65. In 2014, the threshold for a family of four with two children was $24,008.21 4%11%5% 14% 6% 15% 13% 24% 72% 36% All Eligible Workers All Workers Getting Raises > 300% 200% - 300% 150% - 200% 100% - 150% < 100% Attachment B 163 Santa Clara County All eligible workers Workers getting raises Median annual earnings (2014 dollars)$59,500 $20,800 Average worker share of family income 60%50% Percent that work full-time 84%65% Percent with health insurance provided by employer 80%53% Percent that have children 45%34% Percent that are female 42%49% 22 On average, affected workers contribute half of their family incomes; 34 percent have children. Other characteristics Attachment B 164 Impacts on businesses Attachment B 165 Scenario A: San Jose Scenario B: Santa Clara County Industry Percent of affected workforce Percent of workers in the industry receiving an increase Percent of affected workforce Percent of workers in the industry receiving an increase Restaurants 21.0%77.8%20.2%71.0% Retail 19.1%46.8%16.1%44.4% Administrative & waste management* 14.7%50.7%11.9%47.6% The three industries shown below account for over half of workers receiving increases in Scenario A and nearly half of all such workers in Scenario B. Industry impacts * Includes office administrative services, facilities support services, employment services, business support services, and w aste management.24 Attachment B 166 Total percent increase in affected workers’ wages is 16.4%* 25 *Differs from average individual percent increase in wages reported on slide 17. Increase in wages reported on slide 17 is th e average change per worker, not the average change in total wage bill. All results shown for Santa Clara County. Total increase in wages A: San Jose Affected workers’ share of total wages is 7.4% Increase in wages after accounting for turnover reduction savings is 1.0% Increase in total wages is 1.2% While wages rise by 16.4 percent for workers getting increases, those workers account for only 7.4 percent of total wages paid to workers in Santa Clara County. As a result, the increase in total wages for Santa Clara County workers is only 1.2 percent. Firms will realize savings due to reduced worker turnover, bringing the total increase in wages paid to 1.0 percent. Increase in payroll costs Attachment B 167 A: San Jose B: Santa Clara County All Percent change in payroll costs 1.2%1.0% Labor costs as percent of operating costs*22.1%22.1% Percent change in operating costs and prices**0.3%0.2% Restaurants Percent change in payroll costs 10.2%9.6% Labor costs as percent of operating costs*30.7%30.7% Percent change in operating costs and prices**3.1%2.9% Retail Percent change in payroll costs 2.2%2.1% Labor costs as percent of operating costs*10.8%10.8% Percent change in operating costs and prices**0.2%0.2% Payroll costs will increase by 1 percent across the entire economy, increasing operating costs and prices in Santa Clara County by 0.2 percent in 2019. Restaurant prices will increase by 2.9 percent and retail prices will increase by 0.2 percent, each by 2019. Cost impacts 26 * US Census Annual Wholesale Trade Report ** Numerous studies find that operating cost increases are passed through fully to prices. See: Ariel Pakes. 2016. “Empirical Tools and Competition Analysis: Past Progress and Current Problems.” NBER Working Paper No. 22086. Attachment B 168 Impacts on the economy Attachment B 169 Higher wage costs are absorbed by employers through higher productivity, reduced worker turnover costs, and price increases. Higher wages increase consumer demand. The net effect on jobs reflects the balance among these different factors. IRLE Minimum Wage Model Source: UC Berkeley IRLE Minimum W age Research Group.28 Attachment B 170 29 •35 percent of affected workers in San Jose live outside of the city. •16 percent of affected workers in Santa Clara County live outside of the county. •The next slide accounts for these spending leakages. Some of the increased worker spending will take place outside the City of San Jose or Santa Clara County--since some workers commute in from other places. As a result, the economic benefits of the wage increase will be spread across the broader region from which workers commute. Spending leakages Attachment B 171 Impact of Scenario A in San Jose City only Additional impact in the rest of Santa Clara County & nine nearby counties Total impact of Scenario A in SJ City, the rest of Santa Clara County and nine nearby counties A. Cumulative reduction in wage bill due to automation and productivity gains Reduction in jobs from substitution effects and productivity gains -1,190 n.a -1,190 B. Scale effect: Cumulative reduction in consumer spending Reduction in consumer spending from price increase (millions)-$107 n.a -$107 Reduction in number of jobs due to the scale effect -630 n.a -630 Reduction in GDP due to the scale effect (millions)-$71 n.a -$71 C. Income effect: Cumulative increase in consumer demand Aggregate increase in consumer spending (millions)$203 +$101 $304 Increase in number of jobs due to income effect 800 +880 1,680 Increase in GDP due to income effect (millions)$91 +$106 $197 D. Cumulative net change in employment Net change in employment -1,020 +980 -140 Net change in employment, as a percent of total employment -0.3%+0.3%0.0% Net change in GDP (millions)$20 +$105 $125 Net change in GDP, as a percent of total GDP 0.0%+0.1%0.1% Sources: Authors’ calculations using the regional economic impact model IMPLAN. Note: The nine nearby counties taken into account are: Alameda, San Mateo, San Francisco, Santa Cruz, Monterey, San Benito, Contra Costa, San Joaquin, and Merced. All estimates are in 2019 dollars.30 An increase to $15 by 2019 will reduce employment by 1,020 in San Jose but increase employment in the surrounding region by 980, resulting in a net loss of 140 jobs. Scenario A: San Jose Attachment B 172 Impact of Scenario B in Santa Clara County only Additional impact in nine nearby counties Total impact of Scenario B in Santa Clara County, and nine nearby counties A. Cumulative reduction in wage bill due to automation and productivity gains Reduction in jobs from substitution effects and productivity gains -2,700 n.a -2,700 B. Scale effect: Cumulative reduction in consumer spending Reduction in consumer spending from price increase (millions)-$214 n.a -$214 Reduction in number of jobs due to the scale effect -1,240 n.a -1,240 Reduction in GDP due to the scale effect (millions)-$140 n.a -$140 C. Income effect: Cumulative increase in consumer demand Aggregate increase in consumer spending (millions)$601 +$103 $704 Increase in number of jobs due to the income effect 2,470 +1,410 3,880 Increase in GDP due to the income effect (millions)$285 +$169 $454 D. Cumulative net change in employment Net change in employment -1,470 +1,410 -60 Net change in employment, as a percent of total employment -0.1%+0.1%0.0% Net change in GDP (millions)$144 +$170 $314 Net change in GDP, as a percent of total GDP 0.1%+0.0%0.1% 31 An increase to $15 by 2019 will reduce employment by 1,470 in Santa Clara County but increase employment in the surrounding region by 1,410, resulting in a net loss of 60 jobs. Scenario B: Santa Clara County Sources: Authors’ calculations using the regional economic impact model IMPLAN. Note: The nine nearby counties taken into account are: Alameda, San Mateo, San Francisco, Santa Cruz, Monterey, San Benito, Contra Costa, San Joaquin, and Merced. All estimates are in 2019 dollars. Attachment B 173 Policy issues Attachment B 174 Minimum wage and teens •California regulations allow for youth “learner” employees to be paid 85 percent of the minimum wage during their first 160 hours of employment, in occupations in which the employee has no previous similar or related experience. •Of the 18 local minimum wage laws in California: –Most incorporate the above state regulation –11 have no other special provisions for teens or learners –4 exempt youth training programs operated by a non-profit corporation or government agency (Sacramento, Richmond, Berkeley, San Diego). –1 exempts publicly subsidized job-training and apprenticeship programs for teens (San Francisco) –2 extend the state learner provision to 480 hours or 6 months (Santa Monica, Long Beach) Attachment B 175 Minimum wage and teens (continued) •Teens make up 4 percent of workers affected by the increase. •Teen unemployment is persistently higher than adult unemployment. •In theory, a higher minimum wage could reduce the incentive for employers to hire less skilled workers, thus disadvantaging teens. Higher minimum wages might also draw more teen workers into the labor market, leading to an increase in teen employment. •A large body of research suggests that the effect of minimum wage laws on teen employment is small, and may run in either direction.1 •Subminimum or training wages for teens may create an incentive to hire middle-class teens over low-wage adult workers from more disadvantaged backgrounds. 1 See, for example, John Schmitt. 2013. “Why Does the Minimum Wage Have No Discernible Effect on Employment?” Washington, DC: Center for Economic and Policy Research. http://cepr.net/documents/publications/min-wage-2013-02.pdf Attachment B 176 Transitional jobs programs •Transitional jobs programs provide short-term, subsidized employment and supportive services through a non-profit organization to help participants overcome barriers to employment. •Most minimum wage laws treat transitional jobs programs the same as other non-profit organizations. •In Los Angeles and Santa Monica, participants in transitional jobs programs that meet specified criteria are exempted from the higher minimum wage for a maximum of 18 months. Attachment B 177 Small business •The new California minimum wage law (SB 3) and a number of the local laws provide an additional phase-in year for small businesses. •“Small business” is commonly defined in these laws as 25 employees or fewer. 36 Attachment B 178 Higher wage level •Setting a higher minimum wage (such as $20) is likely to: a)Increase the negative consumption effects caused by higher prices; b)Reduce the positive consumption effects caused by higher incomes (a greater portion of the higher incomes would leak into savings); and therefore c)Generate larger negative net employment effects. •Outcomes at higher wage levels than previously studied are more uncertain 37 Attachment B 179 Impacts of a higher state minimum wage •The higher state minimum wage will change the baseline for any local policy. •This will reduce the impacts of the policy on each of the effects discussed in this report: –The policy will have a smaller effect on wages and prices; –As a result, the employment effects will be smaller. 38 Attachment B 180 Pay by occupation 2005-2015 2005 2012 %change 2015 % change 12-15 All occs $21.76 $25.71 18.2 $28.32 10.2 Managers 57.93 68.66 18.5 74.98 9.2 Software developers 46.73 55.80 19.4 67.90 21.7 Restaurant servers 7.90 9.15 15.8 11.50 25.7 Source: OES data, San Jose-Sunnyvale-Santa Clara metro area, May of each year. Attachment B 181 San Jose metro area relative to CA San Jose metro California Cost of living, 2013 121.3 112.3 (U.S. = 100.0) Median full-time wage $32.06 $21.46 (2016) Ratio of $15 (in $2022) to median f-t wage 40.9% 61.9% Sources: BEA, CPS and OES. Wage projections to 2022 based on 2.4 percent annual nominal wage growth. Attachment B 182 41 Long-term effects The research literature suggests that there may be downstream benefits from the proposed wage increase such as: •Improved health outcomes for both workers and their children1 •Improved mental health2 •Increases in children’s school achievement and cognitive and behavioral outcomes3 •Reduced public assistance expenditures4 1Paul J. Leigh and Juan Du. 2012. “Are Low Wages Risk Factors for Hypertension?” European Journal of Public Health, 22(6): 854-859. Kerris Cooper and Kitty Stewart. 2013. “Does Money Affect Children’s Outcomes? A Systematic Review.” Joseph Rowntree Foundation. http://www.jrf.org.uk/sites/files/jrf/money-children-outcomes-full.pdf 2Kerris and Cooper, Ibid. 3Aaron Reeves, Martin Mckee, Johan Mackenbach, Margaret Whitehead and David Stuckler. 2016. “Introduction of a National Minimum Wage Reduced Depressive Symptoms in Low-wage Workers: A Quasi-natural Experiment in the UK.” Health Economics 1–17. DOI: 10.1002/hec.3336. 4 See for example: Rachel West and Michael Reich. 2014. “The Effects of Minimum Wages on SNAP Enrollments and Expenditures.” Center for American Progress. https://www.americanprogress.org/issues/economy/report/2014/03/05/85158/the-effects-of-minimum-wages-on-snap-enrollments-and-expenditures/ Attachment B 183 Conclusions and next steps Interpretation of these results •Higher wage costs would be absorbed through improved productivity, reduced worker turnover, and modest price increases. •Net effects on employment would be very slightly negative at the city and county levels and close to zero at the regional level. •The resulting improvement in living standards would outweigh the small effects on employment. Upcoming detailed report, June 2016 •More detailed account of how San Jose and Santa Clara County would absorb an increase in the minimum wage to $15 over three years. •Analysis of policy considerations. •Qualitative discussion of the impact of an increase to $20 an hour. •Full description of the underlying economic model. 42 Attachment B 184 Data sources •American Community Survey (ACS) 2013 & 2014 One Year •Quarterly Census of Employment and Wages (QCEW) Employment and Payroll Data 2015 Quarter 1 •LEHD Origin-Destination Employment Statistics 43 Attachment B 185 The Institute for Research on Labor and Employment (IRLE)is a research organization at UC Berkeley.Created in 1945,IRLE brings together faculty from multiple academic departments and supports interdisciplinary research about labor and employment relations.IRLE sponsors several community service programs and research centers. This is a presentation from the Center on Wage and Employment Dynamics at IRLE.The Center on Wage and Employment Dynamics was established in June 2007 to provide a focus for academic and policy research on wage and employment dynamics in contemporary labor markets. 44 Attachment B 186 2725 JEFFERSON STREET, SUITE 13, CARLSBAD CA 92008 50 MILL POND DRIVE, WRENTHAM, MA 02093 T (760) 730-9325 F (888) 457-9598 bwresearch.com twitter.com/BW-Research facebook.com/bwresearch Santa Clara County Minimum Wage Employer Survey April 2016 Attachment B 187 TABLE OF CONTENTS Table of Contents .............................................................................................................................. i List of Figures .................................................................................................................................... ii List of Tables ..................................................................................................................................... ii Executive Summary ......................................................................................................................... 1 Minimum Wage – Impacted Employers and Industries .................................................................. 2 Profile of Survey Participants ...................................................................................................... 2 Current Minimum Wage Employment ........................................................................................ 4 Minimum Wage – Stated Impacts and Attitudes ............................................................................ 7 Appendix A: Survey Methodology ................................................................................................. 12 Appendix B: Survey Toplines ......................................................................................................... 14 Attachment B 188 LIST OF FIGURES Figure 1. Participating Business Industries ...................................................................................... 2 Figure 3. Firm Size ........................................................................................................................... 3 Figure 6. Employees that Earn $10 to $11 per Hour ....................................................................... 4 Figure 7. Employees that Earn $10 to $11 per Hour, by Employment Status and Age ................... 5 Figure 8. Employees that Earn between $11.01 and $15 per Hour ................................................ 6 Figure 9. Minimum Wage Increase – Anticipated Impacts ............................................................. 7 Figure 10. Minimum Wage Increase – Employer Attitudes ............................................................ 9 LIST OF TABLES Table 1. Anticipated Impacts by Impacted and Non-Impacted Businesses .................................... 8 Table 2. Employer Attitudes by Impacted and Non-Impacted Businesses ................................... 10 Attachment B 189 EXECUTIVE SUMMARY BW Research Partnership, Inc. (BW Research) in collaboration with the City of San Jose and the Institute for Research on Labor and Employment (IRLE) developed and implemented a survey of over 500 (n=518) businesses In Santa Clara County. The purpose of the survey was to assess the attitudes, priorities and anticipated responses of Santa Clara County and City of San Jose businesses as they relate to a potential minimum wage increase. The telephone and online survey was completed from February 17 to March 4, 2016 and the telephone survey was offered in English, Spanish and Vietnamese. The sampling plan for the survey was segmented by industry, firm size, and geography within Santa Clara County to ensure that a broad range of Santa Clara County businesses were included in the quantitative survey findings. Drawing on IRLE’s research in comparable regions, the sampling plan was designed to reflect industries that are most likely be impacted by an increase in the minimum wage, and does not necessarily reflect the industry profile of the entire business community. The majority of surveyed employers report that they will likely have to increase prices for customers, but that their employees will be more satisfied and productive under a minimum wage increase. Though the majority of surveyed employers agree that an increase in the minimum wage will positively impact the community, most also feel increasing the minimum wage will make it harder for new and emerging businesses. Impacted businesses more often selected “very likely” across all anticipated impacts compared to non-impacted industries, indicating that they agreed with both the positive and negative impacts of a minimum wage increase. Almost half of impacted businesses report that it is very likely their employees will be more satisfied and productive (46%) under a minimum wage increase, compared to 14% of non- impacted businesses. Forty-five percent of impacted businesses also report they will very likely increase prices given a minimum wage increase, compared 21% of non-impacted firms. The survey found that both retail and food service firms are more likely to staff at least half of their workforce with employees at the current minimum wage, and are therefore more likely to be impacted by a minimum wage increase. Though these firms agree that their employees will be more satisfied and productive under a minimum wage increase, they also report that this will likely result in increased consumer pricing and a shift towards automation – firms will invest in technologies that reduce the need for labor. Food service firms were also particularly more likely to agree that an increase in the minimum wage will make it more difficult for companies to locate and grow new businesses in the region. While participating Santa Clara County businesses indicated some concerns about the increased minimum wage, three out of four respondents stated they agreed (58%) or somewhat agreed (18%) with the statement “An increase in the minimum wage makes sense for our community, given our high cost of living.” Only 14 percent of respondents disagreed (9%) or somewhat disagreed (4%) with the statement. Attachment B 190 MINIMUM WAGE – IMPACTED EMPLOYERS AND INDUSTRIES PROFILE OF SURVEY PARTICIPANTS The impacted business community, those employers that are more likely to be affected by an increase in the minimum wage, is largely comprised of four sectors – retail, residential care and social assistance, administrative services and waste management, and food service.1 Together, these industries represent over half (59%) of those employers that participated in the survey. What industry or industries best describes the work that your firm is involved in and connected to? Figure 1. Participating Business Industries Businesses that participated in the survey were fairly evenly distributed in terms of how long they have had a business location in Santa Clara County. About three in ten firms (32%) have been in business in the area for under five years, another quarter report about five to ten years, 1 Includes both full-service and fast food or fast casual restaurants 2.1% 4.1% 4.1% 4.2% 4.4% 4.6% 5.4% 5.4% 6.9% 7.1% 8.9% 9.7% 10.4% 22.6% All other Education or Healthcare Repair and Maintenance or Other Services Manufacturing Lodging Accommodations or Other Food Services Non-Profit Construction Wholesale Trade and/or Transportation Information, Legal, Finance, Insurance, Real Estate, or Professional Services Limited Service Restaurant –Fast Food or Fast Casual Full Service Restaurant –Table Service Dining Administrative and/or Waste Management Services Residential Care and/or Social Assistance Retail Attachment B 191 and roughly four in ten firms (43%) have been located in the County for ten years or more. See Appendix B: Survey Toplines for a detailed breakdown of respondents by length of business tenure in Santa Clara County. By design of the sampling plan, participating businesses were evenly distributed between small, medium, and large firms. The largest chunk of firms have between 10 and 35 employees (37%), about three in ten employers also report either less than nine employees (28%) and almost two in ten reported 100 or more (18%). Including all full-time and part-time employees, how many permanent, seasonal, and temporary employees work at or from your location? Figure 2. Firm Size Just under half of surveyed businesses (46%) expect to grow total employment at their current business location, while the other half expect employment to remain the same. Only three percent of surveyed firms project a decline in employment in the next 12 months. See Appendix B: Survey Toplines for a detailed breakdown of responses regarding projected growth for the next 12 months. However, just over half of surveyed employers report that hiring had remained flat over the last 3 years, or 36 months. Fifty-three percent of firms note that employment across permanent, seasonal, and temporary workers has stayed the same in the last 3 years; three in ten firms did report employment growth during this time, with one in ten noting decline. See Appendix B: Survey Toplines for a detailed breakdown of responses regarding historical growth over the past 36 months. 17.7% 18.1% 36.5% 27.8% 100 or more Between 36 and 99 Between 10 and 35 Between 2 and 9 Attachment B 192 CURRENT MINIMUM WAGE EMPLOYMENT Participating businesses were next asked, what percentage of their current workforce makes at or within a dollar of the minimum wage. Nearly half (47%) of respondents report that about half to all of their employees are paid a wage at or around the minimum wage ($10 to $11 an hour). Surveyed firms could be split into three groups, those that do not hire anyone at the minimum wage (30%), those that hire less than half of their employees at the minimum wage (22%), and those with about half or more at minimum wage (47%). Thinking about the current employees at your location, approximately how many are paid a wage of $10 to $11 an hour? Figure 3. Employees that Earn $10 to $11 per Hour 1.7% 29.5% 6.2% 15.6% 10.2% 14.5% 22.2% Don't know/ Refused None, all of our employees make more than the minimum wage Very few, 1% to 10% Some but less than half, 11% to 40% About half, 41% to 59% Most but not all, 60% to 89% All or close to it, 90% to 100% Attachment B 193 Minimum wage employees across surveyed firms are more likely to be in permanent full- or part-time positions. Fifty-seven percent of firms report that about half to all of their permanent full-time employees are paid the minimum wage, and four in ten (37%) surveyed employers also reported that their permanent part-time employees earn the minimum wage. Very few minimum wage workers are seasonal employees or teenagers; six in ten employers (61%) report that they have no minimum wage employees that are 19 years old or younger, and just over half of surveyed firms (52%) also reported they have no minimum wage employees that are seasonal or temporary workers. How many of your current employees making between $10 and $11 an hour are permanent, full- time workers; permanent-part time workers; seasonal or temporary workers; 19 years old or younger? Figure 4. Employees that Earn $10 to $11 per Hour, by Employment Status and Age 6.6% 61.3% 6.1% 3.9% 2.8% 11.9% 7.5% 14.4% 52.2% 3.0% 3.9% 4.7% 15.7% 6.1% 21.0% 17.1% 13.5% 11.6% 11.9% 21.0% 3.9% 11.3% 16.6% 34.8% 13.0% 8.8% 12.7% 2.8% Don't know/ Refused None are making the minimum wage All or close to it, 90% to 100% Most but not all, 60% to 89% About half, 41% to 59% Some but less than half, 11% to 40% Very few, 1% to 10%Permanent full-time employees that are paid a wage of $10 to $11 an hour Permanent part-time employees that are paid a wage of $10 to $11 an hour Seasonal or temporary employees that are paid a wage of $10 to $11 an hour Current employees making between $10 and $11 an hour that are 19 years old or younger Attachment B 194 Of those firms that provided an estimate of wages for this question, just over 50 percent indicated that some to about half (11 to 59 percent) of their employees earn between $11.01 and $15 an hour2. How many of your current employees make between $11.01 and $15 an hour? Figure 5. Employees that Earn between $11.01 and $15 per Hour 2 The proportion is derived based on the 79 percent of respondents that provided an estimate of their workforce that makes between $11.01 and $15 an hour. 21.0% 13.3% 12.7% 31.1% 9.7% 7.9% 4.2% Don't know/ Refused None of our employees make more than the minimum wage Very few, 1% to 10% Some but less than half, 11% to 40% About half, 41% to 59% Most but not all, 60% to 89% All or close to it, 90% to 100% Attachment B 195 MINIMUM WAGE – STATED IMPACTS AND ATTITUDES Participating businesses were asked how they would respond if the minimum wage in Santa Clara County was gradually increased to $15 an hour by 2019. Survey respondents were given different options, and asked how likely that scenario was for their business. The majority of surveyed employers report that they will likely (very + somewhat likely) have to increase prices for customers, but that their employees will be more satisfied and productive given a minimum wage increase. Approximately two out of three firms (66%) reported that they will likely (very + somewhat) raise prices in order to pay for increased wages and just over three in five firms (63%) noted that employees will likely be more satisfied and productive with an increase in the minimum wage. About four in ten surveyed employers also believe a minimum wage increase will likely reduce employee turnover (45%), but increase likelihood of automation (42%) and generally reduce the number of employed workers (40%). The majority of survey participants indicated that it was not at all likely that they would move or close their business because of a minimum wage increase. How likely are the following statements to occur at your business location, if the minimum wage in Santa Clara County is gradually increased to $15 an hour by 2019: very likely, somewhat likely, not at all likely, or not sure? Figure 6. Minimum Wage Increase – Anticipated Impacts 8.3% 12.5% 18.0% 17.8% 21.2% 22.0% 42.1% 40.9% 12.7% 14.1% 21.2% 22.2% 20.7% 23.2% 20.7% 24.7% 58.5% 57.5% 45.0% 46.7% 43.4% 34.9% 20.7% 22.0% 10.4% 8.5% 9.5% 7.9% 7.9% 11.4% 9.7% 6.8% You will have to close the business You will move the business to a community that has a lower minimum wage You will reduce the hours for your minimum wage employees You will reduce the total number of workers that you employ You will invest in technologies that reduces the need for workers and lowers labor costs Your costs of employee turnover will decrease because employees will be less likely to quit Your employees at the minimum wage will be more satisfied and more productive You will need to increase prices to your customers to pay for the increased wages Very likely Somewhat likely Not at all likely It depends/Don't know or Refused (Not read)Not sure Attachment B 196 The questions for anticipated impacts and employer attitudes were further analyzed by key segments within the surveyed business community. Of particular interest was the difference in opinion among “impacted and “non-impacted” business communities. Survey respondents were delineated by the degree of impact given a minimum wage increase based on their current minimum wage staffing. Impacted businesses are defined as those that support any portion of their workforce at the current minimum wage or up to $15 an hour and they represent 84 percent of the survey respondents. Non-impacted businesses are those that currently employ all of their workers above $15 an hour, and they represent eight percent of the survey respondents. The remaining eight percent of survey respondents did not respond to the inquiry regarding the portion of their workforce that makes between $11.01 and $15 an hour. Impacted businesses more often selected “very likely” across all anticipated impacts compared to non-impacted industries. Almost half of impacted businesses report that it is very likely their employees will be more satisfied and productive (46%) under a minimum wage increase, compared to 14% of non-impacted businesses. Forty-five percent of impacted businesses also report they will very likely increase prices given a minimum wage increase, compared 21% of non-impacted firms. Table 1. Anticipated Impacts by Impacted and Non-Impacted Businesses Very likely Somewhat likely Not at all likely It depends/Don't know or Refused (DON'T READ) Not sure Your employees at the minimum wage will be more satisfied and more productive Impacted 46.0% 21.6% 19.8% 7.4% 5.3% Not impacted 14.0% 7.0% 34.9% 34.9% 9.3% You will reduce the total number of workers that you employ Impacted 19.3% 25.3% 42.8% 7.6% 5.1% Not impacted 4.7% 4.7% 79.1% 9.3% 2.3% You will reduce the hours for your minimum wage employees Impacted 20.2% 23.7% 42.3% 8.0% 5.7% Not impacted 7.0% 7.0% 69.8% 14.0% 2.3% Your costs of employee turnover will decrease because employees will be less likely to quit Impacted 24.4% 24.6% 32.9% 10.1% 8.0% Not impacted 4.7% 11.6% 58.1% 20.9% 4.7% You will have to close the business Impacted 9.4% 14.0% 55.6% 10.8% 10.1% Not impacted 0.0% 4.7% 81.4% 11.6% 2.3% You will need to increase prices to your customers to pay for the increased wages Impacted 45.1% 26.2% 18.2% 5.7% 4.8% Not impacted 20.9% 9.3% 58.1% 9.3% 2.3% Attachment B 197 You will move the business to a community that has a lower minimum wage Impacted 14.0% 15.2% 55.2% 9.2% 6.4% Not impacted 7.0% 2.3% 81.4% 7.0% 2.3% You will invest in technologies that reduces the need for workers and lowers labor costs Impacted 23.7% 21.1% 42.3% 6.2% 6.7% Not impacted 4.7% 11.6% 62.8% 18.6% 2.3% Participating businesses were next asked their level of agreement with different statements regarding a minimum wage increase. Though the majority of surveyed employers agree that an increase in the minimum wage will positively impact the community, most also feel increasing the minimum wage will make it harder for new and emerging businesses. Three-quarters of surveyed firms (76%) agree that a minimum wage increase makes sense for the community, especially given the region’s high cost- of-living; in fact, 65% of employers also agree that increasing the minimum wage will alleviate income inequality. Despite this, six in ten firms (61%) also agree that if the minimum wage is increased, new businesses located in Santa Clara County will face more barriers to growth. Please tell me whether you agree or disagree with each of the following statements. Here’s the (first/next) one: ____________. (READ ITEM AND ASK:) Do you agree, somewhat agree, neither agree nor disagree, somewhat disagree, or disagree with the statement? Figure 7. Minimum Wage Increase – Employer Attitudes 37.8% 41.9% 55.2% 58.3% 22.8% 23.4% 19.5% 17.8% 11.2% 10.0% 11.0% 9.5% 7.3% 5.4% 4.4% 3.5% 18.1% 15.8% 7.3% 9.1% If the minimum wage increases, it will make it harder to start and grow businesses in our community An increase in the minimum wage will help reduce income inequality in our community It would be better to increase the minimum wage the same for all cities in the County, rather than having different rates for different cities An increase in the minimum wage makes sense for our community, given our high cost of living Agree Somewhat agree Neither agree nor disagree Somewhat disagree Disagree Don't know/ Refused Attachment B 198 The majority of firms across both impacted and non-impacted business communities agree that an increase in the minimum wage makes sense given the cost of living and that a minimum wage increase would be best implemented at the county-level. Table 2. Employer Attitudes by Impacted and Non-Impacted Businesses Agree Somewhat agree Neither agree nor disagree Somewhat disagree Disagree Don't know/ Refused (DON'T READ) An increase in the minimum wage will help reduce income inequality in our community Impacted 41.1% 25.1% 10.3% 6.0% 15.2% 2.3% Not impacted 46.5% 14.0% 7.0% 2.3% 23.3% 7.0% If the minimum wage increases, it will make it harder to start and grow businesses in our community Impacted 39.8% 24.1% 11.5% 6.9% 15.9% 1.8% Not impacted 34.9% 14.0% 7.0% 7.0% 34.9% 2.3% An increase in the minimum wage makes sense for our community, given our high cost of living Impacted 57.7% 17.9% 10.3% 3.9% 9.0% 1.1% Not impacted 62.8% 14.0% 4.7% 0.0% 16.3% 2.3% It would be better to have the same increase in the minimum wage throughout the County than to have different rates in different cities Impacted 55.9% 20.2% 10.1% 5.1% 7.4% 1.4% Not impacted 58.1% 11.6% 14.0% 0.0% 11.6% 4.7% Attachment B 199 How Manufacturing and Logistics Firms Responded Though the sample size for Manufacturing and Logistics is relatively small (n=50), the following key findings illustrate relevant cross-tabulation data for these firms: Manufacturing and Logistics have fewer current workers at the minimum wage. Just over a third (36%) of surveyed firms in these industries employ at least four in ten workers at $10 to $11 an hour, compared to 51% of all respondents. These firms are less likely to agree with the benefits of increasing the minimum wage. Twenty-eight percent are very likely to agree that increasing the minimum wage would result in worker satisfaction and productivity, compared to 42% of all respondents. Manufacturing and Logistics firms are also less likely to agree with the negative impacts of an increased minimum wage. Two in ten surveyed firms (20%) report that it is very likely a minimum wage increase would cause an increase in prices, compared to 41% of all respondents. How Small Businesses Responded (35 employees or less at a location) Small businesses account for 64% or 331 out of 515 survey participants. The following cross- tabs illustrate key findings from small businesses with 35 or less employees at their establishment location: Small businesses have slightly fewer employees at the current minimum wage. Less than half (48%) of respondent small business firms employ 40% or more of their employees at $10 to $11 an hour, compared to 57% of firms with 36 or more employees. Small businesses are less likely to agree with benefits resulting from an increased minimum wage. Thirty-eight percent report that it is very likely that a minimum wage increase would result in greater worker productivity and satisfaction, compared to 50% of surveyed firms with 36 or more employees. Small businesses are also less likely to agree with the negative impacts of an increased minimum wage. One in ten note that it is very likely an increased minimum wage would result in them moving their business to a community with a lower minimum wage, compared to 18% of firms who have 36 or more employees. Attachment B 200 APPENDIX A: SURVEY METHODOLOGY A telephone and web survey of 518 Santa Clara County businesses was conducted for this study. The sampling plan was designed to represent those employers that were more likely to be impacted by an increase in the minimum wage. Survey Design Through an iterative process, BW Research worked closely with City of San Jose staff, IRLE (Institute for Research on Labor and Employment) staff and an advisory committee to develop a survey instrument that met the research objectives of the study. In developing the survey instrument, BW Research utilized techniques to overcome known biases in survey research and minimize potential sources of measurement error within the survey. After the survey was finalized it was translated into Spanish and Vietnamese and offered in those languages, for the phone portion of the survey, for those business respondents that were not comfortable speaking English. Sampling Method BW Research developed a sampling plan by industry, employer size, and geography within Santa Clara County to reflect those businesses that were more likely to currently hire at a minimum wage and be impacted by a raise to the minimum wage. The sampling plan was based upon previous analyses3 done by IRLE of industries that were more likely to currently hire or be impacted by an increase in the minimum wage. To implement the sampling plan, a database of 8,604 Santa Clara County firms was acquired from InfoUSA for interviews over the phone and additional online web panels were secured for web completes. The sampling followed a detailed plan targeting industries at the two and three digit NAICS level and with developed quotas for firm size: 2 to 9 employees at a location, 10 to 35 employees at a location, 36 to 99 employees at a location, 100 or more employees at a location, and geography within Santa Clara County (within the City of San Jose and outside the City, but within Santa Clara County). Quotas were closed as they were filled by industry, size and geography within Santa Clara County. Data Collection Prior to beginning data collection, BW Research conducted interviewer training and also pre- tested the survey instrument to ensure that all words and questions were easily understood by the respondents. Telephone interviews were generally conducted from 9:00am to 4:30pm Monday through Friday. The data collection period was February 17, 2016 – March 4, 2016. 3 Based upon previous research completed by IRLE on Contra Costa County, Oakland, Sacramento and San Francisco. Attachment B 201 A web version of the survey was also developed and businesses in Santa Clara County were contacted through web panels. A Note about Margin of Error and Analysis of Sub-Groups The overall maximum margin of error for the survey, at the 95 percent level of confidence, is +/- 4.29 percent for questions answered by all 518 respondents, for the approximately 72,0004 business locations with 2 or more employees in Santa Clara County. It is important to note that questions asked of smaller groups of respondents (such as questions that were only asked to firms based off their previous responses) as well as results presented separately for industry clusters will have a margin of error greater than +/- 4.29 percent, with the exact margin of error dependent on the number of respondents in each sub-group and the distribution of responses to a given question. 4 Source: InfoUSA, March 2016 Attachment B 202 APPENDIX B: SURVEY TOPLINES Screener Questions A. Do you have a business location with at least one employee other than yourself in Santa Clara County, California? 56.6% Yes, we have a location in San Jose 43.4% Yes, we have a location in Santa Clara County, but not San Jose SECTION 1 - Organization-Related Questions – Business PROFILE For this survey, we will just be asking about the employees that work from or directly report to your current location. 1. How many years have you had at least one business location in Santa Clara County? 11.4% 0 to 2 years 20.5% more than 2 up to 5 years 24.3% more than 5 up to 10 years 18.3% more than 10 years up to 20 years 25.1% more than 20 years 0.4% (DON’T READ) Don't know/ Refused Next I would like to ask about the industry that is most important to your firm. 2. What industry or industries best describes the work that your firm is involved in and connected to? 22.6% Retail 10.4% Residential Care and/or Social Assistance 9.7% Administrative and/or Waste Management Services 8.9% Full Service Restaurant – Table Service Dining 7.1% Limited Service Restaurant – Fast Food or Fast Casual Dining 6.9% Information, Legal, Finance, Insurance, Real Estate, or Professional Services 5.4% Construction 5.4% Wholesale Trade and/or Transportation 4.6% Non-Profit 4.4% Lodging Accommodations or Other Food Services (catering, banquet, etc.) 4.2% Manufacturing 4.1% Education or Healthcare 4.1% Repair and Maintenance or Other Services 2.1% All other Attachment B 203 3. Including all full-time and part-time employees, how many permanent, seasonal and temporary employees work at or from your location? [IF NEEDED: As of today, how many people work at or from your current location] 12.9% Less than 5 14.9% Between 5 and 9 26.8% Between 10 and 24 15.6% Between 25 and 49 12.2% Between 50 and 99 17.6% 100 or more 4. If you currently have [TAKE Q3 #] full-time and part-time permanent, seasonal and temporary employees at your location, how many more or how many fewer employees do you expect to have at your location 12 months from now? 45.6% More 3.3% Fewer 49.8% Same number of employees 1.4% (DON’T READ) Don't know/ Refused Expected Employment in 12 months – Outliers Removed (companies expecting to add 50 or more employees and an expected growth rate of 50% or higher) (Calculated by only examining businesses with both current and projected data) Current 12 months n 454 454 Mean 126.09 129.49 Median 15.00 16.00 Total Employees 57,247 58,790 Change 1,543 % Growth 2.7% [IF Q1>1 THEN ASK Q5, OTHERWISE SKIP] 5. Over the last three years, has your company grown, declined or stayed about the same in terms of permanent, seasonal and temporary employees at your current location? [If it has grown or declined, ask] By about how many people? 31.4% Grown 10.3% Declined 53.0% Stayed the same Attachment B 204 5.3% (DON’T READ) Don't know/ Refused Reported employment growth over the last 36 months – Outliers Removed (companies that added 50 or more employees with a growth rate of 50% or higher) (Calculated by only examining businesses with both current and past data) 36 months ago Current n 346 346 Mean 119.63 129.45 Median 12.50 13.00 Total Employees 41,391 44,789 Change 3,398 % Growth 8.2% SECTION 2 – MW BUSINESS PROFILE Now I would like to ask about your organization’s payment structure. 6. Thinking about the current employees at your location, approximately how many are paid a wage of $10 to $11 an hour? 6.2% Very few, 1% to 10% 15.6% Some but less than half, 11% to 40% 10.2% About half, 41% to 59% 14.5% Most but not all, 60% to 89% 22.2% All or close to it, 90% to 100% 29.5% None, all of our employees make more than $10 an hour the minimum wage 1.7% (DON’T READ) Don't know/ Refused [IF Q6>0, ask Q7 – Q10 OTHERWISE SKIP TO Q11] 7. How many of your current employees making between $10 and $11 an hour are permanent, full-time workers? (n=362) 2.8% Very few, 1% to 10% 12.7% Some but less than half, 11% to 40% 8.8% About half, 41% to 59% 13.0% Most but not all, 60% to 89% 34.8% All or close to it, 90% to 100% 16.6% None of our permanent full-time employees make the minimum wage 11.3% (DON’T READ) Don't know/ Refused Attachment B 205 8. How many of your current employees making between $10 and $11 an hour are permanent, part- time workers? (n=362) 3.9% Very few, 1% to 10% 21.0% Some but less than half, 11% to 40% 11.9% About half, 41% to 59% 11.6% Most but not all, 60% to 89% 13.5% All or close to it, 90% to 100% 17.1% None of our permanent part-time employees make the minimum wage 21.0% (DON’T READ) Don't know/ Refused 9. How many of your current employees making between $10 and $11 an hour are seasonal or temporary workers? (n=362) 6.1% Very few, 1% to 10% 15.7% Some but less than half, 11% to 40% 4.7% About half, 41% to 59% 3.9% Most but not all, 60% to 89% 3.0% All or close to it, 90% to 100% 52.2% None of our seasonal or temporary employees make the minimum wage 14.4% (DON’T READ) Don't know/ Refused 10. How many of your current workers making between $10 and $11 an hour are 19 years old or younger? (n=362) 7.5% Very few, 1% to 10% 11.9% Some but less than half, 11% to 40% 2.8% About half, 41% to 59% 3.9% Most but not all, 60% to 89% 6.1% All or close to it, 90% to 100% 61.3% None of our minimum wage employees are 19 years old or younger 6.6% (DON’T READ) Don't know/ Refused 11. How many of your current employees make between $11.01 and $15 an hour? 12.7% Very few, 1% to 10% 31.1% Some but less than half, 11% to 40% 9.7% About half, 41% to 59% 7.9% Most but not all, 60% to 89% 4.2% All or close to it, 90% to 100% 13.3% None of our employees make between $11.01 and $15 an hour Attachment B 206 21.0% (DON’T READ) Don't know/ Refused SECTION 3 – Minimum Wage – Impact on Business Now I would like to ask how an increase in the minimum wage would impact your business at the current location. 12. How likely are the following statements to occur at your business location, if the minimum wage in Santa Clara County is gradually increased to $15 an hour by 2019: very likely, somewhat likely, not at all likely or not sure? RANDOMIZE Very likely Somewhat likely Not at all likely (DON’T READ) DKNA/It depends Not sure A. Your employees at the minimum wage will be more satisfied and more productive 42.1% 20.7% 20.7% 9.7% 6.9% B. You will reduce the total number of workers that you employ 17.8% 22.2% 46.7% 7.9% 5.4% C. You will reduce the hours for your minimum wage employees 18.0% 21.2% 45.0% 9.5% 6.4% D. Your costs of employee turnover will decrease because employees will be less likely to quit 22.0% 23.2% 34.9% 11.4% 8.5% E. You will have to close the business 8.3% 12.7% 58.5% 10.4% 10.0% F. You will need to increase prices to your customers to pay for the increased wages 40.9% 24.7% 22.0% 6.8% 5.6% G. You will move the business to a community that has a lower minimum wage 12.5% 14.1% 57.5% 8.5% 7.3% H. You will invest in technologies that reduce the need for workers and lowers labor costs 21.2% 20.7% 43.4% 7.9% 6.8% 13. Please tell me whether you agree or disagree with each of the following statements. Here’s the (first/next) one: ____________. (READ ITEM AND ASK:) Do you agree, somewhat agree, neither agree nor disagree, somewhat disagree, or disagree with the statement? RANDOMIZE Attachment B 207 Agree Somewhat agree Neither agree nor disagree Somewhat disagree Disagree (DON’T READ) Don't know/ Refused A. An increase in the minimum wage will help reduce income inequality in our community 41.9% 23.4% 10.0% 5.4% 15.8% 3.5% B. If the minimum wage increases, it will make it harder to start and grow businesses in our community 37.8% 22.8% 11.2% 7.3% 18.1% 2.7% C. An increase in the minimum wage makes sense for our community, given our high cost of living 58.3% 17.8% 9.5% 3.5% 9.1% 1.9% D. It would be better to have the same increase in the minimum wage throughout the County than to have different rates in different cities 55.2% 19.5% 11.0% 4.4% 7.3% 2.5% Since it sometimes becomes necessary for the project manager to call back and confirm responses to certain questions, I would like to verify your contact information. A. First and Last Name___________________ B. Position__________________________ C. Phone_____________ D. Email ______________ E. Company Name___________________ F. Company Address (including City, State, Zip) ___________________ Those are all the questions I have. Thank you very much for your time. Attachment B 208 Senate Bill No. 3 CHAPTER 4 An act to amend Sections 245.5, 246, and 1182.12 of the Labor Code, relating to labor. [Approved by Governor April 4, 2016. Filed with Secretary of State April 4, 2016.] legislative counsel’s digest SB 3, Leno. Minimum wage: in-home supportive services: paid sick days. (1) Under existing law, the Healthy Workplaces, Healthy Families Act of 2014, an employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days, as specified. Existing law requires an employee to accrue paid sick days at the rate of not less than one hour per every 30 hours worked subject to specified use and accrual limitations. For the purposes of the act, an “employee” does not include a provider of in-home supportive services, as described. This bill, on and after July 1, 2018, would entitle a provider of in-home supportive services who works in California for 30 or more days within a year from the commencement of employment to paid sick days, subject to specified full amount of leave time amounts and that rate of accrual. The bill would require the State Department of Social Services, in consultation with stakeholders, to convene a workgroup to implement paid sick leave for in-home supportive services providers and to issue guidance in that regard by December 1, 2017. The bill would authorize the department to implement that paid sick leave without complying with the Administrative Procedure Act. (2) On and after July 1, 2014, existing law requires the minimum wage for all industries to be not less than $9 per hour. On and after January 1, 2016, existing law requires the minimum wage for all industries to be not less than $10 per hour. This bill would require the minimum wage for all industries to not be less than specified amounts to be increased from January 1, 2017, to January 1, 2022, inclusive, for employers employing 26 or more employees and from January 1, 2018, to January 1, 2023, inclusive, for employers employing 25 or fewer employees, except when the scheduled increases are temporarily suspended by the Governor, based on certain determinations. The bill would also require the Director of Finance, after the last scheduled minimum wage increase, to annually adjust the minimum wage under a specified formula. On or before July 28, 2017, and on or before every July 28 thereafter until the minimum wage is a specified amount for employers employing 26 or more employees, the bill would require the Director of Finance to annually 95 209222 determine, based on certain factors, whether economic conditions can support a scheduled minimum wage increase and certify that determination to the Governor and the Legislature. The bill would also require the State Board of Equalization to publish specified retail sales and use tax information on its Internet Web site to be used by the Director of Finance in making that determination. On or before July 28, 2017, and on or before every July 28 thereafter until the minimum wage is a specified amount for employers employing 26 or more employees, in order to ensure that the General Fund can support the next scheduled minimum wage increase, the bill would also require the Director of Finance to annually determine and certify to the Governor and the Legislature whether the General Fund would be in a deficit in the current fiscal year, or in either of the following 2 fiscal years. The people of the State of California do enact as follows: SECTION 1. Section 245.5 of the Labor Code is amended to read: 245.5. As used in this article: (a) “Employee” does not include the following: (1) An employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. (3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to the provisions of Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. 95 — 2 —Ch. 4 210223 (4) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into his or her respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31680) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code. (b) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (c) “Family member” means any of the following: (1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. (2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. (3) A spouse. (4) A registered domestic partner. (5) A grandparent. (6) A grandchild. (7) A sibling. (d) “Health care provider” has the same meaning as defined in paragraph (6) of subdivision (c) of Section 12945.2 of the Government Code. (e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. SEC. 2. Section 246 of the Labor Code is amended to read: 246. (a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. (2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual in paragraph (1) of subdivision (b). (b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section. (2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per 95 Ch. 4— 3 — 211224 workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek. (3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period. (4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th calendar day of employment. (c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued. (d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 24 hours or three days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means three days or 24 hours. (e) For a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, the term “full amount of leave” is defined as follows: (1) Eight hours or one day in each year of employment, calendar year, or 12-month period beginning July 1, 2018. (2) Sixteen hours or two days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached thirteen dollars ($13) per hour. (3) Twenty-four hours or three days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached fifteen dollars ($15) per hour. (f) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following: (1) Satisfies the accrual, carryover, and use requirements of this section. (2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off 95 — 4 —Ch. 4 212225 policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least three days or 24 hours of sick leave or paid time off within nine months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision. (3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive of the Government Code, meet the requirements of this section. (g) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. (2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment. (h) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation. (i) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016. 95 Ch. 4— 5 — 213226 (j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 48 hours or 6 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section. (k) An employee may determine how much paid sick leave he or she needs to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave. (l) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations: (1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. (2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. (3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. (m) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. (n) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken. (o) The State Department of Social Services, in consultation with stakeholders, shall convene a workgroup to implement paid sick leave for in-home supportive services providers as specified in this section. This workgroup shall finish its implementation work by November 1, 2017, and the State Department of Social Services shall issue guidance such as an all-county letter or similar instructions by December 1, 2017. (p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of an all-county letter, or similar instructions, without taking any regulatory action. SEC. 3. Section 1182.12 of the Labor Code is amended to read: 1182.12. (a) Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour. (b) Notwithstanding subdivision (a), the minimum wage for all industries shall not be less than the amounts set forth in this subdivision, except when 95 — 6 —Ch. 4 214227 the scheduled increases in paragraphs (1) and (2) are temporarily suspended under subdivision (d). (1) For any employer who employs 26 or more employees, the minimum wage shall be as follows: (A) From January 1, 2017, to December 31, 2017, inclusive,—ten dollars and fifty cents ($10.50) per hour. (B) From January 1, 2018, to December 31, 2018, inclusive,—eleven dollars ($11) per hour. (C) From January 1, 2019, to December 31, 2019, inclusive,—twelve dollars ($12) per hour. (D) From January 1, 2020, to December 31, 2020, inclusive,—thirteen dollars ($13) per hour. (E) From January 1, 2021, to December 31, 2021, inclusive,—fourteen dollars ($14) per hour. (F) From January 1, 2022, and until adjusted by subdivision (c)—fifteen dollars ($15) per hour. (2) For any employer who employs 25 or fewer employees, the minimum wage shall be as follows: (A) From January 1, 2018, to December 31, 2018, inclusive,—ten dollars and fifty cents ($10.50) per hour. (B) From January 1, 2019, to December 31, 2019, inclusive,—eleven dollars ($11) per hour. (C) From January 1, 2020, to December 31, 2020, inclusive,—twelve dollars ($12) per hour. (D) From January 1, 2021, to December 31, 2021, inclusive,—thirteen dollars ($13) per hour. (E) From January 1, 2022, to December 31, 2022, inclusive,—fourteen dollars ($14) per hour. (F) From January 1, 2023, and until adjusted by subdivision (c)—fifteen dollars ($15) per hour. (3) For purposes of this subdivision, “employer” means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person. For purposes of this subdivision, “employer” includes the state, political subdivisions of the state, and municipalities. (4) Employees who are treated as employed by a single qualified taxpayer under subdivision (h) of Section 23626 of the Revenue and Taxation Code, as it read on the effective date of this section, shall be considered employees of that taxpayer for purposes of this subdivision. (c) (1) Following the implementation of the minimum wage increase specified in subparagraph (F) of paragraph (2) of subdivision (b), on or before August 1 of that year, and on or before each August 1 thereafter, the Director of Finance shall calculate an adjusted minimum wage. The calculation shall increase the minimum wage by the lesser of 3.5 percent and the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted United 95 Ch. 4— 7 — 215228 States Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). The result shall be rounded to the nearest ten cents ($0.10). Each adjusted minimum wage increase calculated under this subdivision shall take effect on the following January 1. (2) If the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W is negative, there shall be no increase or decrease in the minimum wage pursuant to this subdivision on the following January 1. (3) (A) Notwithstanding the implementation timing described in paragraph (1) of this subdivision, if the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W exceeds 7 percent in the first year that the minimum wage specified in subparagraph (F) of paragraph (1) of subdivision (b) is implemented, the indexing provisions described in paragraph (1) of this subdivision shall be implemented immediately, such that the indexing will be effective on the following January 1. (B) If the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W exceeds 7 percent in the first year that the minimum wage specified in subparagraph (F) of paragraph (1) of subdivision (b) is implemented, notwithstanding any other law, for employers with 25 or fewer employees the minimum wage shall be set equal to the minimum wage for employers with 26 or more employees, effective on the following January 1, and the minimum wage increase specified in subparagraph (F) of paragraph (2) of subdivision (b) shall be considered to have been implemented for purposes of this subdivision. (d) (1) On or before July 28, 2017, and on or before every July 28 thereafter until the minimum wage is fifteen dollars ($15) per hour pursuant to paragraph (1) of subdivision (b), to ensure that economic conditions can support a minimum wage increase, the Director of Finance shall annually make a determination and certify to the Governor and the Legislature whether each of the following conditions is met: (A) Total nonfarm employment for California, seasonally adjusted, decreased over the three-month period from April to June, inclusive, prior to the July 28 determination. This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in March, as reported by the Employment Development Department. (B) Total nonfarm employment for California, seasonally adjusted, decreased over the six-month period from January to June, inclusive, prior to the July 28 determination. This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in December, as reported by the Employment Development Department. 95 — 8 —Ch. 4 216229 (C) Retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending one month prior to the July 28 determination is less than retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending 13 months prior to the July 28 determination. The calculation for the condition specified in this subparagraph shall be made as follows: (i) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the total retail sales (sales before adjustments) for the prior month derived from their daily retail sales and use tax reports. (ii) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the monthly factor required to convert the prior month’s retail sales and use tax total from all tax rates to a retail sales and use tax total from a 3.9375-percent tax rate. (iii) The Department of Finance shall multiply the monthly total from clause (i) by the monthly factor from clause (ii) for each month. (iv) The Department of Finance shall sum the monthly totals calculated in clause (iii) to calculate the 12-month July 1 to June 30, inclusive, totals needed for the comparison in this subparagraph. (2) (A) On or before July 28, 2017, and on or before every July 28 thereafter until the minimum wage is fifteen dollars ($15) per hour pursuant to paragraph (1) of subdivision (b), to ensure that the state General Fund fiscal condition can support the next scheduled minimum wage increase, the Director of Finance shall annually make a determination and certify to the Governor and the Legislature whether the state General Fund would be in a deficit in the current fiscal year, or in either of the following two fiscal years. (B) For purposes of this subdivision, deficit is defined as a negative balance in the Special Fund for Economic Uncertainties, as provided for in Section 16418 of the Government Code, that exceeds, in absolute value, 1 percent of total state General Fund revenue and transfers, based on the most recent Department of Finance estimates required by Section 12.5 of Article IV of the California Constitution. For purposes of this subdivision, the estimates shall include the assumption that only the minimum wage increases scheduled for the following calendar year pursuant to subdivision (b) will be implemented. (3) (A) (i) If, for any year, the condition in either subparagraph (A) or (B) of paragraph (1) is met, and if the condition in subparagraph (C) of paragraph (1) is met, the Governor may, on or before August 1 of that year, notify the Legislature of an initial determination to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year. (ii) If the Director of Finance certifies under paragraph (2) that the state General Fund would be in a deficit in the current fiscal year, or in either of the following two fiscal years, the Governor may, on or before August 1 of that fiscal year, notify the Legislature of an initial determination to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year. 95 Ch. 4— 9 — 217230 (B) If the Governor provides notice to the Legislature pursuant to subparagraph (A), the Governor shall, on September 1 of any such year, make a final determination whether to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year. The determination to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year shall be made by proclamation. (C) The Governor may temporarily suspend scheduled minimum wage increases pursuant to clause (ii) of subparagraph (A) no more than two times. (D) If the Governor makes a final determination to temporarily suspend the scheduled minimum wage increases pursuant to subdivision (b) for the following year, all dates specified in subdivision (b) that are subsequent to the September 1 final determination date shall be postponed by an additional year. O 95 — 10 —Ch. 4 218231 SARATOGA CITY COUNCIL MEETING DATE:January 15, 2020 DEPARTMENT:City Manager’s Department PREPARED BY:Debbie Bretschneider, City Clerk SUBJECT:City Council Meeting 2020 Schedule RECOMMENDED ACTION: Provide direction to staff regarding the City Council’s 2020 meeting schedule; and authorize the City Manager to reinstate any cancelled meeting with 72 hours’ notice if any urgent items arise. BACKGROUND: In 2019, the Council cancelled meetings for a spring and a summer recess. If the Council follows the same schedule, the cancelled meetings would be April 1, 2020, July 15, 2020, and August 5, 2020. Since 2011, with the exception of 2012 and 2018, the Council has canceled the last meeting in July and the first meeting in August. According to Saratoga City Code section 2-10.010, “Any regular meeting may be rescheduled or cancelled by action of the City Council at a regular or special meeting preceding the meeting to be rescheduled or cancelled.” Additionally, the recommended action will authorize the City Manager to reinstate any cancelled meeting with 72 hours’ notice if any urgent items arise. ATTACHMENTS: Attachment A –Joint Meeting Calendar 219 01/15 6:00 p.m. Study Session on Human Trafficking Awareness | 7:00 p.m. Regular Session 02/05 6:00 p.m. Joint Meeting with Santa Clara County Fire at Senior Center, S. Ku Hall | 7:00 p.m. Regular Session 02/19 6:00 p.m. Joint Meeting with ---------------- | 7:00 p.m. Regular Session 02/28 Council Retreat | 8:30 a.m. - 4:30 p.m. | West Valley College, Baltic Room 03/04 5:00 p.m. Planning Commission interviews | 6:00 p.m. Joint Meeting with SASCC | 7:00 p.m. Regular Meeting 03/09 6:00 p.m. Commission Work Plan Study Session with Heritage Preservation, Planning, Library, Traffic Safety, Wildfire Task Force, and Parks & Recreation Commissions in Senior Center. S. Ku Hall 03/18 5:30 p.m. Library Commission Interviews | 6:00 p.m. CIP Prioritization Study session | 7:00 p.m. Regular Session 04/01 Tentative -Meeting cancelled 04/15 04/27 6:00 p.m. Joint Meeting with Chamber of Commerce | 7:00 p.m. Regular Session TENTATIVE 6:00 p.m. Budget Study session 05/04 Youth Commission interviews (time tentative) 05/06 6:00 p.m. Joint Meeting with Mountain Winery | 7:00 p.m. Regular Session 05/20 6:00 p.m. Joint Meeting with Board of Supervisor President Joe Simitian | 7:00 p.m. Regular Session 06/03 5:00 p.m. Traffic Safety Commission Interviews | 5:30 p.m. Joint Meeting with Saratoga Neighborhood & Neighborhood Watch in Community Center, Multipurpose room 06/17 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Saratoga Ministerial Association | 7:00 p.m. Regular Session 07/01 5:00 p.m. Closed Session | 7:00 p.m. Regular Session 07/15 Tentative Recess 08/05 Tentative Recess 08/19 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Hakone Board and Sister City | 7:00 p.m. Regular Session 09/02 5:00 p.m. Commission Interviews for Library & Parks | 6:00 p.m. Joint Meeting with Montalvo Arts | 7:00 p.m. Regular Session 09/16 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session 10/07 5:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees | 6:00 p.m. Joint Meeting - Saratoga Schools and Boards at West Valley College | 7:00 p.m. Regular 10/21 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session 11/04 6:00 p.m. Joint Meeting with KSAR | 7:00 p.m. Regular Session 11/18 6:00 p.m. Joint Meeting with ________________ | 7:00 p.m. Regular Session 12/02 5:00 p.m. Commission Interviews for HPC & TSC | 6:00 p.m. Joint Meeting with Historical Foundation |7:00 p.m. Regular Session 12/10 7:00 p.m. Council Reorganization 12/16 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2020 220 Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Linda Callon Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue. 221