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HomeMy WebLinkAbout12-20-2006 City Council Agenda Packet~.,a AGENDA REGULAR MEETING SARATOGA CITY COUNCIL DECEMBER 20, 2006 CLOSED SESSION- 6:00 P.M. -ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Name of case: Giberson v. City of Saratoga (real parties Byrd, Oak Creek Partners LLC and Maston) Santa Clara County Superior Court 106CV-072297. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION - Alburez v. City of Saratoga et al. (Santa Clara County Sup. Ct. Case No. lOCV065839) (Gov't Code REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on December l4, 2006.) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-A2endized Items Any member of the public will be allowed to address the City Council for up to three ~ minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications -Council Direction to Staff ~ Instruction to Staff regarding actions on current Oral Communications. U W x U Communications from Commissions . None Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS None CEREMONIAL ITEMS ] A. Commendations Honoring Members of the Kevin Moran Park Task Force Recommended action: Present commendations. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 2A. City Council Minutes -December 6, 2006 Special Meeting Recommended action: Approve minutes. 2B. City Council Minutes -December 6, 2006 Regulaz Meeting Recommended action: Approve minutes 2C. Approval of 2007 Saratoga City Council Meeting Calendaz Recommended action: Approve the 2007 meeting calendar. 2D. Resolution Confirming Council Agency and AdHoc Appointments Recommended action: Adopt resolution. 2E. City of Saratoga Personnel Rules and Policies - Part I of II Recommended action: Adopt the resolution approving the City of Saratoga Personnel Rules and Policies -PartIofII. 2 2F. Amendment to Traffic Engineering Contract with Ferh & Peers -Speed Study J Analysis for the City of Sazatoga \II- Recommended action: Amend the Traffic Engineering contract with Fehr & Peers to increase total compensation for Speed Zone Survey Analysis on various City streets. 2G. Amendment to Traffic Signal Maintenance Contract with Republic ITS -Pierce Road Intersection Improvements Recommended action: Amend recently approved contract with Republic ITS to increase total compensation for the traffic signal modification work associated with the improvements to the intersection of Pierce Road and Sazatoga-Sunnyvale Road. 2H. Agreement Concerning Joint Use of Campbell Union High Schoo] District Property (Prospect High Schoo]) -Revisions to Agreement Recommended action: Approve revised Joint Use Agreement with Campbell Union High School District and authorize City Manager to execute the same. 2I. Motor Vehicle (MV) Resolution Authorizing Installation of a Stop Sign on Marilyn Lane at the Intersection of Ravenswood Drive Recommended action: Adopt resolution. ~/ 2J. National Incident Management System (NIMS) Adoption Recommended action: Adopt the attached resolution approving the adoption of the National Incident Management System and its integration into the City's Standardized Emergency Management System. 2K. Saratoga-Sunnyvale Road Rehabilitation & Overlay Project (Federal Project STPL-5332-088) -Award of Construction Contract Recommended action: 1. Move to declare Top Grade Construction, Inc. of Livermore to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Top Grade Construction, Inc. in the amount of $518,340. 3. Move to authorize additional work in the amount of $80,327. 4. Move to authorize staff to execute change orders to the contract up to $25,000. 5. Adopt Budget Resolution. 2L.. 2006 Stormdrain Repair and Upgrade Project -Award of Construction Contract Recommended action: I . Move to declaze Furlo & Furlo of Los Gatos to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Furlo & Furlo in the amount of $181,900. 3. Move to authorize additional work in the amount of $10,000. 4. Move to authorize staff to execute change orders to the contract up to $36,000. 2M. 2007 Hazazdous Vegetation Progam Commencement Resolution Recommended action: Adopt resolution. PUBLIC HEARINGS Ordinance Amending Chapter 11 of the City Code adding Section 11-05.053 Allowing Signs in Congress Springs Park Recommended action: Conduct Public Hearing and introduce and waive first reading of ordinance regarding signs in Congress Springs Park and direct staff to place ordinance on consent calendaz for final adoption. OLD BUSINESS None NEW BUSINESS 4. Request for Funds for the 2007 Mustard Walk Recommended action: Adopt budget resolution. . ADHOC & AGENCY ASSIGNMENT REPORTS None CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on December 14, 2D06 Cit~,.[~Saratoga 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for pubic reev at that, location. The agenda is also available on the City's website at `any. u.rtu^ 'Yan nn vc . Sig'zed tlp~ 14`~ day of December, 2006 at Saratoga, California. Cat l n Boyer, CMC City Clerk SAR.ATOGA CITY COUNCIL A4EETING DATE: December 20, 2006 AGENDA ITEM: 2A ORIGINATING D P ity Manager's Offce PREPARED BY: \ Cathleen Boyer, 'ty lerk CITY MANAGE _ DEPT HEAD: ~ ~~ Dave Anderson, City Manager SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Special Meeting -December 6, 2006 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes December 6, 2006 MINUTES SARATOGA CITY COUNCIL DECEMBER 6, 2006 Mayor Kline called the Regular City Council meeting to order at 6:00 p.m. and announced that the Flag Ceremony would be presented by Boy Scout Troop 566. Boy Scout Troop 5661ed the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Ann Waltonsmith, Nick Streit, Vice Mayor Aileen Kao, Mayor Norman Kline ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Barbara Powell, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Sandra Sato, Interim Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 6, 2006 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 6, 2006, was properly posted on November 29, 2006. ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Kevin Schott stated he represented the Saratoga Firefighters and was present this evening to thank the City Council for their continued support throughout the year. Howard Miller announced that Boy Scout Troop would be sponsoring and E-Waste recycling event on January 6, 2006 from 9:00 a.m. - 5:00 p.m. at the North Campus. Janice Gamper requested that the City sponsor a "Helmet Day" in the City of Saratoga. Minutes ] December 6, 2006 NEW BUSINESS REMARKS FROM OUTGOING MAYOR KLINE Mayor Kline thanked his family, fellow City Councilmembers, and City staff. Mayor Kline highlighted the Council's accomplishments during 2006. 2. REMARKS FROM OUTGOING COUNCILMEMBER NICK STREIT Councilmember Streit thanked his family, past and current City Councilmembers and City staff for the last eight years. PRESENTATION TO MAYOR NORMAN KLINE AND COUNCILMEMBER NICK STREIT City Manager Anderson presented Mayor Kline and Councihnember Streit a gift from the City of Saratoga in appreciation to their service to the City of Sazatoga. 4. CERTIFICATION FOR NOVEMBER 7, 2006 GENERAL MUNICIPAL ELECTION RESULTS AND CANVASS OF RETURNS FROM THE COUNTY REGISTRAR OF VOTERS FOR COUNCIL CANDIDATES STAFF RECOMMENDATION: Adopt resolution and direct the City Clerk to Administer the Oath of Office to the new Councilmembers. RESOLUTION: 06-091 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that this report reflects the official results of the November 7, 2006 General Municipal Election for City Councilmembers. The Santa Clara Registraz of Voters completed the official canvass of returns and has certified the votes cast. The City Council is required to declaze the results of the election by resolution. KAO/KING MOVED TO ADOPT RESOLUTION CERTIFYING THE NOVEMBER 7, 2006 GENERAL MUNICIPAL ELECTION RESULTS AND CANVASS OF RETURNS FROM THE COUNTY REGISTRAR OF VOTERS FOR COUNCIL CANDIDATES. MOTION PASSED 5-0. Minutes 2 December 6, 2006 City Clerk Boyer administered the Oath of Office to Chuck Page, Kathleen King, and Jill Hunter. Mayor Kline adjourned and d the meeting at 6:35 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk Minutes 3 December 6, 2006 SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 ORIGINATING DEPT: City Manager's ice PREPARED BY: Cathleen Boyer, Clerk SUBJECT: City Council Minutes 2~ AGENDA ITEM: CITY MANAGE ' DEPT HEAD: ~ i i Dave Anderson, City Manager RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -December 6, 2006 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Minutes December 6, 2006 MINUTES SARATOGA CITY COUNCIL DECEMBER 6, 2006 Cathleen Boyer, City Clerk, called the Regular City Council meeting to order at 6:45 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page, Ann Waltonsmith, Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Barbara Powell, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Sandra Sato, Interim Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 6, 2006 Cathleen Boyer, City Clerk, reported that pursuant to Goverrunent Code Section 54954.2, the agenda for the meeting of December 6, 2006 was properly posted on November 29, 2006. ORAL COMMUNICATIONS None REORGANIZATION OF CITY COUNCIL STAFF RECOMMENDATION: Elect Mayor and Vice Mayor. 1. City Clerk declares the offices of Mayor and Vice Mayor to be vacant 2. Election of the Mayor 3. Election of the Vice Mayor City Clerk Boyer declared the office of Mayor vacant and asked for nominations. Regular Meeting -Minutes j December 6, 2006 WALTONSMITH/KING MOVED TO NOMINATE AILEEN KAO TO THE POSITION OF MAYOR. MOTION PASSED 5-0. Mayor Kao declared the office of Vice Mayor vacant and asked for nominations. KING/HUNTER MOVED TO NOMINATE COUNCILMEMBER ANN WALTONSMITH TO THE POSITION OF VICE MAYOR. MOTION PASSED 5-0. Santa Clara County Board Supervisor Liz Kniss administered the Oath of Office to the newly appointed Mayor and Vice Mayor. 2. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCILMEMBERS The Mayor, Vice Mayor, and fellow Councilmembers all made a few comments. CITY COUNCIL ITEMS Councilmember King requested the seven members of the KMP Task Force be presented with commendations. Vice Mayor Waltonsmith requested that the person who recently found the missing couple in the park be presented a commendation. ADJOURNMENT There being no further business, Mayor Kao adjourned the meeting at 7:lSp.m. Mayor Kao invited everyone to join the City Council in the lobby for a reception. Respectfully submitted, Cathleen Boyer, CMC City Clerk Regular Meeting -Minutes 2 December 6, 2006 SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: PREPARED BY: ~ DEPT HEA i SUBJECT: 2007 City Council Meeting Calendar RECOMMENDED ACTION: Approve calendar. REPORT SUMMARY: Attached is the draft City Council Meeting Calendar for 2007. Please provide comments on the schedule at the meeting and provide direction regazding the final official Council calendaz for calendar year 2007. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: Provide copies to all City Councilmembers, Staff, and Commissioners. Notify KSAR and update website. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Calendar ti ¢a n~~, 'F., ~.> CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2007 1/3 Regular Meeting -Joint Meeting with Heritage Preservation Commission and Historic Foundation 1/17 Regular Meeting -Joint Meeting with Traffic Safety Commission 2(7 Regular Meeting -Joint Meeting with SASCC 2/21 Regular Meeting -Joint Meeting with Youth Commission 3(7 Regular Meeting - 3oint Meeting with Saratoga Ministerial Association 3/21 Regular Meeting -Joint Meeting with Hakone Foundation 4/4 Regular Meeting -Joint meeting with Library Commission and Friends of the Saratoga Libraries 4118 Regular Meeting 5/2 Regular Meeting -Joint meeting with Villa Montalvo and Mt. Winery 5116 Regular Meeting 6/6 Regular Meeting -Joint Meeting with Planning Commission 6/20 Regular Meeting 7/4 Holiday -Meeting Cancelled 7/18 Regular Meeting 8/1 Regular Meeting 8115 Summer Recess 9/5 Regular Meeting 9119 Regular Meeting 10/3 Regular Meeting 10!17 Regular Meeting 11/7 Regular Meeting 11/21 Regular Meeting 12/5 Regular Meeting -Reorganization 12119 Regular Meeting SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 AGENDA ITEM: ORIGINATING DEPT: Ci Manager's Office CITY MANAGE PREPARED BY: DEPT HE thl n B i rk v r SUBJECT: Council Agency Assignments and AdHoc Committee Appointments RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: On December 6, 2006 the City Council reorganized and approved the nomination of Mayor Aileen Kao and Vice Mayor Ann Waltonsmith. Also at that time Mayor Kao directed the Council to submit their assignment requests to her for appointment. It is now appropriate to adopt the attached resolution with the Council Agency and AdHoc appointments. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Some Council representatives to various agencies and AdHoc Committees will remain the same, while other agencies and AdHoc Committees will not have assigned representatives. . ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Disseminate information to various agencies and City staff. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: Attachment A -Resolution RESOLUTION NO. 06- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND ADHOC COMMITTEES WHEREAS, the City Council reorganized on December 6, 2006, for the coming year; and WHEREAS, representatives from the City Council serve on various agencies and adhoc committees; and WHEREAS, the responsibility for representing the City Council should be shared by all its members. NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the City Council and the needs of the various organizations to which the City Council sends representatives, the following representatives agree hereby to be appointed to the agencies and adhoc committees named, through December 2007, or until replaced: Agency Councilmember Alternate Association of Ba Area Government Kao Waltonsmith Chamber of Commerce Pa e Hunter County Cities Association Leg. Task Force King Page Count HCD Polic Committee Hunter Kao Hakone Foundation Liaison Kao Waltonsmith KSAR Communit Access TV Board Waltonsmith Hunter Libr Joint Powers Association Hunter Kin Northern Central Flood Control Zone Adviso Boazd Waltonsmith King Peninsula Division, League of California Cities King Page Recycling & Waste Reduction Commission of SCC Kao Page Santa Clara County Valley Water (:ommission Waltonsmith Hunter Santa Clara Count Cities Association Kin Waltonsmith Santa Claza County Cities Association- Joint Economic Development Policy Committee JEDPC Page King Santa Clara County Emergency Council Hunter Waltonsmith SASCC Waltonsmith Hunter Sister Cit Liaison Waltonsmith Kao West Valley Solid Waste Joint Powers Association Page Hunter Valle Trans ortation Authorit PAC Kin Kao West Valle Sanitation District Pa a Kao West Valley Mayors and Managers Association Kao Waltonsmith Cit School AdHoc Kao Kin Villa e AdHoc Hunter Pa e Pros ect Road AdHoc Kin Waltonsmith Hi wa 9 Safet Pro'ect Committee Waltonsmith Kao Historic Foundation Hunter Pa e The above and forgoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 20`h day of December, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL j MEETING DATE: December 20, 2006 ORIGINATING DEPT: City Manager's11Office PREPARED BY: Monica LaBossiere-N~'"'"- Z~ AGENDA ITEM: CITY MANAGER• ! ~ 1~; ~/ DEPT HEA Human Resources Manacer SUBJECT: City of Saratoga Personnel Rules and Policies - Part I of II RECOMMENDED ACTIONS: Adopt the resolution approving the City of Saratoga Personnel Rules and Policies - Part I of II. REPORT SUMMARY: The City contracted with the employment law firm of Liebert Cassidy Whitmore to update the City's Personnel Rules and Policies. The City's current Personnel Rules and Policies were adopted in { 1993. Since that time, numerous changes have occurred in Personnel and Employment Law. ~.+' The City and the following bazgaining units, Sazatoga Management Association (SMO), Sazatoga Employee Association (SEA), and Millmen Industrial Carpenters Loca1262 (MIC) have satisfactorily met and consulted, and if required by law, agreed and finalized Articles for review and adoption by the City Council as Part I of II of the Personnel Rules and Policies. The City and MIC, specifically, agreed that all but two of the Articles (Article XXII, Grievance Policy and Article XIV, Drug and Alcohol-Free Workplace Policy) will be finalized. As a result, these articles will be submitted at a later date. The City and MIC agree to continue discussions. on these Articles, with a commitment from both parties to further discuss and refine these Rules and Policies and, if required by law reach an agreement on them, in order to submit them Yo the City Council at a future meeting for review and adoption as Part II of II of the Personnel Rules and Policies. FISCAL IMPACTS: N/A ALTERNATIVE ACTIONS: Choose not to adopt the City of Saratoga Personnel Rules and Policies - Part I of II. FOLLOW UP ACTIONS: Staff will implement the City of Saratoga Personnel Rules and Policies. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENT: ^ Resolution to adopt the City of Saratoga Personnel Rules and Policies - Part I of II. Copy of City of Saratoga Personnel Rules and Policies - Part I of II. ~/ RESOLUTION NO. O6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, ] STATE OF CALIFORNIA, ADOPTING THE CITY OF SARATOGA / PERSONNEL RULES AND POLICIES - PART I OF II WHEREAS, the City of Saratoga is authorized and directed under the provisions of Section 2-40.050 (Adoption of Personnel Rules) of the Saratoga Municipal Code to adopt Rules and Policies for the administration of the personnel system created in Chapter 2-40 of the Saratoga Municipal Code; and WHEREAS, the City of Saratoga is authorized to amend previously established Personnel System Rules and Policies pursuant to Section 2-40.050 of the Saratoga Municipal Code; and WHEREAS, the objectives of these Personnel Rules and Policies are to provide for a consistent, equitable, effective and efficient program of personnel administration and to comply with applicable laws relating to the administration of the personnel process for employees and the citizens of the City of Saratoga; and WHEREAS, these Rules and Policies set forth detail those procedures which insure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges and prohibitions which are placed upon all employees in the competitive service of the City of Saratoga; and WHEREAS, the City of Saratoga may enter into Memoranda of Understanding (MOUs) or Agreements with recognized employee organizations which regulate wages, hours, and working conditions of employees exclusively represented by such employee organizations. In the event such MOUs or Agreements are ratified by the City of Saratoga, the terms of such MOUs or Agreements shall prevail over inconsistent terms contained in these Personnel Rules and Policies; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given to the City Manager in the interpretation of these Rules and Policies pursuant to Saratoga Municipal Code Section 2-20.050 (Powers and Duties of the City Manager); and WHEREAS, these Personnel Rules and Policies supersede/replace previous Personnel Rules and Policies resolutions NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby approves and adopts the City of Saratoga Personnel Rules and Policies dated December 20, 2006. ~. AYES: NOES: ABSENT: ABSTAIN Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk ~..,.` ~~ TABLE OF CONTENTS CITY OF SARATOGA DRAFT PERSONNEL RULES AND POLICIES Article I Authority for and Coverage of the Personnel Policies Section 1. Authority Section 2. Coverage Section 3. No Contract Created Section 4. Conflicts with Other Provisions Section 5. Violation of the Personnel Policies Section 6. Delegation of Authority Section 7. Severability Article II Eaual Emplovment Opportunity Section 1. General Policy Section 2. Reasonable Accommodation Policy Article III Policy Against Harassment Discrimination and Retaliation Section 1. Purpose Section 2. Policy Section 3. Definitions Section 4. Reporting of Harassment, Discrimination, or Retaliation Section 5. City's Response to Complaint of Harassment, Discrimination, or Retaliation Section 6. Responsibilities of Employees, Management and Supervisory Employees Article IV Emplovee Recruitment Selection and Appointment Section i. Policy Section 2. Postings Section 3. Application Form Section 4. Application Submittal Section 5. Rejection of Applications Section 6. Application Review and Referral Section 7. Interviews Section 8. Employment Testing Section 9. Administrative Hiring Procedures Section 10. Probation Section 11. Immigration Law Compliance Section 12. Employee Orientation City of Saratoga -Personnel Rules and Policies City Council Approved on December 20, 2oob Article V Emplovee Status Section 1. FLSA-Exempt Employee Section 2. FLSA Overtime-Eligible Section 3. At-Will Employee Section 4. Probationary Employee Section 5. Regular Employee Section 6. Full-Time Employee Section 7. Part-Time Employee Section 8. Temporary, Provisional Employee or Seasonal Employee Article VI Emplovee Benefits Section 1. Discretionary Benefits (including health, dental, deferred compensation, retirement, short and long term disability, life and accidental death insurance, employee assistant program, flexible medical and dependent care spending plans, tuition reimbursement, long term care ). Section 2. Legislative Benefits (including workers' compensation, unemployment insurance compensation, Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), Health Insurance Portability and Accountability Act (HIPPA)). Section 3. Paid Time Off (PTO) Leaves (Annual and Administrative Leaves) Article VII Pertormance Evaluations Section 1. Frequency Section 2. Process Section 3. No Appeal Article VIII Personnel Files and Reference Requests Section 1. File Maintenance Section 2. File Content Section 3. Employee's Responsibility to Notify City of Changes Section 4. Medical Information Section 5. Access to Personnel Files Section 6. Destruction of Personnel Records Section 7. Reference Requests Article IX Transfer, Reinstatement, Resignation and Job Abandonment Section 1. Transfer Section 2. Reinstatement Section 3. Resignation Section 4. Job Abandonment City of Sara#o a -Personnel Rules and Policies 2 City Council ~pproved on December 20, 2006 Article X Layoff Section 1. Policy Section 2. Notice Section 3. Order of Layoff Section 4. Demotion Section 5. Transfer Section 6. Re-employment Section 7. Insurance Benefits Upon Layoff Section 8. Paid Time Off (PTO) Article XI Work Week, Hours of Work, and Absence Control Section 1. Work Week Defined Section 2. Hours of Work Section 3. Absence Control Article XII Compensation and Payroll Practices Section 1. Salary Upon Appointment Section 2. Salary Upon Acting Assignment (Work out of Class) Section 3. Salary Upon Transfer Section 4. Salary Upon Reclassification Section 5. Salary Upon Promotion Section 6. Salary Upon Demotion for Cause Section 7. Salary Upon Demotion Due to Lay Off Section 8. Merit Salary Increase Section 9. Pay Range Establishment Section 10. Pay Range Adjustments Section 11. Overtime Compensation Section 12. Compensatory Time Off Section 13. Prohibited Salary Deductions Article XIII Leaves of Absence Section 1. Holiday Leave Section 2. Catastrophic Injury/Illness Time Bank Section 3. Family Care and Medical Leave Section 4. Bereavement Leave Section 5. Pregnancy Disability Leave Section 6. Military Leave Section 7. Time Off for Victims of Violent Crimes or Domestic Abuse Section 8. Jury Duty and Court Appearances Section 9. Time Off to Vote Section 10. Industrial Injury Leave Section 11. School-Related Leaves Section 12. Unauthorized Leaves Section 13. Unpaid Leave ~~~~ga -pP~~nne1_Rules and Policies City Council .approved on December 20, 2006 Article XIV Section 1. Policy Section 2. Scope of Policy Section 3. Searches Section 4. Drug and Alcohol Testing Section 5. Employee Responsibilities Section 6. Management Employee Responsibilities Section 7. Drug-Free Awareness Program Article XV Fitness for Dutv Examinations Section 1. Conditional Offer of Employment Examinations Section 2. Current Employee Examinations Section 3. Role of the Health Care Provider Section 4. Medical Information Section 5. Medical Information from the Employee's Health Care Provider Section 6. Interactive Process Discussion Section 7. Determination Article XVI Workplace Security Section 1. Policy Section 2. Prohibited Behavior Section 3. Definitions Section 4. Incident Reporting Procedures Section 5. Investigation Section 6. Management Responsibilities Section 7. Follow up and Disciplinary Procedures Article XVII Employment of Relatives Section 1. Definitions Section 2. Policy as to Relatives Section 3. Policy as to Employees Who Become Spouses or Domestic Partners Article XVIII Use of City Property and Equipment Section 1. Policy Section 2. Use of Communications Equipment Section 3. Vehicle Safety City of Sarato a -Personnel Rules and Policies 4 ~~y C~une~pgroved a~, neeertrber 20, 2006 Article XIX Outside Emplovment Section 1. Policy Section 2. Definition of Outside Employment or Activity Section 3. Prohibited Types of Outside Employment or Activities Section 4. Request to Pursue Outside Employment or Activity Article XX Empiovee Political Activities Section 1. Policy Section 2. Examples of Prohibited Conduct Section 3. Examples of Permitted Conduct Article XXI Discipline Policv Section 1. Policy Coverage Section 2. Causes for Discipline Section 3. Administrative Leave Section 4. Types of Discipline Section 5. Skelly Process -Pre-Disciplinary Procedure for Suspension, Demotion, Reduction in Pay, or Discharge Section 6. Evidentiary Appeal to the City Manager Article XXII Grievance Policv (On hold. Will be aroposed as Pan' 2 of 2 of Personnel Rules and Policies) Section 1. Policy Section 2. Eligibility to File a Grievance Section 3. Definition of "Grievance" Section 4. Exclusions from the Grievance Procedure Section 5. Grievance Procedure Section 6. Settlement of Grievance Section 7. Representation Section 8. No Retribution Section 9. Withdrawal Section 10. Resubmission Section 11. Miscellaneous Section 12. Delegation Article XXIII Employer-Employee Relations Policv Section 1. Policy Section 2. Definition Section 3. Representation Proceeding Section 4. Administration Section 5. Impasse Procedure Section 6. Construction City of Saratoga -Personnel Rules and Policies City Council Approved on December 20, 2006 CITY OF SARATOGA PERSONNEL RULES AND POLICIES ARTICLE I. AUTHORITY FOR AND COVERAGE OF THE PERSONNEL POLICIES Section 1. Authoritv The City of Saratoga City Council authorizes the City Manager to establish and enforce these personnel rules and policies pursuant to City Code 2-20.050 Powers and Duties of the City Manager. Section 2. Coverage These Policies apply to all City employees, except that nothing in these Policies regarding disciplinary rights, disciplinary processes, and the grievance policy under Article XXII applies to those who serve in an at-will capacity, or at the pleasure of the City Council, or by contract. Nothing in these Policies gives those who serve at-will, or at the pleasure of the Ciry Council, or by contract the right to continued employment. Section 3. No Contract Created Nothing in these Policies is intended to create or creates any contractual right in City employment. Section 4. Conflicts with Other Provisions If a provision of these Policies actually conflicts with any provision of an applicable collective bargaining agreement, City ordinance, or state or federal law, the collective bargaining agreement, City ordinance, or state or federal law shall control. In all other cases, these Policies apply. Section 5. Violation of the Personnel Policies A violation of any Policy contained herein shall be grounds for discipline, up to and including termination from City employment. Section 6. Delegation of Authoritv Any of the City's management staff may delegate any of the responsibilities listed in these Policies to any other appropriate management staff member, regardless of whether the Policy at issue specifically authorizes the delegation of the matter. Section 7. Severability If any court finds any section, subsection, sentence clause or phrase of these Policies to be inconsistent with the law, such finding(s) shall not affect the validity of the remaining portion of these Policies. City of Sarato a -Personnel Rules and Policies 6 amity eotinoi] ~pproved-an-Hecember 20; 2006 Article II. Equal Employment Opportunity ARTICLE II. EQUAL EMPLOYMENT OPPORTUNITY Section 1. General Policv The City prohibits discrimination against applicants or employees on the basis of any of the following protected classifications: an individual's race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality, pursuant to Government Code section 12926 (q)), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, pregnancy, age, cancer or HIV/AIDS related medical condition, genetic characteristics, and physical or mental disability (whether perceived or actual). The City will afford equal employment opportunity to all qualified applicants and employees with regard to all terms and conditions of employment, including hiring, compensation, training, promotion, transfer, discipline and termination. Section 2. Reasonable Accommodation Policv Subdivision 1. Policv The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act. Subdivision 2. Procedure 1. Request for Accommodation An employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Division. The request must identify: a) the job-related functions at issue; and b) the desired accommodation(s). 2. Reasonable Documentation of Disability Following receipt of the request, the Human Resources Division may require additional information, such as reasonable documentation of the existence of a disability. 3. Fitness for Duty Examination The City may require an employee to undergo a fitness for duty examination to determine whether the employee can perform the essential functions of the job with or without accommodation. Fitness for Duty Examinations will be conducted pursuant to Article XV. Fitness for Duty Examinations. 4. Interactive Process Discussion After receipt of the results of a fitness for duty report and reasonable documentation of disability, the City will arrange for a discussion, in person or via telephone conference call, with the employee, and his or her representatives, if any. The purpose of the discussion City of oga_-P a and Policies ~ City Coun~a cal Approve oeT~o n Decem~er 20, 2006 Article II. Equal Employment Opportunity is to work in good faith to fully discuss all feasible potential reasonable accommodations. 5. Case-by-Case Determination The City determines, in its sole discretion, whether reasonable accommodation(s) can be made, and the type of accommodation(s) to provide. The City will not provide accommodation(s) that would pose an undue hardship upon City finances or operations, or that would endanger the health or safety of the applicant, employee or others. The City will inform the employee of its decision as to reasonable accommodation(s) in writing. City of Saratoga -Personnel Rules and Policies 8 --Citp~ounci}~ppraved eta ~ ecer~suC°r 2o,-goo6 Article III. Policy Against Harassment, Discrimination and Retaliation ARTICLE III. POLICY AGAINST HARASSMENT. DISCRIMINATION AND RETALIATION Section 1. Puraose: It is the City's intent and the purpose of this Policy to provide all employees, applicants, and contractors with an environment that is free from any form of harassment, discrimination or retaliation as defined in this Policy. This Policy prohibits harassment or discrimination on the basis of any of the following protected classifications, including but not limited to, an individual's race, religion, color, sex, gender identiiy, sexual orientation (including heterosexuality, homosexuality and bisexuality, pursuant to Government Code section 12926 (q)), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, pregnancy, age, medical condition, for example, cancer or HIV/AIDS related, genetic characteristics, and physical or mental disability (whether perceived or actual). It is also the policy of the City to provide a procedure for investigating alleged harassment, discrimination and retaliation in violation of this Policy. The protection from discrimination includes the protection from retaliation on any of the above identified protected classifications against an employee for his or her having taken action either as a complainant or griever, or for assisting a complainant or griever in taking action, or for acting as a witness or advocate on behalf of an employee in a legal or other proceeding to obtain a remedy for a breach of this policy. Section 2. Policv: The City has zero tolerance for any conduct that violates this Policy. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If an employee is in doubt as to whether or not any particular conduct may violate this Policy, the employee should not engage in the conduct, and seek guidance from a supervisor or the Human Resources Division. Section 3. Definitions: 1. Protected Classifications: This Policy prohibits harassment or discrimination because of an individual's protected classification(s). "Protected Classification° includes race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality, pursuant to Government Code section 12926 (q)), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, pregnancy, age, medical condition (cancer or HIV/AIDS related), genetic characteristics, and physical or mental disability (whether perceived or actual). 2. Policv Coverage: This Policy prohibits Ciry officials, officers employees, or contractors from harassing or discriminating against applicants, ('.itv of Sar P~r~,onnelRulesand_PQlicies q City Councirove on December 20, 2006 Article III. Policy Against Harassment, Discrimination and Retaliation officers, officials, employees, or contractors because: (1) of an individual's protected classification, (2) of the perception that an individual has a protected classification, or (3) because the individual associates with a person who has or is perceived to have a protected classification. 3. Discrimination: This Policy prohibits treating individuals differently because of the individual's protected classification as defined by this Policy. 4. Harassment: Harassment means unsolicited words or conduct which tends to annoy, alarm or abuse another person. Harassment includes, but is not limited to, the following examples of behavior undertaken because of an individual's protected classification: a. Verbal harassment, such as epithets (nicknames and slang terms), derogatory or suggestive comments, jokes or slurs, including graphic verbal commentaries about an individual's body, or that identify a person on the basis of his or her protected classification. Verbal harassment includes comments on appearance and stories that tend to disparage those with a protected classification. b. Visual forms of harassment, such as derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or a-mails on the basis of a protected classification. c. Physical harassment, such as assault, touching, impeding or blocking movement, grabbing, patting, propositioning, leering, making express or implied job-related threats in return for submission to physical acts, mimicking, taunting, or any physical interference with normal work or movement. d. Sexual harassment, such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature or any of the above described conduct when: (i) Submission to such conduct is either an expressed or implied term or condition of an individual's employment, or (ii) Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, ar (iii) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating or offensive work environment. 5. Retaliation: Retaliation against a person (and his or her associates) who reports or provides information about harassment or discrimination is strictly prohibited. Any act of reprisal violates this Policy and will result in appropriate disciplinary action. Examples of actions that might be City of Saratoga -Personnel Rules and Policies 10 - amity Ceunei) 13er=o;zoo6 Article III. Policy Against Harassment, Discrimination and Retaliation retaliation against a complainant, witness or other participant in the complaint process include: (1) singling a person out for harsher treatment, (2) lowering a performance evaluation, (3) failing to hire, failing to promote, withholding pay increases, assigning more onerous work, abolishing a position, demotion or discharge, and (4) spreading rumors about a complaint or complainant, (5) shunning and avoiding an individual who reports harassment or discrimination, or (6) real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. Even where well-intentioned, attempts to insulate or protect a complainant by changing his or her work environment or schedule or duties, or by transferring the complainant to another office, may be retaliatory. Before a supervisor takes such action, the supervisor should contact the Human Resources Division. Any act of retaliation will be treated as a separate and distinct incident, regardless of the outcome of the harassment complaint. Section 4. Reporting of Harassment. Discrimination, or Retaliation. An applicant, employee, officer, official or contractor who feels he or she has been harassed, discriminated against or retaliated against in violation of this Policy should report the conduct immediately as outlined below so that the complaint can be resolved quickly and fairly. All employees involved in the complaint process may be represented by a person of their choosing at their own expense. Subdivision 1. Objection to the Conduct: Sometimes an individual is unaware that his/her conduct is offensive. In these situations the offensive behavior may be eliminated by simply informing the offender that the conduct or language in question is unwelcome and offensive and request that it be discontinued immediately. A person who believes he/she is being harassed is encouraged, but is not required to use the informal process. When the conduct in question continues after the offending person has been informed it is offensive, or if a person does not feel comfortable talking to the offending person directly, the employee should make a report in accordance with Subdivision 2 and/or 3 below, or go directly to the formal reporting process. The informal process is not a prerequisite to filing a complaint. Subdivision 2. Oral Report: If a person who believes that this Policy has been violated does not want to confront the offending person, he/she should report the conduct to a supervisor, department director(s) or any City management employee. The individual may also seek the advice, assistance or consultation of a supervisor, department director(s), or any City management _.CiYy4 rato a -Personnel_Rules an_d_Policies 11 City Counc~ pprove~ on Decem~r 20, 2006 Article III. Policy Against Harassment, Discrimination and Retaliation employee. Any supervisory or management employee who receives such a report must in turn direct it to the Human Resources Division. Subdivision 3. Written Complaint: An individual who believes this Policy has been violated and does not feel comfortable using the process outlined above may provide a written complaint to a supervisor, department director(s) or any management employee, who in turn must direct the complaint to the Human Resources Division. Individuals are encouraged to use. the Confidential Complaint Form for this purpose. Subdivision 4. Option to Report to Outside Administrative Agencies: Applicants, employees, officers, officials and contractors have the option to report harassment, discrimination, or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DEER). These governmental agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the phone book as well as on the posters located on City bulletin boards. Section 5. City's Response to Complaint of Harassment, Discrimination, or Retaliation Subdivision 1. Investigation: Upon receipt of a complaint of alleged harassment, discrimination or retaliation, the Human Resources Department will be responsible for coordinating a thorough investigation (unless a member of the Department is named in the complaint, in which case the Assistant City Manager will coordinate the investigation). The Human Resources Manager may coordinate the investigation with the complainant's department director(s) and may hire an outside investigator if the City deems appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and shall be determined by the Department of Human Resources. The Human Resources Manager, with approval by the City Manager, or the Assistant City Manager if the alleged perpetrator is the City Manager, may take interim action to diffuse volatile circumstances, such as placing the alleged perpetrator on paid administrative leave or temporarily transferring the alleged perpetrator. No interim action should be taken to change the complaining individual's working conditions unless the complaining individual voluntarily consents to the temporary change. The investigator will review the complaint allegations in an objective manner and to the extent that the City deems necessary. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge concerning the allegations. The investigator will remind all witnesses to maintain the confidentiality of the City of Sarato a -Personnel Rules and Policies 12 >vi r 28,-2006 Article III. Policy Against Harassment, Discrimination and Retaliation content of the interview, and that retaliation against those who report alleged harassment or who participate in the investigation is prohibited. The City takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination or retaliation may be occurring, regardless of whether or not the recipient of the alleged action or a third party reports a potential violation. Subdivision 2. Remedial and Disciplinary Action. If the investigation determines that the alleged conduct occurred and that the conduct violated this Policy, the City will notify the complainant and perpetrator of the general conclusion(s) of the investigation and take effective remedial action that is designed to end the violation(s). Any employee or officer determined to have violated this Policy will be subject to disciplinary action, up to and including termination. Disciplinary action may also be taken against any official, supervisor or manager who condones or ignores potential violations of this Policy, or who otherwise fails to take appropriate action to enforce this Policy. Any official or contractor found to have violated this Policy will be subject to appropriate sanctions. Subdivision 3. Closure. At the conclusion of the investigation, the Human Resources Manager shall notify the complainant in general terms of the outcome of the investigation. Subdivision 4. Confidentiality: Every possible effort will be made to assure the confidentiality of complaints made under this Policy. Complete confidentiality cannot occur, however, due to the need to fully investigate potential Policy violations and take effective remedial action. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Human Resources Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. Section 6. Subdivision 1. Employees: In order to establish and maintain a professional working environment, while at the same time preventing harassment, discrimination, and retaliation, employees are expected to: a. Set an example of acceptable conduct by not participating in or provoking behavior that violates this Policy. People have different --~'~arato~a -P~rserrngl-Mules-and.-Policies 13 City Council pproved on December 20, 2006 Article III. Policy Against Harassment, Discrimination and Retaliation ethical values and standards and may be offended by behavior someone else thinks is proper. b. Employees should let fellow employees know when their behavior is considered offensive. The City hires people from a wide variety of cultural and ethnic backgrounds, and an individual may not realize behavior he or she thinks is proper could be seen by others as offensive. c. Report harassment, discrimination or retaliation as quickly as possible, whether the employee is the target of the conduct or a witness. d. If an employee witnesses harassment, hetshe should tell the individual being harassed that the City has a policy prohibiting such behavior, and that the individual can demand that the harasser cease the behavior. e. Maintain confidentiality as required by this Policy. f. Fully cooperate with the City's investigation of complaints made under this Policy. Subdivision 2. Managers and Suaervisors: In addition to the responsibilities listed above, managers and supervisors are responsible for the following: a. Implement this Policy by taking all complaints seriously and model behavior that is consistent with this Policy. Direct all complaints to the Human Resources Division. b. Take positive steps to eliminate any form of harassment, discrimination or retaliation observed or brought to his/her attention. c. Refrain from retaliating through any action of intimidation, restraint, coercion or discrimination. d. Monitor the work environment and take appropriate action to stop potential Policy violations. e. Follow up with those who have complained to ensure the behavior complained of has ceased. f. Inform complainants of their option to contact the EEOC or DFEH regarding a potential Policy violation. City of Sarato a -Personnel Rules and Policies 14 - -~ity_~ed_on_Decemher 20,2006 Article IV. Employee Recruitment, Selection and Appointment ARTICLE IV. EMPLOYEE RECRUITMENT. SELECTION AND APPOINTMENT Section 1. Policv It is the policy of the City of Saratoga to recruit and select the most qualified persons for positions in the City's service. Recruitment and selection shall be conducted in a manner in accordance with the City's Hiring Process: Application Review, Interviewing and Selection Guidance, and that will ensure open competition, provide equal employment opportunity, and prohibit discrimination or favoritism on the basis of any of the following protected classifications, including but not limited to, an individual's race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality and bisexuality, pursuant to Government Code section 12926 (q)), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status,. family relationship, pregnancy, age, medical condition, for example, cancer or HIV/AIDS related, genetic characteristics, and physical or mental disability (whether perceived or actual). Section 2. Posting When a request to fill a vacancy has been approved the following procedure shall be followed: Job announcements will be posted in places available to the general public and all City employees. Postings will include pertinent job information, including minimum qualifications and salary range. All postings shall include the essential functions, work environment, physical and cognitive requirements, and selection criteria to be used, including any tests and/or skill assessment. Job announcements shall be posted for not less than five (5) business days for internal recruitments and not less than 10 business days for external recruitments. This period of time may be waived by the City Manager for emergency placements. Section 3. Application Form All applications for employment shall be made on forms prescribed by the Human Resources Division. Section 4. Application Submittal All applications will be submitted to the Human Resources Division. Section 5. Refection of Applicants An applicant may be rejected if he/she applicant: 1. Does not meet the minimum qualifications for the position. 2. Has deliberately falsified an application or resume. (Employees who violate this section shall be subject to disciplinary action, up to and including dismissal). __ Citv of Saratoga -Personnel Rules and Policies 15 City Counci pprove on Decker 20, 2006 Article IV. Employee Recruitment, Selection and Appointment 3. Is unable to perform the essential functions of the position, with or without reasonable accommodations. 4. Has been convicted of a crime that renders him/her unqualified for the position to which helshe has applied. 5. Is under 18 years of age if being considered for Regular Full-time or Part-time employment. 6. Has established an unsatisfactory employment record. 7. Advocates the overthrow of the government of the United States. by force or violence. 8. Submitted an application after an announcement closed or submitted an application for an unannounced position. 9. Submitted an incomplete application and/or failed to provide copies of documents cited in the job announcement prior to a final decision on hiring. 10. Could not submit written documentation in accordance with federal legislation, verifying right to work in the United States of America. Section 6. Application Review and Referral The intent of the application review process is to maximize reliability, objectivity, and validity through a practical and job-related assessment of whether the applicant meets the minimum qualifications required for the position. Subdivision 1. Selection Method. The hiring department, in consultation with the Human Resources Division, shall be responsible for determining valid selection methods to obtain the most qualified candidates for each vacancy. Subdivision 2. Security. Selection material shall be confidential. Every precaution shall be taken by all persons participating in the development and maintenance of selection materials to maintain the highest level of integrity and security. Subdivision 3. Nepotism Prohibited. Any supervisor or manager who is in a position to recommend employment or promotion of a relative (as defined by the City's Employment of Relatives policy, Article XVII of these rules) shall advise histher immediate supervisor, and withdraw from the selection process. Any employee asked to participate in a selection process where a relative (as defined by the City's Employment of Relatives policy, Article XVII of these rules) shall immediately inform the hiring supervisor of their conflict of interest and withdraw from the selection process. Subdivision 4. Preselection Prohibited. No Ciry employee will promise job appointments to any person. All inquiries regarding vacancies should be referred to the Human Resources Division. City of Sarato a -Personnel Rules and Policies 16 ~.ity-Council~gprnved on_-December 20, 2006 Article IV. Employee Recruitment, Selection and Appointment Subdivision 5. Education and Experience Substitutions. All internal and external candidates seeking employment must meet the minimum qualifications outlined in the relevant job announcement. Should a job posting yield an insufficient pool of qualified candidates, the Human Resources Division in collaboration with the hiring departmenUsection will determine whether to re- post the position or review applicant substitutions for education and/or experience. a. Substitution of Experience for Education Unless otherwise specified, One (1) year of relevant experience may be substituted for each year of required education. Relevant experience is experience that has equipped the applicant with the particular knowledge, skills, and abilities to perform successfully the duties of the position and is typically in or related to the work of the position to be filled. (i) For example, if a position requires a Bachelor's degree in Public Administration and an applicant has no college credits, four years of professional-level accounting experience may substitute for a Bachelor's degree. If a position requires a Master's degree and an applicant has neither a Bachelor's degree nor Master's degree, six (6) years of relevant experience may be substituted for the required education. b. Substitution of Education for Experience. Unless otherwise specified, one (1) year of relevant education at the undergraduate level may be substituted for one year of required experience. Relevant education is education that has equipped the applicant with the particular knowledge, skills, and abilities to perform successfully the duties of the position and is typically in or related to the work of the position to be filled. (i) For example, if a position requires two years of experience as an Accounting Technician, 60 credit hours of relevant study toward a Bachelor's degree in Accounting may be substituted for the two year experience requirement. Credit for one year of experience will be given for each year of (18 credit hours) education above the Bachelor degree level. For example, if a position requires six (6) years of experience, a Master's degree may be substituted for the required experience. Relevant courses may be substituted for experience, provided an applicant submits a statement identifying the course for which -_ they wish to be credited. Cif of Sa~rato~a -Personnel Rules and Policies p City' council Approved on l7-ecember 20, 2006 Article IV. Employee Recruitment, Selection and Appointment c. Level of Experience. Only related professional level experience will be credited for professional positions. Professional level experience involves work that is intellectual and varied in nature, requires advanced knowledge and education, and the exercise of discretion and judgment. Non-professional level experience may not be substituted for. the required professional level experience. In certain instances, non- professional experience may be substituted for educational requirements when the applicant pool does not contain applicants who meet the minimum requirements of the position. Supervisory level experience will be credited if the experience involves supervision of one or more full-time positions. Supervisory experience involves work where one has the authority to conduct performance evaluations, approve requests for leave, and make recommendations regarding hiring, termination or other decisions affecting the employment status of others. d. Non-Allowable Substitutions For professions that require a college degree in order to obtain a license or certification to practice within the discipline, experience cannot serve as a substitute for education. Section 7. Interviews. The hiring department/section will arrange interviews and arrange a time and accessible location for the interview to take place. 1. Interviews shall include a weighted scoring mechanism developed to provide a standardized way of rating answers to the interview questions. 2. Applicants shall not be asked about items not relevant to the ability to do the job. 3. Applicants invited for interviews shall be notified that they can request accommodations for a disability for the testing/interview processes and told how to make that request. 4. The following paragraph shall be added to any correspondence scheduling an interview or test: "It is the policy of the Ciry of Saratoga to provide reasonable accommodations for qualified persons with disabilities who are employees or applicants for employment. If you need assistance or accommodation to interview and/or test because of a disability, please contact the Human Resources Division." 5. If interviews are scheduled by telephone, the applicant shall be informed about the availability of reasonable accommodation in the "- interview and/or testing process. City of Sarato a -Personnel Rules and Policies t g -City-Caunsilproved-en-Becern]~er 20, aoo6 Article IV. Employee Recruitment, Selection and Appointment 6. The contact person in Human Resources for the accommodation request should NOT be a member of the search committee or in a decision-making position in the search process. 7. The Human Resources representative shall make a decision regarding the request, and if approved, take the necessary steps to insure the accommodation is provided. tf the request is not approved, the Human Resources representative shall inform the applicant of the reason for denial of the requested accommodation, in writing, within 3 working days of the decision. Information about an applicant's disability is CONFIDENTIAL and may not be shared with search committee members ordecision-makers in the hiring process. 8. The hiring department/section is responsible for contacting employment references or verifying previous employment (may be assisted by the Human Resources Division). Section 8. Emaloyment Testing. The Human Resources Manager (or designee) will review all written, skills and field testing procedures to assure that these tests are valid and conducted in a standardized and impartial manner and are job related. This review shall ensure that these tests can be quantitatively scored prior to being administered. The posted job announcement will indicate that applicant testing will be required, and an invitation to request any reasonable accommodation needed for the test. Section 9. Administrative Hiring Procedures. Subdivision 1. Section/Department: When a section has a staffing requirement, a memorandum is prepared by the hiring Section for Department Director approval and sent to the Human Resources Division. The memo should include essential information, including; 1. Preferred timeline of recruitment. 2. Job title and type of position -regular or temporary. 3. Confirmation that the position is within the current budget. 4. Job description changes, if applicable. 5. Suggestions/Recommendations of where ads are to be published and funding source if advertisement is requested beyond the. local market. 6. Recommendation of potential oral board participants. 7. If the position will require a test to be administered, the requesting Section should specify the types of tests and special instructions needed for the administration of the tests. Subdivision 2. Human Resources Division: 1. If a job description needs to be updated, Human Resources staff will coordinate with the Section Manager/Director to have it updated prior to job posting. _~j f Sara~~o~a_-Personnel Rules and Policies 19 CiTy- Council approve on~December 20, 2006 Article IV. Employee Recruitment, Selection and Appointment 2. 1f a job description has significant changes that increase or decrease job value, a new position evaluation is done. Human Resources will recommend the new position value and salary range. 3. Job advertisements are posted by Human Resources in local newspapers, the City web site, and forwarded to local and national advertising agencies requested by the Section. 4. Human Resources staff responds to requests for additional information from the public regarding job ads. 5. Human Resources staff may screen all applications, including job required credentials such as diplomas, licenses, certifications, etc. 6. Following the closing of the job advertisement, Human Resources staff: a. Reviews applications. b. Rates and selects the top candidates to continue in the process, or forwards applications to Section for the screening, interview and selection process. c. Coordinates special tests such as written exams or other job related assessments. Subdivision 3. Section/Department Section Administrators/Managers and Department Directors are accountable for insuring that any part of the hiring process they choose to do is accomplished following legally prescribed hiring processes. 1. Section Administrators/Managers, in collaboration with Human Resources, will determine the method for screening applications and set the date, location, and time for interviews. 2. The Department or Section completes employment reference checks (may be assisted by the Human Resources Division). 3. Once the selection process is complete, the Department approves and submits the Personnel Action Form (PAF), prepared by Human Resources for the Department, along with the application and all applicant materials, if applicable, to the Human Resources Manager for signature and scheduling of in-processing. 4. Section Administrators/Managers are responsible for providing Human Resources with all documentation, including rating sheets, interview questions asked and weighted answer sheet, test results, etc. Subdivision 4. Human Resources Division: Contacts the Section to set starting date and informs the new employee of date, time and place to report to work. City of Saratoga -Personnel Rules and Policies 20 ~itgCouncil 22006 Article IV. Employee Recruitment, Selection and Appointment 2. Human Resources is responsible for notifying candidates interviewed but not selected following notification that the recommended hire has been approved. 3. Sends out official letter of employment offer. 4. Conducts background check and may assist departments with employment reference checks. 5. Conducts criminal background checks and credit checks as applicable. 6. New employee internal processing, including: a. Completes I-9 procedures. b. Files post-offer testing results (background and employment reference checks, and if applicable, DMV report, credit report, and/or criminal background check) c. Provides new employee orientation and processes enrollment paperwork with third party administrators. Section 10. New Hire Probation New Hire Probation: Prior to the completion of the new hire probation period (12 months), management shall decide whether or not to recommend continued employment. If the decision is to discontinue employment, the incumbent shall be separated. If a decision is made to continue employment, a Personnel Action Form shall be prepared by the Human Resources Division for the hiring section changing the incumbent from probationary status to regular status. Section 11. Immigration Law Compliance In compliance with the Immigration Reform and Control Act of 1986, each new or rehired employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Non-citizen employees, whose work authorization has expired, will not be scheduled to work and will be placed on Leave without Pay. The employee is responsible for obtaining Immigration and Naturalization documents verifying eligibility to work in the United States. Upon receipt of proper immigration documents, the I-9 form will be updated and the employee may be eligible for re- instatement. Section 12. Employee Orientation. New Employee. New employees shall receive new employee orientation upon beginning City service. The purpose of orientation is to ensure maximum understanding of the requirements and conditions under which the individual is expected to function. The Human Resources Division will coordinate orientation for new employees. of Sa~-PersonnelBules~and Policies 21 City Counc~ pprove on Decem er 20, 2006 Article IV. Employee Recruitment, Selection and Appointment 2. Supervisor. Each Department Director will ensure that the section to which the new employee is to be assigned makes provisions for a supervisor to be available for specific orientation of the new employee regarding section functions, responsibilities, and unique requirements of the section. ARTICLE V. EMPLOYEE STATUS Section 1. FLSA-Exempt Emplovee An employee who meets one or more of the duties test exemptions from overtime under the FLSA (e.g. executive, administrative, professional, computer employee) and who is paid on a salary basis, meaning that he or she is compensated in a predetermined amount that is not reduced, regardless of the quality or quantity of work actually performed, except as required by the City's principles of public accountability for partial-day absences. Section 2. FLSA Overtime-Eligible Emplovee An employee who is entitled to FLSA overtime, regardless of whether paid on a salary or hourly basis. Anon- exemptemployee assigned to an FLSA-exempt position on an acting or temporary basis remains overtime-eligible. Section 3. At-Will Emplovee "At-will" refers to any City employee who: (1) does not hold regular status, (2) serves at the pleasure of the City Council or Ciry Manager, or (3) can be terminated at any time without cause and without the opportunity to appeal. Employees who move from a "regular" employment status to an at-will position will be required to sign a notification and acknowledgment of at-will employment as a condition of employment. Section 4. Probationary Emplovee An employee who is serving a probationary period. The probationary period is part of the selection process. Unless otherwise authorized by the City Manager, probation is a twelve (12) month trial period during which a determination is made as to whether or not an employee is suitable for their position. Anew employee serves "at will" and can be dismissed with or without cause by the City for any legal reason during the probationary period. This section does not apply to at-will employee status described in Article V. Employee Status, Section 3. At-Will Employee. Subdivision 1. Length of Probation Unless otherwise specified by memorandum of understanding or these Policies, the probationary period is 12 months of actual and continuous City service. Subdivision 2. Separation Without Cause At any time during the probationary period, the employment relationship may be terminated without cause and without right of appeal, grievance or hearing. The City Manager or City of Sarato a -Personnel Rules and Policies 22 - amity-C~brrHecember 20, 2oob Article V. Employee Status designee must approve the termination. The probationary employee shall be notified prior to the expiration of the probationary period that he or she has been rejected for regular appointment. Subdivision 3. Regular Appointment Requires Passing Probationary Performance Review An employee will receive a regular appointment only when he/she receives a "meets expectations" or above rating on his/her written probationary performance review, resulting in the passing of the probationary period. If the employee does not meet the expectations for the probationary period, he/she will be rejected for regular appointment. Section 5. Regular Employee An employee who: (1) is regularly scheduled to work on a continuing basis, (2) and has completed the probationary period for the position he or she holds, and (3) holds a budgeted position. Section 6. Full-Time Employee An employee who is assigned to work the maximum number of work hours that a particular department or division schedules. Section 7. Part-Time Employee An employee who is assigned to work less than the maximum number of work hours that a particular department or division schedules. Section 8. Temporary. Provisional or Seasonal Employee An employee who is assigned to work on a particular project or for a job of limited or indefinite duration is a temporary, provisional or seasonal employee. A temporary or seasonal employee: (1) does not hold regular status, (2) does not serve a probationary period, (3) can be dismissed at-will from City employment at any time without right of procedural due process, appeal, grievance or hearing, and (4) is not entitled to earn, accrue, or participate in any City employee benefit plans, or paid or unpaid leaves. _~ity~f-Sar ._~~~~_-P_ersonnelBules and Policies 23 City Council .4"pproved on December 20, 2006 Article VI. Employee Benefits ARTICLE VI. EMPLOYEE BENEFITS The City of Saratoga currently offers the benefits listed below. For a detailed description of these benefits, employees should refer to the brochures distributed by the individual plan providers. Section 1. Discretionary Benefits All regular City employees, who are scheduled to work, at least 40 hours per week, are eligible for the following benefits. The City's contribution for regular part-time employees and full-time employees working less than 40 hours per week will be prorated in proportion to the number of hours worked or accrued leave hours paid. Subdivision 1. Health Insurance The City contracts with the California Public Employees Retirement System for the PERS health benefits program which includes Kaiser and Blue Shield Health Management Organizations and preferred provider basic health plans, PERS Choice and PERS Care. Employees may enroll in the plan of their choice; however, some plans require that an employee live within a specific geographic area. The effective date of health coverage is the first day of the month following the employee's date of hire. The health premium is a percentage of the premium paid by the employee. Effective July 1, 2006, the City pays 100% of the premium, unless otherwise negotiated by individual bargaining units. Health in-lieu payments are made to employees who do not elect health insurance. For employees who elect to enroll in the PERS Care plan, the City will contribute the amount equal to the Kaiser, Blue Shield, or PERS Choice plan premium, whichever is greater, dependent on the plan choice (i.e. employee only, employee &1 dependent, or employee & 2+ dependents). If an employee and spouse are both City employees, only one employee is allowed to carry health coverage. One employee may choose to enroll in family coverage and the other employee must waive their health plan coverage and be enrolled as a dependent. The health in-lieu payment is not an option for married couples or domestic partners (pursuant to Family Code sections 297, et seq.) employed with the Agency. Subdivision 2. Dental Insurance The City contracts with Delta Dental, a preferred provider plan, and Delta Care, a management organization plan. The dental premiums-are 100% paid by the City. Dental in-lieu payments are made to employees who do not elect dental insurance coverage. City of Saratoga -Personnel Rules and Policies 24 ---E'' -200©6 Article VI. Employee Benefits The effective date of dental coverage is the first day of the month following the employee date of hire. The dental in-lieu payment is not an option for married couples employed with the City. Subdivision 3. Deferred Compensation (457 Plan) The City provides employees the opportunity to contribute toward an IRS Section 457 deferred compensation plan. Employees may contribute an amount up to a federally mandated maximum per calendar year on a pre-taxed basis. Subdivision 4. Retirement Plan The City is a contracting agency of the California Public Employees Retirement System (PERS). Regular employees become members immediately upon employment and become vested after five (5) years of service. The City pays the employees' required contribution (7% of employee's compensation) in addition to the City's contribution as a contracting employer. The City through its contract with PERS provides for retirement benefits including 2% at 55 (effective September 1, 1999), one year final compensation, service credit at retirement for unused annual leave, 1959 survivor benefits (Level 3) if death occurs prior to retirement and after retirement, continuance of benefits to employee's survivor. This information is outlined in detail in the booklet "PERS Benefits for Local Miscellaneous Members". Subdivision 5. Short Term Disabilitv Insurance The City will pay 75% of an employee's full salary and maintain existing insurance benefits, subject to eligibility requirements, for an employee on a disability leave, for six months from the date of the qualifying injury or illness. Short term disability payments will commence only after 12 continuous working days during which the employee is totally disabled, or when all accrued paid time off is exhausted, whichever is later. Short term disability payments are reported to PERS as salary earned. An employee on disability leave is entitled to accrue paid time off within the six (6) month period after the date of injury or illness and the accrual of paid time off shall be prorated based on the number of hours of paid time off that is being utilized by the employee. Upon exhaustion of all PTO, an employee on short term disability leave shall no longer accrue paid time off. In other words, while an employee is receiving the short-term disability payment of 75% of an employee's full salary, the employee will not accrue paid time off. Subdivision 6. Lona Term Disabilitv Insurance The City provides a long term disability plan to provide an employee with income protection. The City will pay 75% of an employee's full salary and maintain existing employee benefits for the first six (6) months. Following the six (6) months, the group insurance policy will cover 66% of the employee's salary up to a maximum of $2,000 per month. If the disability is job related, the City will maintain existing employee benefits for twelve (12) months. Benefits will be reduced for income - aratega)?grsonnel-Rules-and-Policies 25 Ci~lty C uncil Approved on December 20, zoob Article VI. Employee Benefits received through social security, workers' compensation and/or California State Disability Insurance (SDI). Employee's whose salaries exceed $3,000 monthly are eligible to purchase additional long term disability insurance; however, availability of the plan is subject to the carrier's minimum requirement of ten (10) enrollees. Subdivision 7. Life Insurance and Accidental Death Insurance The City offers basic life and accidental death insurance. Each is covered at $50,000 for non-management employees and 2 times the employee's salary up to a maximum of $150,000 for management employees. If an employee dies. with a qualifying accidental death, the beneficiary would receive both the life coverage and the accidental death coverage. Subdivision 8. Employee Assistance Program Counseling services are available to employees and their immediate family. Programs include personal financial management, stress management; marital and related domestic issues, drug or alcohol dependency, and other personal and work related issues. Subdivision 9. Flexible Medical Spending Plan Under Section 125 of the Internal Revenue Code, the employee may divert, on a pre-tax basis, up to a federally prescribed maximum of salary per year into a Medical Flexible Spending Account for eligible out-of -pocket medical and dental expenses. Subdivision 10. Dependent Care Spending Plan Under Section 125 of the Internal Revenue Code, the employee may divert, on a pre-tax basis, up to a federally prescribed maximum of salary per year into a Dependent Care Flexible Spending Account for eligible out -of pocket dependent care expenses. Subdivision 11. Tuition Reimbursement Regular employees of the City who have been employed continually for at {east three (3) months prior to commencement of an approved or required course are eligible for the Ciry's tuition reimbursement program. If the course(s) taken is/are job related or in the fulfillment of the requirements for a degree or certificate, 100% reimbursement will be afforded for tuition, fees, and books by the City up to a maximum of $1,000 per employee per fiscal year. Job relatedness will be determined by the Department Head and Ciry Manager. If the course(s) islare not specifically job related and not in fulfillment of the requirements for a degree or certificate, reimbursement will be afforded for tuition, fees, and books by the City at 100%, up to a maximum of $500 per employee per fiscal year. City of Sarato a -Personnel Rules and Policies 26 __.. ~it~rnvPr~ nn llvrPmhar 20, 2006 Article VI. Employee Benefits Whether or not the course(s) is/are job related or required for a degree or certificate, reimbursement will be afforded after successful completion of the course(s) requirements. Successful completion is defined as a "C" grade or a "Pass" on a pass-fail system. Subdivision 12. Long Term Care Employees may purchase long term care insurance through a group benefits program administered by PERS. Section 2. Legislated Benefits The following benefits are mandated by law and apply to all City employees: Subdivision 1. Workers' Compensation This insurance, paid by the City, assists employees in the event they become injured on the job or become ill due to their job. Subdivision 2. Unemployment Insurance Compensation The State Unemployment Insurance program, paid by the City, provides employees with an income who become unemployed through no fault of their own. Subdivision 3. Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA) A federal health Insurance law that requires employers to offer employees and their family members continued participation in employer's group health insurance program, at special rates, following a "qualifying event, "including going on unpaid status while on a California Family Rights Act (CFRA) or Family Medical Leave Act (FMLA) leave and termination from employment. Subdivision 4. Health Insurance Portability and Accountability Act HIPPA A federal law that limits the circumstances under which medical coverage may be excluded for pre-existing medical conditions and protects the dissemination of certain health-related information. Section 3. Paid Time Off (PTO) The City provides Paid Time Off (PTO), also referred to as annual leave, benefits to regular full-time employees for the purpose of rest, relaxation, and planned interruptions from the workplace including vacation, illness, caring for children, school activities, medicaVdental appointments, personal business, or emergencies. The City encourages employees to take time off in order to receive the personal replenishment value intended. All use of PTO is to be scheduled in advance and approved by a supervisor except in the case of illness or an emergency. PTO must be taken by exempt employees only in increments of (4) hours or more in a workday (29 CFR 541.710 Employees of Public Agencies). For example, where the employee leaves work for four or more hours early prior to the start of a vacation period. Subdivision 1. Eligibility All regular full-time employees are eligible to take and/or accrue paid time off based on their continuous length of _~ity_o - ~ nel_.Bules~and__P_o.)i~es 27 City Counci pprove on Deceml er 20, 2006 Article VI. Employee Benefits service, measured from the date of hire. Continuous length of service is defined as service that is uninterrupted by termination of employment and subsequent rehire by the City or a break in service that has been bridged. Subdivision 2. Paid Time Off (PTOI Accrual The amount of PTO earned each year is based on the employee's continuous length of service. PTO hours are calculated as earned on a bi-weekly accrual schedule. All PTO hours are based on compensated work hours. Therefore, PTO accruals for regular. part-time employees scheduled to work less than 40 hours per week, shall be prorated accordingly. Employees will not accrue PTO hours while on unpaid status. Subdivision 3. Paid Time Off fPTO) Accrual Schedule for Full- Time Emplovees Years of Service Days Accrued Hours Accrued Maximum Annual Accrual Hours Years 0 thru 5 22 176 600 After 5 ears 27 216 600 After 10 ears 32 256 600 Subdivision 4. Maximum Annual Accrual and PTO Sellback and Optional End of Fiscal Year Pavout There is a cap on the amount of PTO time an employee can accumulate. Employees may carry over up to 600 unused PTO hours from calendar year to calendar year. Any hours in excess of 600 on the books as of December 31 each year will be automatically paid out to the employee at the employee's regular rate of pay, based on length of service at the following rates: Service Len th % Pa out Years 0 thru 5 50% After 5 ears 75% After 10 ears 100% Employees may be paid at the employee's regular rate of pay, at their request, each January for their accrued leave in excess of 160 hours as of December 31, based on length of service at the rates above. Subdivision 5. PTO Upon Termination Upon separation from City service, the City will pay 100% of the employee's accrued paid time off at the employee's regular rate of pay. When an employee voluntarily resigns from employment, no paid time off may be used between the time of the notice of resignation is given and the employee's last day of work unless authorized by the City Manager. City of Sarato a -Personnel Rules and Policies 28 -- amity Geunsif~pgrsued~n IIecetnber 20, 2006 Article VI. Employee Benefits Subdivision 6. Pavout at Retirement Upon retirement from City service, an employee must use at least half of their accrued paid time off for the purpose of obtaining additional service credit under PERS. Employees may choose to use all of his/her accrued paid time off as sick leave for service credit. If an employee chooses to apply less than 100% of his/her paid time off toward PERS service credit, the City will pay 100% of the employee's accrued paid time off at the employee's regular rate of pay. Section 4. Administrative Leave Administrative Leave is compensated time off given to regular, full-time exempt employees of the City. This leave shall be taken in a manner consistent with PTO. Use of administrative leave is a privilege and is provided in recognition that City projects often require employees to devote whatever hours are necessary, irrespective of a regular scheduled workweek, to fulfill the obligations of the job. Employees are granted a specific number of hours per fiscal year, specified in each bargaining agreement. Administrative Leave must be taken by exempt employees only in increments of (4) hours or more in a workday (29 CFR 541.710 Employees of Public Agencies). For example, where the employee leaves work for four or more hours early to take care of personal business. Administrative Leave cannot be carried over from year to year and must be used by June 30"' of the fiscal year. Administrative Leave must be exhausted prior to using PTO. _ Ci of Sarato a =Personnel Rules and Policies Zq rty ounce pprove od-~emlier 20, 2006 Article VII. Performance Evaluations ARTICLE VII. PERFORMANCE EVALUATIONS Section 1. Frequency: Supervisors are authorized to evaluate a subordinate's performance as often as the supervisor deems appropriate, however, employee performance will be evaluated at least one time each year. Section 2. Process: The evaluation of an employee's performance is an ongoing process. Evaluations must be documented in writing. The supervisor(s) will review the evaluation in a private meeting with the employee. The employee shall sign the performance evaluation to acknowledge that the employee is aware of its contents and has discussed the evaluation with his or her supervisor. The employee's signature on the evaluation does not necessarily indicate agreement with its contents. The employee will receive a copy of the evaluation after the meeting with the supervisor(s) and a copy of the evaluation will be placed in the employee's personnel file. Section 3. No Apaeal: An employee does not have the right to appeal any matter relating to a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with. the evaluation in the employee's personnel file. The written statement must be provided to the Human Resources Division within 30 days of the evaluation meeting. City of Saratoga -Personnel Rules and Policies 3p city Eavricit ~ppraved-vn~ec~mber ~0,-2006 Article VIII. Personnel Files and Reference Requests ARTICLE VIII. PERSONNEL FILES AND REFERENCE REQUESTS Section 1. File Maintenance The Human Resources Division maintains a personnel file for each City employee. Personnel files are the property of the City, and access to files is restricted as stated in this section. Section 2. File Content The personnel file contains documents that: 1) relate to employee performance; 2) form the basis for, or reflect decision making about the employee; or 3) assist the City in personnel administration. Section 3. Employee's Responsibility to Notify Citv of Changes Each employee is responsible for promptly notifying the department director of any changes in relevant personal information, including change of name, mailing address, telephone number, emergency contacts, and number and names of dependents. Section 4. Medical Information "Medical information" means any information that identifies the employee and pertains to his or her medical history, mental or physical condition, or treatment. All employee medical information shall be kept in separate, confidential files. Section 5. Access to Personnel Files Subdivision 1. City Employees A City employee may review his or her personnel file at reasonable times and intervals. An employee who wishes to review his or her file must contact the department director(s) or designee or the Human Resources Manager to arrange for an appointment with the Human Resources Division. The review will be conducted in the presence of a department designee. On request, an employee is entitled to receive a copy of any employment-related document he or she has signed. An employee who wishes to obtain a copy of any other personnel file document must pay for copying costs. Subdivision 2. Employee Representatives An employee representative may inspect an employee's personnel file without the employee only if the employee has provided written consent. Subdivision 3. City Management or Confidential Personnel City management personnel may access employee personnel files as needed for legitimate personnel administration purposes. Confidential personnel may access personnel files as required by their job duties. Those who access personnel files as part of their job duties are required to maintain the confidentiality of personnel file information. Subdivision 4. Confidential Material Notwithstanding any of the above, neither an employee nor an employee representative may have access ••~~~a -Percnnnel Rules and P~lcles 31 City ouncil approved on December 20, 2006 Article VIII. Personnel Files and Reference Requests to: (1) documents that pertain to pending investigations regarding the employee's conduct; or (2) references and related information given in confidence as part of the City employment application or promotion. The City will not disclose employee medical information, except to City management personnel with a legitimate personnel need for access, without prior written authorization from the employee, or except as required by law, subpoena, or Court order. Section 6. Destruction of Personnel Records Personnel records, including employment applications, shall be destroyed only in accordance with the City's retention schedule and applicable state and federal law. Section 7. Emplovment Reference Requests All requests for employee references shall be referred to the Human Resources Division. Information will be released as authorized in writing by the employee or former employee. If there is no written authorization, the City will release only the following information: the employee's term of employment, title, and salary upon departure from City employment. City of Sarato a -Personnel Rules and Policies 32 --- 20,-2006 Article IX Transfer, Reinstatement, Resignation and Job Abandonment ARTICLE IX. Section 1. Transfer A transfer is the reassignment of an employee from one position to another, to the same or a different classification that has the same or similar maximum salary range, involves similar duties, and requires substantially similar minimum qualifications. A transfer may be involuntary or voluntary. Subdivision 1. Voluntary Transfer A regular employee with overall "meets expectations" or better rating on their evaluations and no disciplinary actions in the past year may submit a written request to the Human Resources Division to transfer to another position in the same or lower classification for which the employee is qualified. The request will be retained for one year after its receipt. With the approvals of the department director over the current and prospective positions, the employee may be transferred to the new position when the first vacancy becomes available. Subdivision 2. Involuntary Transfer A department director(s) may involuntarily transfer an employee at any time and for any non-disciplinary reason. An employee so transferred has no right of appeal. As an example, an involuntary transfer may occur when the operational needs and demands of one division increase or change, thereby necessitating the transfer in of personnel from another division. Section 2. Reinstatement A regular employee who has resigned, or has otherwise been separated while in good standing, may be considered for reinstatement, upon recommendation of the department director and approval of the City Manager, to a position in the former employee's classification. Reinstatement is at the City's sole discretion. An individual requesting reinstatement will be required to apply, pass a medical and/or psychological examination and any other qualifying tests or procedures as in the case of a new employee. Reinstated employees are paid at the salary range and step held at the time of resignation or separation. A reinstated employee shall serve a probationary period as defined in these Policies. Credit will be granted for prior service for purposes of benefit accrual rates. Section 3. Resignation Resignation is an employee's voluntary separation from City employment. Department director(s) have authority to accept resignations. To resign from City employment in good standing, an employee must inform his or her department director in writing at least two weeks prior to the effective date of resignation. A resignation becomes final and irrevocable at the time the department director accepts the resignation. The Department Director, at the authority of the City Manager, has the discretion to accept a resignation, in writing, which will be effective immediately and allow the employee to resign in good standing. _Cit3r atn~ -PeraonnelRulesandP~licies 33 Crty Cou~~n it t~"pproved on December 20, 2006 Article IX Transfer, Reinstatement, Resignation and Job Abandonment Section 4. Job Abandonment An employee is deemed to have resigned if the employee is absent for five consecutive work days without prior authorization and without notification during the period of the absence. Only regular employees will receive notice of intent to terminate, an opportunity to respond, and final notice of termination for job abandonment. An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee has any right to evidentiary appeal for separation due to job abandonment. City of SaratopQa -Personnel Rules and Policies 34 ---~'#ty-E~~k3:HIE'iYtkgl3leve~ ^t,=a v~ecniv~r 2e~ 2eo6 Article X Layoff ARTICLE X. LAYOFF Section 1. Policy It is the City's intent to avoid employee layoffs whenever possible. When, however, in the City's judgment it is necessary to abolish a position of employment, the employee holding the position may be laid off or demoted without disciplinary action and without the right of appeal. When feasible and practicable, the City will meet with employees of the affected classification in order to determine whether or not a voluntary reduction in hours or other solution may be presented in order to avoid the pending layoff. Section 2. Notice Whenever possible, an employee subject to layoff will be given at least 14 calendar days' notice prior to the effective date of the layoff. Layoff notification will be provided in the form of a "Notice of Layoff." At the time of notice, the employee will also be notified of any displacement rights or rights to reemployment, as described below. Section 3. Order of Layoff Subdivision 1. Employees shall be laid off in the following order: (1) temporary employees, (2) part-time employees, (3) probationary employees, (4) regular employees. All employees shall be laid off in the inverse order of their seniority within their classification. Seniority is determined by length of service. "Length of service" means employment without interruption, including all days of attendance at work and authorized leaves of absence. Length of service does not include unauthorized absences or periods of suspension or layoff. Subdivision 2. In cases where two or more employees in the classification have the same seniority determination, the following procedure will be used: Employees shall be laid off on the basis of the last evaluation rating in the classification, provided that such information has been on file at least 30 days and no more than 12 months prior to lay off. In such a case, employees shall be laid off in the following order: (1) employees with an "unsatisfactory" or "below expectation" or similar performance numerical rating, (2) employees having a "meets expectations" or similar performance numerical rating, (3) employees with an "exceeds expectations or outstanding" or similar performance numerical rating. Section 4. Demotion Upon request of the employee and with approval of the appointing authority, an employee subject to layoff who has not held status in a lower classification may be allowed to demote to a vacant, authorized position in the same department if he/she meets all the requirements of the lower position as determined by the appointing authority. All employees who are demoted under this paragraph will be paid at the rate of pay for the lower position. Section 5. Transfer The appointing authority may transfer an employee subject to layoff to a vacant, authorized position if the employee is qualified and City ouncil pproved~ n Dec~embe 21~ao ocob 35 Article X Layoff capable of performing the essential functions of the position as determined by the appointing authority. An employee who is transferred will be paid at the rate of the position to which he or she is transferred. Any employee, who does not accept a transfer within 5 working days after a Notice of Transfer is given, will have automatically forfeited the ability to transfer. If the transfer involves a change from one department to another, both department directors must consent unless the City Manager orders the transfer for purposes of economy or efficiency. Section 6. Re-employment Regular employees who have received a satisfactory or better evaluation for the 12 months prior to lay off and have completed their probationary period at the time of the lay off, shall be automatically placed on a re-employment list for one year for the classification from which they were laid off. This list will be used when a vacancy arises in the same or a lower class of position. Re-employment shall be based on seniority should more than one person in the same classification be laid off from the same department. Employees who are offered and refuse re-employment will be removed from the re-employment list. Employees re-employed in a lower class, or on a temporary basis, will continue to remain on the list for the higher position for one year. Section 7. Insurance Benefits Ugon Lavoff The City will extend medical insurance benefits for two months to an employee who has been laid off. During this two-month period, the City will continue to pay the previously established contribution for the employee's medical insurance premium. Section 8. Paid Time Off (PTO) Upon separation from the City service, the City agrees to pay 100% of the employee's accrued PTO at the employee's regular rate of pay at the time of separation. City of Saratogga -Personnel Rules and Policies 36 -~}ty Eounctl ~4pRreued~tt-Bec~-tuber 20, 2006 Article XI. Work Week, Hours of Work and Absence Control ARTICLE XI. WORK WEEK. HOURS OF WORK, AND ABSENCE CONTROL Section 1. Work Week Defined Unless otherwise specified in a memorandum of understanding, or as designated in a flexible work schedule, or as designated in a FLSA 29 USC § 207(k) schedule for safety employees, the work week begins at 12:00 a.m. Sunday and ends at 11:59 p.m. Saturday. Subdivision 1. Alternative Work Week A department director has discretion to approve an alternative work week, provided that the alternative work week: 1) totals no more than 40 hours; 2) has a specific starting day and time that is noted in the employee's payroll record; and 3) meets the needs of the public or the department. The City utilizes alternative work schedules for a variety of classifications and positions within the City service. These schedules are outlined in applicable memoranda of understanding, job descriptions and announcements, and contracts. Section 2. Hours of Work All employees are expected to be at their workstations and ready to work at the start of their scheduled work day or shift. Work hours shall be assigned to meet operational needs. The department director may change an employee's work period, week, or hours at any time, unless otherwise specified in an applicable MOU. Each employee is required to accurately note work times and absences on his or her time sheet. Section 3. Absence Control Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited. An employee is required to seek advance permission from his or her supervisor for any foreseeable absence or deviation from regular working hours. Subdivision 1. Employee's Duty to Notify of Late Arrival or Absence An employee who is unexpectedly unable to report for work as scheduled must notify his or her immediate supervisor no later than the scheduled work time and report the expected time or duration of any late arrival or absence. If the employee's immediate supervisor is not .available, the employee must notify the department director(s) or another supervisor. An employee who fails to timely notify the supervisor of absences, or who is not present and ready to work during all scheduled work times will be deemed to have an unauthorized tardiness or absence. Subdivision 2. Excessive Tardiness/ Absenteeism Excessive tardiness occurs when an employee is late to work or returning from breaks more than three times during any 30-day period. Excessive absenteeism occurs when the number of unprotected absences (absences due to other than leaves authorized by state or federal law) exceeds 3 days in any three-month period. __ r-~ Personnel Rn1PS.andPnhcles 37 City Counciproved on December 20, 2006 Article XI. Work Week, Hours of Work and Absence Control Excessive tardiness or absenteeism will be grounds for discipline, up to and including termination. Abuse of, or misrepresentation of any form of accrued or unpaid leave time will be grounds for discipline, up to and including termination. City of Sarato a -Personnel Rules and Policies 3g -~ityConppiroved on-Becember 20 Boob Article XII Compensation and Payroll Practices ARTICLE XII. COMPENSATION AND PAYROLL PRACTICES Section 1. Salarv Upon Appointment Initial appointments are normally paid at the beginning of the salary range for the classification. When, in the discretion of the City Manager, the education, training, or experience of a prospective employee is such that a salary in excess of the beginning of the salary range is justified, the City Manager may authorize a higher salary for the classification. Section 2. Salarv Upon Actinu Assignment (Work out of Classl An employee is entitled to begin receiving acting pay at the salary in the acting classification that is at least 5% higher than the employee's regular classification only after 15 continuous work days in the classification and only if all of the following criteria are met: 1)The department director assigns the employee to work in a permanent position that is vacant,. or whose incumbent is absent; 2)The salary range of the assigned classification is at least 5% higher than the employee's regular classification; and 3)The employee pertorms all of the duties of the higher-paid classification for 15 continuous days. Section 3. Salarv Upon Transfer An employee who is transferred from one position to another in the same classification, or to a position in a different classification, is paid at the same salary. Section 4. Salarv Upon Reclassification Subdivision 1. Reclassification to a Higher Salarv Range When an employee is reclassified to a position within a classification that has a higher salary range than the prior classification, the employee receives pay at the beginning of the new classification's salary range. Subdivision 2. Reclassification to a Lower Salarv Range When an employee is reclassified to a position within a classification that has a lower salary range than the prior classification, the employee receives a Y-rated salary. Y-rating is defined as retaining an employee at his/her current salary until the salary of the lower classification catches up through range adjustments, if that should occur, freezing his/her salary at the Y-rated salary. The purpose of this procedure is to prevent an employee from taking a loss in salary when an involuntary or voluntary reclassification occurs. Section 5. Salarv Upon Promotion An employee who is promoted receives the beginning salary in the promotional classification which is at least 5% higher than the employee's prior salary. Section 6. Salarv Upon Demotion for Cause An employee who is demoted for cause receives the lower salary assigned to the demoted classification that is closest to his or her salary prior to demotion. City of S_ara~toga -Personnel Rules and Policies 39 - City Council t~pprove off- n DecemTier 20, 2006 Article XII Compensation and Payroll Practices Section 7. Salarv Upon Demotion Due to Lavoff An employee demoted pursuant to a layoff receives the lower salary assigned to the demoted classification that is closest to his or her salary prior to layoff. Section 8. Merit Salarv Increase Merit salary increases are granted on an annual basis and are based upon the results of an annual performance evaluation and the annual merit budget appropriation approved by the .City Council. There is no entitlement to a merit increase. Only regular employees are eligible for merit increases. No employee is entitled to receive an increase that exceeds the maximum rate established for his or her classification. If an employee has less than twelve (12) months of Ciry service in his/her classification, he or she will receive apro-rata merit based upon the length of service as of July 1 s~ of that year. Section 9. Pav Ranae Establishment The City of Saratoga classifies all positions according to duties and responsibilities, and a salary range is established for each job classification. Salary ranges are established by the collection of data from the following comparable cities: Los Altos, San Carlos, Los Gatos, Campbell, Menlo Park, Cupertino, and Morgan Hill. The Human Resource Manager analyzes salary survey data in order to establish salary ranges for new job classifications. Section 10. Pav Ranae Adiustments The Ciry conducts salary surveys with its comparable cities listed in the above Section 9. every two years and pay range adjustments are implemented automatically and administratively based on the salary survey results. In the event a salary range is adjusted in order to maintain Saratoga's comparative position, those incumbents that fall below the newly established range will be moved to the beginning of the range. Section 11. Overtime Compensation Subdivision 1. Prior Approval Required Overtime-eligible employees are not permitted to work overtime except as the department director authorizes or directs. No employee may work overtime without receiving the approval of the appropriate supervisor prior to performing the work. Working overtime without advance approval is grounds for discipline, unless the overtime is specifically related to the City Wide emergency preparedness plan. Subdivision 2. "Overtime" Defined Unless otherwise stated in a memorandum of understanding, "overtime" is all hours an overtime-eligible employee actually works over 40 in his or her work week. Overtime is compensated at 1.5 times the Fair Labor Standards Act regular rate of pay. Only actual hours worked shall be counted toward the 40-hour threshold for purposes of calculating FLSA overtime pay. No overtime shall be recorded or reported for less than 8 minutes of work. City of Saratoga -Personnel Rules and Policies 40 -city Cuuncii~Ypprover}-on December 20,-2006 Article XII Compensation and Payroll Practices Section 12. Compensatory Time Off Subdivision 1. Supervisor Approval Required Before Work. An employee may opt to accrue compensatory time-off ("CTO") in lieu of cash payment for overtime worked if his or her supervisor agrees prior to overtime work being performed. Employees must use CTO within 180 days of accrual unless otherwise approved by a department director(s). Subdivision 2. Accrual Rate CTO accrues at the rate of 1.5 hours for each hour worked over 40 hours of actual work in the employee's work week. Subdivision 3. Emplovee Requests to Use CTO The City will grant an employee's request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee makes the request no later than five days prior to the date requested. If the employee does not provide five days' notice, or if the department cannot accommodate the time off, the City will provide the employee the opportunity to cash out the CTO requested at the end of the current pay period. Subdivision 4. City Cash Out The City reserves the right to cash out accumulated CTO at any time. Subdivision 5. Emplovee Cash Out During employment, CTO is cashed out at the employee's current FLSA regular rate of pay (including all FLSA-applicable salary differentials). Employees separating from City service shall be compensated for all accrued, unused compensatory hours at the current FLSA regular rate of pay, or the average regular rate for the prior three years, whichever is higher. Section 13. Prohibited Salary Deductions Subdivision 1. Prohibited Deductions Notwithstanding any other provision in these Policies, the City will not reduce the pay of any FLSA-exempt employee for any disciplinary penalty other than a major safety violation, except when the employee does not work any hours in the employee's work day. Subdivision 2. Complaint Procedure An FLSA-exempt employee who believes his or her salary has been subject to a prohibited deduction should notify the Human Resources Division which will investigate the matter as necessary. _Ci~o_f Saratoga -Personnel Rules and_Policies 41 City" Counc~IAppro~ on~ec~er 20, 2006 Article XIII Leaves of Absence ARTICLE XIII. LEAVES OF ABSENCE Section 1. Holidav Leave Subdivision 1. Holidays Unless otherwise specified in a memorandum of understanding, the following are designated as City holidays: January 1st, New Year's Day The third Monday in January, Martin Luther King, Jr. Day The third Monday in February, President's Day The last Monday in May, Memorial Day July 4th, Independence Day The first Monday in September, Labor Day The second Monday in October, Columbus Day November 11th, Veteran's Day The fourth Thursday in November, Thanksgiving Day The Friday after Thanksgiving Day December 24, Christmas Eve December 25th, Christmas Day December 31, New Years Eve Subdivision 2. If a designated holiday falls on a Sunday, the following Monday will constitute the holiday rather than the day observed. If a designated holiday falls on a Saturday, the preceding Friday will constitute the holiday rather than the day observed. When there are two sequential holidays (Christmas Eve and Christmas Day, New Year's Eve and New Year's Day) falling on weekends, the nearest additional weekdays will also be observed. If a holiday occurs during a period when an employee is taking paid leave, the holiday will not be charged against the employee's accrued leave. To be eligible for holiday pay, an employee must be: 1) on paid status with the City. All regular full-time employees shall receive full day's pay for each holiday. All regular part-time employees shall receive holiday pay on a pro-rata basis. Notwithstanding any of the above, temporary or seasonal employees are not entitled to any holiday time or pay. Subdivision 3. Holidav Furlough A holiday furlough will exist whereby the City operations are closed from December 24 through January 1 of every year. Employees shall utilize their available leave balances (paid time off and/or compensatory time off), if applicable. Employees that utilize unpaid leave due to insufficient leave balances shall maintain regular benefit status. City of Sarato a -Personnel Rules and Policies 42 ~t'aulscil 20~ 2006 Article XIII Leaves of Absence Section 2. Catastrophic Iniurv/Illness Time Bank Catastrophic Iniurv/Illness Time Bank Upon approval of the City Manager or a designated representative, atime bank may be established for the benefit of an employee incapacitated by a catastrophic illness or injury. Employees may donate earned paid time off time on a voluntary basis to another employee subject to the conditions listed below: 1. The employee receiving leave contributions must have exhausted all other leave balances available to him or her including general leave and any accrued compensatory time. 2. State and federal income tax on the value of leave donated shall be paid in accordance with pertinent regulations of the Internal Revenue Service and Franchise Tax Board then in effect. 3. Donated leave time shall be changed to its cash value and then credited to the recipient in equivalent hours at the recipient's straight time hourly rate of pay. 4. Donating employees may not reduce their balance of earned general leave below eighty (80) hours by reason of such donations without the approval of the City Manager or a designated representative. Section 3. Family Care and Medical Leave The City will grant family care and medical leave in accordance with the requirements of applicable state (California Family Rights Act) and federal law (Family and Medical Leave Act) in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in the relevant state or federal law. Subdivision 1. Definitions a. "12-Month Period" means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. b. "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster orstep-child. c. A child is "incapable of self care" if he/she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living-such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. C?ty of Sarat~ea _ Personnel Rt11e~..and Policies 43 Crty Council ~ipproved on December 20, zoo6 Article XIII Leaves of Absence d. "Health Care Provider" means: (i) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; (ii) Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises treatment of a serious health condition; (iii) Podiatrists, dentists,. clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; (iv) Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; (v) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and (vi) Any health care provider from whom an employer or group health plan's Benefits Administrative Officer will accept certification of the existence of a serious health condition to substantiate a claim for benefits. e. "Leave" means leave under this policy as provided for in the FMLA and CFRA. f. "Parent" means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in- law. g. "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. h. "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: (i) Any injury, illness, or impairment that involves inpatient care in a hospital, hospice, or residential medical care facility; City of Sarato~a -Personnel Rules and Policies 44 Gj~~euuctfz~P~v.~.... no~_..,~,o,. ~o, 2eo6 Article XIII Leaves of Absence (ii) A period of incapacity which is permanent or long term, due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider; (iii) Any period of absence to receive multiple treatments (including any period of recovery from there) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment; (iv) Any period of incapacity due to pregnancy or prenatal care; (v) Continuing treatment by a health care provider which includes a period of incapacity for three or more consecutive calendar days, requires two or more treatments (visits) to the health care provider, or requires at least one visit to the health care provider followed by a regimen of continuing treatment under the supervision of the health care provider. A "chronic condition" is a condition which: (i) Requires periodic visits for treatment by a health care provider; (ii) Continues over an extended period of time; or (iii) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Subdivision 2. Emalovee Eligibility To be eligible for family and medical leave benefits, an employee must: a. Have worked for the City for a total of at least 12 months; and b. Have actually worked at least 1,250 hours over the previous 12 months Subdivision 3. Amount of Leave Available Eligible employees may receive up to a total of 12 work weeks of unpaid leave during any 12-month period. The 12-month period begins on the date of the first absence qualifying for leave, and rolls forward from that date. As a result, the amount of leave an _--~ity-0f. a-~ersonnelBules_andPnlicies 45 City Councal Approved on December 20, 2006 Article XIII Leaves of Absence employee is entitled to take depends on how much time the employee has already taken during the 12 months prior to the request. Subdivision 4. Reasons for Leave Leave may only be used for one or more of the following reasons: a. For the birth or placement of a child with the employee for adoption or foster care; b. To care for a spouse or domestic partner (pursuant to Family Code sections 297, et seq.), child, or parent with a serious health condition; c. To care for a newborn child (birth - 12 months of age); or d. When the employee is unable to perform the functions. of his or her position because of a "serious health condition" as defined by this policy. Subdivision 5. Intermittent Leave and Minimum Duration of Leave a. If required by a health care provider, employees may take family and medical leave intermittently (in blocks of time interspersed during work time), or by reducing their normal weekly or daily work schedule. b. Intermittent leave can be taken in no less than one-hour increments and will be counted toward the annual 12 week allotment. If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement. In addition, the basic minimum duration of such leave is two weeks, except that on no more than two occasions, an employee may use this leave for a period of less than two weeks' duration. Subdivision 6. Spouses Both Employed by the Citv The aggregate number of work weeks of leave to which City employees who are .spouses may be entitled for reasons of birth or placement for adoption or foster care is limited to 12 work weeks during the 12-month period defined herein. Subdivision 7. Notice of Need for Leave An employee needing family and medical leave is required to provide: a. 30-day advance notice when the need for the leave is foreseeable (e.g., for childbirth or elective surgery). If an employee fails to give 30 days notice for a foreseeable leave with no reasonable excuse for the delay, the leave may be denied until 30 days after the employee provides notice. b. When the need for leave is unforeseen, an employee must give notice as soon as possible. If the City determines that the employee's Cittyy of Saratogga -Personnel Rules and Policies 46 ~`~ouncit [approved o-n~ecem~er ~~bo6 Article XIII Leaves of Absence notice is inadequate or the employee knew about the need for leave in advance of the time requested, the City may delay the start of the leave until the City can cover the position with a replacement. Subdivision 8. Medical Certification a. Content and Due Date of Certification An employee who requests leave for his or her own serious health condition, or to care for a child, parent or spouse or domestic partner (pursuant to Family Code sections 297, et seq.) who has a serious health condition, must provide the City written certification from the health care provider of the individual requiring care within 15 days after requesting leave. (i) If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. (ii) If the employee requests intermittent leave, or a reduced schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is "medically necessary." "Medically necessary" means that there is a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. b. Second and Third Oainions If the City has reason to doubt the validity of a certification (for example, if the employee is seen engaging in activity contrary to the certification), the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, and paid for by the City. The opinion of the third provider will be binding. c. consequences of Failure to Provide Adeauate or Timelv Certification If the employee provides an incomplete certification, the employee will be given a reasonable time to provide a complete certification. If the employee fails to provide a medical certification within 15 days of the employee's request for leave, the City may delay the start time for taking the leave until the required certification is provided. d. Periodic Re-Certification The City may require the employee to periodically report on his or her status and intent to return to work. An employee who requests an extension of approved leave will be required to provide a new certification. a_-Personnel Rnles and Policies q~ City Council pproved on December 20, 2006 Article XIII Leaves of Absence e. Reinstatement: Fitness for Dutv Certification As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, the employee must obtain and present a fitness-for-duty certification from the health care provider that the employee is able to return to work. Failure to provide such certification will result in denial of reinstatement. Subdivision 9. Use of Accrued Paid Leaves Family and medical leave is unpaid, except that an employee is required to first use any accumulated annual leave, if the leave is for the employee's own serious health condition. The employee may also use annual leave to care for a parent, spouse, domestic partner (pursuant to Family Code sections 297, et seq.), or child with a serious health condition. For any other type of family and medical leave, the employee may use any paid leave time. The paid leave runs concurrently with the family and medical leave. Subdivision 10. a. The City may designate any non-family and medical leave, such as workers' compensation, or annual leave, to run concurrently with family and medical leave whenever the non-family and medical leave is also for a family and medical leave purpose. b. The City integrates family and medical leave with workers' compensation leave whenever an employee is absent from the work place for 30 days or more due to an industrial injury or illness. Subdivision 11. Benefits During Leave a. An employee may receive any group health insurance coverage that was provided before the leave on the same terms as if the employee had continued to work during the leave, up to a maximum of 12 work weeks. b. Employee contributions for group heath insurance coverage, if any, will be required either through payroll deduction or by direct payment to the insurance provider. The method of payment will be established in conjunction with the employee in writing at the beginning of the leave. The amount of an employee's contribution is subject to any changes in rates that occur while the employee is on leave. c. If the City pays the employee's contribution in order to avoid cancellation of coverage, the employee will be required to reimburse the employer on a payroll deduction schedule upon return from leave. The employee will be required to sign a written statement at the beginning of the leave period to authorize the payroll deduction for delinquent payments. City of Sarato(Q~a -Personnel Rules and Policies 48 -Cit3~ Ceunvl~TTI~d exi-Desgml~er~o,-006 Article XIII Leaves of Absence d. If the employee fails to return from unpaid family and medical leave for reasons other than: 1) the continuation of a serious health condition of the employee or his or her covered family member; or 2) circumstances beyond the employee's control, the City may seek reimbursement from the employee for the portion of the premiums the City paid on behalf of the employee during the leave period. Subdivision 12. Disability and Annual Leave Accrual Disability leave and annual leave do not accrue while an employee is on unpaid leave. Subdivision 13. Job Reinstatement An employee will be reinstated to his or her previous position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions if all of the following conditions are met: 1) the employee has been on leave for no more than the maximum family and medical leave period; and 2) the employee provides the Human Resources Division a written certification from a health care provider that the employee is fit for duty. If an employee is returning from family and medical leave taken for his or her own serious health condition, but is unable to pertorm the essential functions of his or her job because of a physical or mental disability, the City will begin an interactive process to determine whether the City can reasonably accommodate the employee without undue hardship (See Reasonable Accommodation Policy -Article ll, Section 2). However, an employee returning from family and medical leave has no greater right to reinstatement, benefits, and other conditions of employment than if he/she had been continuously employed rather than on leave. Subdivision 14. Required Forms Employees must complete the following forms, provided by the City, in order to receive leave under this policy: a. "Request for Family or Medical Leave Form" to be eligible for leave. b. Medical certification-either for the employee's own serious health condition or for the serious health condition of a child, parent, spouse or domestic partner (pursuant to Family Code sections 297, et seq.); c. Authorization for payroll deductions for benefit plan coverage continuation; and d. Fitness-for-duty to return from leave form. C ty C uncilat.~pprove~ on Decem er 20 006 49 Article XIII Leaves of Absence Section 4. Bereavement Leave Subdivision 1. Amount of Leave Pursuant to this policy, an employee is entitled to a paid leave of absence not to exceed five (5) days per calendar year per occurrence. Subdivision 2. Eligibility for Leave An employee is eligible to take bereavement leave in the event of the death of a member of his or her immediate family. "Immediate family" consists of the following: Employee's spouse or domestic partner (pursuant to Family Code sections 297, et seq.), child, stepchild, parent, grandparent, grandchild, brother, sister, mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child. Section 5. Pregnancy Disability Leave An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid pregnancy disability leave for up to four months. Subdivision 1. Notice & Certification Requirements a. Requests for pregnancy disability leave must be submitted in writing and must be approved by the employee's supervisor or department director before the leave begins. The request must be supported by a written certification from the attending physician stating that the employee is unable to work due to a disability due to pregnancy, childbirth or a related medical condition. The certification must state the expected duration of the disability and the expected date of return to work. b. All leaves must be confirmed in writing, have an agreed-upon specific date of return, and be submitted to the department director prior to being taken. Requests for an extension of leave must be submitted in writing to the department director prior to the agreed date of return and must be supported by a written certification of the attending physician that the employee continues to be disabled by pregnancy, childbirth, or a related medical condition. The maximum pregnancy disability leave is four months. Subdivision 2. Compensation During Leave Pregnancy disability leaves are without pay. However, the employee may first use accrued disability leave, annual leave, and then any other accrued paid time off during the leave. Subdivision 3. Benefits During Leave City of Sara~o~a nPe~r~onnen Rnle~and Policies 50 --~' ~e~ 2006 Article XIII Leaves of Absence a. An employee on pregnancy disability leave may receive any group health insurance coverage that was provided before the leave on the same terms as provided to other employees who become disabled off- duty, as if the employee had continued to work, if: 1) the employee is eligible for concurrent family medical leave; and 2) the employee has not already exhausted the 12-week group health insurance coverage benefit in the current family medical leave eligibility period. The City may recover premiums it paid to maintain health coverage, as provided by the family and medical leave laws, if an employee does not return to work following pregnancy disability leave. b. An employee on pregnancy disability leave who is not eligible to receive group health insurance coverage as described above, may receive health insurance coverage in conjunction with COBRA guidelines by making monthly premium payments to the City. c. Disability and Vacation Leave Accrual Annual leave does not accrue while an employee is on unpaid pregnancy disability leave. Subdivision 4. Reinstatement a. Upon the expiration of pregnancy leave and the City's receipt of a written statement from the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position, so long as it was not eliminated for a legitimate business reason during the leave. b. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position. c. If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify potential reasonable accommodations. d. An employee who fails to return to work after the termination of her leave loses her reinstatement rights. Section 6. Military Leave The City provides military leaves of absence to employees who serve in the uniformed services as required by the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301 et. seq. ("USERRA") and applicable state laws. An employee requesting military leave must provide the City of Sar~ato ate-Personnel Rules and Policies 51 C'ty" Council t~pprove3 on~ecem~20, 2006 Article XIII Leaves of Absence department director with a copy of the military orders that specify the dates, site and purpose of the activity or mission. Within the limits of such orders, the department director may determine when leave is to be taken and may modify the employee's work schedule to accommodate the request for leave Section 7. Time Off for Victims of Violent Crimes or Domestic Abuse a. An employee who has been a victim of crime or domestic violence may take time off to: 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults. b. An affected employee must give the City reasonable notice that he or she is required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the employee uses accrued time off. Section 8. Jurv Duty and Court Aoaearances Subdivision 1. Jurv Duty An employee who is summoned to serve on a jury must notify his or her supervisor or department director as soon as possible after receiving notice of both possible and actual jury service in order to receive time off for the period of actual service required on such jury. An employee shall be paid the difference between his or her regular salary and the amount of court pay received, except travel pay, for jury duty. The time spent on jury duty is not work time for purposes of calculating overtime compensation. Subdivision 2. Subaoena An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which he or she perceived or investigated in the course of his or her City job duties will do so without loss of compensation. The time spent will be considered work time. Subdivision 3. Exception for Emolovee-Initiated or Non-Gifu Related Lawsuits An employee subpoenaed to appear in court in a matter unrelated to his or her City job duties or because of civil or administrative proceedings that he or she initiated does not receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use accrued annual leave for time spent related to those proceedings. The time spent in these proceedings is not considered work time. Section 9. Time Off to Vote City of Sarato a -Personnel Rules and Policies g2 ~ityCouncil~pproved arrBecember2o; 2flo6 Article XIII Leaves of Absence If an employee does not have sufficient time outside of working hours to vote at a statewide election, the employee may use up to two hours of work time to vote without a loss of pay. The time off may be either at the beginning or at the end of the employee's work day. Prior approval from the employee's supervisor is required. Section 10. Industrial Iniurv Leave The Ciry will grant industrial injury leave to employees with occupational illnesses or injuries in accordance with state law and/or reasonably accommodate such employees with modified work when appropriate. Subdivision 1. Notice Reauirement Employees must report all on-duty accidents, injuries and illnesses-no matter how small-to their immediate supervisor as soon as possible. Subdivision 2. Compensation Durina Leave Bragg and Associates, the City's Worker's Compensation Administrator, will pay Temporary Total Disability (TTD) directly to the employee. Temporary disability benefits are paid to the employee if the employee's physician certifies that his/her illness or injury causes him/her to lose time from work and suffer a loss of wages. These benefits are not paid the first three (3) days an employee is unable to work unless he/she is hospitalized as an in-patient or are unable to work for more than 14 days. In these instances, even the three-day "waiting period" will be paid. The City will pay, on behalf of the employee, the first three (3) days an employee is unable to work unless the employee qualifies for the paid three-day "waiting period" as explained above. Temporary disability payments are generally two-thirds of an employee's actual wages subject to a minimum and maximum set by the state Legislature. For injuries on of after January 1, 2005, the maximum payment is $840 per week, with a minimum of either $126 per week or actual wages if less. An employee's first check should be mailed within 14 days of disability. These payments will be sent every two weeks until the doctor releases the employee to return to work. Section 11. School-Related Leaves Subdivision 1. Permitted Leave and Notice Reauirement An employee who is a parent, guardian or grandparent with custody of a child in a licensed day care facility, kindergarten or grades 1-12, inclusive, shall be allowed up to forty hours each school year, not to exceed eight hours in any calendar month of the school year, without pay, to participate in activities involving the child at the school or day care facility. An employee utilizing this leave must first __ __ ~itv of Saratoe~.- sonnel Rules and Policies 53 City Council pprove on December 20, 2006 Article XIII Leaves of Absence provide reasonable notice to his or her supervisor or department director about the planned absence. Subdivision 2. Documentation of Visit The City may require the employee to provide documentation from the school as verification that the employee participated in the school activities in question. Subdivision 3. Both Parents Employed by the City If both parents, guardians or grandparents having custody work for the City, of the same work site, only the first person requesting leave under this policy will be permitted the leave. Section 12. Unauthorized Leave When prior authorization is required, an employee who takes leave without prior authorization is subject to discipline, up to and including termination. When prior authorization is not possible due to circumstances beyond the employee's control, the employee is required to contact his or her supervisor as soon as possible after the unauthorized leave has begun, and must then follow the procedures applicable to gaining authorization for the particular leave. Section 13. Unpaid Leave Unpaid leave not otherwise authorized pursuant to any City leave policy may, in certain circumstances, be granted by the City Manager. If granted, the unpaid leave will be only for the period specified by the City Manager. The health and dental benefit premiums may not be paid by the City during the unpaid leave, and an employee on unpaid leave will not accrue annual leave during the leave. ~Ci}ty~oCf Saratoga -Personnel Rules an~d-0Po~locoeGs 54 Article XIV Drug and Alcohol-Free Workplace Policy -- d Policies 55 City Council pproved on December 20, 2006 Article XV Fitness for Duty Examinations ARTICLE XV. FITNESS FOR DUTY EXAMINATIONS Section 1. Conditional Offer of Emoloyment Examinations After a conditional offer of employment has been extended to an applicant, the City may, in compliance with all applicable laws, require the applicant to submit to a fitness for duty examination prior to conferring appointment. Section 2. Current Emoloyee Examinations The Human Resources Manager or a designee may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or her job when: 1) the employee appears to be unable to perform or has difficulty pertorming one or more essential functions of his or her job; and 2) there is reason to question the employee's ability to safely or efficiently complete work duties. Section 3. Role of Health Care Provider A City-selected health care provider will examine the employee at City expense. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the employee's job. The health care provider will examine the employee and provide the City with non-confidential information regarding whether: 1) the employee is fit to perform essential job functions; 2) there are any reasonable accommodations that would enable the employee to perform essential job functions; and 3) the employee's continued employment poses a threat to the health and safety of him or herself or others. Should the health care provider exceed the scope of the City's request and provide confidential health information, the City will return the report to the health care provider and request another report that includes only the non-confidential fitness for duty information that the City has requested. Section 4. Medical Information During the course of a fitness for duty examination, the City will not seek or use information regarding an employee's medical history, diagnoses, or course of treatment without an employee's written authorization. (See form for Authorization for Release of Medical Information) Section 5. Medical Information from the Emplovee's Health Care Provider An employee may submit confidential medical information to the City from his or her personal health care provider. If the employee provides written authorization, the Human Resources Manager will submit the information that the employee provides to the City-paid health care provider who conducted the examination. City of Sarato a -Personnel Rules and Policies 56 C~ . ~,.,,..,,.i ~ „ >e,a ,.,, ~ece^:?oe: =0;006 Article XV Fitness for Duty Examinations The Human Resources Manager will request the City-paid health care provider to determine whether the information alters the original fitness for duty assessment. Section 6. Interactive Process Discussion After receipt of both the health care provider's fitness for duty report, and the analysis of the employee's personal health care information (if any) the Human Resources Manager will arrange for a discussion or discussions, in person or via telephone conference, with the employee and his or her representatives, (if any). The purpose of the discussions will be to fully discuss all feasible reasonable accommodations. During the discussions, the Human Resources Manager will also discuss, if relevant, alternate available jobs for which the employee is qualified, or whether the employee qualifies for disability retirement or family and medical leave. Section 7. Determination After the discussions, the Human Resources Manager will review the information received, and determine if there is a reasonable accommodation that would enable the employee to perform essential job functions, or if the accommodations would pose an undue hardship on City finances or operations. The Human Resources Manager will discuss his/her findings with the City Manager. Together, they will arrive at a determination. The Human Resources Manager will inform the employee of the determination. _ PPrcnnnPl RnlPC and PnlicieS C~ ty C unc~'proved on December 20, 2006 57 Article XVI Workplace Security ARTICLE XVI. WORKPLACE SECURITY Section 1. Policv The City is committed to providing a safe and secure workplace for employees and the public. The City will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy will lead to criminal prosecution, and/or disciplinary action, up to and .including termination. Section 2. Prohibited Behavior a. Employees are prohibited from engaging in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course of City employment. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting. b. Employees engaged in City business are prohibited from carrying self-defense weapons in violation of any law or this policy. Employees who have legal authority to carry aself-defense weapon shall notify the department director in writing of what type of weapon is being carried. Employees who have legal authority to carry self-defense weapons violate this policy if they: accidentally discharge or lose their weapon; use, threaten to use, or display the weapon while engaging in City business; or violate any law related to carrying a legal self- defense weapon while engaged in City business. Section 3. Definitions a. "Weapons" are defined as firearms, chemical sprays, clubs or batons, and knives, and any other device, tool, chemical agent or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm. b. "Workplace Violence" is any conduct that causes an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or property. Specific examples of workplace violence include, but are not limited to, the following: (i) Threats or acts of physical harm directed toward an individual or his/her family, friends, associates, or property. (ii) The destruction of, or threat of destruction to City property or another employee's property. City of Sarato a -Personnel Rules and Policies gg --City ~0;~006 Article XVI Workplace Security (iii) Harassing or threatening phone calls. (iv) Surveillance. (v) Stalking. (vi) Possession of offensive or defensive weapons (firearms, illegal knives, clubs, mace, pepper spray, tear gas, etc.). (vii) Any conduct relating to violence or threats of violence that adversely affects the City's legitimate business interests. Section 4. Incident Reporting Procedures Subdivision 1. An employee must immediately report workplace violence to his/her supervisor or department director. The supervisor or department director will report the matter to the Human Resources Manager. Subdivision 2. The Human Resources Manager, at the authority of the City Manager, will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, action taken, and will provide any other relevant information regarding the incident. Subdivision 3. The Human Resources Manager will take appropriate steps to provide security, such as: 1. Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation; 2. Asking any threatening or potentially violent person to leave the site; and/or 3. Immediately contacting an appropriate law enforcement agency. Section 5. Investigation The Human Resources Manager will see that reported violations of this policy are investigated as necessary. Section 6. Management Responsibilities Each department director has authority to enforce this policy by: _~ercnnnel Rnles andPolicies 59 City Council pproved on December 20, 2006 Article XVI Workplace Security a. Training supervisors and subordinates about their responsibilities under this policy; b. Assuring that reports of workplace violence are documented accurately and timely; c. Notifying the Human Resources Manager andlor law enforcement authorities of any incidents; d. Making all reasonable efforts to maintain a safe and secure workplace;. and e. Maintaining records and follow up actions as to workplace violence reports. Section 7. Follow u and Disci liner Procedures An employee found in violation of this policy will be subject to disciplinary action, up to and including termination of employment. The City may also direct that an employee submit to a fitness for duty examination. In addition, employees found in violation of this policy may be subject to crimina{ prosecution. City of Saratoga -Personnel Rules and Policies 60 - City Eo ber 20, 2006 Article XVII Employment of Relatives ARTICLE XVII. EMPLOYMENT OF RELATIVES Section 1. Definitions The following definitions apply to this Policy: a. "Relative" means spouse, domestic partner (pursuant to Family Code sections 297, et seq.), child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent-in-law, brother- in-law orsister-in-law. b. "Spouse" means two persons who have a valid marriage and who are wife and husband, or two people who are domestic partners, as that term is defined by California law (pursuant to Family Code sections 297, et seq.). c. "Supervisory relationship" means one in which one employee exercises the right to control, direct, reward, or punish another by virtue of the duties and responsibilities assigned to his or her City appointment. d. "Employee" for purposes of this section only, is one who receives a City payroll check for services rendered or who is serving the City in a limited, volunteer or intern capacity. Section 2. Policv as to Relatives A department director has discretion not to appoint, promote or transfer a person to a position within the same department in which the person's relative already holds a position, when such employment would result in any of the following: a. A direct or indirect supervisory relationship; b. The two employees having job duties which require performance of shared duties on the same or related work assignment; c. Both employees having the same immediate supervisor; or d. A potential for creating an adverse impact on supervision, safety, security, morale or efficiency that is greater for relatives than for unrelated persons. Section 3. Subdivision 1. If two City employees who work in the same department become spouses or domestic partners (pursuant to Family Code sections 297, et seq.), the department director has discretion to transfer one of the employees to a similar position in another department. Although the wishes of the employees in question will be given consideration, the department director retains sole discretion to determine which employee is to be transferred based upon City ___ -PPrsnnnel RnlPC and Policies 61 City Council pproved on December 20, 2006 Article XVII Employment of Relatives needs, operations, or efficiency. Notwithstanding any provision in these Policies, any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal. Subdivision 2. If continuing employment of both employees cannot be accommodated in a manner the department director finds to be consistent with the City's interest in the promotion of safety, security, morale, and efficiency, then the department director, with the authorization of the City Manager, retains discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Notwithstanding any provision in these Policies, any such separation is not considered to be disciplinary and is not subject to any grievance or appeal. City of Sarato a -Personnel Rules and Policies 62 --~Ceunsiirevgd~n-Besen}beF-s9,~oo6 Article XVIII Use of City Property and Equipment ARTICLE XVIII. USE OF CITY PROPERTY AND EQUIPMENT Section 1. Policy Subdivision 1. City property is to be used only for conducting Ciry business unless otherwise authorized. City property includes, but is not limited to: telephones, desks, computers (including hardware and software), file cabinets, lockers, communications stored or transmitted on City property (such as a-mails and voice-mails), vehicles, maintenance equipment, and any other City property used by City employees in their work. Employees do not have a reasonable expectation of privacy when using City property or equipment. Subdivision 2. City property may be monitored and searched at any time and for any reason. Messages sent or received on City equipment may be saved and reviewed by others. As a result, City employees have no expectation of privacy in the messages sent or received on City property or equipment. Subdivision 3. Every City employee is required to adhere to all City rules and policies while on City property or using City property or equipment. Section 2. Use of Communications Equipment Subdivision 1. Minimal Personal Use of Communications Equipment Permitted City employees may use City telephones and a-mail for personal use provided that the use: a. is kept to a minimum and limited to break times or non work hours; b. does not have any impact upon other City employees or operations; c. allows the employee to more efficiently perform City work; and d. is not abusive, illegal, or inappropriate. e. does not have any cost impact to the City. Subdivision 2. Inappropriate Use of Communications Eguipme Prohibited The following are examples of inappropriate and prohibited uses the City's communications systems: a. Exposing others, either intentionally or unintentionally, to material which is offensive, obscene or in poor taste; b. Any use that would be offensive to a reasonable person because it involves an individual's race, religion, color, sex, gender identity, sexual orientation (including heterosexuality, homosexuality. and bisexuality, pursuant to Government Code section 12926 (q)), ethnic or national origin, ancestry, citizenship status, uniformed service member status, marital status, family relationship, pregnancy, age, medical condition (cancer or HIV/AIDS related), genetic characteristics, and physical or .mental disability (whether perceived or actual); City of Sar~ato ate-Personnel Rules and Policies 63 City Council Appro~on~ecem~tier 20; 2006 Article XVIII Use of City Property and Equipment c. Communication of confidential City information to unauthorized individuals within or outside the City; d. Sending messages with content that conflicts with any City policies, rules or other applicable laws; e. Unauthorized attempts to access City data or systems; f. Theft or unauthorized copying of electronic files or data; g. Initiating or sustaining chain letters, and h. Intentionally misrepresenting one's identity for improper or illegal acts. Section 3. Vehicle Safety Subdivision 1. The purpose of this section is to ensure the safe operation of City owned vehicles, as well as the operation of personal vehicles while on City business, to ensure the safety of drivers, passengers, and the public, and to minimize losses, damages, and claims against the City. Subdivision 2. Unless the use is required due to an emergency, employees shall refrain from operating telephones unless using ahand-free headset, laptop computers, navigational devices and any other devise that may cause driver distraction while operating a City vehicle or while operating a privately owned vehicle in the course of conducting City business. Drivers shall make every attempt to properly park their vehicle prior to using such devices. -~~ of Saratoga -Personnel Rules and Policies 64 r ~o, Boob Article XIX Outside Employment ARTICLE XIX. OUTSIDE EMPLOYMENT Section 1. Policy An employee shall not engage in any employment which is inconsistent, incompatible, or in conflict with, or inimical to, his or her duties as a City officer or employee, or with the duties, functions, or responsibilities of the City. Employment may include non-compensable activities which violate the terms of the policy. Section 2. Definition of Outside Employment or Activity "Outside employment" is any work performed, on a paid or volunteer basis, by a City employee outside of his or her City employment. Section 3. Prohibited Types of Outside Employment or Activities The City prohibits any outside employment that involves: a. The use of City time, facilities, equipment and supplies, or the badge, uniform, prestige, or influence of his or her City office or employment; b. Involves receipt or acceptance by the officer or employee of any money or other consideration, from any person or entity other than the City, for the performance of an act which the officer or employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her City employment or as a part of his or her duties as an officer or employee; c. Involves the performance of an act, not in his or her capacity as a City officer or employee, which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by the officer or employee or any other officer or employee of the City; d. Involves such time demands as would render performance of his or her duties as a City officer or employee less efficient; e. Any act, whether or not for monetary compensation or other consideration, which is inconsistent, incompatible, in conflict with, or inimical to his or her duties for the City. Section 4. Request to Pursue Outside Employment Subdivision 1. Any employee interested in outside employment shall submit a written application to the City Manager, on a form provided by the Ciry, stating the following: _~itystf ~aratoea -Personnel and Policies 65 City Council Approved on Decem er zo, 2006 Article XIX Outside Employment a. Type or nature of employment; b. Name of prospective employer or organization; c. Location of employment, including physical and mailing address and telephone number; and d. Time period of engagement in the outside employment, including average number of hours per week that will be spent in the outside employment or activity. Subdivision 2. The City Manager's decision will be based on the factors contained in this policy. A notation regarding the City Manager's decision will be placed in the employee's personnel file. The employee's request must be re-submitted when any of the required information changes or when the time period on the application expires. Authorization granted pursuant to this policy is revocable at any time. City of Saratoga -Personnel Rules and Policies 66 £ity~ouneil ,2006 Article XX ,Employee Political Activities ARTICLE XX. EMPLOYEE POLITICAL ACTIVITIES Section 1. Policy The City prohibits: a. Employees and officers from engaging in political activities during work hours. b. Political campaigning in City buildings or on premises adjacent to City buildings; and c. An employee or officer from using his or her office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate. Section 2. Examples of Prohibited Conduct a. Participation in political activities of any kind while in uniform; b. Participation in political activities during working hours; c. Participation in political activities on City worksites; d. Placing or distributing political communications on City property; e. Using equipment to make political communications; f. Soliciting a political contribution from an officer or employee of the City, or from a person on a City employment list, with knowledge that the person from whom the contribution is solicited is a City officer or employee; g. Favoring or discriminating against any employee because of political opinions or affiliations; h. Interfering with any election; or i. Attempting to trade job benefits for votes Section 3. Examples of Permitted Conduct a. Expressing opinions on all political subjects or candidates; b. Becoming a candidate for any Iocai, state, or national election; c. Contributing to political campaigns; d. Joining and participating in the activities of political organizations; e. Requesting, during off-duty time, political contributions, through the mail or other means, from City officers or employees if the solicitation is part of a solicitation made to a significant segment of the public which may include City officers or employees; f. Soliciting or receiving during off-duty time, political contributions from a City employee organization if the funds, when collected, were not earmarked for a clearly identifiable candidate for a federal, state or local office; or g. Soliciting or receiving, during off-duty time, political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay; hours of work, retirement, civil-service, or other working conditions of City officers or employees. ___ - ersonnelRulesantLP~liCies (~ City Council pproved on December 20, 2006 Article XXI Discipline Policy ARTICLE XXI. DISCIPLINE POLICY Unless otherwise specified by a memorandum of understanding, the following constitutes the City's policy regarding disciplinary actions: Section 1. Policy Coverage The following categories of persons can be terminated at-will and have no rights to any of the pre- orpost-disciplinary processes or procedures in this Policy: (1) temporary employees, (2) provisional or seasonal employees, (3) probationary employees, (4) any person who serves pursuant to a contract, and (5) any person who is designated "at-will" in any City policy, document, acknowledgement, resolution or ordinance. Notwithstanding any provision in this policy, any regular employee who is exempt from the overtime provisions of the Fair Labor Standards Act (ELBA) is not subject to any disciplinary penalty which is inconsistent with his or her FLSA overtime-exempt status. Section 2. Causes for Discipline Regular employees may be counseled, admonished, reprimanded, suspended, demoted, discharged or incur a reduction in pay for disciplinary causes including but not limited to: 1. Violation of the City's Employment Standards, Standards of Conduct or any department rule, City policy or City regulation, ordinance or resolution; 2. Absence without authorized leave; 3. Excessive absenteeism and/or tardiness as defined by the employee's department director, these Policies, or Memorandum of Understanding; 4. Use of disability leave in a manner not authorized or provided for pursuant to the disability leave policy or other policies of the City; 5. Purposefully and knowingly making any false statement, omission or misrepresentation of a material fact; 6. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment; 7. Unsatisfactory job performance; 8. Inefficiency; City of Sara o a -Perao~nne~ Ru~lero and l?o~leOGs 68 ,~ Article XXI Discipline Policy 9. Malfeasance or misconduct, which shall be deemed to include, but shall not be limited to the following acts or omissions: a. Conviction of a felony. "Conviction" shall be construed to be a determination of guilt of the accused by a court, including a plea of guilty or nolo contender (no contest), regardless of sentence, grant of probation, or otherwise. b. Damaging City property, equipment, or vehicles, or wasting City supplies through negligence or misconduct. 10. Insubordination; 11. Dishonesty; 12. Theft; 13. Disobedience; 14. Violation of the City's or a department's confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity; 15. Misuse of any City property, including, but not limited to: physical property, tools, equipment, City communication systems, or Intellectual Property; 16. Mishandling of public funds; 17. Falsifying any City record; 18. Discourteous treatment of the public or other employees; 19. Failure to cooperate with employee's supervisors or fellow employees; 20. Violation of the City's Drug-Free Workplace Policy; 21. Violation of the City's Use of City Property and Equipment Policy; 22. Violation of the City's Policy Against Harassment, Discrimination and Retaliation; 23. Violation of the City's Workplace Security Policy; 24. Unapproved outside employment or activity that violates the City's Outside Employment policy, or other enterprise that constitutes a conflict of interest with service to the City; ___ _-~iY3' of a -Percnnnel RnlPS andP__plicies 69 City Coun~a cil Approved on December 20, 2006 Article XXI Discipline Policy 25. Any conduct that impairs disrupts or causes discredit to the City, the employee's City employment, to the public service, or other employee's employment; 26. Failure to comply with OSHA Safety Standards and City safety policies; 27. Failure to report to his or her supervisor any contact with criminal authorities (such as police) which may affect employment with the Ciry; 28. Altering, falsifying, and tampering with time records, or recording time on another employee's time record; or 29. Working overtime without prior authorization. Section 3. Administrative Discialinarv Leave A department director may place an employee on an administrative disciplinary leave with pay pending a potential disciplinary action. Administrative disciplinary leave with pay is authorized: (1) when the department director believes that the employee's continued presence at the work site could have detrimental consequences for City operations, or (2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action may be taken in accordance with these procedures. Section 4. Tvpes of Discialine Subdivision 1. Counseling Memo A counseling memo shall be retained in the employee's personnel file, and may not be appealed under this policy. Subdivision 2. Oral Admonishment or Reprimand An oral admonishment or reprimand shall be memorialized in writing, become part of the employee's personnel file, and may not be appealed under this policy. Subdivision 3. Written Admonishment or Reprimand A department director may reprimand an employee by furnishing him/her with a written statement of the specific reasons for reprimand. A copy of the reprimand will be retained in the employee's personnel file, and may not be appealed. The employee has the right to have a written rebuttal attached to the reprimand in the employee's personnel file. Subdivision 4. Suspension A department director may suspend an employee from his or her position for cause. Documents related to a City of Sarato a -Personnel Rules and Policies ~p amity-Cauneil~pgreved-en~eeenber 20, 2006 Article XXI Discipline Policy suspension shall become part of the employee's personnel file. An employee subject to suspension will receive prior written notice and appeal as provided herein. FLSA-exempt employees are not subject to suspension except in work day or work week increments or for violations of major safety rules. Subdivision 5. Demotion A department director may demote an employee from his or her position for cause. Documents related to a demotion shall become part of the employee's personnel file. An employee subject to demotion shall be entitled to the prior written notice and appeal as provided herein. Subdivision 6. Reduction in Pav A department director may reduce an employee's pay for cause. A reduction in pay for disciplinary purposes may take one of two forms: (1) a decrease in salary to a lower step within the salary range, or (2) a decrease in salary paid to an employee for a fixed period of time. Documents related to a reduction in pay shall. become part of the employee's personnel file. An employee subject to a reduction in pay shall be entitled to prior written notice and appeal as provided herein. FLSA-exempt employees are not subject to reduction in pay. Subdivision 7. Discharge A department director. may discharge an employee from his or her position for cause. Documents related to discharge shall become a part of an employee's personnel file. A discharged employee is entitled to prior written notice and appeal based upon the terms described herein. Section 5. Skelly Process -Pre-Disciplinary Procedure for Suspension. Demotion, Reduction in Pav. or Discharge Only regular, for-cause employees have the right to the conference and appeal processes outlined in this Section. Subdivision 1. Notice of Intent to Discipline The employee will be provided a written notice of intent to discipline, copied to the City Manager that contains the following: a. The level of discipline intended to be imposed; b. The specific charges upon which the intended discipline is based; A summary of the misconduct upon which the charges are based; d. A copy of all written materials, reports, or documents upon which the intended discipline is based; _CitXof Saratoea -Personnel Rules and Policies City Counci pprove on ecem er zo, 2006 71 Article XXI Discipline Policy e. Notice of the employee's right to respond to the department director regarding the charges within 5 calendar days from the date of the Notice, either by requesting an informal conference, or by providing a written response, or both; f. Notice of the employee's right to have a representative of his or her. choice at the informal conference, should he or she choose to respond orally; and g. Notice that the failure to respond at the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline. Subdivision 2. Employee's Resaonse and the Skelly Conference a. If the employee requests an informal conference to respond orally to the charge(s), the conference must be scheduled at least 7 calendar days after the date of the Notice. The conference will be an informal meeting with the department director, at which the employee has an opportunity to rebut the charges against him or her and present any mitigating circumstances. The department director will consider the employee's presentation before recommending any final disciplinary action. b. The employee's failure to make an oral response at the arranged conference time, or the employee's failure to cause his or her written response to be delivered by the date and time specified in the notice, constitutes a waiver of the employee's right to respond prior to the imposition of the discipline. In that case, the proposed disciplinary action will be imposed on the date specified. Subdivision 3. Final Notice of Discipline a. After considering the employee's response, or after the expiration of the employee's time to respond to the Notice of Intent, the department director shall: (1) dismiss the notice of intent and take no disciplinary action against the employee, or (2) modify the intended disciplinary action, or (3) impose the intended disciplinary action. In any event, the department director shall prepare and provide the employee with a notice, copied to the City Manager that contains the following: b. The level of discipline, if any, to be imposed and the effective date of the discipline; c. The specific charges upon which the discipline is based; City of Sarato a -Personnel Rules and Policies 72 -~ityCeuneil~ipprevea ~~~e~,,Der~o,~o06 Article XXI Discipline Policy d. A summary of the misconduct upon which the charges are based; e. A copy of all written materials, reports, or documents upon which the discipline is based; and f. A statement of the nature of the employee's right to appeal. Section 6. Evidentiary Appeal to the Citv Manaaer Subdivision 1. Request for Appeal Hearina A regular, for-cause employee may appeal from a final notice of discipline in the form of suspension, demotion, reduction in pay, or termination by delivering a written answer to the charges and a request for appeal to the City Manager or designee. The written answer and request for appeal must be received no later than 10 calendar days from the date of the department director's decision. Subdivision 2. Deleaation The City Manager or designee reserves the right to delegate his or her authority to decide the appeal to an outside hearing officer to be chosen by the City Manager or designee. Subdivision 3. Date and Time of the Appeal Hearina The City Manager will set a date for an appeal hearing within a reasonable time after receipt of a timely written answer and request for appeal. An employee who, having filed a timely written answer and request for appeal, has been notified of the time and place of the appeal hearing, and who fails to appear personally at the hearing, may be deemed to have abandoned his or her appeal. In such a case, the City Manager may dismiss the appeal. Subdivision 4. Identification of Issues. Witnesses and Evidence No later than 10 days prior to the appeal hearing, each party will provide each other and the City Manager a statement of the issues to be decided, a list of all witnesses to be called (except rebuttal witnesses), a brief summary of the subject matter of the testimony of each witness, and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee shall use alphabet letters. Neither party will be permitted to call any witness during the hearing that has not been identified pursuant to this section, nor use any exhibit not provided pursuant to this section, unless that party can show that they could not have reasonably anticipated the need for the witness or exhibit. The City Manager will state at the beginning of the hearing his or her decision as to the precise issue(s) to be decided. Subdivision 5. Conduct of the Appeal Hearina a. Subpoenas The City Council has authority, and may delegate the authority to the City Clerk, to issue subpoenas in the name of the City prior to the commencement of the hearing. Each party is responsible for C_i3y of - •sonnel Rules and Policies 73 City Counci pprove on December 20, 2006 Article XXI Discipline Policy serving hisJher/its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non- working hours will be compensated for the time they actually testify unless the City agrees to a different arrangement. b. Continuances The City Manager may continue a scheduled hearing only upon good cause shown. c. Record of the Proceedings All disciplinary hearings may, at the discretion of the parties, be either recorded by a court reporter or tape recorded d. The City Manager's Authority During the Hearing The City Manager has the authority to control the conduct of the hearing and to affirm, modify, or revoke the discipline. e. Conduct of the Hearing (i) The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner the City Manager decides is the most conducive to determining the truth. (ii) Any relevant evidence may be admitted if it is the type of evidence upon which responsible persons are accustomed to rely upon in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper the admission of such evidence over objection in civil actions. (iii) Hearsay evidence may be used for the .purpose of supplementing or explaining any direct evidence, but over timely objection shall not be sufficient in itself to support a finding, unless such evidence would be admissible over objection in civil actions. An objection is timely if made before submission of the case. (iv) All privileges recognized in civil proceedings apply. (v) Irrelevant and unduly repetitious evidence may be excluded. (vi) The City Manager shall determine relevancy, weight and credibility of testimony and evidence. (vii) During the examination of a witness, ail other witnesses, except the parties, shall be excluded from the hearing upon the request of either party. __ City of Sarato a -Personnel Rules and Policies 74 -City Ceun ~en-~r~ ~eve~en-Heeernl~er~, 2eo6 Article XXI Discipline Policy (viii) All witnesses shall be sworn in for the record prior to testifying at the hearing. The City Manager or the court reporter shall request each witness to raise his or her right hand and respond to the following: "Do you swear that the testimony that you are about to give at this hearing is the truth, the whole truth, and nothing but the truth?" f. Burden of Proof at the Hearing The City has the burden of proof by a preponderance of the evidence. g. Right to Due Process The employee shall have the following due process rights during the hearing: (i) The right to be represented by legal counsel or another chosen representative, at his or her own expense; (ii) The right to call and examine witnesses on his or her behalf; (iii) The right to introduce evidence; (iv) The right to cross-examine opposing witnesses on any matter relevant to the issues; (v) The right to impeach any witness regardless of which party first called him or her to testify; and (vi) The right to rebut evidence against him or her. h. Hearing to be Closed to the Public The hearing will be closed to the public unless the employee requests that it be open. i. Presentation of the Case The parties will address their remarks, evidence, and objections to the City Manager. All parties and their counsel or representatives shall not disparage the intelligence, morals, or ethics of their adversaries or of the City Manager. The City Manager may terminate argument at any time and issue a ruling regarding an objection or any other matter. The City Manager may alter the order of witnesses, limit redundant or irrelevant testimony, or directly question the witness. The hearing shall proceed in the following order unless the City Manager directs otherwise: (i) The City shall be permitted to make an opening statement. (ii) The employee shall be permitted to make an opening statement. (iii) The City shall produce its evidence. ~o~ -P r n 1 Rulesand ~lcies ~g City Coun~a cil rspprove on tJecem er 20, 2006 Article XXI Discipline Policy (iv) The employee shall produce his or her evidence. (v) The City, followed by the employee, may offer rebuttal evidence. (vi) Closing arguments of no more than 20 minutes shall be permitted at the discretion of the City Manager. The City shall have the right to argue first, the employee may argue second, and the City may reserve a portion of its argument time for rebuttal. j. Written Briefs by the Parties The City Manager or the parties may request the submission of written briefs. The City Manager will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs. Subdivision 5. Written Findings and Decision The City Manager shall render a statement of written findings and decision within 30 days after the hearing has been completed and the briefs, if any, have been submitted. The City Manager's decision is final. Subdivision 6. Proof of Service of the Written Findings and Decision The City Manager shall send his or her final statement of written findings and decision, along with a proof of service of mailing, to each of the parties and to each of the parties' representatives. A copy shall also be distributed to the Human Resources Manager. Subdivision 7. Statute of Limitations The City Manager's written findings and decision is final. There is no process for reconsideration. Pursuant to Code of Civil Procedure section 1094.6, the parties have 90 days from the date of the proof of service of mailing of the written findings and decision to appeal the decision to the Superior Court in and for the County of Santa Clara. City of Saratoga -Personnel Rules and Policies 76 ~ityCoun~it~igproved-oir Be~m~c~2o; 2006 Article XXII Grievance Policy __~itys~4~aratoga -Person 1 s and Policies ~~ City Council Approved on Decem er 20, 2006 Article XXIII Employer-Employee Relations Policy ARTICLE XXIII. EMPLOYER-EMPLOYEE RELATIONS POLICY SECTION 1. POLICY Subdivision 1 Statement of Purpose This Policy implements Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500 et seq.) captioned "Local Public Employee Organizations," by providing orderly procedures for the administration of employer-employee relations between the City and its employee organizations. However, nothing contained herein shall be deemed to supersede the provisions of state or City law which establish and regulate City employment, or which provide for other methods of administering employer-employee relations. This Policy is intended, instead, to strengthen the merit system and other methods of administering employer- employee relations through the establishment of uniform and orderly methods of communications between employees, employee organizations and the City. It is the purpose of this Policy to provide procedures for meeting and conferring in good faith with Exclusively Recognized Employee. Organizations regarding matters that directly and significantly affect and primarily involve the wages, hours and other terms and conditions of employment of employees in appropriate units and that are not preempted by federal or state law. However, nothing herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of general legislative or managerial policy, which include among others: The exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other lawful reasons; determine the content of job classifications; subcontract work; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. SECTION 2. DEFINITIONS As used in this Policy, the following terms shall have the meanings indicated: a. "Appropriate unit" means a unit of employee classes or positions, established pursuant to Section 3. b. "City" means the City of Saratoga, and, where appropriate herein, refers to the City Council or any duly authorized City representative as herein defined. City of Sarato a -Personnel Rules and Policies 78 -City~ouncrt~ppraved-on-Beeember 2o~ao6 Article XXIII Employer-Employee Relations Policy c. "Confidential Employee" means an employee who, in the course of his or her duties, has access to confidential information relating to the City's administration of employer-employee relations. d. "ConsulUConsultation in Good Faith" means to communicate orally or in writing with all exclusively recognized employee organizations for the purpose of presenting and obtaining views or advising of proposed actions in a good faith effort to reach a consensus; and, as distinguished from meeting and conferring in good faith regarding matters within the required scope of such meet and confer process, does not involve an exchange of proposals and counterproposals with an exclusively recognized employee organization in an endeavor to reach agreement in the form of a Memorandum of Understanding, nor is it subject to the impasse procedures in Section 5. e. "Day" means calendar day unless expressly stated otherwise. f. "City Manager" specific to the employer-employee relations policy means the City Manager or his/her duly authorized representative. g. "Employee Organization" means either of the following: (1) Any organization that includes Ciry employees and that has as one of its primary purposes representing those employees in their relations with the City, or (2) any organization authorizes to represent City employees in their relations with the City. h. "Exclusively Recognized Employee Organization" means an employee organization which has been formally acknowledged by the City as the sole employee organization representing the employees in an appropriate representation unit pursuant to Article II hereof, having the exclusive right to meet and confer in good faith concerning statutorily required subjects pertaining to unit employees, and thereby assuming the corresponding obligation of fairly representing such employees. i "Impasse" means that the representatives of the City and an Exclusively Recognized Employee Organization have reached a point in their meeting and conferring in good faith where their differences on matters to be included in a Memorandum of Understanding, and concerning which they are required to meet and confer, remain so substantial and prolonged that further meeting and conferring would be futile. j. "Director Employee" means an employee having responsibility for formulating, administering or managing the implementation of City policies and programs. k. "Proof of Employee Support" means (1) an authorization card recently signed and personally dated by an employee, or (2) a verified authorization petition or petitions recently signed and personally dated by an employee, or (3) employee dues deduction authorization, using the payroll register for the period immediately prior to the date a petition is filed hereunder, except that dues deduction authorizations for more than one employee organization for the account of any one employee shall not be considered as proof of employee support for any employee organization. The only authorization which shall be considered as proof of employee support hereunder shall be the Ci of Sarat_o_ ate-Personnel Rules and Policies 79 rty ouncil ~ipprove on ecem er 20, 2006 Article XXIII Employer-Employee Relations Policy authorization last signed by an employee. The words "recently signed" shall mean within ninety (90) days prior to the filing of a petition. I. "Supervisory Employee" means any employee having authority, as authorized by the City Manager, in the interest of the City, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. SECTION 3. Representation Proceedings Subdivision 1 Filing of Recognition Petition by Emplovee Organization An employee organization which seeks to be formally acknowledged as an Exclusively Recognized Employee Organization representing the employees in an appropriate unit shall file a petition with the City Manager containing the following information and documentation: 1. Name and address of the employee organization; 2. Names and titles of its officers; 3. Names of employee organization representatives who are authorized to speak on behalf of the organization; 4. A statement that the employee organization has, as one of its primary purposes, the responsibility of representing employees in their employment relations with the City; 5. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization; 6. Certified copies of the employee organization's constitution and bylaws; 7. A designation of those persons, not exceeding two in number, and their addresses, to whom notice sent by regular United States mail will be deemed sufficient notice to the employee organization for any purpose; 8. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, sexual orientation, mental or physical disability or medical condition; City of Sarato a -Personnel Rules and Policies 80 - y... ouv=,-v2ce~iivcr 20~-'2006 Article XXIII Employer-Employee Relations Policy 9. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein; 10. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the City. Such written proof shall be submitted for confirmation to the City Manager or to a mutually agreed upon disinterested third party; and 11. A request that the City Manager formally acknowledge the petitioner as the Exclusively Recognized Employee Organization representing the employees in the unit claimed to be appropriate for the purpose of meeting and conferring in good faith. 12. The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. Subdivision 2 Citv Response to Recognition Petition Upon receipt of the Petition, the City Manager shall determine whether: There has been compliance with the requirements of the Recognition Petition, and 2. The proposed representation unit is an appropriate unit in accordance with, Section 3 Subdivision 7 of this Article. a. If an affirmative determination is made by the City Manager on the foregoing two matters, he/she shall so inform the petitioning employee organization, shall give written notice of such request for recognition to the employees in the unit and shall take no action on said request for thirty (30) days thereafter. b. If either of the foregoing matters are not affirmatively determined, the City Manager shall offer to consult thereon with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons therefore in writing. City Council pproved on December 20 006 81 Article XXIII Employer-Employee Relations Policy (i). The petitioning employee organization may appeal such determination in accordance with Section 3, Subd, 10 of this Policy. Subdivision 3 Oaen Period for Challenging Petition 1. Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the exclusively recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the proposed unit of at least thirty percent (30%) and otherwise in the same form and manner as set forth in Section 3, Subdivision,l. a. If such challenging petition seeks establishment of an overlapping unit, the City. Manager shall call for a hearing on such overlapping petitions for the purpose of ascertaining the more appropriate unit, at which time the petitioning employee organizations shall be heard. b. Thereafter, the City Manager shall determine the appropriate unit or units in accordance with the standards in Section 3, Subdivision, 7. c. The petitioning employee organizations shall have fifteen (15) days from the date notice of such unit determination is communicated to them by the City Manager to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 3 Subdivision , 10 Subdivision 4 Granting Recognition without an Election 1. If the proof of support shows that a majority of the employees in the appropriate unit have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the City Manager shall request the California State Mediation and Conciliation Service, or another agreed upon neutral third parry, to review the count, form, accuracy and propriety of the proof of support. 2. If the neutral third party makes an affirmative determination, the City Manager shall formally acknowledge the petitioning employee C~~~o~ncito a -Personnel Rules and Poli o5 g2 Article XXIII Employer-Employee Relations Policy organization as the Exclusively Recognized Employee Organization for the designated unit. Subdivision 5 Election Procedure The City Manager shall arrange for a secret ballot election to be conducted by a party agreed to by the City Manager and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Policy. 2. All employee organizations who have duly submitted petitions which have been determined to be in conformance with the requirements of this Section 3 shall be included on the ballot. The ballot shall also reserve to employees the choice of representing themselves individually in their employment relations with the City. b. Employees entitled to vote in such election shall be those persons employed in regular positions within the designated appropriate unit who were employed during the pay period immediately prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the City in the same unit on the date of the election. 3. An employee organization shall be formally acknowledged as the Exclusively Recognized Employee Organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. a. In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, arun-off election shall be conducted between the two choices receiving the largest number of valid votes cast; the rules governing an initial election being applicable to a run-off election. 4. There shall be no more than one valid election under this Policy pursuant to any petition in a 12-month period affecting the same unit. _City~f_Saratoea -Personnel Rules nd Policies gg City Counci pprove on Decem er 20, 2006 Article XXIII Employer-Employee Relations Policy 5. In the event that the parties are unable to agree on a third parry to conduct an election, the election shall be conducted by the California State Mediation and Conciliation Service. a. Costs of conducting elections shall be borne in equal shares by the City and by each employee organization appearing on the ballot. Subdivision 6 Procedure for Decertification of Exclusively Recognized Emalovee Oraanization A Decertification Petition alleging that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in an established appropriate unit may be filed with the City Manager only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days prior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later. 2. A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and shall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury to be true, correct and complete: a. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information. b. The name of the established appropriate unit and of the incumbent Exclusively Recognized Employee Organization sought to be decertified as a representative of that unit. c. An allegation that the incumbent Exclusively Recognized Employee Organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto d. Proof of employee support that at least thirty (30%) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Exclusively Recognized Employee Organization. City of Sarato a -Personnel Rules and Policies 84 _CiLy rniinrit ~proyerl nn i~Pramhvr2o,2pp6 Article XXIII Employer-Employee Relations Policy (i). Such proof shall be submitted for confirmation to the City Manager or to a mutually agreed upon disinterested third party within the time limits specified in the first paragraph of Section 3 of this Article. 3. An employee organization may, in satisfaction of the Decertification Petition requirements hereunder, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty percent (30%), that includes the allegation and information required under paragraph 2 (d) of this Section, and otherwise conforms to the requirements of Section 3, Subdivision 1. a. The City Manager shall initially determine whether the Petition has been filed in compliance with the applicable provisions of this Section. (i) If his/her determination is in the negative, he/she shall offer to consult thereon with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons therefore in writing. The petitioning employees or employee organization may appeal such determination in accordance with Section 3 Subdivision 10. (ii) If the determination of the City Manager is in the affirmative, or if his/her negative determination is reversed on appeal, he/she shall give written notice of such Decertification or Recognition Petition to the incumbent Exclusively Recognized Employee Organization and to unit employees. b. The City Manager shall thereupon arrange for a secret ballot election to be held on or about fifteen (15) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election shall be conducted in conformance with Section 3 Subdivision 5. c. During the "open period" specified in the first paragraph of this Section, the City Manager may on his/her own motion, when he/she has reason to believe that a majority of unit employees no longer wish to be represented by the incumbent Exclusively Recognized Employee Organization, give notice to that organization and all unit City of Saratoga -Personnel Rules and Policies gg Criy~rT~pprovea-on e~~er 20; 2006 Article XXIII Employer-Employee Relations Policy employees that he/she will arrange for an election to determine that issue. (i) In such event any other employee organization may within fifteen (15) days of such notice file a Recognition Petition in accordance with this Section, the City Manager shall act on in accordance with the requirements of Section 3 of this Article. 4. If, pursuant to this Section a different employee organization is formally acknowledged as the Exclusively Recognized Employee Organization, such organization shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term. Subdivision 7 Policy and Standards for Determination of Appropriate Units The policy objectives in determining the appropriateness of units shall be the effect of a proposed unit on the efficient operations of the City and its compatibility with the primary responsibility of the City and its employees to effectively and economically serve the public, and providing employees with effective representation based on recognized community of interest considerations. a. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered shall be: (i) Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions. (ii) History of representation in the City and similar employment; except however, that no unit shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized. (iii) Consistency with the organizational patterns of the City. (iv) Effect of differing legally mandated impasse resolution procedures. (v) Number of employees and classifications, and the effect on the administration of employer-employee. relations created by the __ _ __ fragmentation of classifications and proliferation of units. City of Sarato a -Personnel Rules and Policies 86 -amity-~o~oved-o~-Bec~h€r~o, zoo6 Article XXIII Employer-Employee Relations Policy (vi) Effect on the classification structure and impact on the stability of the employer-employee relationship of dividing a single or related classifications among two or more units. b. The City Manager shall, after notice to and consultation with affected employee organizations, allocate new classifications or positions, delete eliminated classifications or positions, and retain, reallocate or delete modified classifications or positions from units in accordance with the provisions of this Section. The decision of the City Manager shall be final. Subdivision 8 1. Requests by employee organizations for modifications of established appropriate units may be considered by the City Manager only during the period specified in Section 3 Subdivision 6. Such requests shall be submitted in the form of a Recognition Petition and, in addition to the requirements set forth in Section 3 Subdivision 1, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 3 Subdivision 7 hereof. The City Manager shall process such petitions as other Recognition Petitions under Section 3 Subdivision 1. 2. The City Manager may by his/her own motion propose that an established unit be modified. a. The City Manager shall give written notice of the proposed modification(s) to any affected employee organization and shall hold a meeting concerning the proposed modification(s), at which time all affected employee organizations shall be heard. b. Thereafter the City Manager shall determine the composition of the appropriate unit or units in accordance with Section 3 Subdivision 7 and shall give written notice of such determination to the affected employee organizations. c. The City Manager's determination may be appealed as provided in Section 3 Subdivision 10. d. If a unit is modified pursuant to the motion of the Human Resources Manager hereunder, employee organizations may thereafter file Recognition Petitions seeking to become the Exclusively City of Sarato a -Personnel Rules and Policies g~ C"ty~ciT pprove on ecem er 20, 2006 Article XXIII Employer-Employee Relations Policy Subdivision 1 Sub Employee Organizations an Exclusively Recognized its Recognition Petition ur submitted in writing to th change. nission of Current Information by Recognized All changes in the information filed with the City by Employee Organization under items 1. through 12. of der Section 3 Subdivision 1 of this Policy shall be :City Manager within fourteen (14) days of such Subdivision 2 Employee Organization Activities - Use of Citv Resources Access to City work locations and the use of City paid time, facilities, equipment and other resources by employee organizations and those representing them shall be authorized only to the extent provided for in Memoranda of Understanding and/or administrative procedures, shall be limited to lawful activities consistent with the provisions of this Policy that pertain directly to the employer-employee relationship and shall not include such internal employee organization business as soliciting membership, .campaigning for office, and organization meetings and elections, and shall not intertere with the efficiency, safety and security of City operations. Subdivision 3 Administrative Rules and Procedures The City Manager is hereby authorized to establish such rules and procedures as appropriate to implement and administer the provisions of this Policy after consultation with affected employee organizations. SECTION 5. Impasse Procedures If the meet and confer process has reached impasse, as defined in these personnel rules, either party may initiate the impasse procedures by filing with the other party a written request for an impasse meeting, together with a statement of its position on all issues. 2. An impasse meeting shall then be scheduled promptly by the City Manager. a. The purpose of such meeting shall be: (i) To review the position of the parties in a final effort to reach agreement on a Memorandum of Understanding; and (ii) If the impasse is not resolved, to discuss arrangements for the utilization of the impasse procedures provided herein. Ci of Sarah -Personnel Rules and Policies gq qty ouncr Approv~n e~cember 20,-2006 Article XXIII Employer-Employee Relations Policy (ii) Subject to the stipulations of the parties, the fact-finders shall determine and apply the following measures and criteria in arriving at their findings and recommendations: (a) First, as relevant to the issues in dispute, the fact-finders shall compare the total compensation, hours and conditions of employment of the employees involved in the fact-finding proceeding with the total compensation, hours and conditions of employment of other employees performing similar services in public and private employment in the same and comparable communities. "Total compensation" shall mean all wage compensation, including but not limited to premium, incentive, minimum, standby, out-of-class and deferred pay; all paid leave time; all allowances, including but not limited to educational and uniform benefits; and employer payments for all health, welfare and pension benefits. (b) The fact-finders shall then adjust the results of the above comparisons based on the following factors: (1) the compensation necessary to recruit and retain qualified personnel; (2) maintaining compensation relationships between job classifications and positions within the City; and (3) the pattern of change that has occurred in the total compensation of the employees in the unit at impasse as compared to the pattern of change in the average "consumer price index" for goods and services, and the pattern of change in wages and compensation of other wage earners. (c) The fact-finder(s) shall then determine preliminary recommendations based on the comparisons as adjusted above which, however, shall be reduced as appropriate based on the financial resources of the City to implement them. In assessing the City's financial resources, the fact- finder(s) shall be bound by the following: (1) other legislatively determined and projected demands on agency resources, i.e., budgetary priorities as established by the governing body; (2) allowance for equitable compensation increases for other employees and employee groups for the corresponding fiscal period(s); (3) revenue projections not to exceed currently authorized tax and -fee rates for_the relevant fiscal year(s); _(4) assurance of sufficient and sound budgetary reserves; and (5) ~iiy_of Sara P r n~1 Lul~s_and Policies 91 City Council pprove on December 20, 2006 Article XXIII Employer-Employee Relations Policy Recognized Employee Organization for such new appropriate unit or units pursuant to Section 3 Subdivision 1. Subdivision 9 Procedure for Processing Severance Reouests An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. a. The timing, form and processing of such request shall be as specified in Section 3 Subdivision 8 for modification requests. Subdivision 10. Appeals An employee organization aggrieved by an appropriate unit determination of the City Manager; or an employee organization aggrieved by a determination of the City Manager that a Recognition Petition (Section 3 Subdivision 1), Challenging Petition (Section 3 Subdivision 3), Decertification Petition (Section 3 Subdivision 6), Unit Modification Petition (Section 3 Subdivision 8) or employees aggrieved by a determination of the City Manager that a Decertification Petition (Section 3 Subdivision 6) has not been filed in compliance with the applicable provisions of this Section, may, within ten (10) days of notice of the City Manager's final decision, request to submit the matter to mediation by the California State Mediation and Conciliation Service, or may, in lieu thereof or thereafter, appeal such determination to the City City Council for final decision within fifteen (15) days of notice of the City Manager's determination or the termination of mediation proceedings, whichever is later. a. Appeals to the City Council shall be filed in writing with the City Clerk, and a copy thereof served on the City Manager. 2. The City Council shall commence to consider the matter within thirty (30) days of the filing of the appeal. a. The City Council may, in its discretion, refer the dispute to a third party hearing process. 3. Any decision of the City Council on the use of such procedure, andlor any decision of the City Council determining the substance of the dispute shall be final and binding. SECTION 4. ADMINISTRATION City of Sarato a -Personnel Rules and Policies 88 -Cjty C-onnei}~ppreved errBeeeml3er 20, X006 Article XXIII Employer-Employee Relations Policy b. This Policy shall be interpreted so as to carry out its purpose as set forth in Section 1. Nothing in this Policy shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under City law or contract. 2. If any provision of this Policy, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Policy, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. CJ of Saratoga -Personnel Rules and,Policies 43 City uncrI~pprove on I3ecem~er 20, 2006 Article XXIII Employer-Employee Relations Policy 3. Impasse procedures are as follows: a. If the parties agree to submit the dispute to mediation, and agree on the selection of a mediator, the dispute shall be submitted to mediation. (i) All mediation proceedings shall be private. (ii) The mediator shall make no public recommendation, nor take any public position at any time concerning the issues. b. If the parties fail to agree to submit the dispute to mediation or fail to agree on the selection of a mediator, or fail to resolve the dispute through mediation within fifteen (15) days after the mediator commenced meeting with the parties, the parties may agree to submit the impasse to fact-finding. c. If the parties agree on fact-finding, they may agree on the appointment of one or more fact-finders. d. If they fail to so agree on one or more fact-finders, afact-finding panel of three (3) shall be appointed in the following manner: One member of the panel shall be appointed by the City Manager, one member shall be appointed by the Exclusively Recognized Employee Organization, and those two shall name a third, who shall be the chairperson. (i) If they are unable to agree upon a third, they shall select by agreement the third member from one or more lists of seven (7) names of individuals having fact-finding experience in the municipal sector to be provided by the California State Mediation and Conciliation Service. e. The following constitute the jurisdictional and procedural requirements for fact-finding: (i) The fact-finders shall consider and be guided by applicable federal, state and local laws. ~~ of S` ara~o~P~Pe`r ~onne~ Rules and Policies 90 tuber-2o, 2006 Article XXIII Employer-Employee Relations Policy b. This Policy shall be interpreted so as to carry out its purpose as set forth in Section 1. c. Nothing in this Policy shall be construed as making the provisions of California Labor Code Section 923 applicable to City employees or employee organizations, or of giving employees or employee organizations the right to participate in, support, cooperate or encourage, directly or indirectly, any strike, sickout or other total or partial stoppage or slowdown of work. In consideration of and as a condition of initial and continued employment by the City, employees recognize that any such actions by them are in violation of their conditions of employment except as expressly otherwise provided by legally preemptive state or contrary local law. In the event employees engage in such actions, they shall subject themselves to discipline up to and including. termination, and may be replaced, to the extent such actions are not prohibited by preemptive law; and employee organizations may thereby forfeit rights accorded them under City law or contract. If any provision of this Policy, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder of this Policy, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. C~ of 3ara_t~og_a~-Personnel Rules and Policies 93 CrtyZ.ouncil ?ipprove on ecem~r 20, 2006 •pa;aidutoo aq;ou II?n~ sSo;sisS 30 ~?~ au; io3 s?s~iisu~ ,CanmS ,Cpn;S paadS aqy ~A?OI•LOV Q~QAI~LIIL1IOO~2I OAIIMO'I'IO3 ,COAT 30 SdOAidfIa~SAiOO •;aSpnq spsog pus s;aagS Su?;s?xa atn u? atgsi?sns s? xion~ sun zo; Sutptm3 :S,LO~dL1tI 'I~'~SL3 •sSo;e.n?S3o,u?~ atn.to; stsiteuy ,CanmS ,Cpn;S paadS atn .to•{;soa jsuou?pps atn .tanoa o; siaad pus gta3 q;~;ae.quo~ Suuaau?8ug aglsis Stn;s?xa atn o;;uautpuatus us anotdds t?auno~.~?~;stn papuatuutooat aio;azaq; s?;I •(£ luatugasuy) jssodoid;san~oi atn Su?ptnozd siaad pus gta3 til?n~ suug Suuaau?Sua ot~sq sno?.ren ,Cq pau?tugns asam s~esodozd mo3 •sisa~C ang ~S.tana pa;spdn aq;sntu s?s~S~sus ,tanms paads s (~n~) apo~ a~aR{aA snuo3?is~ to?n~ ~ilduzoa o; iapio uI •£OOZ `8 T aural uo Icatmo~ ~?~ ,tq panotdds a.tan~ suo?;spuatutuooa.t atn pus `sa;s?aossy su?SSEH,Cq ZOOZ u? pa;anpuoa ssn~ s?s~Cisttd ~fanmS paadS;sej aqy •s;?tu?j ~l?~ atn uRn?n+ s,Csn~pso.t sno?asn3o s;au?I paads Su?;s?xa a;snisna o; s? sts~Cjsus ,Canms paads atn;o asodmc[ atLl• •s?siteus Su?xtsd pus ot~su Suuonpuoa `(s.Canms paads pus s;tmoo at33sq) s;sP Piag Su?;aa~ioa `s;u?sjdtuoa ot~sy Su?nna?nat apnjaut sao?n.tas sasagi, ~sSo;sisS 30 ~?~ atn o; sao?n.tas uoddns Suuaau?Sua at~s~ tisa-uo ap?noid o; siaad pus gta3 ql?m;asr;uo~ Suuaau~ug or~szZ s panoidds itauno~ ~?~ SOOZ `£ ;snSnd uO ~~x~In~In~ns yxoa~I •s;aags ~t~ snousn uo s?siteuy,CanmS paadS so; not;ssuadtuoo is;o; aseaiaut o; siaad pus gta3 tniM;as~uo~ SuuaauBug or~s.tZ aq; puatuy ' j :AiOI•L~V QdQAIdL~Ib1IO~d2I eSole.teS 30 ,~-~ aql ao3 sis,flea~ .SPn3S paadg - siaad ~ q.ta,d qll,~ lae~luo~ Sm.taaa-Sa~ affleay of laauipaaut~ :yO~fffIIS ~Qt'~H .Ldp / ~1Cff Q~IVdd2Id ~2IdOVAtVL1i AJ.I~ ~/~ ~L~Id,LI VQAidOV ~ya~Q ouly~uloluo 9002 OZ aaqutaaaQ :ay~Q OuIyd~LQ ~I~unoo ~ylo vooy~xvs ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): An amended traffic engineering contract will be executed with Ferh and Peers. The Speed Survey will be submitted to the Traffic Safety Commission for review then to City Council for final approval. ADVERTISING, NOTICING AND PUBLIC CONTACT: None at this time. ATTACHMENTS: 1. Amendment to lndependent Contract Agreement 2. Supplemental Scope of Work 3. Proposal Summary CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Sazatoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Fehr & Peers Associates, Inc, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered an independent contractor agreement dated August 3, 2005; and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the total compensation terms of the Original Agreement by entering this Amendment Agreement to amend the Original Agreement. NOW THEREFORE, the parties hereto agree as follows: Amended Total Compensation. The maximum total compensation referenced in Exhibit B to the Original Agreement is hereby increased by the amount of $17,500 from $70,000 to $87,500. 2. Amended Scope of Work. The scope of work referenced in Exhibit A to the Original Agreement is hereby revised to include the Speed Survey Analysis for the City of Saratoga as illustrated in the scope of work in the attached Exhibit A to this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Contractor By: By: Dave Anderson, City Manager Date [Print Name], [Title] Date Attest: Cathleen Boyer, City Clerk Date Z xio~3o adooS -- y ;igntxg s;uaun~oz;;y so;oanQ saoiniaS ant;ea;sTUTUipy aluQ :,ig ~d~Nd2If1SISI QNd ~C.LRIOH.Lfl`d .LdJQf1H OZ S~' QdA02Idd6' a32Q I ~tauiouy ,C;i~ `ioi~iss 'S P~go?2I :uuo3 0; sz panoidd~ EXHIBIT A Supplemental Scope of Work Speed Survey Analysis for the City of Saratoga The purpose of the speed survey analysis is to evaluate the adequacy of various roadway segments existing speed limits within the Sazatoga city limits. A preliminary list of speed survey locations is shown below based on a speed survey report completed in February 2002 by Higgins Associates for the City of Saratoga. 1. Allendale Avenue from Fruitvale Avenue to Portos Court 2. Allendale Avenue from Portos Court. to Chester Avenue 3. Allendale Avenue from Chester Avenue to Quito Road 4. Beaumont Avenue from Herriman Avenue to Glasgow Drive 5. Bohlman Road from Southerly City Limit to Sixth Street 6. Chester Avenue from Allendale Avenue to Ten Acres Road 7. Chester Avenue from Ten Acres Road to Sobey Road 8. Cox Avenue from Saza-Sunnyvale to RR Tracks 9. Cox Avenue from RR Tracks to Sazatoga Avenue 10. Cox Avenue from Sazatoga Avenue to Paseo Presada 11. Farwell Avenue from Fruitvale Avenue to Sazatoga-Los Gatos Road 12. Fruitvale Avenue from Saratoga-Los Gatos Road to Burgundy Way 13. Fruitvale Avenue from Burgundy Way to Allendale Avenue 14. Fruitvale Avenue from Allendale Avenue to Saratoga Avenue 15. Glen Brae Drive from Scotland Drive to Cox Avenue 16. Herriman Avenue from Sazatoga-Sunnyvale Road to Saratoga Avenue 17. Johnson Avenue from Prospect Road to Northerly City limit 18. Mendelsohn Lane from Sazatoga-Los Gatos to Saratoga-Los Gatos Road 19. Montalvo Road from Sazatoga-Los Gatos Road to Cul-de-sac 20. Mt. Eden Road from Pierce Road to Westerly City Limit 21. Pierce Road from Highway 9 to Mt. Eden Road 22. Pierce Road from Mt. Eden Road to Surrey Lane 23. Pierce Road from Surrey Lane to Sazatoga-Sunnyvale Road 24. Prospect Road from Westerly City Limit to Stelling Road 25. Prospect Road from Stelling Road to Saratoga-Sunnyvale Road 26. Prospect Road from Sazatoga-Sunnyvale Road to Miller Avenue 27. Prospect Road from Miller Avenue to Lawrence Expressway 28. Prospect Road from Lawrence Expressway to Easterly City Limit 29. Quito Road from Southerly City Limit to Bicknell Road 30. Quito Road from Bicknell Road to Pollazd Road 31. Quito Road from Pollard Road to Allendale Avenue 32. Quito Road from Allendale Avenue to Yorkton Way 33. Quito Road from Yorkton Way to Baylor Avenue 34. Sazatoga Avenue from Big Basin to Seagraves Way 35. Saratoga Avenue from Seagraves Way to Douglass Lane alnpagos alsz uodn paaz8s aqa of 8utpzooos suotaszuoglns uodn saatnzas Isuoilipps aonpuoo II?M aM •s8utlaaui;oafozd BuTpua;ls zo `s8uusaq otlgnd 8uipualls `sis,Ctsus Isoiugoaa Isuot;cpps~mau 8uumbaz sluaunuoo o~lgnd zo ~li~ of ~uipuodsaz `suotlsool ,Cpnls Isuoc;ipps 8uilsnlsna `(s,Canzns paads zo s;unoo o~sza `•a•t) uo~;oaltoo slsp Isuoi;[pps Sutlonpuoo `ol paatunl aou azs lnq `apnlouT ~Spnls slgl3o adoos aq; puo~Caq saoinzas Isuot;~ppy saalnaaS Isao-;Ippy •saotpuadds Isountaal pus `(paads att;uaozad 458) s;Insaz ~ianzns paads `suoi;cool ~ianms paads `pasn ~i3olopoglaui ~Cpnls aq;;o uotlduosap s apntout Itin~ umpuszouiaui sn{y •umpuszouiauz Iso[ugoal s ut pazusununs aq II[M s~s,Ctsus ,Canzns paads aqy aops;aauinaoQ a.~sda.~d - £ xsey •s;iutq paads luazzno utsluisui of not;sog~lsnCap~nozd zo shunt paads pa;sod aSusgo o; suogspuaunuooaz dolanap IIFA1 a~ •sa8usgo aql luasazd o; salsioossy su~diH ~q ZOOZ ~Szenzga3 ut palalduioo azodaz aq; ql~m pazsduioo aq Ilinn rasp aumion pus paads aqa `uoilipps ut •s;cunt paads palsod 8uias~xa of pazsdmoa aq ll?n~ slsp paads aqy e;eQ,;o sts,ftsay - Z Ksey •s;~uul paads palsod pus suoi;cool uotlaattoo slsp ,C3uan pus suotlszado og3szl 8utlsixa anzasgo o; spouad ~Isad Yid pus y~y 8uunp paaonpuoo aq IIIA1 suoi;snzasgo plai3 •slunoo aunlosui ,taxis annbaz Ilia sauau~as mo3-,Cato; aqa lsga alsutilsa any `s;uau~as ~Csnnpsoz aql;o soulauioa8 aql uo passg •yQy ~ Iiaro ss `spaads alontan SutlsTxa am;dso of pasn aq IIEA1 luautdmba autgosui palsutolny •sltunl ,Cats s8olszsS aql utglTn~ (anogs palstl) sauau~8as ~Csn~psoz mo3-,Cazo3 aq; 8uots auaaaz (yQy) oiy;sza ,Ctcsp a~szans aql autuualap of pauTS;qo aq llFn+ rasp ~ianzns paads pus aunoo og3sza n~aN s;eQ .Natnag pas ;aatto~ - T Ksss :azs sts~itsus aql u- paaonpuoo aq of s~tssa aqy psog o;ma ,ClzaglnoS of psog o;ma ~SlzagazoN u~og psog ~CagoS •bb psog;aadsozd of psoztisg ogtosd uoTUn uiog pso21 alsn.CuunS-s8o;szsS •£b psozltsg agiosd uoncn of anuQ zanslg utoz3 psog alsn,CuunS-s8olszsS •Zb anuQ zanslg of ausZ sascA apzan uioz3 psog als,UCuunS-s~oaszsS • Ib ausZ sascn apzaA of anuany s8olszsS uio.g psog alsn,CuunS-sSolszsS •Ob aluIt'I ~at~ ~ilzagazoN of anuany xo~ uTO.g anuany s8olszsS •6£ anuany xo~ oa aus7 pzs,Cauin uioz3 anuany s~oaszsS '8£ anuQ zsu~sQ of anuany alsnamz3 utog anuand s~olszsS 'L£ anuany alsnlmz3 oa aus7 ssslBnoQ uioz3 anuany sSolszsS •9£ ~ n o ~ o ~ d0 N~ c V~ ~a ~~ z~ ~~ ~a Q a c D .r .~ m w SARATOGA CITY COUNCIL MEETING DATE: December 20.2006 AGENDA ITEM: ~ ~~ ORIGINATING DEPT: Public Works PREPARED BY: CITY MANAGER: SUBJECT: Amendment to Traffic Signal Maintenance Contract with Republic ITS - Pierce Road Intersection Improvements RECOMMENDED ACTION: 1. Amend recently approved contract with Republic TI'S to increase total compensation for the traffic signal modification work associated with the improvements to the intersection of Pierce Road and Sazatoga-Sunnyvale Road. REPORT SUMMARY: On October 18, 2006 City Council approved an increased change order authority to the existing contract with E] Camino Paving, Inc., for Pierce Road/Sazatoga-Sunnyvale Road intersection improvements. The traffic signal modification work for the Pierce Road/Sazatoga-Sunnyvale Road intersection improvements will be done sepazately by Republic TTS under their existing maintenance contract with the City, but requires an increase of funds to execute the work. On September 6, 2006 City Council approved a contract with Republic Electric for continued monthly maintenance and on-call repair of Saratoga traffic signals. Republic TTS has to date been very responsive and the work has always been of a very high level of quality. Further, Republic TTS as a company possesses great expertise in the azeas of signal design, infrastructure-related electrical work, and traffic signal timing and control. These high qualifications will be required to complete the traffic signal modifications associated with the Pierce Road/Sazatoga-Sunnyvale Road :intersection improvements. 'The cunent traffic signal infrastructure is inadequate for pedestrians crossing Pierce Road. The proposed traffic signal modifications will be upgraded to allow safe pedestrian access across Pierce 1[2oad which will consist o£ • Relocating an existing traffic signal pole • Furnishing and installing new pedestrian heads on the traffic signal poles • New pedestrian push buttons • Furnishing and installing new traffic light pullbox It is therefore recommended that City Council approve an amendment to the existing traffic signal maintenance contract with Republic ITS for the traffic signal modification work associated with the xzom3o adoaS Iz;uauTaiddnS 3uauiaazSy ~aez;uo~ luapuadapul o~ ~uauzpuauiy S,LAIdL1IHOV.L.L~' •aun~ sng 3e auoN ~.LO~'.LAI00 JI'IHIld QAIV OAIIOI,LOAI `OAIISI,LiIdA([V •ap~oalg ot~gndag ql~ pa~naaxa aq II?nn loez~uoo aausua~un?ui papuauze u`d ~~S)AIOI.LO~ df1 MO'I'I03 •anoge aq; of uoc~cppe u? auoN ~~S)AIOI,LO~ dAI.L~ARI3.L'IV •paaaozd lou p~non~ xzon~ luauzanozdun uo?~aasza~ut peog aIn^~~S -e~o~szsS/peog aoza?d aq~ pu2 `papuame a4;ou II1A1 S.LI o?Igndag [p?m ~azz~uoo Su?~s?xa aqs ~A?OI,LO~ QdQAidL~iL1I00diI OAIIAAO'I'IOd .COAT 30 SdOAIdIIadSAt00 •loaCozd ~Snmals0 pzog areniuunS-e8olazsS aq~ zo3 la~pnq 3u?~s~xa aq; u? aigej?ene sr xzon~ sng zo3 Smpun3 S.LO~dL1II 'I~OSI3 •s~uauianozduu uot~aaszalu? psog aIe,UCuunS-e3o;azBS/psog aozatd CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Sazatoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Republic ITS, Inc, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered an independent contractor agreement dated October 18, 2006; and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the total compensation terms of the Original Agreement by entering this Amendment Agreement to amend the Original Agreement. NOW THEREFORE, the parties hereto agree as follows: Amended Total Compensation. The maximum total compensation of the combined routine maintenance and response maintenance work referenced in Exhibit B to the Original Agreement is hereby increased by the amount of $21,430 from $37,000 to $58,430. 2. Amended Scope of Work. The scope of work referenced in Exhibit A to the Original Agreement is hereby revised to include the Pierce Road and Sazatoga-Sunnyvale Road Traffic Modifications for the City of Sazatoga as illustrated in the scope of work in the attached Exhibit A to this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Contractor ]By: By: Dave Anderson, City Manager Date [Print Name], [Title] Date Attest: Cathleen Boyer, City Clerk Date xzoM;o adoaS -- `d ;?4?uX~ s;uaun~oe;;y zo;oanQ sao?nzaS an?;sz;s?u?uxpy :a;aQ :gig ~ffON6'2If1SI~II QNd 1~,LRIOH.Lfld .LdIJQflg OZ SF~ Q~A02iddd a;eQ I ~iauzouy ~3?~ `zoj,iss 'S P~uo?2I :uuo3 0; ss panozddy EXHIBIT A Supplemental Scope of Work Pierce Road and Saratoga-Sunnyvale Road Traffic Modifications We offer to perform the following work, on the [emts and conditions stated below and at the prices shown, as follows: Per your request, furnish and install (1) new No. 6 pullbox and (1) new 1B foundation at subject corner. Remove and dispose (1) existing pullbox located at the northwest comer due to civil improvement by others. Intercept (3) existing conduit runs located at pre-existing pullbox and reroute continuously to new No. 6 pullbox location. Furnish and install new detector lead-in cables (DLC) for southbound advance and presence detectors and for eastbound presence detectors due to the fact that existing DLCs will be damaged and/or not have enough slack. Furnish and install conductors for pre-existing vehicle indications (for one conduit run) to new 1B location as existing conductors will be too short (NOTE: one run will be affected only; pre-existing conductors for this mn will be removed and disposed.) Furnish and install new conductors for new pedestrian indication and pedestrian push buttons for northwest and southwest comers. Furnish and install (2) new pedestrian head housing with LED combo modules; one for the northwest and southwest comers. Remove existing 1B pole and relocate to new 1B foundation. All underground work will be completed prior to actual switchover to new location. Switchover should take 6-8 hours. Excavation and backfill work to be performed by others. Program controller for new pedestrian phase. NOTES AND EXCEPTIONS: Labor, Equipment, Material.......:$21,430.00 • Hazdscape work- no sidewalks will be removed, disposed, or replaced as part of this proposal. Republic to start work when conduits at subject comer have been exposed by others. • Additional work related to existing blocked or damaged conduits are subject to extra chazges. • Traffic control is not included. SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAG PREPARED BY: ~ ~ ~-.~ DEPT HEAD: Jo n Cherbone 2H Cherbone ~. SUBJECT: Agreement Concerning Joint Use of Campbell Union High School District Property (Prospect High School) -Revisions to Agreement RECOMMENDED ACTION(S): Approve revised Joint Use Agreement with Campbell Union High School District for use of District Property and authorize the City Manager to execute the same. REPORT SUMMARY: At the October 18`h City Council Meeting, City Council approved a Joint Use Agreement with Campbell Union High School District for the use of their new turf field. Since approval of the agreement the District's legal counsel incorporated revisions to the agreement which the City Attorney felt were substantial enough to warrant a subsequent review and approval by City Council. Attached to this report are copies of the October 18u staff report, a "redlined" version of the original agreement, and a copy of the final agreement incorporating revisions. The following is a summary of the changes proposed by the District: • The District can stop the City's use of the fields if the District believes the use interferes with any District use of the fields. The earlier draft gave priority only to educational uses by the District. This would allow the District to stop use of the fields for maintenance, fundraising events, and other non-educational uses. • The District now has the authority to impose the penalties specified in section 3.g. • The indemnity language applies now to "alleged" omissions as well as actual omissions. • The insurance provisions have been revised. • The District now has the ability to terminate the agreement in its sole discretion if there is any other District need for the site. The earlier draft allowed termination only if there was an academic need for the site. •;uauzaazS~ pas?na•g • £ •;uauiaaz2y Isu?8uO3o uotszaA „pautjpag„ •Z •;zodaz33E~s y,8I zago;op S,LSIdL1IHR~.L,L~ •jeuo?;?ppz SunpoN ~.LO~',LSI00 OI'Iglld QAI~' OAiIOI,LOAI `OA?ISI.L2IdAQH •;au;s?Q aq; q;?m pa;naaxa aq jj?m;uauxaaz8s aqy ~(S)A?OI,LO~' dfl MO'I'I03 •auoN ~(S)AIOIZJV dAI,L~AIiId,L'IV •znoao;ou pinom p~at33zn; ~oogoS g8cg;aadsozd o; ssaoaz pue panozddz aq;ou pjnom;uautaaz8~ asn lu?of aq.L ~S)I~?OI.LOV Q~QISdI~IL1I00d2I OI~IIMO'I'I03 .LOA? 30 S~O~IdfladSA?00 •,C;?~ aq; q;?m (s);uauiaazSe a;ezedas z?n sdnoz8 zasn o; uo passed aq j~?m saa3 In;uaz uzooz;saz ajgeuod pun `s;soo uo?;zz;s?u?uipa `spjag aq;3o Ie;uaz ~ilznog3o;soo aqy S.LOE'dI1II 'IHOSL3 •aun?s aq; a;naaxa o; zaSeueyQ ~;?~ aq; azuoq;na pue;uauiaa.~a pasinaz aq; anozdd2 I?ouno~ ~i;?~;eq; spuauiwooaz pue ajge;daooz aze sa$usgo aq; siaa333E;S Attachment 1 SARATOGA CITY COUNCIL `./ ~~ MEETING DATE: October 18, 2006 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: ~m~nGt~ :PREPARED BY: DEPT HEAD: ~n -.T ` `~.., c John Cherbone John Cherbone SUBJECT: Agreement Concerning Joint Use of Campbell Union High School District Property (Prospect High School) RECOMMENDED ACTION(S): Approve Joint Use Agreement with Campbell Union High School District for use of District Property and authorize the City Manger to execute the same. ~ REPORT SUMMARY: £iackeround: As negotiations were nearing consensus between West Valley College and the City for use of two of their sport fields, negations to procure use of Prospect High School's new turf field began to gain momentum. As with the procurement of fields at West Valley College, the City Council School Ad Hoc comprised of Council Members King and Streit led the effort in negotiations H7th Campbell Union High School District for the latest addition to the City's inventory of sport fields. Acquiring flat grass at school sites has been one of the goals of the School Ad Hoc since its inception. More recently, over the past few weeks, City staff and District officials have worked diligently to draft an official joint use agreement which is now ready for approval by both governing bodies. Discussion: The Joint Use Agreement (Attachment 1) benefits both the City and Campbell Union High School District with needs that were previously unmet. The following list provides a summary of the major agreement points that aze contained in the Joint Use Agreement: 1. Provides City access to a full size turf field at Prospect High School for use on Sundays. '(s)Z'£IS£ 2I6'~Cagod Bunllsd IoogoS •£ '(s)ZI IL gy,Co?Iod 6jg?ae31oogaS •Z •;uau~aa~y asf1;uiop • I S.LrI~1IHO~.LL~ •p:uoq~ppe 8uiulo!`I ~.LO~.LAI00 OI'IgRd QI~I~ JNIIOI.LONI `ONIISI,L2I~AQH •;orgs?Q aql q;gym painoaxa aq II?n+ luauiaa~s au.L ~(S)AIOI.LO~ df1 MO'I'I03 •auoK ~(S)AIOI.LRd ~AI,LVARI~.L'IF + •maao;ou p~nonn ~'"~ P[aS 3m7 I~uoS ~?H ;oadsotd o; ssaoos pus panoidds aq lou pino,~ luauiaai8y asn ;u[o f auy ~(S)AiOI.LRF QdQNidL1II~tOOdiI ONIIMO'I'IO.3 ,LORI 30 S~OAI~nadSAI00 •~?O au; u;~ (s);uauiaa.Bs a;s.isdas e?n sdno~ iasn o; uo passed aq II?nn saa; Isluai ruooRsai algsuod pus `sisoo uoc;Eusiuimpe `spiag aql;o Is;uai ~iimou;o isoo au.L ~SyOVdb1II'I~OSL3 •auiss aqz ainoaxa o; ia8usy~,C;?~ aqz azuou;ns pus ,tl.iadoid;orgslQ IoogoS u$?g uoiun Ilagduis~ ul?n, ;uauiaa.By asn ;utof s anozdds Itouno~ ,il[~ isgl papuaunuooai aio;maul si g •(sdno~.[asn pauonouss ,uc~ o; paua;sus.q aq of sisoa pa;scoosss) sacl?I-os; cuooi;sai aigsl.iod apcnoid II?nn ~Cl?~ '( •;soo Isuon-pps ou is $unlisd aiduis saptnoid •g •splar~I,teld;o asn pazrsoulnsun to; sai;Isuad pus ~toclod,Csp,Cu?ss sap?noid •L '30 Died ~S s?n spuno.~ IoogoS y8ig o; ssaoos aousualun'ui io;;orbs?Q aql of;?uuad luaun{oso.~aua uE sapinoid '9 •moq sad S£$ a;si s;s splag ,Geld uo (s,CspunS usgl saglo) saonosld palnpagos snno[IH •S •uousind?;s Ismauai of;su-olns isat S s q;im luauiaa~s .isa~C Z •q •piag;anl aul;o asn io; mou sad S£$3o lunoun' aul uc;oulstQ of anuanas saplnold •£ /"~ •luauiaaio;ug apo0 ~C;I~ pus s;;uauS ~luno~ aql ~Cq IoogoS u8ig;aadsoid;o 8uuoliuoui Ioouas cads aipouad sapinoid •Z Attachment 2 JOINT USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE CAMPBELL UNION HIGH SCHOOL DISTRICT THIS AGREEMENT, dated , ("Gtlcctive Date'") by and between and CAMPBELL UNION IGH Daleted: THE CITY OF SARATOGA, a municipal corporation ("City") Jf ( - SCHOOL DISTRICT, ("District"), is made with reference to the following facts;. - ~, DNeted: PROPexrv A. ~~'hcrcas the District is owner of an educational facility, located on Prospect Road, ~. oersted: r __ __ _ _ _ _ known as Prospect High School ("the High School"), in which the District has constructed facilities, including a turf field and parking areas that are the subject of this agreement and shown on Exhibit "A" collcctivcly "Use Arca~~l. 13. AA+hcrcas, by cnicrine into this A_rccmcni, the communit wi,Il bcncfi~ by harine access io the Usc Arca liii_Cily or~+niied events,. and the Dich ict will bawf_I hex Cii sly laiin in cots of the lJsc Arca. (~. \Nhcrcas the Cit and District desrre to execute thrs A ement to establish their Daleud:a ~ - Y &e t~~~ _..._.._ respective rights and obligations coneeming the use and maintenance of the Use Arca as eroressly _ i dieted: n¢ffina and pukme arau~ pa~nnitcd by 8ducaiion Code section 10900 rl vrcl. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. 2. q51 ]S.~OWI/I05635~2 Term of Agreement. This Agreement shall become effective upon execution by the parties for an initial term of two (2) years and r~.~be renewed on the same conditions forf~~cadditionalono- carloins. Time and Terms of Use. a. During the term of this Agreement the City shall have the right to use the Use Arw shown on Exhibit A on the days and times shown on Exhibit B ("Use Periods 1 and at such other days and times as may be mutually ageed upon by District and City, as long as such City use does not interfere with yse by the District,~}hc Use Arca. on mutually agrees le dates m e orm o a attar agreemen stgne y e y ~; ¢:~ Public Works Director (or the Director's designee) on behalf of the City and the ~~~Deletede ~ ~sistant Auncrfntendan of 13usincs, Services or designee. _ ;deleted: NiE dasad: ,nmi _ i DeNUd:mMdi,ionaltum olfive (5) !, { Ynars __ _~__-___) _,_. DeNted puking urasaM turlfieW Deleted: adnuriaul {DaNtad: m Ne school sia Daleted: E DNatatl: ¢re DaNpd: p Deleted: ace oereta: m Deleted: mrkin¢ uu¢ and turf fieN those shown on Exhibit B, the City and District shall memorialize their agreement - paeyd; ~„ ~,;p„y b th f f 1 t d b th Cit b. ~4~ithin 30 dais of (hc I ficgicc I_~atc nl ibis Ali cement and by lune_I st of epch year after, the City shall inform [he District as to (a) [he anticipated specife starting and ending dates of its use of the l i, sc rites and (b) the schedule for games and prectices during the Usc~P nods shown on Exhibit B. Such notice shall be famished by the .-' City at least thirty (30) days prior to the commencement of [he Usc~'ci iod and shall be adopted unless the City scheduled use of the Use Arca interferes with the District's Nse of these facilities. If [he City proposes l sc Periods in addifion to c. During l Esc. I'criods [he City shall be entitled to [he exclusive use of the turf field !~` and shared use of the parking areas. Use of fhe parking area shall be subject to -- ~. Deleted: „ti aiwios~.lgg7~8ge 1 of6 93o Z o8e~ 5is~~'>u~~ riliiti• IJOQ'S561roasl :P~7oIOO j f BwAglq ~ ~! :nn wJ a%°undTH aq :p~ggap ~ ~~_ __~ l do nJ gay Jml :pipalp man nJ %a9JAq :pWOlip _~ qdn nJ %avJml :pq~pG~ alJ aW ~4 WU!mnW 'W luauo~e to IPund A!a e a luewnd ~~ HNIEIXIO Sdnnla DSII al[AYd : , ',, %ayJml :pgalap i __ __. _... _- __..- mHla7 P.,. sea+e8 w !i %a9 ! 'OVWNO i ~ of :pggad pawMv n am :pa>•lop 'I W :pgapp -_qa9 Jml :pe011a4 i.. ----- w :ooanoa , . >4 ;~0~ . sana!aq asaya :pgalad 1, '!!eys3oWS!Q ya}alslU3osa!3!1!glsuodsaa •uoseas ayi;o aapu!euJaa ayl ~o,{ eoAy asl~ ay ;o asn o!y :uoseas 8uunp tillsuad w£ •yluout auo ion ea.iy x~ aid;o asn o!.} :uossas 8uunp •Clle^ad PuZ ~{aaM auo loj liar isjj ~y ;o asn o!y :uoseas 8uunp.Clleuad ,el :smol!o; sdse,Cl!euad a u! 1!nsaa dew s.os~ Hued P'~41~i'.) ~9 ealy „~ ayi;o asn pazuolpneun •8 •spouad asn 8uunp slenaalu! asln8aa is 8uuo7!uoui asn pla!d 3 •splay ,is!d ay7 ie palsaol saauteluoo yseai lauls!Q u! a8egae8 !!e 301?sodap pus ru.i~! ,, I ayl;o asn yaea aa~n sugap pus aau!l do uea!~ •a uune ~ ~ e Isii i aJU! ~q leduu!aa ~ooyas y8!H ayl ~q panotdda aq ~peys sa!ltpae; wooa;saa u~geti~yl;o uoUSao7 •yaWS!Q ayl,SQp~I.,~~lp usi~~uaylo ssalun asn yaea ;o luawaauawwoa ayl le s~gyl~e~ luou.nso-~aolun pue e~:N ~s~ju:?;o asn yaea 8u[mollo; saggor~ ulooi'ISaJ ~siyt~oot!!eys.~li,~ •saasfl •~I~ed PJ!4.L Pue nll~,Cq asn ao; (ao!naas uollel!uss palnpayas Hmpnlaw) saµy!ae; woo.USaa algeiJOd ap!noad 'p •3~ oled ues le .Cem 3o-ly8u paumo 31!~ utoa; ,(yadoad 7auls!Q of ssaaoe aaueualu!ew ao; Wuls!Q of 1!uJJad luawyaeoJOUa ue anss! •a suoUSlnBa~,C3tQ pue 3aWStQ aleudadds aayip •n 9LLIJllBd Z'~!S~ 2lt/ S~3al17sIQ 'A! sa!3!paed;o aas~ ZI IL (ZiV) uo!3eln8a'g antleals!uuupy s,lauls?Q '!!! :W1NW ~, '~}aeal P^B Pla33an3 lepg!las ayl uo puJ>(.Cue;o poo;off •!! ~...-____ ..____ _._-_..._-._. •aalam8uquup;ouogdaaxa ayl yl!m >(asJ3 P^^ Pla!3 3anl lewy?us ayl uo spmby !la ;o uoy!q!yoad •! :8u?pnlou! -- wno;a;xnanAwm:l:ppapol saoilasad a5ueualu!Ew p!ag 3an3 aleudoidd¢ mo)~o; s-ios;l ;~inaj RuyJ. amsud •q auV^glro '. ayl nJ g9~amdsa, aq :PNOloO ,.. -- laluuud lon4a$ 4a:H VeOMO~ [mwa n[n apeuL Jq 1P~7goO l ..-moors rxn aouud q>Mop ~, caa 5ioknd Pue gavJnu :W7M0 i gae.Me :PgapO ~ •luawaaao;u3 apo~ B8o18asS ;o ~7!~ pue sways ,(luno~ ,iq sloaled a!pouad e!n spunoa8 looyas y8?H aoltuo!n} •e :)la~s.C3!~ '~lg3o sag!pgrsuodsag ~uuulaat, y snp w nu,~ ~ql}o suone.u~go pue suual oyl Imo iww ~~eys easy os~ ayl of p~le~oJ sJas~ nlJe~{ pJ14,3 Pue ^nJ uoorolay ul~uloaJ.e io jlul.l~ ~'aau8tsap]o so~inJaS ssowsn~ jo lu;ipilalilila n5 luejsissb .Cq panadda pus g 7!q!yxd w ,Cji~ ayi ~q Palnpayos sl s ias;-3 ; ued P.u4.L asn yaps;? 6luo luauJaaa8e ao 3!uuad,C$~ a of luensmd 8uyeaado ' ' /•/~ /~> Oti 13E , apoJ -~np ~ uy J~ulo~ JIAI;) ~yJ ypll ulaj+lsuw laillicuf c iii („saasn +Ilelj"j~uyL) ;alimd pny ,Cq luautaaa8y siyS of yusnsand ealy us; } ayi 3o asn azuoyine .CeuJ ~7!~ 'lauis!Q ayi ~q asn ao; uado u!ewa3 pays ra~y~ asjj ayl `saut!3 aaylo pe ltl 'suo!le!n8aa 8uolted as!n8aa ZASC9501/(000~'SL IS01 '4 '£ - -._ a. Remov, trash from the trash containers located at the turf field and clean up of any 0` al.me:mot J - -- -- litter and debris on turf field preceding use of turf field by City. b. Attend apre-season meeting with City for a preseason inspection of the turf field at _ least 30 days prior to [he beginning of the Usc crib. rDal.e.a: o:n ~ ~MN[eA: period i c Provide routine nminicnunce of the Usc 4rea '~othine in this Axrccment requires the D3stricl to provide a nc~o ~r uo°rndcd 4 rf Geld or oarkine areas. The parties understand that the Usc 4rea is subject to normal wear and Tear. 5. b. g5175.00W1/105639@ Service charge a. In consideration for the pse of the turf field and the inkind value of maintenance :, natetbd: eaahum _, assistance by the District, the City shall pay a service charge to [he District in the amount of $35.00 per hour or portion thereof [hat the turf field is used by City or , ~ ° ~--~ ----- ~~-~ _~~-- ~w~+A. >umonua ynrae usm~~~ 1. The Usc Fcc shall not a I to da cancelled Cit Thiid Parir liscrs (' Usc Fcc y Pp Y Ys { ----'- t>ertb:rlprfiew ahm~a due to inclement weather. .~ DdabhO: service chm~ ' July l based on [he . I ear no later than an estimated lisc fcc each ll h a Cit b Dablbdl r"`a"`hba` y . p y y s a . estimated use level expected between July 1 and the following June 30. The ~~: Bu~hts am Numbering estimated Usc Fcc shall include a credit for any excess payments made for the prior ~ ; ~: Naahm me Dbmnnor am ~ year and shall include en additional payment for the amount of any charges incurred ' °,~, nk r«b~Y n ~~misq beyond the estimate for the prior year. °C°b°'sq' ""0° °f'"Ytl1ne d°" °r omidedm be done by Ciry undo orN ~ connection with any assn a inaction of Legal Responsibility/Insurance. i ary m ewntaioo wdm ib m,naaC°O1t or in pmmirea or use ofbe properly described in 5xhibil A ofrhia Armament. u. u. Cltc :Ind District 2flree ro indemnilc defrnd and hold hannlesc the other Ualw~ ~ PursuantaGOVemment coda s95.4, ciry ' ~md its ics~ciirc uustecs or directors, a arts., olliccis cmploVccs eovcrnine ~ shwa Posy deam4 indemoiry, and use hbmkssnisaiclromausaib.ciaimam ~ bo.Irds xmd board members 1}om and I ainsi Im and all J nms, demand lawsuits or ~ aenm otavery none. kind and othci ~rocecdines bodily in un, Droa~rly d'mrr~es xisonal in my and other J L I ~ J- ~ ~"pdp1 brought °n far or on a"ounl ofinjpry (u defined in Cgvenuneel Code liabihiics and damanecs, mcludine attontc~%s fees and costs arisn_ out of the ~ section alo.9)ooeurting by muen of d b d b indcmnilvine Ueric's allc~cd_nr actual omission, ail of nc~li~~encc in the 1 _ .. ~~_ _.. _. -.o- ~- ~ lo ane y e °'>'a""adoneoromiae Ciry or ib pmmitea in Ndr use ofdw ncrlixm{mtt q~ I~iilwe to perli~im nv phli tonne undo this Aaiwnuri. life ' mopeny desaibedNPxliiMlA oflhis nxiannih defense and hold harniless ohli~~~unon herein sci lorth sh dl vui r-ivc the ~ ~ A~amrnr't 7 ICrmmaliOn of l~ti5 .'~_PCCn1CnI, ii~~ ,tor dll~ld i_r .l Cfua OnIKSIOn, aCl O~ nC~h.~C~ nCC NdMer Ciry nw any officer °r empbyee in the xrtormanec or_I;nlurc to rerL form_ils oblieeuiona under This Ar~iremenl that I IheaohWll be reaponaLk for any ~~~aanitiry occuninebY reuon of ~ec~n_ed durinH the Ierm of this A~recmeni, - uyPoiog done ar omiaed to be done by - DIbrM undo a in camecdan with anY acfim m inacli°nofoWrta w h L. ich Parts shall nwimam cnntpi chuxir'c LUUrd liubihh~ or sell=msuruncc wrth• conmaon wiN ib vbnagevwnt ar use of i E hibi A f hmiis of not Icss than hln milhpn doll irs ti' OOp Of10 unnbined sin Ic limit lot '. ~_ _ ~- o x l o tlm prapmy described ~ Ihiy /.®wven. Pursomtb (3ovammenl bodily iniur~ anti propu i} d:mia~ es, Itinicn on m occurrur« basis ~rhich_insurancc '~ ~ Code s9sa, Dblrkt fhau roar defend. shJ~~ bC pl'1llldl v' l0~ aU 5_OI' tImISSIOIIS Oi ihl InSnr~d D 111y and Or Its OIfICCrS rrMmmiry, and wve numbs Ciry from ~ ml anbya~jpny pfeymy woe, kind Cm )~OVCeS, 31'_C'llt$, YOv_emmfl hoard 8114 bOefd members. DI511""ICI Gild (.ItV she~~ ' /~~°M~b~'~Bhl °n fM Or on rmidc each othcr_Irith Ccrtifiatl cs of Insurnncc nainine the other ac additional t~ account ofinjmy (u defined N Covemmmt Coae aedien at0.b) , insured under their I'cs aCCiicC )oicic5 or deli-insurd n~c to the cTtenl that the : oa~neMR~ofanytldng donem Disnicl a ib d n i d m b b ' conduct n m rise_u the claim n the respnnsihilur of the other p nls~ under the tte e o < Y om ~ penoiba in Ae'v use ottlw popmy recmun Lich Pul~'ehall~non,~ ntitily the other ~I my claim oi, t lu me yl lhn \ describes in 5xhibitAofNis Agramana _ l ails i~asonahl~ h~hcvcs nt l~- ~i<c rise Lo a claim of an_~ ruuircncc Ilh ich Ihc PoamaaeE: aulkK aM Numbering , ~Delatlfl: (SR0/1955.DOCi ,io., t,,:. nur_ gage 3 of 6 g 3o b a8e~~ xni'~ i r, rlis' 7J~S [950171 W DJ' SL t SOC _- _ _ '~ hoass6iwasl :pwwap '; <aau l - ss~u!s^ ~. _-- _-_ ~ S fl'luapuauwx n5 lurgslssy lauislQ looyag y8!H uo!un I1a4~8~ :ol luas a4 lle4s lalJ3slQ °7 ~!3oN 6558-898~80b)~~3 69Z1-898180b)~aUO4d OL056 tl~ `e8o3eleS anuany alenl!FUd LLL£ I e8ola.ISg3o ~3!~ K~l~ ~cu~ :ol.fdoo a yl!M I8Z1-898~80b):x¢d lbZl-898 ~80b) cauoyd OL056 tl~ 's8o3edeS anuany alanl!IUd LLL£I S~O3e18S`30 ~ll'J doJOanQ sK.IOM o!l4nd auogday~ uyof :ol 31IaS a4 Ileys eC31~ of saa!3ox -- -~~ •631ed 8utn!aoaJ ayl3o ssalppe ayi o3 palanyap se,u 8uy!ew ayl 3eyl saieo!pu! Jawea eaR>e ~~ ---- ----. ' ssaddxa 31Fdwano ao ,Cluoy3na lelsod ayl yo!yM uodn a3ep ayi io uostad u! paun4ap a3ep tuxuaa~t ~,. siy,olwxgnsaaeavaylre4,:www; ay3 uo pan!aaai pus van18 uaaq ane4 0l P~aP a4llsys aaµou ayy •,uolaq pag!aads ___ ~~ayl•(a)I~acnaenuaaea j ssa.Ippe ayi o3 palaadlp Jawea ssaddxa l48!uaano ~Cq do `paisanbad 3d!aaaa wnia~ `I!ew m~reanpl ylus aauepwoae uI ;payMaa ~1 . Pa3!~o '!4 `~Ilsuosdad .Iayl!a uan!8 aq ,(ew pus 8ugwu w aq flays luauJaaJBy s!yl 30 __-__ --- _-_ - - - ww!4xa '~ suJJa3 ayl 43!M aolmgdwoo s,~CUed a 8u!waauoa uoyeaiunwwoa io saayon 1lV 'saapoN '6 . u!F'aquasaP dwGnd>yl Fe Ap dq' ' ''., palonpuoo svredtotl ay1» saoy!og ay1 '~, '. '~ Ju leaw~8eaew» uamgs!u!urye ayl Jo '' ' 'iuauJaa.18e ayl3o .Iea,C isiF~ ayl3o P°a ay3 0l doud .Cl!~ 03 aoi3ou uallun j moamnmdyea+a41!aleu![dewielaeul ', ' - s,C¢P 09 8u!n!8 ,fq Janaosleym uoseaJ ,fus Jo3 aleu!wlal ,few lau3s!Q `~Sluo .ISa,C is1j ayl ' asu anEl dewswilaq Nqe~»dUnd! ;yl ya!yro »w,waan dueio»w!elo '~ 3o pua ay3 3y 'yaeaaq ay33o lau-s3p wod3 aaUOU 3o s<eP 06 u!47!n+.f3!~ ,fq palm uaaq y' ~v; ~ I ~ ~ i leuaiew a 30 Juana ayl u! luawaa8e s!y3 a3su!uual lg iou say yosalq ya!y,n ,Q!~ ~q yasa ~ na , e l a sa ayl spun dlred nylo oyl3u gyp!suaasv ; - y oafs ,(ew 3al~islQ •saUin!3os WI1151`~ 303 papaan 51 'll )U iIP~T ~1lIP .10 'Y,JJV JS(~ Jl~l Jr '~ ayl s! w!qa ayl of atu 8uu®~ wMU»ay1 my11roIXa ayl of saia!~oa ( 4 3 yi 8uunp aw!7 ,(ue le'uon~~osip a~os sF~ uT'sauluualaP lal~lslQ luawaaJ.48 a 1 O n1IaJ a ' »~waas:A,!ayl,apw~pam~u<I.e~nwae', ' ay331 aa!3ou ,s~CeP 091a~e 3uawaai8s s!yl alewuual dew 1a1~)s!Q ~4.L 'oolleulm.tay 'g '. n;+a4w ayF 8umreu'»wnsulJ°''~ ~ '~, sareuyw:q W!^s y4w 4aea apuwG 1leya i '. q!~p,m~.wl,F.w~,,,m,n:e,r,Ipaa„m'; 'saa!nJagssawsng`luapua3uuadnS we.c~eolanpwyway,is~ea:!m~ '~ .Few mlp eO~U1g11eJn AI~Y a1P a~BM; iusls!ssN ay3 ,iq 3al~lslQ 3° 3lsyaq uo paJalsw!wpe a4 Ileys luawaaJBy s!yy •q yxa PwFNU P~ra!O 'Y1RC nyw alP f i sPF wags ;n »uemsves m'»uenmu!~a '10 I Q I~1 'aauen;sw uaglo.(ue ylpv.8vgngsqaw li FouPtledmwwagmysiaeemsu! , . s>(JOM 01I4nd a47 ~9 ~l!~ 30 3leyaq uo paaa3s!u!wps aq flays 3uawaad8y s!43, •e ~',, ya!yx, uuoJ »uauua» uo dmM Q!W9 ', Um!'1 al8n!S Wu!gmoJ (P00'000'ZY) setpop my~!m axa iregl ssai wa '~,, •ooP~3slulWPtl laed/ooh 'L Jn f1!w4 41!~* Iua~uinW q! w „»IBIDSU! '~, JIa4.8mpryam'»uunsm,g9!T9 a49ntl ', ', meN!ew l~eye dues yx3 :pgMap I ~+ uqu~~7 ui poyi n.op ~uoF o mp le n1~J ^9 P~l~npuo~ s1ueJ';oTe ayi io SJII~~Oe~ JI{7 )O I^)UIJ ~RUPU1 10 ^O1~C.gSIn IUI~^ Jyl l0 l00 Tl pi5110 Lied IJ l~lla 15Ulent! 3235 Union Avenue San Jose, CA 95070 Phone: (40g) 371-0960 ]0. Successors and assigns. Crtv shall not assien amp of its riehis or ohli~>ations under this Agreement H'ithom the ceuress ~~~rittcn aulhori iauon ui the Disiria. This Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto. Inteerotinn. this ,4 crccmcm is intended b~~ the I';inics us the final cs Hrossion of thcii tn~rcemem wide res cci _I,o such ici a es,gtrr included herein and as complete and crcRisis~c statement of its terms and mas_____noi he contradicted br evideece of en_~ior ayrccmcnl or of a conicmPOrancou+ oral :I^rc~mcnL norJ>laincd or suPplcmuitcd by cridence of consismnt _idditirnial terms. 12. Amendments. 'this Acrccmcnt cannot be chanced or suoHlcmcnred ordh~ and may be modified nr suuerseded on h~ b~- ~~ rilicn insh'umenl c~ecutcd by both Harries. 13 Interpretation. Each of ilic Parties acknoroled~~es and aerees thw this Aerecmeni is an accord '.md a+titil.:ction u, be consrrucd ~as ~,~ ~~holc accord- imp to its fair mcanine and not in tarot of nor aeuinst am- ul the P:n'ticc ac di <dlsnum or otherwise. 14 forum 4nv action or Hroceedim~ scckin^ nnv relief under or w-ith respect to this .4 crccmcnl shall be bow eht solely in Supci.ior Com~i of the Stare of Qtlitornia Count~~ of Santa Clara. I G ('hoicc ol" I •t + -hh ~ A~~r ~cm ~nt sh~dl be eoccrnai by and interpret cd under the laws of Calilornia ~ipphcablc in ins;uvmcttis, ncrsons, Iransnciinns and subicct matter which bare Ic ~a~ contacts and relationships exclusfvcly rviihin the State o>f Californin. IG Cnuulerpa rls. This Agreement naav be czcculcd in counlemarls each of which shall conslitutc an on einal of the Am~ecmcnt. Facsimile sign stare paces Transmitted to other Painic to this Aerccmcnit_shall be deemed cguir_dcnl to original sienamres on axmlCiparts. 17 Corcrnin~ Board 1HP~"aril or Ratilicatiun phis Aerccmcm gill become bindinc and c.ifccjlcc on~_upon 1~1~gval ~r i nilicalion bs IhC Ihstrici s (xr ~.crn inc Cintird_ II FAuthority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last signed below. ', oebae: isaoatvss.poct I ~, si<~ y ~ ~as. u~,~ ~~page 5 of 6 pOSi]5.000UI/105635v2 y,Io ga8e~' goo>:ainisi~ s~sexoinooo~'susa t~oa~sscuoasi :pwaNO l e8o3eteS)o ~3~~ ~o3,(awo33V xozxtli s a~3tlHOm ~aa.ctla {NUOd O.l SV Q9~IONddY ~aJeueyy ~3l~ `uostapuy aneQ :,Cg tl~O.GtlNtlS.~O [.LIB ~a~3.tla :,Cg _ :Q3.LVQ .L~RIJ.S-Q 700H~S HJIH NOIN(1 '1'I3fldWtl,7 Exhibit A ~~:; ~_~ ~•3 ~~ L ~~~_~ .; & e~ ,~ ~_, a r : ~t -s a` ~. -. ~< tr Playfield ij ~ ~y s y A r f :* ~#~ , k ~A ,~ ,.~ ~ y , '~ ~.°~, ~ _~ ' ,fir '/~` ~ _:~ ~~~'s ~`~ ~ 7~ ~. E° 3 .::~;, as 930 1 a~ed[~oa ssbivoasl of 1aaCgns aq [[sqs ease 3utxazd aql 3o asn ssaas ~utxisd aql 3o asn pazsgs pue P[aJ 3an1 aql 3o asn an~snCaxa aql of PallAua aq [jegs ~li~ aql spouad asn ~uunQ 'a ~aau~~sap zo saainias ssauisngdo luapualuuadnS luels[ssy aql pue ~1~~ aql ~o d[sgaq uo (aau3~sap s~.[olaazcQ aql so) IolaanQ s~.~orn agq°d ~T~J aql ~Cq pau~~s laamaal3s calla[ s 3o uuo3 aql ut salep a[geaai~e ~([[snlnm uo luauiaa~~s aiagl algsizowaux [[eqs louls[Q pue ~h~ aql `g l~q~uxg uo un~ogs asogl of uogippe m spo~ad asn sasodo~d ~1~~ aql 3I ~satlgias3 asagl ~o asn s~latzlsiQ aql glr,a sa~a~aalu[ saiy asn aql ~o asn pa[npagas ~~n aql ssa[un paldops aq t[egs pve pozaad asn agl3o lvauiaouauiuioa aql of zoud s~CeP ~0£) ~Cingl lseai le ~1~~ aql ~q pagsru.md aq jCsgs aogou gans g l~q~gxg uo umogs spo~iad asn aql 3upnp sa~gae~d pue sams~ lob a[npagas aql (q) pue saiy asn aql ~o asn slt do salsp 4uipua pue 9viusls ayiaads palsd[aque aql (e) of se laulscQ aql ur~odu~ [Celts ~h~ aql `zage rso:< gaea ~o is [ aunt ~Cq pue luawaazAy stgl ~o alsQ angaa~g aq1 }o s~CsP 0£ u~ql?M 'q ~saay asn agl3o laulsiQ aql ~q asn qhM a~a3ialui 1ou saop asn ~1~~ gans se duo[ se '~Cp,~ pue laulsiQ ~Cq uodn paa.~e ~C[[snlnw aq ~Ssux se sauail pue s~Csp aaglo gans is pue (•spoua,3 asn„) II uq~gxg uo uroogs sawq pue s~Cep aql ^o y l!q!gxg uo uroogs sa.ay asn oq1 asn of lq$u aql ansq [[sqs Fl~~ aql luauwa~y s~gl3o anal aql ~uunQ 's Z^%950V LOOOOTL I S00 'asn Io swaaf, pue aui~y •z suual asa~S-auo [suogipps anti io3 suo~upuoa class aql uo pan~auai aq ~Ceui pue siea~C (Z) on~3o uzial [egcut ue io3 saiusd aqi ~Cq uorlnaaxa uodn angaapa amoaaq CCsgs luawaa~y sigd, •;uawaaa~y,{o waa,I, •I ~SMO'I'10.~ Sty 332IOy O,L3~I~H S3I,L2Iyd ~H:L `d?IOd3iI~H.L `MOAT bas 1a 00601 uoiloas apo~ uorleanpg ~Cq palhuuad n[ssa~dxa ss sa.~y asn aql 3o aausualu[suz pue asn aql ~uiwaauoa suotls9ggo pue slq~ii anilaadsa.~ ~~ayl gsgqslsa of luawaa~~y s~ql alnaaxa of a.~isap laWs~Q pue ~i~ aql `ssa.~agm '~ ~eaiy asn aql ~o slsoa u~ ~uusgs ~hn aql ~Cq lgauaq [[im laulsiQ aql pue `sluana pazius~ao ~1~~ iod lazy asn aql of ssaaae Suineq ~Cq hgauaq C[im ~Cl[unu[u[oa aql `luauiaaidy sigl olur ~urlalua ~Cq `sea.[a[~ 'g («eazy ash„ ~C[anilaa[[oa) ,~b •. uq~gx3 uo un~ogs pue luauaaa.[~e sigl3o laafgns aql ale legl ssair, ~ur~zsd pue p[at~~nl s ~utpn[au~ `saugias3 palanilsuoa seq 1ai11siQ aql gatgm ut `(.~IoogaS q~FH aql„) [oogaS g4il{ laadsoad se umoux `peon laadsoad uo paleao[ `~ilq~asJ [suogsanpa us ~{o ~aun~o si laulsiQ aql `seala~ 'y alae~ ~uGn~o[[o3 aql of aauaia~at ql~ apses st `(~,laulstQ„) `,I,~j~ySIQ'IOOH~S H'.~IH AIOIA[fl '1'[:~BdWVJ Pue `(,~,Cli~>,) uogsaodaoa [edta~unui s `~OO.LF~2I`v'S ,30 1CS.I~ dH:L uaa.~lay pus Cq (_a1sQ angaa33fl„) ` PalsP `.LAI~1U~~2IOy SIH.L """ ~~SIQ 'i00H~S HOIH I~IOII~If1 'I'1dgdL~t~'~ ~S 30 ~I,LI~ dH.L ~IddM,L~g ZudW~d2~0~ ~SII .L~IIOf ~LiaLLiLj~L'~~~J regular parking regulations. At all other times, the Use Area shall remain open for use by the District. City may authorize use of the Use Area pursuant to this Agreement by third parties ("Third Party Users") in a manner consistent with the Civic Center Act (Educ. Code § 38130 et seg.), operating pursuant to a City permit or agreement only if such use by Third Party Users is scheduled by the City in Exhibit B and approved by Assistant Superintendent of Business Services or designee. Any permit or agreement between City and Third Party Users related to the Use Area shall incorporate the terms and obligations of the City in this Agreement. City and District agree that use of the Use Area by organized youth sports groups such as AYSO, CYSA and is consistent with the Civic Center Act. 3. Responsibilities of City. City shall: a. Monitor High School grounds via periodic patrols by County Sheriffs and City of Saratoga Code Enforcement. b. Ensure Third Party Users follow appropriate turf field maintenance practices including: i. Prohibition of all liquids on the artificial turf field and track with the exception of drinking water. ii. No food of any kind on the artificial turf field and track. iii. District's Administrative Regulation (AR) 7112 Caze of Facilities iv. District's AR 3513.2 Pazking v. Other appropriate District and City Regulations c. Issue an encroachment permit to District for maintenance access to District property from City owned right-of--way at San Palo Ct. d. Provide portable restroom facilities (including scheduled sanitation service) for use by City and Third Party Users. City shall lock these restroom facilities following each use of the Use Area and unlock the restroom facilities at the commencement of each use unless otherwise directed by the District. Location of the portable restroom facilities shall be approved by the High School Principal before installation. e. Clean up litter and debris after each use of the Use Area and deposit of all garbage in District trash containers located at the play fields. f Field use monitoring at regular intervals during use periods. g. Unauthorized use of the Use Area by City or Third Party Users may result in a penalty as follows: 1 S` Penalty during season: No use of the Use Area for one week. 2"a Penalty during season: No use of the Use Area for one month. 3`a Penalty during season: No use of the Use Area for the remainder of the season. 005175.00001/105635v2 fsxoaivss.ooc}Page 2 of 6 4. Responsibilities of District. District shall: a. Remove trash from the trash containers located at the turf field and clean up any litter and debris on turf field preceding use of turf field by City. b. Attend apre-season meeting with City for a preseason inspection of the turf field at least 30 days prior to the beginning of the Use Period. c. Provide routine maintenance of the Use Area. Nothing in this Agreement requires the District to provide a new or upgraded turf field or pazking areas. The parties understand that the Use Area is subject to normal weaz and teaz. 5. Service charge. a. In consideration for the use of the turf field and the inkind value of maintenance assistance by the District, the City shall pay a service chazge to the District in the amount of $35.00 per hour or portion thereof that the turf field is used by City or City Third Party Users ("Use Fee"). The Use Fee shall not apply to days cancelled due to inclement weather. b. City shall pay an estimated Use Fee each yeaz no later than July 1 based on the estimated use level expected between July 1 and the following June 30. The estimated Use Fee shall include a credit for any excess payments made for the prior year and shall include an additional payment for the amount of any chazges incurred beyond the estimate for the prior yeaz. 6. Legal Responsibility/Insurance. a. a. City and District agree to indemnify, defend and hold harmless the other party and its respective trustees or directors, agents, officers, employees, governing boazds and boazd members from and against any and all claims, demand, lawsuits or other proceedings, bodily injury, property damages, personal injury and other liabilities and damages, including attorney's fees and costs, arising out of the indemnifying party's alleged or actual omission, act or negligence in the performance or failure to perform its obligations under this Agreement. The indemnity, defense and hold harmless obligations herein set forth shall survive the termination of this Agreement for any alleged or actual omission, act or negligence in the performance or failure to perform its obligations under this Agreement that occuned during the term of this Agreement. b. Each party shall maintain comprehensive general liability or self-insurance with limits of not less than two million dollars ($2,000,000) combined single limit for bodily injury and property damages, written on an occurrence basis which insurance shall be primary for any acts or omissions of the insured party and/or its officers, employees, agents, governing boazd and boazd members. District and City shall provide each other with Certificates of Insurance, naming the other as additional insured under their respective policies or self-insurance to the extent that the conduct giving rise to the claim is the responsibility of the other party under the terms of this Agreement. Each Party shall promptly notify the other of any claim or 305175.00001/105635v2 ~saoai9ss.ooc~Page 3 of 6 of any occurrence which the Party reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by City at the property described in Exhibit A. Contract Administration. a. This Agreement shall be administered on behalf of City by the Public Works Director. b. This Agreement shall be administered on behalf of District by the Assistant Superintendent, Business Services. 8. Termination. The District may terminate this agreement after 60 days' notice if the District determines, in its sole discretion, at any time during the term of the agreement if the Use Area, or any part of it, is needed for District activities. District may also terminate this agreement in the event of a material breach by City which breach has not been cured by City within 90 days of notice from District of the breach. At the end of the first year only, District may terminate for any reason whatsoever by giving 60 days written notice to City prior to the end of the first year of the agreement. 9. Notices. All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 45070 Phone: (408) 868-1241 Fax: (408)868-1281 With a copy to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1269 Fax: (408)868-8559 Notices to District shall be sent to: Campbell Union High School District - ---- - -_ -- _ ___ {seoaivs~oes}l?agP-4ef~ 005175.000OVI056}Sv2 Assistant Superintendent, Business Services 3235 Union Avenue San Jose, CA 95070 Phone: (408) 371-0960 10. Successors and assigns. City shall not assign any of its rights or obligations under this Agreement without the express written authorization of the District. District approval of Third Party Users pursuant to section 2.c of this Agreement shall satisfy this requirement for the purposes of assigning rights of use to Third Party Users. This Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the parties hereto. 11. Infestation. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. 12. Amendments. This Agreement cannot be changed or supplemented orally and maybe modified or superseded only by written instrument executed by both parties. 13. Interpretation. Each of the Parties acknowledges and agrees that this Agreement is an accord and satisfaction to be construed as a whole according to its fair meaning and not in favor of nor against any of the Parties as draftsman or otherwise. 14. Forum. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in Superior Court of the State of California, County of Santa Clara. 15. Choice of Law. This Agreement shall be governed by and interpreted under the laws of California applicable to instruments, persons, transactions and subject matter which have legal contacts and relationships exclusively within the State of California. 16. Counteraarts. This Agreement maybe executed in counterparts, each of which shall constitute an original of the Agreement. Facsimile signature pages transmitted to other Parties to this Agreement shall be deemed equivalent to original signatures on counterparts. 17. Governins Board Aaaroval or RatiTication. This Agreement will become binding and effective only upon approval or ratification by the District's Governing Board. 18. Authority. Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. oos~~s.oooovio,e3svz {sROat9ss.~oc}Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last signed below. DATED: DATED: CAMPBELL UNION HIGH SCHOOL DISTRICT By: CITY OF SARATOGA By: Dave Anderson, City Manager DATED: APPROVED AS TO FORM: RICHARD S. TAYLOR Attorney for City of Saratoga oosns.ooooviose3s~z -~sROaa-9ss.ooc~Page 6 of 6 SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 AGENDA ITEM: l /^ ORIGINATING DEPT: Public Works CITY MANAG -)$)Y PREPARED BY: ~-- DEPT HEAD: V Kristin Bore Jo Cherbone Administrative Analyst Director o Public Works SUBJECT: Motor Vehicle (MV) Resolution authorizing installation of a stop sign. RECOMMENDED ACTION: Move to adapt Motor Vehicle Resolution authorizing the installation of a stop sign on Marilyn Lane at the intersection of Ravenwood Drive. REPORT SUMMARY: Recently the City received a request to place a stop sign at the corner of Marilyn Lane where it meets Ravenwood Drive. The intersection is in close proximity to Marshall Lane Elementary School andhas a lazge volume of vehicle and pedestrian traffic. The Traffic Safety Commission and Traffic Engineer reviewed this request at their November 9, 2006 meeting and determined that a stop sign was warranted and would enhance pedestrian safety along this corridor. It is therefore recommended that a stop sign be placed on Marilyn Lane. In order to enforce the stop sign, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials for the City to install the stop sign. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and stopping at the intersection would not be required. ALTERNATIVE ACTION(S): None. ]FOLLOW UP ACTION(S): '['he stop sign will be installed and the Sheriff s Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Motor Vehicle Resolution authorizing stop sign 2. Map 2 of 2 RESOLUTION NO. MV- RESOLUTION AUTHORIZING A STOP SIGN ON MARILYN LANE The City Council of the City of Saratoga hereby resolves as follows: Section I: Based upon an engineering and traffic study, the following stop sign shall be placed on Marilyn Lane: NAME OF STREET DESCRIPTION RESTRICTION 'i Marilyn Lane A stop sign to be place on Marilyn Lane Complete stop for on the east side of the north bound lane vehicular traffic at where it intersects with Ravenwood Drive intersection This resolution shall become effective at such time as the signs andlor markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 20th day of December, 2006, by the following vote: AYES: NOES: ASSENT: ATTEST: Aileen Kao, Mayor Cathleen Boyer, City Clerk H1a0N ~aa~ - OOZ OS6 006 05 SZ 0 u~iS doffs aua~ u~C~iaaw SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 AGENDA ITEM: ~~ ORIGINATING DE 'ty Mana er's Office CITY MAN ~ ^ PREPARED BY: DEPT HE Du ' Cath en Boyer, City Clerk Dave Anderson, City Manager (~_ SUBJECT: National Incident Management System (NIMS) Adoption RECOMMENDED ACTION: That City Council adopt the attached resolution approving the adoption of the National Incident Management System and its integration with the California Standardized Emergency Management System into the City's Emergency Operation Plan (EOP). REPORT SUMMARY: Pursuant to Homeland Security Presidential Directive (HSPD)-5, "Management of Domestic Incidents", the federal Department of Homeland Security (DHS) developed the National Incident Management System (NIMS). NIMS ensures that all levels of government across the nation have the capability to work efficiently and effectively together, using a national approach to domestic incident management. This directive also requires that federal preparedness assistance funding for local jurisdictions be dependent on NIMS compliance and adoption. The NIMS requires revisions and updates to the City's Emergency Operations Plan (EOP), departmental operations plans, and policies/procedures relevant to emergency operations. The City's most recent EOP was adopted in 2004 and is compliant with the State of California's Standardized Emergency Management System (BEMs). The established SEMS response system on which NIMS was based provides the means for meeting NIMS requirements. The City's Emergency Operations Plan will formally integrate NIMS during the 2007 revision. It is staff's recommendation that City Council adopt the attached resolution approving the adoption of the National Incident Management System and its integration into the City's Standardized Emergency Management System. Adoption and implementation of NIMS will ensure that the City will be eligible to apply for federal preparedness assistance funds. FISCAL IMPACTS: None directly related to the adoption of this plan. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not be in compliance with the HSPD-5 and therefore would not qualify for Homeland Security grants. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Provide a certified copy of the resolution to Jim Yoke, Emergency Services Coordinator. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A -Resolution RESOLUTION NO. OS-37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) WHEREAS, the City Council of the City of Saratoga finds that the potential exists for a .major catastrophe due to an earthquake, flood, fire, terrorism other natural or technological disaster, and WHEREAS, the City Council has adopted the Standazdized Emergency Management System in accordance with Government Code Section 8607(e) and established a single operational azea pursuant to California Code of Regulations, Title 19, Section 2409 (b) and (d), and WHEREAS, the President of the United States of America, in Homeland Security Presidential Directives - 5 and 8, has directed the Secretary of the Department of Homeland Security to enhance the ability of state and local governments to respond to disasters, to improve abilities to deliver assistance, and to establish a single comprehensive national incident management system, and WHEREAS, the State of California, through Executive Order S-2-O5, has identified that California state and local emergency management professionals have contributed their expertise to the development of the new National Incident Management System and has stated that the Standardized Emergency Management System substantially meets the objectives of the National Incident Management System, and WHEREAS, it is essential for responding to disasters and securing the homeland that federal, state, and local organizations utilize Standazdized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SARATOGA DOES: 1. Authorize the adoption of the National Incident Management System (NIMS) as the official regulatory guidance for emergency response, prepazedness, mitigation, prevention and recovery within the City of Sazatoga. PASSED AND ADOPTED by the City Council of the City of Saratoga this 20`h day of December, 2006, by the following vote: AYES: NOES: ABSTAIN ABSENT: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL MEETING DATE: December 20.2006 AGENDA ITEM: ~~ ORIGINATING DEPT: Public Works CITY MANAGE PREPARED BY: Moreau Kessler ~2 j" DEPT HEAD: J h her e 1. Q Sr a SUBJECT: Saratoga-Sunnyvale Road Rehabilitation & Overlay Project (Federal Project STPL-5332-088) -Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare Top Grade Construction, Inc. of Livermore to be the lowest responsible bidder on the project. 2. Move to awazd a construction contract to Top Grade Construction, Inc. in the amount of $518,340. 3. Move to authorize additional work in the amount of $80,327. 4. Move to authorize staff to execute change orders to the contract up to $25,000. 5. Adopt Budget Resolution. REPORT SUMMARY: Sealed bids for the Saratoga-Sunnyvale Road Rehabilitation & Overlay Project were opened on Thursday, November 28~'. A total of eight contractors submitted bids and a summary of the bids received is attached (Attachment 1). Top Grade Construction, Inc. of Livermore submitted the lowest bid of $518,340, which is 12% below the Engineer's Estimate of $585,919. Bid amounts were competitive and were quite favorable considering current petroleum prices. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated October 30`h, 2006. The majority of this project is funded on a reimbursement basis through a Federal STP grant, with the City contributing a mandatory 11.47% local match. This local match is a condition for receiving Federal funds. Additional funds to the current amount will be available in FY 07/08, and will be used to perform further paving work under a sepazate future contract. The current funding program is broken down as follows: Reimbursable Amount (Federal Grant): $530,000 Local Match (City's 11.47% Non-Reimbursable Contribution): $68 667 Total Program Amount: $598,667 The scope of work for this phase of construction includes furnishing all materials, equipment, and labor to install asphalt overlay and re-stripe the segment of public roadway along Saratoga- Sunnyvale Road between the UPRR tracks and Blauer Drive. The segment of Blauer Drive to Herriman Drive will be addressed through the second phase of the STP grant, and this phase will be bid sepazately in early 2007. It is therefore recommended City Council declare Top Grade Construction, Inc. to be the lowest responsible bidder on the project, and to awazd a construction contract to this firm in the amount of their bid. Additionally, it is recommended that Council authorize the remainder of the available grant program funds to be used for additional work on the project in the amount of $80,327. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $25,000 to cover any unforeseen circumstances which may azise during the course of the project. FISCAL IMPACTS: The adopted Pavement Management Program budget covers the funding for this project. This project will be reimbursed minus the local match through aState/Federal STP grant at the completion of the project in the amount of $530,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Top Grade Construction, Inc. will not be declazed the lowest responsible bidder and a construction contract will not be awazded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding the project due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed within 45 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary 2. Budget Resolution N I T J O N r z Ti OT N T Z ~ z X?n ~i ~i~yrn: Ni0 ~p0 Ayt< ~~ O T T~ N X n ~ ~pmN NITD W N p W N~ O N N NO ~ ro ~ m N (p W O~ N tmT ~ m .~ N p N p ~~ W p S N N N O O O 8 N S O r ~ r O r ~Z 2 m~n f~iitt i z i 3 T T ~'~~n~'~"S">y ~ y D ~ y ~ .'i '~ -1 (~ O ~ Z ^n'1 (fln1 tirr~ 2N.ipSTZZ~I~f=IlpnTy9TOtn2mTJ~gg~~gbr~^v~= n~mN~m~~mAOAmmm = mr7J~mA>c 3.Tm m-lymi ~nl ~i~+S~~~T A-IOA'ON Z~ ~f/~ASNp;q~ (ICJ .9Z -t -I-1 ry~ti0 3-thy Z~N~ N O ~ ~ th~~G G1 A`~oN~om~oczifp~'~°''~°v~~~z_~~v,m $o~_OOT'nDZ2 m29tip Ap ~. ~ r ym ~-( V ~ 2-1 Z _ C C q~ -~ACmma ply ~~n~v"^~~^~~ m~AOti g:yZm~~~'!NAYAi~A~ A~ «~zm~zm-~m"~~s~'v ~nG1A ij9 l~ pANm<CC'~mm y~1 Z- C)- A m A r<mZ th C "i-1 rmn0-i tj~^C1pnn ON2 m Otn T^~y~mNi m~L-~~mmmm O O to T Ztn.~ T Z~ N r~ - A~ m p m .~v m~ A T A A m`G A m N~ Z x "~Zn z()A~~++AA mp- X~ r~ mV ~^~z$mrPmrvtp m~ OvZth v_ cnzm, zmoz 'sp' ~c~ m 'p 'O n ~ - 't1 _ Z -i A Z c~ Z y'i nA_mAZCpz ttrny mz0 ptttn m G~c]C>I '~=ZNm4Z]my~ In Gpp G~ X~m[1p1 ~0ttyy~~~~;; pt~tyy~~r0 pZ~Pp pG ~AO< BIZ N2~tAn- 'Oy`ODSmy'~ ~~ ZmAO~Otm.+~Ocn ~_ v~~~~ ~w rm ~yy~ N to TDD r T ~ ~3 Yr "'~ ~ r W~ a ~~ 3 Z N N I^ N 5&wY y'D 5 R m P 9 N IWp + V N Q~ ~ C 'j O O 0 0 ~ S ~ P A N + O ' S - ( p 1D O ~p O+ 1 S 8 8 00 p 0 N f0 N O ~ ~ w O p S O p p O O S p O p O O , O O O S p O ~ p O p O S p e 8 S S p 8 p 8 S p 8 N (J S 0 0 O W W + W N N N N J N W w + V T lD N O A A p OWi ~ p 0 ~S q p pp~ Np S y O N N p p O epp pppp e ~CN ~~ pppp ON ~~ 0 88 88 00 (pyy (p 0 0 ~p1 ~p 0 N 8 O $ 0 8 ° 0 °8 0 8 O 8 O 8 O 8 8 O 8 $ O 8 O 8 5 8$ $8 $ 8$ $ 8 $ 8 8 0 0 n ~ p O p 0 qp S ~ NN + O 1~ B8Opp O O pp O~ {{~~ O qpNqp BN O O Np+Np C O~ f l~ N (9(~~ C I P w• $ 0 $ 0 58 0 8 8 S A o A o N ~ o $ $ 5 $$ $8 8 5$ 8 8 8 $ 8 s 8 A W -+ A N O+ m m 0 A N N N W A N A N VWi O ~_ p pp p S S p S ~ pp N SS N O O O p pm O O 8 O ~ p~~ ((p O 8 S O p ppp~~ O S ~pp ~ O pp ~ O 8 oO Oo O O Oo O O o O oO O o O oO O o O O o O o O o o O 8 O o S 8 o o S 8 O S o S 8 o S S o S O O O Y O O S O + S O O O O S O O ~ P O + ~ ~ ~ w o O B pO O O S p p oA A O N S +p O t p O p O S S S p p O O S p O S S ;p O p S O p O O S O O O O V y N + 1 V V yN~ d N V ~ ti O_ d O S 4gpt pp~ 4f O + pw~ tNT {tTT UpI N 8li 8N p 0 O 8± 0 0 8 0 8 0 ~ 8 0 0 p 0 S 0 S O O O $ O O O 5 O $ O 8 S O 8 O $ O 5 O $ O 0 $ 0 58 85 85 8 88 8 8 $8 $ S 88 0 9 C ~ m m p p w NN N88 mm N qq~yy N f O 88T NpNNp ~ -N ~~pp O _ ~_ ~ ^ ~ C w O O 0 0 S O 0 5 S O O S O S A S P S N O p+ O p O p+ O 0 0 S O f l y p O S N p O S p O 0 p 0 S O S J { S N O O Y= S ' ~ • ~ N y w ~ ~ y w W N + W N {O/p~ pN T S N A O NW N b8~ V S !mpO ~pNp O Np A N d ~ O O y O O y O S S S p O p O O O O O S O O S O O O O O O 8 8 58 85 8 8 8 8 8 0 8 8 $ 8 5 8 5 8 8 88 8 8 88 0 a ' A w C ~ N j + + N N ~ pa pp (~ p yJ ~ ~ yp yp O N N w N ~ fy W ~• ` + ' pm w pm pW 0 [pll N S N O N O N N + N + O N "~ S O , S A S A O A S N S S S S + A O m O O p p O p O d 1 I 0 ~ ~ N N W V m V N + + N W A 0 10 N A A W N WW ~ p V m O ~ p N p U T pp11 pp ~ O AO t W {~~ { O ~ p(ppp ( O O WW m ~ ~ f A P ~ m Ol O O S Ce S i O Op S Op O S S O O S i 4 S O S p O S O S p O p O p O S S p O p O S p O p O p O S O O M b O Obi W u M J RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET OF THE CITY OF SARATOGA FOR FISCAL YEAR 2006-2007 TO PROVIDE FUNDING FOR PAVEMENT MANAGEMENT WHEREAS, the City Council desires to maintain City Streets through the City's Pavement Management Program; and WHEREAS, it is necessary to approve Budget Adjustment No. 29 to Fiscal Year 2006- 07 as follows: Account Description Account# Amount Increase Revenue 150-3015-433-0100 +$530,000 Increase Contract Services 150-3015-532-5431 +$445,800 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sazatoga hereby approves Budget Adjustment No. 25 to Fiscal Yeaz 2006-07. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regulaz meeting of the Saratoga City Council held on the 20th day of December 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Aileen Kao, Mayor City of Saratoga Attest: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL 2L MEETING DATE: December 20, 2006 AGENDA ITEM: ORIGINATING DEPT: Public Wor~~ks~~ CITY MANAGE PREPARED BY: Moraan Kessler N"lK/ DEPT HEAD: Jo n C bo e ~~%% ~ ri SUBJECT: 2006/07 Stormdrain Repair and Upgrade Project -Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare Furlo & Furlo of Los Gatos to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Furlo & Furlo in the amount of $181,900. 3. Move to authorize additional work in the amount of $10,000. 4. Move to authorize staff to execute change orders to the contract up to $36,000. REPORT SUMMARY: Sealed bids for the 2006/07 Stormdrain Repair and Upgrade Project were opened on Wednesday, November 21 s`. A total of two contractors submitted bids, and a summary of the bids received is attached (Attachment 1). Furlo & Furlo submitted the lowest bid of $181,900.00, which is 2°l0 below the Engineer's Estimate of $186,000.00. Staff has carefully checked the bid along with the listed references and has detemuned that the bid is responsive to the Notice Inviting Sealed Bids dated November 6`h, 2006. The scope of work includes famishing all materials, equipment, and labor to repair and upgrade stormdrain facilities at various locations throughout the City (see attached location map). The upgrade portion involves the installation of approximately 1,4001ineal feet of new stormdrain line, including catch basins and manholes. Repair of existing pipelines will also be performed. Additionally, underground work associated with the Pierce Road & Sazatoga-Sunnyvale Road intersection improvement will be done at a cost of $10,000. It is therefore recommended that City Council declaze Furlo & Fwlo to be the lowest responsible bidder on the project, and to awazd a construction contract to this firm in the amount of their bid, plus an additional $10,000 to cover work at the Pierce Road &Saratoga-Sunnyvale Road intersection. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $36,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for this work is covered in the adopted CIP program. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Furlo & Furlo will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Counci] may make specific findings to declaze another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re-bid the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding the project due to the competitive nature of the current bids received. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed within 45 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary 2. Location Map C s ~c Ov C N h ~ O E q F = v U m °o $ °o °o °o o° 0 0 0 0 0 0 ' O ~ 00 O ~ N IE W N f7 O m tp vO a e m H a c 0 ~ 9 p S O O p S o 0 ~~ V O o 0 °m O O rt~a °° ~ v ° M m u ~ A d OD N m O ~ pOp O ~O~pp V f0 W th ' O N e~ V t7 f0p aD IA A O H o ° ° g o ° o o o O OD N O O O O ~ = V ~ m ~ m °m ~i LL C ~ m~a O ~ N ~ ~ O ~ GO N 0 LL p p p p S ' 8 8 O O O O ~ 1n O O 1A In I m m a I m o ' ' ~ d A E ~ ~ ~ $ g gg ~ g m S `y y ., c O ~' ' t°c t°c v 'n ° ~a m w ~ ' Q' A U > O d U ak ~ O F o c a > o o c C O ? O a a W .` ~ ~ ~ N - m J J j ~ p a >> jp > > • U j ~ C m •C C ~ N C C ^ C ~ L ' N ~Vl C f/! C C C ~ L m m `~ m 0 0 I r t a i r E E ~ U 2 i U U d d d I I V C J J J J J J~ I O = ~ o N N K ~ d a ~ C a m ~ q a C7 0 7' N M O IA l0 d O O ' ~ Z m d O - a m 0 O 0 O) n v N N O O O O W r ~afoad a-~eda?~ ~ i~a vuao~S 9~~Z ~ a ~a6d n u , p pu p SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 ORIGINATING DEPT: ~ty'Mana er's Office PREPARED BY: AGENDA ITEM: ~ • " ~ CITY MANAGE DEPT HEAD: (((JJJ___ Cathleen Bover. City Jerk SUBJECT: 2007 Hazardous Vegetation Program Commencement Resolution RECOMMENDED ACTION: Adopt resolution. REPORT SUMMARY: The attached resolution represents the first step in Saratoga's Hazardous Vegetation Abatement Program administered by the Office of the Agricultural Commissioner. The Commissioner has determined that the parcels in Saratoga on the attached list have excessive weed growth which is afire hazard or otherwise noxious or dangerous. It would be appropriate at this time for the City Council to adopt the resolution setting the public hearing for hazardous vegetation abatement for January 17, 2007. FISCAL IMPACTS: No fiscal impact to the City of Saratoga if the resolution is adopted. Santa Clara County recovers its costs from the administrative portion of the fee charged to property owners. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The County could not perform hazardous vegetation abatement. It would be necessary to depend upon property owners to take care of their own abatement. ALTERNATIVE ACTION: N/A FOLLOW UP ACTIONS: The County sends the property owners of the parcels three notices informing them that the hazardous vegetation must be abated, either by the owners or by the County; when County abatement will commence if work is not performed by the property owner; and how they may present any objections at the public hearing. The public hearing is noticed in the Saratoga News as well. After the public hearing, the Council passes another resolution ordering abatement on properties whose owners did not object or whose objections the Council felt were invalid. slaoied3o is?Z - g luautgaelly uo?lniosag - y luaun{azuy ~S.LAi~L~IH~~'.L.LV siaumo ~iuadoid paloa33E agl3o Iin of saa?lou lno I?euz IIcM ~Sluno~ aqZ •n+el ,Cq pa.~mbai ss LOOZ `£ ,C.~nuep uo smaN~zes aql u? pags?Ignd aq II?n~ 8uueaH ollgnd 3o ao?loN y ~.L~`v.LAiO~ ~I'IgRd Q~I`~ ~AII~I.LOA? `~AIISI.L2I~AQ~' •sa?uadozd asogl uo suag ~uueloap uo?1nlosaz z sassed `suo?loaCgo Sus $uueaq .gage `I?auno~ aql pue `p?ad uaaq lou aneq slliq luaucalege asogn+ saiuado.~d 3o is?I e glint I?ouno~ aql sluasaid ~Cluno~ aql uagn~ `iaucuzns lxau aaeld axel sdals Ieut3 aqZ RESOLUTION NO. 06- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING HAZARDOUS VEGETATION GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain streets, sidewalks, highway, roads and private property; and WHEREAS, said vegetation attains such growth as to become a fire menace or aze otherwise noxious or dangerous; and WHEREAS, said vegetation constitutes a public nuisance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. That hazardous vegetation does now constitute a public nuisance; 2. That said nuisance exists upon all the streets, sidewalks, highways, roads and private property, more particularly described by common name or by reference to the tract, block, lot, code area and parcel number on the report prepazed by and on file in the Office of the Agricultural Commissioner County Fire Mazshal; 3. That it is ordered that Wednesday, the 17th day of January, 2007, at public hearing during a regulaz meeting which will begin at 7:00 p.m. in the Sazatoga Civic Theater, 13777 Fruitvale Avenue, is hereby fixed as the time and place where objections to the proposed destruction and removal of said vegetation shall be heard and given due consideration; 4. That the Office of the Agricultural Commissioner is hereby designated as the person to cause notice to be given in the manner and form provided in Article 15, Chapter 7 of the Sazatoga Municipal Code, and as the person to hereafter cause abatement of such seasonal and recurring nuisance. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 20`h day of December 2006, by the following vote: AYES: NOES: ABSTAIN ABSENT: Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk (aano) - -- - baS 7,~ 16861 suo:»aS apo,~ ~'jajns pun y!lnay ntu.rojgn,7 ~Cq paatnba.r st aai~ou sry~ .rojtncu,rojpun aSnnBunl ay,L •uo~leiap~suoo anp uani~ pue pisay aq ll~m suo?loafgo nayl uay,~ `pisay aq uea ~allew ayl se ia>;saiayl uoos se io `•w•d OO~L 1e `LOOZ `4-LI ,Ganue(•'.fepsaupaM uo play aq of `s?wo3?leO `s~olereS `and alenl[ru3 LLL£[ le IIeH ~l!a 3o saagwey~ l?ouno~ `l~auno,~ ~cu~ ayl3o ~u?laacu a pualle of pag?lou ,Cga~ay ais luau~alege aauesmu pasodold ayl of uo?laafgo !us ~u?ney szaun+o ,t>,~adoid IId •Palaalloa a.ts saxel led~o?unut ls.~aua~ ya?yn~ uodn llo.r xel lxau ayl uodn palaalloo aq lll^^ pue pled l~lun spuel io slol yans uodn uay a alnl?isuoa ll?n+ lsoa yans pue panouiai are spaan~ p?es `yaiyn~ 30 luoa3 u? so `papualxa se 3oaiayl sauil lol ayl uaannlaq pue ,Cy[adotd yans spu?yaq `,Cue 31 `s,Calls pus luo.~3 u? hails ay13o31ey'auo 8u?ungs ayl pue ~adoid.~?ayl utoi3 sle?ialeut iaylo io ys?ggw to ysn.~q so spaa,~ yans Ile Ao~3sap pus anowaz `,(elap lnoyl?nn `lleys siauMO ~CUadoid legl N3AILJ 2I3H.L2If13 SI ff~I.LO[~I •3oa~ayl uotlan.t;sap pus lsnou~ai ayl ~Cq palegs aq lsnui yaiym `aauss?nu aygnd s salnlllsuoo `hails luaoefps ayl uodn io `,Cl.iadoid mo~i uodn ~u?ls?xa `paq?iasap ia~sa~aq ss sls?ialsw snoia8usp iaylo so suo?lonilsgo `asryai `ysiggnl `spaann lsyl 8u?.isloap uollnlosaz s passsd lrauno~ ~?~ ayl `apo~ ,Cl?~ s8olsieS ayl3o 9.~aldsy~3o II ala?ud of luens~nd `9002 `OZ iaquiaaaQ uo lsyl p(gAIfJ AL3~3H SI 3OLLOI~I spaaM ~oa~saa o~ aoi~oN S l `d~13. County of Santa Clara Department of Agriculture and Environmental Management Weed Abatement Division 1553 Berger Drive Building 1 San losr., CA 95112 (408)282-3]45 Fax (408)286-2460 December ti'", 2006 IMPORTANT NOTICE TO ABATE WEEDS Dear Property Owner, Your jurisdiction, contracts with the County of Santa Clara to operate a Weed Abatement Program to protect your property and the area surrounding it from possible fire. The County is providing this information and notice packet to you as part of the Program. We encourage you to read the information carefully, and do not hesitate to call us for clarification or other information. Your jurisdiction has or will adopt a resolution declaring your property as one that may contain potential fire hazards from weeds or other debris. In addition, your jurisdiction will be conducting a public hearing to consider an abatement order to require you to remove any hazardous vegetation or combustible debris. The public hearing will be held on the date and at the place stated in the attached notice to destroy weeds. The public hearing provides an opportunity for you to raise any objections to the requirement that you remove fire-hazardous vegetation/debris from your property prior to the deadline provided in the attached abatement schedule. If the Weed Abatement Program is approved for your property during the public hearing, the County will be authorized by its contract with the cities, and by state law, to perform an inspection of your property to determine whether or not the property has been cleared of hazards according to Minimum Fire Safety Standards (see enclosed brochure). Inspections will begin after the abatement deadline for your jurisdiction. This notice does not relieve you of your responsibility to complete the necessary work prior to the deadline for your jurisdiction. After the inspection, the County will order necessary abatement work, and have that work completed by a County contractor. The County will choose the least costly method of abatement considering the physical characteristics of your property and environmental concerns. Added to the cost of abatement is a County administrative fee. These fees are detailed in the attached price list. The total amount will be included as a special assessment on your property tax bill following confirmation of the charges by your jurisdiction. Notice of the date of that meeting will be posted at a location prescribed by your jurisdiction (typically at the Civic Center) at least three days prior to the meeting. You can avoid all costs by completing the abatement work yourself according to Minimum Fire Safety Standards (see enclosed brochure) prior to the abatement deadline for your jurisdiction and maintaining the Minimum Fire Safety Standards for the duration of fire season, which typically runs through October. In preparation for this program, please take the time to complete and return the enclosed Reply Form so that we understand your intentions regarding maintenance of your property. Unless you contact this office to indicate otherwise, you will have consented to the entry of authorized personnel on your property for inspection purposes and for any necessary abatement; and, in Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, James T. Beall, Jr., Liz Kniss County Executive: Peter Kutras, Jr. e~e~~ a;ueg;o R3uno~ ~auoissiwwo~ ~e~n;~nou6y anoyuasseM ue 6a~~ '~(~a~aowg 'Sbl£-Z8Z ~SOb) ~e we~6ad luawa;eqy paaM ,L;uno~ e~e~~ elueg ay; peo asea~d 'sp~epue;g and wnwiuiw ay; y;inn aoueydwoo anaiyoe nog( dray o; aoinpe alis-uo paau ~o ~(uadad ono.(;noge suoi;sanb ~tue aney nog( ;~ •~ea~( ay; 6uunp sawn Ile ;e a~g ww; a;es aye sai}~adad ~~e ;et'; a~nsua o; ani~afgo ono si;i pue 'sp~epue~g ~(;a;eg a~i9 wnwiwW ay; y;inn aouei~dwoo tielun~on si ~eo6 ~np •~(Uadad ay; o; passasse sa6~eyo;uawa;eqe p~ezey ~~e ~o; a~gei~ aq ~~inn noR 'uoi;oe siyl 6w~e;;not';iM •a~es ;o ;uawaa~6e ~no~ ui s;soo ;uawa;eqe Rue ~(ed o; uoi;e6i~go aye apn~oui o; pue aaunno nnau ay; ~(;i;ou o; ~(;i~igisuodsa~ ~no~( si 3! '~aga~ sly;;o a~ep ay; ~aue ~(}~adad ~no~ pas noR;~ ~(~aleipawwi ~(;uno~ ay; R;gou asea~d '6uipew sly; ~(q payi~uapi ~(}~adad ay;;o ~aunno ay; ~a6uo~ ou aye nog(;~ ~saouewp~o ~eoo~ ~o snne~ of;loads .(q pale~n6a~ aq ~(ew 6w~ea~o uoge;a6an ;o spot';aw ay; '~ewiue ~o pnq ;o saioads paloa;ad gay;o ~(ue ~o s~nno 6uinna~nq ~o; ;eggey a~gissod se pa;eu6isap ease ue u~y;inn spe; ~(pado~d ono.(;~ ~suoile~n6a~ uogoalad ~e;uawuainua a~geoi~dde pe y;inn aouei~dwoo ui aq ~snw ~o~oe~;uoo ~(;uno~ ay; ~q paw~o}~ad;uawa;eqe Rue;eyl a~enne aq aseald •we~6o~d;uawa;eqy paaM ~uno~ e~e~~ a;ueg ay;;noge a~nyoo~8 y ~ •;sib aoud ~(;uno~;ua~~no a pue R;ia ~no~(~o; a~npayog we~6o~d;uawa;eqy paaM y ~ •R~ado~d mop( wa; si~gap ~o uoi;e;a6an snop~ezey;o ~enowa~ pasodo~d ay; o; suoi;oafgo ~(ue aney nog(;~ pua;;e;snw nog(;et'; Bui;aaw ai~gnd Buiwoodn ue;o noR BUIWJO;ui spaaM ~(o~;saa o; aoi;oN y ~ •~(~;dwo~d wn;a~ pue a;a~dwoo asea~d •~adad mop( o; ai;loads w~oj ~(~daa y ~ :uoi;ew~o;ui 6uinnopo; ay; pua pion nog( paso~au3 •uoi;oipsunf ~noR ~o; auppeap ay; ~aue tiessaoau se uoi;e;a6an snop~ezey a;eqe o; paaao~d pim s~o;ae~;uoo ~uno~ •sp~epue;g a;eg acid wnwiuiyy uie;uiew o;tiessaoau se pa;eada~ pue aui~peap ~no~( ago;aq pa;a;dwoa aoueua;uiew ay; aney o; ~(;i~igisuodsa~ sly; wog; nog( asea~a~;ou saop;~as~no~(aoueua;uiew apino~d o; pua;ui nog(;e4; 6uipuodsab •uoseas a~i;;o uoi;e~np ay; ~o; suoi;ipuoo a;es a~i; uie;uiew pue a~npayas ;uawa;eqe ay; uo pa;sib aui~peap ay; ago;aq;uawa;eqe ay; a;a~dwoo o; pa;oadxa aye nog( `;~as~no~( spaann ay; a;eqe o; pua;ui nor(;et'; ~(~da~ ~noR u~ a;eu6isap nog(;~ tiessaoau aye sueaw a~geuosea~ ~analeynn 6wsn ~(}~adad ~no~( 6wssaooe s~o;oe~;uoo ~(;unoo o; 6uiluasuoo aye not 'saipadad pa~oo~;o aseo ay; 2007 Return Reply Form VIPORTANT: Please complete this form and mail back to the Agricultural TRA: ,:ommissioner's Office no later than JANUARY 15, 2007. Thank you. Please check the box that applies for each parcel (see exolanations below): Parcel Number Site Address A B C /~ I am no longer the owner of this property, and the new owner information is listed below. Please return Reply Form immediately. B 1 intend to maintain this parcel in a manner consistent with the Minimum Fire Safety Standards from through the end of the fire season. qll parcels on the abatement list remain subject to inspection to ascertain compliance. Non-compliance will result in the abatement of eeds by the County contractor and the resulting charges added to the property tax. (; I request that the County Contractor perform weed abatement work on this parcel. Charges for this work will be added to my property tax bill. Work may commence on or about March 1st, 2007. Please provide any additional information such as new owners, presence of piping, irrigation, crops or other improvement. If your property is fenced/locked, please provide instructions on how to enter the property. If you are no longer the owner of the property identified by this mailing, please notify the County immediately. If you sell your property after December 1st ,2006, it is your responsibility to notify the new owner and to include the obligation to pay any abatement costs in your agreement of sale. Without taking this action, you will be liable for all hazard abatement charges assessed to the property. Thank you. 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RECOMMENDED ACTION: Conduct Public Hearing and introduce and waive first reading of ordinance regarding signs in Congress Springs Park and direct staff to place ordinance on consent calendar for final adoption. REPORT SUMMARY: At the October 18, 2006 City Council meeting, the City Council directed staff to prepare an ordinance amendment for Council consideration that would allow the posting of signs in City parks. Council considered an amendment at its meeting of November 1, 2006 and directed staff to prepare a revised ordinance amendment that would retain the existing limits on signs in City parks but allow an exception at Congress Springs Park in light of that park's primary use as a team sports facility. The ordinance is attached. BACKGROUND: Testimony and Council discussion at the November 1 meeting indicated that Congress Springs Park is designed and developed primarily for youth team sports and that those park uses contribute to a safe and healthy community. Park users indicated that there is a tradition of allowing sponsorship signs at youth sporting events at Congress Springs Park and in neighboring communities and these sponsorships enable high quality youth sports to be provided. In addition, users and staff have noted that signs and posters provide safety warnings, instructions, and other information to the parents and families of youth sport participants and others attending such events, in order to provide for the safety of those at the park. Concerns were expressed, however, that an undue proliferation of signs could damage the aesthetics of the park or hurt views from Glen Brae Drive. For this reason the ordinance Z •aoueutpzo aq; 8uua;stuiutpe pue sdnoz~ zasn But;eonpa ut panionut aunt;33e;s 3o;unoure autos aq Ilim azagZ ~S.L~~dI~II 'I~~SId •s;uana dnoz~ suods;z su2Ts dTgszosuods ~upsod apnloazd plnom sitl.L •pa8uegoun apo~ ~i~ aq; aneal pue aoueutpzo atla ;dope;ou o;;oaia plnoo Itotmo~ aq; `~Clleui3 •Iez;nau;ua;uoo aq;snot uoisinaz ,Cud •su3rs pauiuuad3o azTS aq; a3uego o; pasinaz aq plnoo;t `uot;ippe ui •~Ized atg ut suits zo3 suoueool pauiuuad3o;s~I atg aonpaz zo o; ppe o; pasrnaz aq pinoo aoueutpzo pagoe~e aqs ~S~AI.Lt'AI?I~.L'I~ •;aaz;s;eq; aoe3 pinom;eq; suits iutpnloazd ~iq anuQ aezg ualrJ3o souaq;sae aq;;oa;ozd plnom aoueutpzo aqZ •~a3es pue q;Ieaq otignd;oa;ozd o; dtessaoau suits;sod o; ~uoq;ne zealo se~I zo;oazTQ s~Ized aq;;eq; saznsua osle aoueutpzo aqZ •pouad ~Iaam om; Ieuot;tppe ue zo3 pa;sod-az aq pinoa uits atg `uiis e3o Ienouzaz zage sznoq g~ utq;im pa;sod;ou ate suits mau31 •szaq;o ~iq suits 3o iut;sod zo3 ~iutt;zoddo aq; iutpnloazd ,Cgazaq; ,Cla;tugaput uteutaz;ou saop suds 3o dnozi zo uits auo;eq; aznsua o;,Ltessaoau sT;tutq auzr; aigeuoseaz ~ •autt; a;e s~Iaam om; o; do zo3 pa;sod aq plnoo suits asatls• •;uauzaazie asn dnozi a o;;uensznd pasn iutaq si ~Ized atl; uagm uana uits a ;sod o; pamolle aq plnom uoszad ~fue azagm eaze pazts ~Clgeuoseaz e sa;euiTSap aoueutpzo at{; `sdnozi zasn-uou3o s;qi~z goaads aaz3 atl;;oa;ozd o; zapzo uI •zaq;oue nano goaads 3o add auo iuuone3 ~iq oclgnd aq;3o s;qiu;uautpuauty ;szT3 Cue u;tm aza3za;ut;ou ~ieuz pue;uauzaoeld uits3o zauueut pue `aoeld `auti; aq; ~iluo a;elniaz ~feut saoueutpzo nits `iut;aaut Itounoo I zagtuanoN atl;;e passnostp s~ •azis ut;aa3 azenbs s i o; do aq plnoo suiiS •spiag aq; ut suds aazq; o; do;sod o; pamolle aq plnom sdnozi zasn `uoi;ippe ui •an3ea~ al;;t-; ,iq pa;Data saoua3 piag;no ~izezoduta; aq; se guns spiag aq; ut sazn;on.t;s dnozi zasn uo pue `saieo iut~eq pue s;noinp `szagoealq uo iutoua3 `sdo;s~Ioeg3o uot;.tod zamol au; uo pamolle aq pinom suiiS •aigtssod zanazagm seaze asoq; ut suits mope o; pa~Izom seq pue papaau ate suits azagm seaze iuipzeiaz sdnozi zasn suods utoz3;ndut pantaoaz33e}S 'pamolle ate suits azagm Xzed aq;3o suop.tod atg sagtoads pue suds o;;oadsaz q;tm s~Ized ~T~ zaq;o uxoz3;uaza33ip siuudS ssaziuo~ a~Ieut;eq; sazn;ea3 atg saquosap aoueutpzo patjoe~e aqZ •suits o; uado ~Ized aq; 3o eaze pa;TUtiI aq; 3o asn pazegs pue ~Clzapzo aq; moue o; a;eudozdde aq plnom ~Ized siuudS ssaziuo~ uT pa;sod suits 3o azTS aq; uo;Iutti a;eq; pautuua;aP33e;s `uot;tppe uI •suits 3o Out;sod aq; zano ;otguoo aztutiutut o; pue `saoznosaz ~Ized o; aietuep pTOne `sasn sa.tods q;im aouaza3za;ut;uanazd o; ~Ized aq; uttl;tm suits 3o uo~;eool pal;tuuad sagtoads FOLLOW UP ACTION(S): If introduced, place ordinance on consent calendar for adoption January 3, 2007. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. •oN aousutpip b 3o I a~sd `.pautuuad aae suds a.tagM Xied atp3o sea.te asoq;,t3t;uapT o; ~sssaoau st;t suds;o dui;sod aq; nano;o[~uoo azTUttu[uz o; pue `saomosaz xied o; a8ecuep;uana.td o; `anuQ ae.tg ua10 BuTUtofps3o pue x.ted aq;3o sot;atj;sae aq;;oa;ozd o;.tap.to uI 'S :xzed aq;;e asoq; 3o,ua;es aq; .to3 apino.td o; .zapzo ut `s;uana gons Sutpuaus szaq;o pue s;usdtotued cods q;noi3o sa~ITUts3 pue s;ua.ted aq; o; uo~;eauo3ut .taq;o pue `suoi;ongsuT `s~tnutenn ~a3es apcno.td o; .tap.to ui papaau are sza;sod pue su~tS •{, `paptnozd aq o; suods q;no,C ~tlenb q~Tq aigeua sdigsaosuods asatp pue sat;cunututoo 8uuogg8tau uT pus xisd s~uudS ssa.tduo~ ;e s;uana ~u~~tods q;no~i;s suBTS dtgszosuods ~utnno~ie;o uoT;Tpsz; a si a.tagZ `~tunuzutoo ,Cq;Ieaq pue a3es a o; a;nqu;uoo s;.tods urea; q;nom •Z `s;.tods uzea; q;no~i .to3 ~ilueuzud padoianap pus pau8tsap st xred s9uudS ssa.t~uo0 • I :;sq; pau~uua;ap seq I~auno0 CIO aq; xzed s~uudS ssat8uo~;e sasn3o sad aq; Sutnnacna.t uI •g •xtsd s~uudS ssa~uo0 uT suStS ~uTnno~~s £SO'SO-i i uoT;oaS pps o; apoO,uiO aq;3o I I is;deg0 Sucpuauze .zaptsuoo o; pieaq aq o; ~tutt;.toddo us psq suosiad pa;saia;uc IIe gotgm;s Suueaq o~~gnd s pa;onpuoo ITOUno~ CIO aq; `9002 `OZ saqutaaaQ u0 •y :snnollo3 se sa.reioap pus spug Itouno0 ~Ta aqs •s~mpulg •j uoi;aaS ~SMO'I~Od S~' MHQ2I0 S~OQ `dJO.L`d2IHS 30 ~I.LI~ ~H.L 30 'IIONf100 A.LIO dH,L '}I2Idd SOAIRId$ SS3iI0AI0~ AiI SuOIS J1~iIM0'I'Id £SO•SO -jj AIOI.L03$ JAtIQQ~ 3Q0~ A.LI,~ dH.L 30 jj 2I3.LdVH~ JAIIQAIdLII~ ~OAIFAIIQ210 AI~p ~~AIVAiIQiIO 6. A limit on the size and duration of signs posted in Congress Springs park is necessary to allow the orderly and shared use of the limited area of the park open to such signs; and 7. While signs, posters, and other advertisements generally impair the aesthetics of Saratoga's parks, Congress Springs Park differs from other parks in the City due to its dedication to youth sports use; in order to continue providing opportunities for Saratoga's youth to participate in high quality youth team sports, and in order to protect the safety of those in the park, the City should allow posting of signs in Congress Springs Park subject to reasonable limitations to protect the aesthetics of the park. Section 2. Adoption. Chapter 11 of the Saratoga City Code is amended to add section 11-05.053 as follows: 11-05.053 Posting of Signs in Congress Springs Park. (a) Notwithstanding any other provision of this Code, in Congress Springs Park signs, banners, and posters may be posted, affixed, or otherwise attached in accordance with this section of the Code provided that no sign, banner, or poster maybe posted over a previously posted sign, banner, or poster. (b) Signs, banners, and posters are permitted only in the following areas of the park: (i) On fencing for all dugouts, bleachers, and batting cages; (ii) The portion of backstop fencing from ground level to a height of six (6) feet. (iii) The wall of the concession-stand facing the field area, provided that the sign, poster, or banner is not larger than 144 square inches; (iv) On temporary structures erected by a user group in the field for use in an activity being carved out pursuant to a group use permit (e.g., on temporary outfield fencing for baseball or registration tables for awalk-a- thon or other event); and (v) At up to three locations in the field area on a temporary structure designed to hold only the sign, banner, or poster and erected in a manner that does not damage turf or otherwise impair future use of the park. Notwithstanding the foregoing, no sign maybe erected in any location where the Page 2 of 4 Ordinance No. oN aouempip b3o £ abed •uoudope s;T zage s~iep uaagg uTq;inn eSo;ezgS3o ~6Q aq;3o uouejnozto IEZaua~ 3o zadedsmau a ut pagscignd aq Begs 3oazaq; ,SzEUZUZns an~suagazduioo a zo aoueuTpzo slgZ •uo~;eaggnd •b nod;aas •pa;eu~uztia uaaq seq uoUzod pTtenut aq; zage ;oa33a ui uteuzaz pinogs aoueuipzo sng 3o suoq.zod ~ututeuzaz aq; ;eq; ;ua;uT ssazdxa s;t sazeioap zagazn3 pue `piiEnuT p~aq uoUzod ag33o and;oadsazzt aoueucpzo siq;3o suotstnozd ~utu~euiaz aq; pa;dope aneq pinom 1T;eq; sazetoap ttouno~.~t~ aq; `p~ienu~ p~aq aze asezgd pue asne~o `aoua;uas `gdezSezed-qns `gdez8ezed `uouoas-qns `uot;oas,Cue31 •aoueu~pzo s~q;3o asEZgd pue asneta `aoua;uas `uoi;oas -qns `uot;oas zaq;o,Czana3o;uapuadapui pue aigezanas st aoueutpzo sTq;3o asezgd pue asneio `aoua;uas `gdez~ezed-qns `gdez~ezed `uouoas-qns `uot;oas goea;eq; sazeioap Itouno~,~~~ aqi, •asne~~ aaueaanag •£ aoi;aas •~a3es pue q;~eaq ozignd;oa;ozd o; ~izessaoau suers BuT;sod uzoz3 zo;oaztQ aq; apnloazd Begs not;oas s~q; uT ~utq;oN (~) •xzed aq;3o asn anisnioxa dnoz3 zeinoiued a BuTZUOq;ne;tuuad asn dnoz~ Niue ~uTpue;sq;~n~ou uoszad,Cue ,Cq sza;sod pue `szauueq `suS~s 30 ~uT;sod zo3 uado uteuxaz ~tegs anuQ aezg ua~rJ o;;sasoio a~eo 8utueq aq; uo eaze aqZ (a) •pouad but;sod goea3o pua ay;;e smog gb;seai;e zo3 panouzaz st u~-s aq3;eq; papTnozd spouad xaann onn; ieuot;ippe zo3 pa;sod-az aq ~ieut sza;sod pue `szauueq `suSis •;turzad asn aq;3o uua; aq; zo3 pa;sod aq ~ieuz u~is aq; aseo gotgm ut;tuuad asn dnoz~ a o;;uensznd pauruuad dint;oe ue q;-nn not;oauuoo uT pa;sod ssaiun sxaann onn; ueq; azou~ zo3 pa;sod aq,Ceuz za;sod zo `zauueq `u~is oN •8ui;sod3o a;ep aq; q;cm paxzeuz aq iiegs sudts QF~ (p) •;aa3 azenbs S T ueq; za8zei aq ~ieut xzed s8uuds ssaz~uo~ ut pa;sod sza;sod zo `szauueq `su8is oN (o) •anuQ aezg ua~rJ uroz3 aigiscn ~Cizeaio si uSis aq; uo dui;uud The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 20th day of December, 2006, and was adopted by the following vote following a second reading on the 3rd day of January, 2007. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Aileen Kao MAYOR OF THE CITY OF SARATOGA ATTEST: Cathleen Boyer CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY Page 4 of 4 Ordinance No. SARATOGA CITY COUNCIL MEETING DATE: December 20, 2006 AGENDA ITEM: 1 ORIGINATING DEPT: ity Manager's Office CITY MANAG~F PREPARED BY: DEPT HE ~~ -City Clerk Dave Anderson, City Manager SUBJECT: Request for Funds to Sponsor the 5th Annual Mustard Walk RECOMMENDED ACTION: 1. Approve Temporary Use Permit to hold the event February 4, 2007. 2. Allow a promotional banner to be placed at the comer of Fruitvale and Saratoga Avenue. 3. Adopt budget resolution appropriating funds. REPORT SUMMARY: The 5`h Annual Mustazd Walk is scheduled for Sunday, Febmary 4, 2007. The Mustard Walk Committee has requested that the City Council allow the use of the Warner Hutton House, Heritage Orchazd, and City pazking lot. The Committee has also requested a monetary contribution of $2,000. These funds will be used to cover costs of the Mustazd Walk including publicity, food, banner updating and repair, and incidentals. The City is also being asked to waive the banner fee ($300) and special event permit fee ($250). Last year the City made a monetary contribution of $1,350, funded out of the Council Contingency, towazds the event. The Committee also received $750 from Saratoga resident and past Heritage Preservation Commission member Paul Corrado. FISCAL IMPACTS: After allowing for all previous commitments made by the Council, the cun•ent available balance of the Council Contingency Account is $28,300. After this transfer the balance will be reduced to $26,300. Account Description Accouut# Amouut Gen Fd-City Council-Council Contingency 001-1005-511-5135 -$2,000 Gen Fd-Support Outside Agy-Mustazd Walk 001-7030-572-5674 +$2,000 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Without proper funding the 5`h Annual Mustard Walk may not take place. ALTERNATIVE ACTION: Direct the Committee to find a sponsor to cover the event, City would waive the banner and ;permit fees and refer them to the Saratoga-Monte Sereno Community Foundation or Sazatoga Rotary for matching funds. £3o Z uoi;n~osag;a~png - ~;uaunjos;;y S,LAi~NtHOV.L.Lt~ •epua~s aql;o 8ui;sod ~,L~`~,LAi00 ~I'Igfld QAIt' OAiI~I.LOAI `OAiISI,L~I~AQ~' d/N ~AiOI.L~d df1 MO'I'I03 RESOLUTION NO. 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUDGET ADJUSTMENT N0.31 TO THE 2006-07 BUDGET AND AUTHORIZING THE EXPENDITURE OF $2,000 FOR THE 5`h ANNUAL MUSTARD WALK TO BE FUNDED BY A REDUCTION IN THE CITY COUNCIL CONTINGENCY BUDGET OF $2,000 WHEREAS, the City Council acknowledges that the Mustazd Walk has become an important event in the City of Saratoga that teaches the community about the City's history and also brings the community together at the Heritage Orchard and Warner Hutton House; and WHEREAS, it is the Council's desire to grant the Mustard Walk Committee request to make a monetary contribution of $2,000 towards the event from the Council's Contingency account. WHEREAS, it is necessary to approve Budget Adjustment No. 31 to Fiscal Yeaz 2006- 07 as follows: Account Description Account# Amount Gen Fd-City Council-Council Contingency 001-1005-511-5135 -$2,000 Gen Fd-Support Outside Agy-Mustard Walk 001-7030-572-5674 +$2,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby authorizes the appropriation of $2,000 to be used by the Mustazd Walk Committee for the 5`h Annual Mustazd Walk. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20`h day of December 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN Aileen Kao, Mayor ATTEST: Cathleen Boyer, City Clerk 3 of 3