07-19-2022 Searchable Packet.pdf — Cupertino City Council, July 19, 2022 (part 5 of 6)

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1 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Community At Large
(CAL)
- Multilingual
Communities
- Groups with Special
Evacuation Needs
- New Residents,
Visitors and Tourists
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Educate our community
on flood protection and
preparedness measures
(VW OP #01) Multi-language Countywide Mailer (CWM) to every postal address in Santa Clara County (Topics 1-5 and 7, 8)
Valley Water
Communications
Each late
October or
November
All Santa Clara
County CRS
Communities
Valley Water’s annual August 2021 Countywide Mailer
(CWM) was sent between August 24 - August 27, 2021,
countywide to 735,282 addresses (USPS: ECRWSS ‐
Extended/Enhanced Carrier Route Walking Sequence
Saturation Postal Customer). The CWM includes flood
protection and preparedness measures information,
including FEMA map reading services, getting flood
insurance, family emergency plans, downloading
emergency preparedness app “Ready SCC,” and where to
get sandbags.

Cupertino supports and promotes Valley Water’s
outreach projects.

Gilroy: A utility bill insert was sent to every address in Gilroy in April 2022.

Los Altos supports and promotes Valley Water’s outreach efforts.

Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent out in four languages (English, Spanish, Vietnamese and Chinese).

Mountain View sent out Valley Water’s Get Flood Ready
flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.

Palo Alto supports and promotes Valley Water’s outreach project.

The City of Santa Clara supports and promotes Valley
Water’s outreach efforts.
1 Message Topics: Outreach Projects (OP): Topic 1 – Know your flood hazard; Topic 2 – Insure your property for your flood hazard; Topic 3 – Protect people from the flood hazard; Topic 4 – Protect your property from the hazard; Topic 5 – Build responsibly; Topic 6 – Protect natural floodplain functions; Topic 7 – Develop a Family Emergency Plan; Topic 8 – Download disaster Apps; Topic 9 – Understand shallow flooding risks – “Don’t drive through standing water.” Flood Response Preparations (FRP): What to Do Before, During and After a Flood/Storm 2 Each September, all deliverables need to be reported to Valley Water for tracking purposes. 3 A stakeholder can be any agency, organization, or person (other than the community itself) that supports the message. Stakeholders can be: an insurance company that publishes a brochures on flood insurance, even if it is set out at City Hall; a local newspaper that publishes a flood or hurricane season supplement each year; FEMA, if, for example, a FEMA brochure is used as an informational material; schools that implement outreach activities; a local newspaper; a neighborhood or civic association that sponsors and hosts a presentation by a community employee; a utility company that includes pertinent articles in its monthly bills; or presentations made by state or FEMA staff at a Risk Map meeting.

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2 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
(VW OP #02) Distributes a soft copy of our Flood Safety Tips brochure for all SCC CRS communities’ use (print hard copies to distribute at events and/or post of flood preparedness webpages) (Topics 1-9)
Valley Water
Communications
Annually,
November/
December
All Santa Clara
County CRS
Communities
Valley Water shared a “Flood Follows Drought 2021-22
Flood Awareness Campaign Media Toolkit" with the CRS
communities in November 2021. The toolkit provided
links to the multilingual floodplain mailer, social media graphics, messages for all nine flood awareness tips (PPI CRS message topics), and blog posts for all Santa Clara County communities to use.

Cupertino distributes copies of Valley Water’s Flood
Safety Tips at various fairs/events (i.e., Earth Day Festival) and provides additional copies for the public on display at City Hall. Cupertino also has a direct link to Valley
Water’s annual mailer and Flood Ready webpage on the
City’s “Citizen Preparedness” webpage.

Los Altos distributes brochures available at city hall, library, and community center. They are also distributed at community events (emergency training, wine stroll,
etc.).

Palo Alto promotes and distributes Valley Water’s Flood Safety Tips at fairs and provides as an informational item on Utility Inserts sent every year.

The City of Santa Clara has hard copy brochures available at city hall and central library. Planning to distribute at yearly art & wine festival as well.
(CUP OP #03) Flood notice in the local newsletter, “The Cupertino Scene” (Topics 1- 9)
City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article in the November 2021 issue of “The Cupertino Scene”.
(LA OP #04) Two (2) newspapers ads, in the Los Altos Town Crier (Topics 1-5) City of Los Altos Each fall N/A Los Altos published two newspaper ads titled “Assess Your Flood Risk and Flood Insurance Availability” on
10/20/21 and 10/27/21 in the Los Altos Town Crier.
(LAH OP #05) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(LAH OP #06) The town distributes various flood preparedness and safety materials at events, including Valley Water’s annual floodplain mailer and promotional item (e.g., emergency starter kits, Get Flood Ready Emergency Supply Checklist tote bags, etc.), FEMA flood insurance information, ReadySCC, and American Red Cross Flood apps, AlertSCC, sandbag guidelines, flood protection project-specific notices, FEMA NFIP materials, and preparedness activity/coloring books, etc.) to the public Town of Los
Altos Hills
Annually, spring
and late
summer
N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #07) “Flood Public Advisory” brochure to community at large (Topics 1-6) City of Milpitas Each December or January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent out in four languages ATTACHMENT 2

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3 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(English, Vietnamese, Spanish, and Chinese).
(MH OP #08) Sends a citywide “Flood Report” brochure (Topics 1-9) City of Morgan Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill mailed out citywide the “2021 Flood Report” brochure between 8/26/2021 and 9/2/2021.
(MV OP #09) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of the View in September 2021 that featured information on flood awareness, flood insurance, and preparing for the winter storm.
(MV OP #10) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.
(PA OP #11) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities insert) to all residents and businesses in the City, along with their utility bills (Topics 1-9) City of Palo Alto Each Fall N/A Palo Alto sent “Are You Ready for Winter Storms?” fliers to all residents and businesses along with their utility bills in September 2021.
(PA OP #12) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent a utility announcement as an informational announcement on utility bills in March 2021.
(PA OP #13) The city distributes various flood preparedness and safety documents, including FEMA NFIP materials for public/policyholders
City of Palo Alto Year Round N/A Palo Alto distributes flood preparedness documents every year during the Earth Day event and Palo Alto’s MSC
Open House.
(SC OP #14) Mails out a citywide newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9)
City of Santa
Clara
Each fall N/A Santa Clara: Citywide newsletter was sent to residents and is available on the city website in November 2022.

Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and
communities Flood
Protection Resources
webpage
____________________
__
These website projects
are credited under
Activity 350 – Flood
Protection Information,
element c). Flood
protection website
(WEB),
(VW OP #15) Flood Ready webpage: Flood & Safety, Flood Protection Resources, includes floodplain and countywide mailers
https://www.valleywater.org/floodready
Valley Water Year Round All Santa Clara
County CRS
Communities
Valley Water’s flood protection resources landing page
includes the most current version of the annual floodplain and countywide mailers.

Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link that redirects to Valley Water’s Flood Ready landing page.

Gilroy’s “Flood Management” and “Emergency
Preparedness” web pages link to Valley Water’s Flood
ready landing page.

Los Altos’ “Floodplain Management Information” web
page links to Valley Water’s Flood Ready web page.

Palo Alto’s “Flood Information and Winter Storm
Preparedness” webpage redirects to Valley Water’s Flood Ready landing page.

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4 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
not credited under
Activity 330
Note: To receive any
WEB credit, the
community’s website
must meet the following
criteria:

The community must
check the website’s links
at least monthly, and fix
those that are no longer
accurate. At least
annually, the community
must review the content
to ensure that it is still
current and pertinent
(ALL OP #16) All communities’ website flood protection resources webpage includes language that contains the three additional PPI priority messages noted below:

7. Develop an emergency plan

8. Download disaster apps

9. Understand shallow flooding risks––don’t drive through standing water All Santa Clara
County
Communities
Year Round N/A Valley Water’s flood protection resources landing page includes the top 6 CRS priority topic messages, as well as the 3 additional messages identified in the 2021 PPI (page 45).

Cupertino’s Flood Section under the “Citizen
Preparedness” webpage includes the CRS 9 topics.

Gilroy’s “Emergency Preparedness” webpage includes the
CRS 9 topics. Additionally, several posts on Email Express and social media were shared with this messaging.

Morgan Hill’s “Flood Information, Floodplain
Management” webpage includes a link to the “2021 Flood
Report” that includes the CRS 9 topics.

Palo Alto’s utility insert includes all three additional PPI priority messages, and the Flood Information and Winter Storm Preparedness website has a link to the utility insert which shows the three additional PPI.

City of Santa Clara’s “Flood Protection Information” web page includes resources for preparedness.
(SCC OP #17) Hosts a “Storm and Flood Information and Resources” webpage available for all residents in the county, includes re-directing to www.floodsmart.gov https://www.sccgov.org/sites/opa/Pages/storm.aspx Santa Clara
County Office of
Public Affairs
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #18) Hosts a “Flood Safety Information” webpage, includes re-directing to www.valleywater.org/floodready https://cpd.sccgov.org/flood-safety-information Santa Clara
County
Consumer
Protection
Division
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #19) Hosts a “Be a Prepared Community Member” webpage that includes emergency preparedness information
https://emergencymanagement.sccgov.org/be-prepared-community-member Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(SCC OP #20) Hosts a “People with Access and Functional Needs (AFN)” webpage https://emergencymanagement.sccgov.org/people-access-and-functional-needsafn Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
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5 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(CUP OP#21) Hosts a “Citizen Preparedness” webpage that includes emergency preparedness information, includes re-directing to Valley Water’s www.valleywater.org/floodready webpage
https://www.cupertino.org/residents/community-services-programs/emergencyservices/citizen-preparedness City of Cupertino
Office of
Emergency
Services
Year Round N/A Cupertino continues to maintain the Flood Section under the “Citizen Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #22) The city hosts an “Emergency Preparedness” webpage Emergency Preparedness | Gilroy, CA - Official Website (cityofgilroy.org) (listed in Appendix B) City of Gilroy
Fire Department
Year Round N/A Gilroy continues to maintain an “Emergency Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready landing page, the National
Weather Service webpage, and the City’s Flood
Management webpage. The Emergency Preparedness
webpage is reviewed once a month and updated as
needed.
(LA OP #23) The city’s Public Works Department hosts a ‘Flood Zone Information’ webpage on its website (listed in Appendix B)
https://www.losaltosca.gov/publicworks/page/flood-zone-information City of Los Altos
Public Works
Department
Year Round N/A Los Altos: The webpage is updated as needed. The webpage has been updated and new URL is:
https://www.losaltosca.gov/publicworks/page/floodplain
-management-information
(LAH OP #24) The town hosts a “Flood Information” webpage on the town’s website. This webpage includes information on the PPI nine topics, including a supporting message. The webpage redirects to the following key resource websites: www.valleywater.org/floodready, www.floodsmart.org, www.ready.gov, and www.weather.gov
Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
(LG OP #25) The town’s website encourages residents and businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MIL OP #26) The city’s’ website has a “Flood Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov, www.Ready.gov, and USGS webpages
The city’s website also has a “Important Flood Hazard Information” webpage that contains information on several of the PPI message topics; the webpage also redirects to Valley Water, FEMA, NOAA, www.floodsmart.gov (listed in Appendix B) https://www.ci.milpitas.ca.gov/milpitas/departments/engineering/floodinformation/ City of Milpitas
Engineering
Department
Year Round N/A Milpitas: On-going. Link:
https://www.ci.milpitas.ca.gov/milpitas/departments/en
gineering/flood-information/
(MH OP #27) The city’s website has a “Flood Information, Floodplain Management” webpage that contains city’s flooding information which redirects to their Floodplain Management page and includes a link to the city’s annual “Flood Report.” The webpage redirects Valley Water’s flood ready webpage and also contains FEMA flood information http://www.morgan-hill.ca.gov/747/FloodInformation Floodplain Management | City of Morgan Hill, CA - Official Website City of Morgan
Hill
Engineering Land
Development
Year Round N/A Morgan Hill’s “Flood Information, Floodplain Management” webpage includes a link to the “2021 Flood
Report” brochure.

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6 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(MH OP #28) The city’s website has an “Emergency Preparedness’ webpage (listed in Appendix B) http://www.morgan-hill.ca.gov/133/Emergency-Preparedness City of Morgan
Hill Police
Department
Year Round N/A Morgan Hill continues to maintain its “Emergency Preparedness” webpage. In February 2021, a link to the
City’s Office of Emergency Services’ (OES) ” Do 1 Thing” emergency preparedness campaign was added to the
“Emergency Preparedness” webpage. The “Do 1 Thing” is
a 12-month program with a goal of assisting the
community to be better prepared for emergencies and
disasters.
(MV OP #29) Hosts a “Flood Protection and Insurance Information” webpage on its website (listed in Appendix B)
www.mountainview.gov/depts/pw/flood_protection.asp
City of Mountain
View Public
Works
Department
Year Round N/A Mountain View continues to maintain its flood protection webpage.sa
(PA OP #30) Hosts a “Floodplain Management” webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/stormwater/floodzones.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto has a “Floodplain Management” webpage that has all relevant information regarding flood plain
management topics.
(PA OP #31) Hosts a “Flood Safety Tips” webpage www.cityofpaloalto.org/storms; flood_safe_11-16.cdr (cityofpaloalto.org)
City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto’s “Flood Information and Winter Storm Preparedness Webpage” has links to the “Flood Safety
Tips” flier.
(PA OP #32) Hosts a ‘Creek Monitor’ webpage (listed in Appendix B) https://www.cityofpaloalto.org/gov/depts/pwd/creek_monitor/default.asp City of Palo Alto
Public Works
Department
Year Round N/A Palo Alto hosts a real time creek monitor webpage that warns residents of imminent danger of flooding.
(PA OP #33) Hosts a “Flood Information and Winter Storm Preparedness” webpage which contains useful information for flood readiness (listed in Appendix B) https://www.cityofpaloalto.org/services/public_safety/flood_information_winter_s torms/default.asp
City of Palo Alto
Office of
Emergency
Services
Year Round N/A Palo Alto’s “Flood Information and Winter Storm preparedness” website has useful information on flood
preparedness for before storm, during storm and after
storm.
(SJ OP #34) The city’s webpages includes a “Flood Hazard Zones” webpage which includes information of flood preparedness https://www.sanjoseca.gov/yourgovernment/departments/public-works/development-services/floodplainmanagement City of San Jose
Public Works,
Development
Services
Year Round N/A San Jose: Website includes flood zone and flood smart information
(SC OP #35) The city’s “Flood Protection Information” webpage contains valuable information on flood related topics https://www.santaclaraca.gov/ourcity/departments-g-z/public-works/engineering/flood-protection (also listed in Appendix B)
City of Santa
Clara
Year Round N/A Santa Clara: Website is updated and maintains flood topic information
(SAR OP #36) The city’s website encourages residents/businesses to purchase flood insurance and redirects visitors to www.floodsmart.gov
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #37) The city has a “Staying Safe, Winter Storms” webpage. They have also linked the city’s Winter Storms webpage to Valley Water’s Flood Ready webpage https://www.saratoga.ca.us/218/Winter-Storms
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #38) The city has a “Flood Protection” webpage Sunnyvale, CA - Flood Protection (listed in Appendix B)
City of Sunnyvale Year Round N/A Sunnyvale: The City continues to maintain its flood protection website.

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7 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Topics 1-9 and supporting messages
Flood Awareness Media Campaign, including social media
Educate our community
on flood protection and
preparedness measures
(VW OP #39) Conducts a flood awareness media campaign, reaching the community at large, including our multilingual community. Many of the Santa Clara County CRS Communities recognize Valley Water’s Flood Awareness Campaign and link it on their community’s flood information web page and redirect to Valley Water’s Flood Ready webpage (Topics 1-9)
Campaign features social media videos and postings on various platforms (i.e.

Facebook, Twitter, Instagram, Nextdoor, etc.), digital banners, newspaper advertorials, radio ads, billboards, utility bill inserts for communities to use, communities redirect to ValleyWater.org/FloodReady and television/mobile ads targeting residents who live in flood-prone areas and multilingual ethnic communities
Valley Water
Communications
Annually, for
the duration of
the rainy
season,
typically from
November to
April
All Santa Clara
County CRS
Communities
Valley Water: In addition to social media outreach, in lieu of a Flood Awareness Campaign, Valley Water mailed out
3 targeted pieces to addresses in the SFHA. All outreach projects included the 9 CRS topics and were
multilanguage.

1. FPM – 60,790 were printed; 4,450 were given to the
cities/county (Public Works and Planning Departments)
between December 2021 – February 1, 2022; 54,790
were mailed on December 13-14, 2021; The FPM is
posted on Valley Water’s website

2. Postcard – 55,000 were printed; 52,502 were mailed on 10/29/21 (need soft copy of postcard)

3. “You Live in a Flood Zone – Do You Know What to Do
Before, During, and After a Flood?” trifold: 54,790
mailed on January 11, 2022
We received the results of the 2021-22 Flood Awareness
Probolsky Poll. The results below point to an effective campaign that was less expensive than general
advertising, yielding a savings of about $150,000 with
stronger results. Going forward, direct mailings to the FEMA SFHA seem to be a good outreach strategy for the
flood awareness campaign vs. targeted advertising.

Some highlights:
● 28% increase in those who believe that Valley Water
is doing an excellent job in keeping them informed
of a flood (now 87% believe we do an excellent,
good or fair job).
● 10% increase in food zone awareness over last year
(now at 50-60% awareness).
● 32% increase in recall of flood mailings vs. last year (now at 59% reach) with good recall amongst
Spanish, Mandarin and Vietnamese speakers.
● 58% of respondents clearly understood our 3 main
calls to action (find your risk, get flood insurance,
develop a plan).
● 12% increase in respondents who believe they have
taken all steps to be ready for a flood (now at 76%).
● 11% increase in respondents who have flood
insurance (now at 51%).
● 64% Believe home is prepared for a flood (100% of
Chinese, 75% of Vietnamese believe they are ready).
● 100% of high-risk residents in mobile home parks are
aware of our messaging.

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8 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
● Very good results amongst Asian respondents on all
areas of polling.

Areas for growth:
● We have an opportunity for future outreach to
renters of both single-family homes and multi-family
units.

Los Altos included an insert provided by Valley Water to all residents and businesses via a refuse collection bill insert in October and December 2021.
(VW OP #40) As part of the flood awareness campaign, a ‘Get Flood Ready, Social Media and Web Resources Guide’ is provided to all cities/county in Santa Clara County for their use as part of their outreach efforts
Valley Water Upon the
completion of
the annual FPM
All Santa Clara
County CRS
Communities
Valley Water: Provided all cities/county its social media and web resources guide in November 2021.

Cupertino posted a series of social media posts during
Flood Preparedness Week in October 2021 using Valley
Water’s guide.

Los Altos has included links to the flood awareness
campaign web resources in electronic newsletters during FY2022.

Palo Alto has Valley Water’s Flood Awareness Campaign
linked on the City’s Flood Information and Winter Storm Preparedness website.

City of Santa Clara has posted social media posts for flood awareness week in Fall 2021.
(SCC OP #41) Shares Valley Water’s digital social media resource links during the flood season. The “Floods Follow Fires. Are you Ready?” and “Got Sandbags” messages redirect to Valley Water’s website. Messages are used on social media, short form newsletter, short form email, web, and Nextdoor Santa Clara
County Office of
Emergency
Management
Year Round N/A Santa Clara County: No update available - non-CRS participating community
(CUP OP #42) Recognizes the robust social media campaign led by Valley Water and has linked the city’s main flood preparation webpage to Valley Water’s Flood Ready webpage
City of Cupertino Year Round N/A Cupertino continues to maintain the Flood Section under the “Citizen Preparedness” webpage, including a link that redirects to Valley Water’s Flood Ready webpage.
(GIL OP #43) The city recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Gilroy Year Round N/A Gilroy: The “Emergency Preparedness” and Public Works “Flood Management” webpage both link to Valley
Water’s Flood Ready webpage.
(LAH OP #44) The town recognizes Valley Water’s Flood Awareness Campaign and has linked the town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los
Altos Hills
Year Round N/A Town of Los Altos Hills: No update available - non-CRS participating community
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9 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(LG OP #45) Recognizes Valley Water’s Flood Awareness Campaign and has linked the Town’s main flood webpage to Valley Water’s Flood Ready webpage Town of Los
Gatos
Year Round N/A Town of Los Gatos: No update available - non-CRS participating community
(MV OP #46) The city does a social media notification about storm preparation for winter storms ahead of time. The notification directs residents to their “Flood Protection and Insurance Information” webpage. The city has also linked the city’s webpage to Valley Water’s Flood Ready webpage
City of Mountain
View
Year Round N/A Mountain View shared a Facebook post in October 2021 regarding preparing for the upcoming rain. A post
regarding flood preparedness was featured in our email
distribution “City Hall Connection” in celebration of Flood Preparedness Week in October 2021.
(SC FRP #47) City publishes social media posts, on Facebook, Twitter, and other platforms, focused on safety
The city has prepared a pre-flood plan (FRP) for public information projects that will be implemented before, during, and after a storm/flood, as well as identifying who is responsible for posting these messages, what type of events they apply to, what social media platforms to post to and how often
City of Santa
Clara Office of
Emergency
Services
During the
storm season
N/A Santa Clara: Information was posted on social media for flood awareness week led by city streets division
(SJ OP #48) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage. Keeps Valley Water’s floodplain mailer static location at City Hall for residents to pick-up and is also distributed at various events throughout the year City of San Jose Year Round N/A San Jose: Floodplain mailer available at City Hall and website linked to Valley Water’s Flood Ready webpage.
(SAR OP #49) Recognizes Valley Water’s Flood Awareness Campaign and has linked the city’s main flood webpage to Valley Water’s Flood Ready webpage City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SAR OP #50) The city does a social media notification about storm preparation for winter storms ahead of time
City of Saratoga Year Round N/A Saratoga: No update available - non-CRS participating community
(SUN OP #51) The city actively posts flood safety and preparedness messaging through social media platforms (i.e., Facebook and Twitter) City of Sunnyvale
Environmental
Services
During the rainy
season
(October –
March)
N/A Sunnyvale: City staff posted information to Facebook regarding keeping the storm drain clear to prevent
clogging.

Topics 1-9 and supporting messages
Community Events – Distribute flood preparedness materials to the community
Educate our community
on flood protection and
preparedness measures
Increase in ‘hits’ on
Valley Water and cities
Flood Protection
Resources pages and
improve Valley Water’s
Flood Campaign results
Residents less stress
during emergencies and
(VW OP #52) Copies of Valley Water’s multilanguage floodplain mailer is made available to all Santa Clara County CRS Communities to disseminate at various events, including keeping the mailer static in lobby areas for visitors to pick-up.

Valley Water attends various communities’ events/fairs throughout the county and disseminates flood readiness materials, including various FEMA flood-related publications and Valley Water flood ready materials (Topics 1– 9) Valley Water Annually,
September -
May
All Santa Clara
County CRS
Communities
Valley Water’s multilanguage (English, Spanish, Chinese, and Vietnamese) annual FPM were provided to all Santa
Clara County city/county Public Works and Planning
Departments between December 2021 - February 1,
2022. The FPM is posted on our website.
60,790 FPMs were printed: 54,790 were mailed to
addresses in the SFHA on December 13-14, 2021; 4,450
provided to the cities/county (Public Works and Planning Departments) between December 2021 - February 1,
2022; and remaining copies were used as needed by
Valley Water CRS, Communications and Government
Relations staff.

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10 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
better prepared before a
flood event
Cupertino distributes copies of Valley Water’s Floodplain Mailer at various fairs/events and provides additional
copies for the public on display at City Hall.

Los Altos has mailer available at city hall and public
library. During FY2022, events were limited due to
COVID-19.

Palo Alto distributes Valley Water’s multi-language
floodplain mailer during fairs during Earth Day event and Palo Alto’s Open House every year.

Santa Clara: Fliers and additional information are
currently at city hall and public library.
(CUP OP #53) Distributes flood readiness outreach materials at various events/ facilities
City of Cupertino Year Round, as
needed
N/A Cupertino distributes copies of Valley Water’s Floodplain Mailer and other promotional items provided by Valley
Water at various fairs/events and provides additional
copies of the mailer for the public on display at City Hall. (GIL OP #54) Participates in two fair/events: Gilroy Garlic Festival (GF) and city’s Public Works Week Community Open House (PWWCOH)
City of Gilroy End of July (GF)
Typically, in
May
(PWWCOH)
N/A Gilroy: There was no Garlic Festival or Public Works Week Community Open House in 2021, so no materials were
distributed.
(LAH OP #55) Hosts two events - Earth Day (ED) and the Town Picnic (TP) Town of Los Altos Hills
Annually, Spring
(ED) and late
Summer (TP)
N/A Town of Los Altos Hills: No update available - non-CRS participating community
(MIL OP #56) Distributes FEMA flood-related publications at various events City of Milpitas Year Round N/A Milpitas: Ongoing. Distributed at the most recent event “Holiday Magic” which was held in December 2021.
(MV OP #57) The city participates Mountain View Art & Wine Festival (MVA&WF) and Thursday Night Live (TNL) and distributes flood preparedness information City of Mountain
View
Each
September
(MVA&WF)
Months of
June/July (TNL)
Valley Water Mountain View: Due to COVID restrictions these events did not happen or were modified from the previous years.

Therefore, we were not able to distribute the materials. If COVID restrictions allow, we plan to resume attendance
and distribution of materials in future years.
(PA OP #58) Staff hosts a flood readiness table at city’s annual Earth Day (ED) event and at the city Municipal Corporation Open House (MCOH). Upon request, the city also participates in other fairs and promotes flood readiness, including Creekwise mailer/brochure
City of Palo Alto Each April (ED)
and July
(MCOH)
Can vary
depending on
requests made
to City to
support fairs
Palo Alto hosts a flood readiness table at the Earth Day Event and City Municipal Corporation Open House. The
City distributes flood readiness fliers during the event. (SJ OP #59) Staff hosts and participates in the ‘Building Permits and Home Safety Open House.’ The city’s also hosts ‘Pumpkins in the Park’ event which Valley Water staff participates in and promotes flood preparedness
City of San Jose Each May and
October
Valley Water San Jose: City hosts annual Building and Home Safety open house. However, this year’s event is on hold due to COVID-19 pandemic.

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11 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(SC OP #60) City hosts a flood readiness table at the Art & Wine Festival. Valley Water also sponsors a table at the festival promoting flood preparedness and distributes various flood readiness materials to the community City of Santa
Clara
Each
September
N/A Santa Clara: In progress with this year’s Art & Wine festival which is in fall
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Less damage due to the
floods; improve sandbag
distribution
Fewer accidents and
rescues
(SUN OP #61) City has permanent “Road May Flood” street signs in areas of the City prone to flooding and promotes the “Flood Zone Look Up” featured on the city’s website
City of Sunnyvale Year Round N/A Sunnyvale: Ongoing. City staff still promote the use of the “Flood Zone Lookup.”
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Increase in inquiries on
retrofitting measures.

Decrease the number of
repairs and elevations
without permits.

Increase number of
repairs with permits
Ensure people who are
interested in protecting
their property from
flooding are getting the
help they need
Keep families safe
(CUP OP #62) The city offers Flood Protection Assistance, Property Protection Advice. Staff provides in-person flood risk consultation at the front counter and/or site visits when requested
City of Cupertino Year Round N/A Cupertino: Ongoing. The City maintains a log of FEMArelated requests. (MIL OP # 63) The city offers Flood Protection Assistance, Property Protection Advice and provides in-person flood risk consultation at the front counter City of Milpitas Year Round N/A Milpitas: Ongoing. City maintains logs of FEMA-related requests.
(SC OP #64) The city offers Flood Protection Assistance, Property Protection Advice City of Santa Clara
Year Round N/A Santa Clara: On-going per requests to the city Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Cleaner streams and
fewer dumping
violations
Fewer debris blockages
during high-flow events
Drainage inspectors
report fewer calls and a
decrease in the amount
of trash removed
(VW OP #65) “Do Not Dump”/illegal dumping message is sent each year to all Santa Clara County residents in Valley Water’s CWM and FPM
Valley Water
Communications
Each late
October or
November
(CWM)
Each
November/
December
(FPM)
All Santa Clara
County CRS
Communities
Valley Water’s FY22 FPM included the 'Do Not Dump'
messaging. Additionally, Valley Water’s website flood
ready landing page contains ‘Do not pollute, dump, or
drain anything in creeks’ under the Before a Flood
section. https://www.valleywater.org/floodingsafety/flood-ready/flood-safety-advice Valley Water hosted Coastal Cleanup Day (CCD) on
September 18, 2021 (Results: 913 people participated;

99.5 distance cleaned miles; 28,084.76, includes
recyclables, weight of trash collected; 1,346.90 weight of recyclables collected), and National River Cleanup Day
(NRCD) on May 21, 2022 (Results: 596 people
participated; 36.07 distance cleaned miles; 22,695.04
includes recyclables, weight of trash collected; 2,569.57 weight of recyclables collected). Several of our CRS
communities participated.
https://cleanacreek.org/past-results-2/
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12 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Cupertino’s Flood Section under the “Citizen
Preparedness” webpage has a link to Valley Water’s
Floodplain Mailer. The City also includes the “Do Not
Dump” messaging in The Cupertino Scene’s annual flood
preparedness article.

Palo Alto has Valley Water’s CWM and FPM linked on the
City’s Flood Information and Winter Storm Preparedness
website.
(VW OP #66) “Do Not Dump” signs placed by waterways/channels Valley Water O&M
Year Round N/A Valley Water’s Operations & Maintenance continues its practice of placing ‘Do Not Dump’ signs on waterways/
channels.
(VW OP #67) Lists Pollution Hotline number in all Project Notices Valley Water Communications
Year Round N/A Valley Water’s project notices lists the pollution hotline number. https://www.valleywater.org/projectupdates/your-neighborhood (SCC OP #68) Storm Drain Stenciling/Medallion Program Santa Clara County
Year Round All Santa Clara
County CRS
Communities
Palo Alto installs Storm Drain Stenciling/Medallion on all public right of way catch basin and inlets.

City of Santa Clara: Stenciling/Medallion installed on
public catch basins/inlets.

Santa Clara County: No update available - non-CRS
participating community.
(SUN OP #69) The city’s “Horizon” newsletter, includes Do Not Dump messaging City of Sunnyvale Annually, fall N/A Sunnyvale: The City still produces the Horizon newsletter and includes a “Do Not Dump” message.
(ALL OP #70) Developments that are modifying or constructing new catch basins/storm drains/inlets are required, per the below-noted permits, to stencil the “No Dumping! Flows to Bay.” In addition, some of these cities require all bid documents for capital projects which are modifying or constructing new catch basins, and require the contractors to install the same stencil. The program is also highlighted on cities’ websites.
▪ South County municipalities are subject to the statewide “Phase II” NPDES Permit
▪ North County municipalities are subject to the SF Bay Municipal Regional Stormwater NPDES Permit
All Year Round N/A Valley Water mark’s each inlet with a “No Dumping! Flows to Bay” message on Valley Water properties.

Gilroy requires all new storm inlets and catch basins to include a stencil or medallion with no dumping, flows to creek/waterway language for development projects.

Morgan Hill requires all storm drain inlets and catch
basins within the project area of development
applications to be stenciled with prohibitive language
(such as: “NO DUMPING – DRAINS TO CREEK”) and/or
graphical icons to discourage illegal dumping.
(CUP OP #71) The city’s annual flood notice in the local newsletter, ‘The Cupertino Scene,’ contains dumping is illegal messaging and how to report City of Cupertino Annually,
October -
November
N/A Cupertino includes the “Do Not Dump” messaging in The Cupertino Scene’s annual flood preparedness article.

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13 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(CUP OP #72) Participates in clean-up events: the annual National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-aCreek Program City of Cupertino Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Cupertino participated in Coastal Clean-Up Day on
9/18/21 at Calabazas Creek. Cupertino also helped to
advertise and support Valley Water’s “virtual” cleanups (cleaning up your own neighborhood) every Saturday in
May 2021.
(LAH OP #73) The town participates in annual clean-up events: National River Clean-up Day (each May) and Coastal Clean-up Day (each September) and coordinates volunteers. They coordinate with Valley Water on both these clean-up efforts. The town also participates in Valley Water’s Adopt-a-Creek Program Town of Los
Altos Hills
Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Town of Los Altos Hills: No update available - non-CRS
participating community.
(MIL OP #74) “Flood Public Advisory” brochure contains dumping is illegal messaging and how to report
City of Milpitas Each December
or January
N/A Milpitas: The City’s flood advisory utility bill insert has information about illegal dumping and how to report it. (MIL OP #75) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. The city also participates in Valley Water’s Adopt-aCreek Program City of Milpitas Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Milpitas: CCD held as a hybrid in-person group and
individual led in September 2021. NRCD is planned for
May 2022 with two cleanup locations.
(MH OP #76) “Flood Report” contains message on keeping debris and trash out of streams – Do Not Dump messaging
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure contained the messages “Keep debris and trash out of our streams” and “It’s illegal to dump into our creeks”.
(PA OP #77) “Are You Ready for Winter Storms?” utilities insert contains the Do Not Dump and report illegal dumping messages
City of Palo Alto Each fall N/A Palo Alto includes Do Not Dump and Report Illegal Messages on City’s utility insert.
(PA OP #78) Utility bill insert includes a ‘Utility Announcement on Flood Safety Tips,’ including Protect natural floodplains - keep rain gutters and drainage channels free of debris
City of Palo Alto Annually,
March-April
N/A Palo Alto includes Protect Natural Floodplains-keep rain gutters and creeks free of debris messages on flood
safety tips sent as Utility Announcement and the flier sent as an attachment on utility bills every year.
(PA OP #79) Participates in annual clean-up events: National River Clean-up Day (NRCD) and Coastal Clean-Up Day (CCD). They coordinate with Valley Water on both these clean-up efforts. Additionally, the city participates in Valley Water’s Adopt-a-Creek Program
City of Palo Alto Each May
(NRCD) and
September
(CCD)
Volunteers
Valley Water
Stream
Stewardship
Palo Alto participates every year during National River Clean-up Day on Matadero and Adobe Creek. Palo Alto
also participates in the multi-jurisdictional effort on creek clean-up of San Francisquito Creek.
(PA OP #80) Clean-ups of trash booms located in Matadero Creek and Adobe Creek are done annually on an as-needed basis. The city also assesses its hot spots and cleans up the local drainage system on an ongoing basis and part of its operations and maintenance
City of Palo Alto Annually,
as needed
N/A Palo Alto City staff clean-ups trash booms on Matadero Creek and Adobe Creek, assess hot spots and clean ups
on an ongoing basis on the entire City’s storm drain
network system.
(SUN OP #81) “Horizon” newsletter includes a “Know How to Be FloodSafe” article that promotes the Do Not Dump message
City of Sunnyvale Each October,
Fall Edition
N/A Sunnyvale: The City still includes a “flood Safe” message in the fall Horizon.

Residents and
Businesses in the
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Residents/businesses in
the SFHA are aware
they’re in the SFHA and
prepare before floods
(VW OP #82) Multi-language floodplain mailer (FPM) to all residents and businesses within the SFHA in Santa Clara County (Topics 1– 9)
Valley Water Each
November/
December
All Valley Water’s multi-language (English, Spanish, Chinese, and Vietnamese) FY 21-22 FPM was sent to all SC County
parcels in the FEMA SFHA; 54,790 FPMs were mailed on
December 13-14, 2021.

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14 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Special Flood Hazard
Area (SFHA)
- Low Lying Areas, Along
Rivers and Creeks
- Coastal Communities at
Risk for Sea Level
Rise/Tsunamis
- Repetitive Loss (RL)
Areas
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
Increase in number of
flood insurance policies
in the SFHAs and RLAs in
the county in general
Prospective buyers
understand flood risks
Increase number of
elevation certificates on
file, and structures
repaired with permits;
decrease the number of
repetitive loss increase
homes
Increase in the number
of flood insurance
policies with contents
coverage
Los Altos supports this effort.
(CUP OP #83) Flood notice in the local newsletter, The Cupertino Scene, which reaches residents and businesses in the SFHA (Topics 1-9) City of Cupertino Each October or
November issue
N/A Cupertino published the annual flood preparation article in the November 2021 issue of “The Cupertino Scene”.
(LA OP #84) Letter, along with a “Are You Prepared for a Flood in Your Neighborhood?” brochure to property owners in the SFHA (Topics 1-8) City of Los Altos Annually, each
fall
N/A Los Altos: A utility bill insert was sent out to all residential customers in October and all commercial customers in
December via Mission Trail (Refuse Collection partner). A letter to all SFHA property owners will be sent during
FY2022.
(LAH OP #85) The town’s “Our Town” quarterly newsletter includes information on flood preparedness. The newsletter is mailed out town-wide and is also available online on the town’s website (Topics TBD during cycle visit) Town of Los
Altos Hills
Each fall N/A Town of Los Altos Hills: No update available - non-CRS participating community.
(MIL OP #86) “Flood Public Advisory” brochure to residents and businesses within SFHA (Topics 1-6)
City of Milpitas Each December
or January
N/A Milpitas: A utility bill insert was sent to every address in Milpitas on 12/10/21. This was sent in four languages
(English, Vietnamese, Spanish and Chinese).
(MH OP #87) Sends a citywide “Flood Report” brochure, including to those in the SFHA (Topics 1-9)
City of Morgan
Hill
Annually, close
to or during the
start of the
rainy season
N/A Morgan Hill’s “2021 Flood Report” brochure was sent out citywide.
(MV OP #88) Sends “The View” citywide newsletter, Winter version, includes information on flood risk, flood safety, and the importance of buying flood insurance (Topics 1-9)
City of Mountain
View
Fall newsletter
edition
N/A Mountain View published the Volume 2, 2021 edition of the View in September 2021 that featured information on flood awareness, flood insurance, and preparing for the winter storm.
(MV OP #89) Mails a utility bill insert to all resident and businesses that contains information on flood risk, flood safety, and the importance of buying flood insurance (Topics 9)
City of Mountain
View
Between July -
September
N/A Mountain View sent out Valley Water’s Get Flood Ready flier as a utility billing insert to every City utility customer between 9/6/2021 and 10/25/2021.
(PA OP #90) Sends the “Are You Ready for Winter Storms?’ flier (aka utilities mailer) to all residents and businesses in the city, including to those in the SFHA, along with their utility bills (Topics 1-9)
City of Palo Alto Each fall N/A Palo Alto sent “Are you Ready for Winter Storms?” flier as utility inserts during fall of 2021.
(PA OP #91) Sends out utility announcement, “Anytime it can rain, it can flood.

Don’t get caught off-guard” (Topics 1, 2,3, 4, 5, 6, 7, & 9 – will pursue adding other topic)
City of Palo Alto Each
March/April
N/A Palo Alto sent flood safety tips as a utility announcement in March 2021.
(SC OP #92) Mails out a citywide, including all addresses in the SFHA, newsletter for residents and businesses called “Inside Santa Clara” (Topics 1-9) City of Santa
Clara
Each fall N/A Santa Clara: Newsletter was sent on November 1, 2021, and available on City website.

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15 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
(SUN OP #93) Sends two (2) mailers and one (1) “Horizon” newsletter article “Know How to Be Flood Safe” that promotes flood safety and flood preparedness messaging targeted to all residents and businesses within the SFHA (Topics 2 and 4) City of Sunnyvale Each fall around
October
N/A Sunnyvale: The City still sends out mailers to targeted residents and a flood safe newsletter article.
(SUN OP #94) Sends mailer to all those in the SFHA (Topics 1-4, and 7) City of Sunnyvale Each October N/A Sunnyvale: The City still sends out these mailers. The mailers were sent October 2021.

Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Increase in number of
flood insurance policies
in the SFHAs, RLAs, and
in the county in general
Prospective buyers
understand flood risks
Increase in the number
of flood insurance
policies with contents
coverage
(SCC OP #95) Sends letters to the properties in the unincorporated section in the areas of the county’s mapped repetitive loss areas
Santa Clara
County
Annually, each
fall
N/A Santa Clara County: No update available - non-CRS
participating community.
(CUP OP #96) Continues to send a letter to former repetitive loss properties City of Cupertino Annually, midyearN/A Cupertino continues to send out an annual letter to former repetitive loss properties.
(MH OP #97) Sends a notice to repetitive loss (RL) areas as required by FEMA City of Morgan Hill
Annually, each
summer
N/A Morgan Hill sent letters to properties in the City’s mapped repetitive loss areas in July 2021.
(PA OP #98) Sends letters to the properties in the city’s mapped repetitive loss areas, highlighting flood safety tips
City of Palo Alto Annually,
typically August
- September
N/A Palo Alto sent letters to properties in the City’s mapped repetitive loss areas, highlighting flood safety tips in August 2021.
(SJ OP #99) Sends letters to the properties in the city’s mapped repetitive loss areas City of San Jose Annually, each typically
between
September -
December
N/A San Jose: Letters sent to general repetitive loss property areas in March 2022.

Messengers to Other
Target Audiences
(Organizations &
Businesses Serving the
Community)
Topic 1: Know your flood hazard
Message 1A - Know your flood risk
Message 1B - Contact your floodplain manager to find out if your property is in a floodplain
Message 1C - Check if your home or business is in a Special Flood Hazard Area
Topic 2: Insure your property for your flood hazard
Message 2A - Get flood insurance ahead of time
Message 2B – Insure your property
Message 2C – There is a 30-day waiting period for the policy to take place
Topic 3: Protect people from the flood hazard
Message 3A - Put your 3-day emergency kit together
Message 3B - Follow evacuation orders
Message 3C – Learn the best route to high ground
Topic 4: Protect your property from the flood hazard
Message 4A - Protect your property from the flood hazard Message 4B - Prepare your home
Educate our community
on flood protection and
preparedness measures
by working and
coordinating with groups
who serve as
messengers, to people
who are at risk of
flooding, as they provide
their respective business
service
(VW OP #100) Administers a “Let’s Talk Water” Speakers Bureau Program that customizes presentations to update groups on specific issues provide updates on Valley Water projects, including flood protection projects and to educate residents on existing flood risks as well as provide resources and tips to be flood ready. https://www.valleywater.org/learning-center/lets-talk-water-speakers-bureau Valley Water
Communications
Unit
On a projectspecific basis or
as requested
Could vary from
year-to-year
Kiwanis
Rotary Clubs
Homeowners
and
Neighborhood
Associations
Forum Groups
Association of
Realtors
Valley Water’s ‘Let’s Talk Water’ Speakers Bureau
Program is active and available to the community.

General presentations discuss Valley Water’s flood
protection, including flood preparedness and awareness, and our creeks and ecosystems. Customized
presentations for groups on specific issues are also
available.
(VW OP #101) Participates in booth duty support at various events and fairs throughout the county, including Valley Water Capital project meetings or other events, as reque
sted by various organizations
Valley Water
Office of
Government
Relations
Annually.

During the
flood season
(starting in
September –
May)
All Santa Clara
County CRS
Communities
Valley Water did not undertake booth support during
FY22 due to the COVID-19 pandemic.
(VW OP #102) Partner with local Second Harvest Food Bank with distributing FEMA and Valley Water flood preparedness materials, including promotional item(s) as available
Valley Water CRS
Program
In October
(during CFPW)
Second Harvest
Food Bank of
Silicon Valley
Valley Water partnered with Second Harvest Food Bank
(SHFB) of Silicon Valley in October 2021. 2,000 ‘Get Flood Ready’ emergency starter kit donations were distributed by SHFB on behalf of all Santa Clara County CRS
communities.

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16 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
Message 4C - Sandbags can offer protection against a foot or less of floodwater
Message 4E - Get sandbags before a flood
Topic 5: Build responsibility
Message 5A - Build responsibly in floodplains
Message 5B - Comply with development requirements
Message 5C - Check with your local floodplain manager before you build Topic 6: Protect natural floodplain functions
Message 6A -Keep creeks clean and flowing
Message 6B - Keep debris and trash out of our streams
Message 6C - Don’t pollute, dump, or drain anything in creeks Topic 7: Develop a Family Emergency Plan
Message 7A: Develop an emergency plan
Topic 8: Download disaster Apps
Message 8A - Download disaster emergency apps
Topic 9: Understand shallow flooding risks – don’t drive through standing water
Message 9A - Understand shallow flooding risks - don’t drive through standing water
FEMA’s message: “Turn Around Don't Drown®.”
(ALL OP #103) Other New Initiatives (as noted in the PPI document)

1. Continue and expand the standardized flood message prepared for each community to include flood messages in utility bills each year, including PG&E.

2. Expand on partnerships with local chambers of commerce to disseminate and share flood preparedness information.

3. Expand on outreach to the Asian and Latino communities who live in flood prone areas.

4. Expand on outreach to “hot spot” flood prone areas by hosting on-site or virtual events.

5. Expand on reaching local homeowners associations (HOA)s and apartment associations (i.e. Executive Council of Homeowners [ECHO])

6. Expand on reaching residents in marginal and low-income communities through partnering with organizations that reach these communities. (i.e. Second Harvest Food Bank and others)

7. Communities could pursue FEMA Matching Funds Grants for severe Repetitive Loss Areas.

8. Review and expand other public information activities, such as Flood Protection Assistance (Activity 360) and Flood Insurance Promotion (Activity 370).

9. Develop a region-wide Flood Response Preparations (FRP) messaging plan.

All TBD TBD Valley Water, as the lead agency for the Santa Clara County CRS Group/PPI Committee, included the ‘New
Initiative’ topic for discussion on its August 2021,
March 10, 2022, and May 19, 2022 meeting agendas.

The following new initiatives were accomplished in FY22:
1). Valley Water continues to offer assistance to all
communities for standardizing flood messaging to include as a utility bill insert.
5). Valley Water’s ‘Let's Talk Water: Speakers Bureau
Program offers presentations on the history of the district and how we operate and includes information on flood
preparedness. Presentations can be customized for
groups, as requested.
6). Due to the COVID-19 pandemic, countywide in-person
community events in FY22 were postponed or canceled.

Instead, Valley Water partnered with Second Harvest
Food Bank of Silicon Valley to distribute 2,000 emergency preparedness starter kits of emergency supplies to
underserved communities in October 2021.
9). At the May 19, 2022 CRS Users Group/PPI Committee
Meeting, this initiative was discussed. The idea was to develop an FRP similar to the one submitted by the City of Santa Clara for which full FRP credit was yielded. As we are looking at the feasibility of regionalizing the CRS Program for our area, this initiative will be evaluated in conjunction with the Feasibility Study being conducted. (CUP OP #104) The city provides a Winter Preparedness notification informing contractors that during the winter season, they need to winterize their project(s) site as certain soil disturbance activities are not allowed during the rainy season City of Cupertino On a projectspecific basisVarious
contractors
Cupertino continues to prepare and mail the rainy season letters every year to applicable projects. These letters were mailed in late August 2021.
(MIL OP#105) On a project-specific basis, the city provides contractors a Winter Preparedness notification that informs them that during the winter season, they need to winterize their project(s) site. Certain soil disturbance activities are not allowed during the rainy season
City of Milpitas On a projectspecific basisVarious
contractors
Milpitas: On-going. The City of Milpitas will be sending out winterization notices to larger development projects this winter.

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17 Appendix A
CRS Creditable Outreach and Flood Response Projects by CRS Community Santa Clara County Multi-Jurisdictional PPI 2021
FY 2022 (Year 1) Project Accomplishments by CRS Communities Audience 1 Message Outcome
Project(s) Proposed to
Support the Messages
(XX denotes Community acronym,
and Outreach Project #)
Assignment 2 Schedule
3 Stakeholder
FY 2022
Project Accomplishments

INPUT HERE ONLY
These projects are
credited under Activity
340 (DFH and REB) –
Additional credit is
provided if the PPI states
that real estate agents
should (or have agreed
to) advise house hunters
about the flood hazard
and that real estate
agents give house
hunters a REB brochure
(SJ OP #108) Sends out letters to real estate and insurance agencies and lenders, informing them of their responsibility to identify flood hazard areas and to take advantage of the Flood Zone Lookup on the city’s website on the “Flood Hazard Zones webpage and advises to contact the city for map reading services and elevation certificates on file
City of San Jose At the
beginning of
the flood
season
(September –
December)
Real Estate
Agencies/Agent
San Jose: Email letters to real estate, insurance agencies and lenders in January 2022.
(SUN OP #109) Sends mailer/postcard targeted to real estate agents informing them of the client’s responsibility for identification and purchase of flood insurance and the availability of the automatic 15% discount
City of Sunnyvale Each October Real Estate
Agencies/Agents
Sunnyvale: The City sent the mailers to real estate agents September 2021.

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Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement (See page 2 of this agenda) Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5 (See page 2 of this agenda) Section Meeting Topic Presenter Time

1. Introductions All 10 min

2. Review of the meeting Purpose and Outcome Merna Leal 2 min

3. 350 – Flood Protection Information
Element c). Flood Protection Website (WEB):
• Monthly (links) and annual review (content) of communities’ Flood Information landing page
Merna Leal 2 min

4. Best practices for the Verification Cycle Visit - Discussion by Insurance Services Office (ISO)
 Addendum to the 2017 CRS Coordinators Manual (Edition: 2021) Effective January 1, 2021
- Class 8 New Prerequisite: Enforcement of a freeboard
standard for residential buildings
- Class 6 Updated Prerequisite: New subsection inserted - Class 9 New/modified Prerequisite: Subsection (3) replaced, and first sentence of Subsection (5) replaced
 Need to see all higher NFIP regulations marked up in community’s ordinance or regulations
 Correlate Open Spaces with required parcel spreadsheet(s) Heidi Carlin, ISO
CRS Specialist 5 min

5. 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Evaluation Report, Year 1 of 5
 Assess whether the desired outcomes were achieved and what, if anything, should be changed
 Which communities have adopted the PPI? Conformed/enacted copy should be in Egnyte; please upload and send copy to VW  Using the 2021 PPI and Activity 330 Outreach Project worksheets provided on 5/20/21, discuss how communities will submit updates to Valley Water for consolidating report input
 Communities’ updates due by next CRS Users Group Meeting or sooner
All 45 min

6. Next meeting – Joint CRS Users Group/Program for Public Information (PPI) Committee Meeting All 2 min

7. Adjourn
For questions, please contact Merna Leal at (408) 630-2366 or [email protected] Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting March 10, 2022 | 1-3 p.m.

Zoom Meeting
https://valleywater.zoom.us/j/88438590277?pwd=VDBFbWs5aEVBSlAyQ2FaT3BValNoZz09&from=addon Meeting ID: 884 3859 0277 | Passcode: 568494 | +1 669 900 9128 US (San Jose) ATTACHMENT 3

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Excerpts from the CRS Coordinator’s Manual, Activity 330 |Edition: 2017 ATTACHMENT 3

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Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet March 10, 2022
1:00 - 3:00pm
Zoom
Attendees
Name (Original Name) Guest
Merna Leal, Valley Water No
Sherilyn Tran, Valley Water No
Warren Wettenstein, Milpitas External Stakeholder Yes
Brian Petrovic, Milpitas Yes
Evelyn Liang, Santa Clara Yes
Lea Velasco, Sunnyvale Yes
Christian Tran, Santa Clara Yes
Maria Angeles, Morgan Hill Yes
Amy Fonseca, Valley Water No
Vency Woo, Los Altos Yes
Heidi M. Carlin, CFM - ISO Yes
Jennifer Chu, Cupertino Yes
Gabrielle Abdon, Mountain View Yes
Arlene Lew, San Jose Yes
Renee Gunn, Moutain View Yes
Marlene Jacobs - ISO Yes
Roberto Alonzo, Milpitas Yes
Rajeev Hada, Palo Alto Yes
Suzanne Park, Sunnyvale Yes
Elizabeth Koo, Miplitas Yes
Vivian Tom, San Jose Yes
Steve Golden, Los Altos Yes
Gary Heap, Gilroy Yes
Daryl Jordan, Gilroy Yes
Tamara Davis, Sunnyvale Yes
Steven Erickson, Milpitas Yes
David Dorcich, Saratoga Yes
Peter Pirnejad, Town of Los Altos Hills Yes
Quorum Met: Missing communities, County of Santa Clara, Town of Los Gatos ATTACHMENT 4

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+1 669 900 9128 US (San Jose)
Purpose: PPI Stakeholder Committee Annual Evaluation Meeting to monitor the Implementation of the 2021 Santa Clara County Multi-Jurisdictional Program for Public Information per Activity 330, Outreach Project, Element 332.c. Program for Public Information (PPI), Step 7 requirement Outcome: 2021 PPI Annual Evaluation Report, Year 1 of 5 Section Meeting Topic Presenter Time

1. Introductions Amy Fonseca 10 min

2. Review of the meeting goals and agenda Amy Fonseca 5 min

3. FY21-22 Flood Awareness Campaign new approach: targeted outreach items to all addresses in the FEMA SFHA
FY22-23 Flood Awareness Campaign
Paola Giles 20 min

4. Public Event Giveaway Items (All)
• Emergency starter kits Amy Fonseca 5 min

5. California Flood Preparedness Week (October 2022)
• Statewide Agency Coordination Calls leading up to
CFPW (kicks off mid-May to early June 2022)
• Annual Valley Water Board Resolution
• Flood event kits for all cities/county
• Lobby display example
Amy Fonseca 20 min

6. Complete development of the 2021 Multi-Jurisdictional Program for Public Information (PPI) Annual Report, Year 1 of 5 Note: Due during 5-year cycle visit or as part of annual recertification, due 8/1/22) Merna Leal 30 min

7. Activity 350 – Flood Protection Information
• Annual comprehensive review of communities’ flood
information websites
Amy Fonseca 5 min

8. Other items
• ISO training - TBD Amy Fonseca 5 min

9. Adjourn
For questions, please contact Amy Fonseca at (408) 630-3005 (office) or (408) 691-8889 (cell) or [email protected]
Agenda
Santa Clara County CRS Users Group & Program for Public Information (PPI) Committee Meeting May 19, 2022 | 10:00am – 12:00 noon
Join Zoom Meeting
https://valleywater.zoom.us/j/82332622770?pwd=bVBXa3pYcG54Y2d6WjRzMEFxVzB3dz09 Meeting ID: 823 3262 2770
Passcode: 174435
ATTACHMENT 5

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Santa Clara County CRS Users Group / PPI Committee Meeting Attendance Sheet May 19, 2022
10:00 - 12:00noon
Zoom
Name (Original Name) Guest
Merna Leal (Valley Water) No
Amy Fonseca (Valley Water) No
Gabrielle Abdon (City of Mountain View) Yes
Lea Velasco (City of Sunnyvale) Yes
Meghan Azralon (Valley Water) No
Christian Tran (City of Santa Clara) Yes
Paola Giles (Valley Water) No
Falguni Amin (City of Santa Clara) Yes
David Dorcich (City of Saratoga) Yes
Elizabeth Koo (City of Milpitas) Yes
Gary Heap (City of Gilroy) Yes
Vivian Tom (City of San Jose) Yes
Jenn Chu (City of Cupertino) Yes
Darrell Wong (Santa Clara County) Yes
Roberto Alonzo (City of Milpitas) Yes
Steve Golden (City of Los Altos) Yes
Rajeev Hada (City of Palo Alto) Yes
Peri Newby (City of Campbell) Yes
Brian Petrovic (City of Milpitas) Yes
Swanee Edwards (City of Morgan Hill Ext. Stakeholder) Yes Renee Gunn (City of Mountain View) Yes
Quorum Met: Missing communities, Town of Los Altos Hills, Town of Los Gatos ATTACHMENT 6

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CITY OF CUPERTINO
Agenda Item
22-11209 Agenda Date: 7/19/2022
Agenda #: 24.

Subject: Consider authorizing Change Order No. 1 for the Playground Equipment Replacement Project at Creekside Park Tot Lot.

1. Authorize the City Manager to execute an amendment between the City of Cupertino and Miracle Play Systems, Inc., in the amount of $1,405.29; and

2. Approve an amendment to the contract to increase the maximum compensation by $1,405.29 for a total contract amount of $223,601.25.

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CITY COUNCIL STAFF REPORT
Meeting: July 19, 2022
Subject
Consider authorizing Change Order No. 1 for the Playground Equipment Replacement Project at Creekside Park Tot Lot.

Recommended Action

1. Authorize the City Manager to execute an amendment between the City of Cupertino and Miracle Play Systems, Inc., in the amount of $1,405.29; and

2. Approve an amendment to the contract to increase the maximum compensation by $1,405.29 for a total contract amount of $223,601.25.

Background
The Annual Playground Equipment Replacement Project was established in Fiscal Year (FY) 2020-21, with the estimated project cost being $1,500,000 over five years. The purpose of the project is to replace older playground equipment that is dated and worn.

Discussion
On September 21, 2021, the City Council approved a contract with Miracle Play Systems, Inc. for $222,194.96. As part of the contract, Miracle Play Systems Inc. is to provide the City with a turnkey design, manufacturing, and installation for themed and accessible playground equipment and surfaces.

Change Order No. 1 is needed to address an unforeseen drainage condition in the swing area which will help to prevent degradation of rubber surfacing.

Sustainability Impact
No sustainability impacts.

Fiscal Impact
This action does not require additional funds. The project is funded through account 420-99-085 for playground equipment replacements, which has adequate funding to cover the change order. No budget adjustment is necessary. _____________________________________
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Prepared by: Evelyn Moran, Project Manager
Reviewed by: Susan Michael, Capital Improvements Program Manager Reviewed by: Chad Mosley, Acting Director of Public Works Reviewed and Approved for Submission by: Dianne Thompson, Acting City Manager 612
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CITY OF CUPERTINO
Agenda Item
22-11102 Agenda Date: 7/19/2022
Agenda #: 25.

Subject: Consider conducting the Second Reading of Ordinance No. 22-2241: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections

19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission”
Conduct the Second Reading and enact Ordinance No. 22-2241: "An Ordinance of the City Council of the City of Cupertino Amending Cupertino Municipal Code Chapter 2.80 and Sections 19.102.040, 19.148.030,

19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission.”
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1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE CHAPTER 2.80 AND SECTIONS

19.102.040, 19.148.030, 19.148.050, 19.148.060, AND 19.148.090 TO ADOPT A NAME

CHANGE FOR THE FINE ARTS COMMISSION TO THE ARTS AND CULTURE

COMMISSION
The City Council of the City of Cupertino finds that:

1. WHEREAS, the City Council assigned a Fiscal Year 2021-2022 City Work Program to change the name of the Fine Arts Commission to broaden the reach of potential interest and algin with the commission goals.

2. WHEREAS, at the January 24 Fine Arts Commission meeting, the Commission reviewed Art Commission names in 13 Santa Clara County cities and proposed two options for the name change.

3. WHEREAS, a Fine Arts Commission Name Change Survey was available for public input from April 18 to May 13.

4. WHEREAS, the Fine Arts Commission reviewed the survey responses on May 23 and recommended to City Council to consider and adopt a name change for the Fine Arts Commission to the Arts and Culture Commission.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, 614
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Ordinance No. __________

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unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action a commission name change would have no or only a de minimis effect on the environment.

The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
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Ordinance No. __________

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INTRODUCED at a regular meeting of the Cupertino City Council on June 21, 2022 and ENACTED at a regular meeting of the Cupertino City Council on July 19, 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Attachment A – Page 1
Attachment A – Amending Cupertino Municipal Code chapter 2.80 and sections

19.102.040, 19.148.030, 19.148.050, 19.148.060, and 19.148.090 to adopt a name change for the Fine Arts Commission to the Arts and Culture Commission The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted in shown in strikethrough (example). Text in existing provisions is not amended or readopted by this Ordinance. Text in italics is explanatory and is not an amendment to the Code.

This ordinance amends several portions of the Municipal Code. For ease of review, the amendments advancing the primary objective are presented first followed by conforming amendments. There is a separate heading in bold italics for each portion of the Code being amended. Each portion is shown beginning on a separate page.

1. Chapter 2.80 of the Cupertino Municipal Code is amended to read as follows:

Chapter 2.80: Fine Arts and Culture Commission

2. Amendments to Section 2.80.010 concerning changes to the Commission’s name:

2.80.010 Established.

The Fine Arts and Culture Commission is established. The Fine Arts and Culture Commission shall consist of five members, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. At least three members shall be City of Cupertino residents. Members of the Fine Arts and Culture Commission shall be appointed by the City Council. Membership will be drawn to represent the arts, citizens and business community on an approximately equal basis.

3. Amendment to Section 2.80.020 concerning changes to the Commission’s name:

2.80.020 Terms of Office.

A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Fine Arts and Culture Commission shall be for four years and shall end 617
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Fine Arts Commission Name Change- Page 2
on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms, except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years.

B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies.

4. Amendments to Section 2.80.050 concerning changes to the Commission’s name:

2.80.050 Meetings–Quorum.

A. The Fine Arts and Culture Commission shall establish a regular place of meeting and rules of conduct thereof and shall hold at least one regular meeting every other month.

B. A majority of the Fine Arts and Culture Commission shall constitute a quorum for the purpose of transacting the business of the Commission.

5. Amendment to Section 2.80.080 concerning changes to the Commission’s name:

2.80.080 Powers and Functions.

A. The powers and functions of the Fine Arts and Culture Commission shall be to foster, encourage and assist the realization, preservation and advancement of fine arts and culture for the benefit of the citizens of Cupertino.

B. To fulfill their mission, the Commission may involve itself in the following activities:

1. Act as a catalyst for the promotion of fine arts and culture activities;

2. Keep current on potential fine arts and culture activities which would be available to the community;

3. Provide liaison between various fine arts and culture activities;

4. Provide a means for coordination for fine arts and culture groups or facilities which may exist within the community;

5. Maintain an inventory of facilities available for related fine arts and culture activities within the community;

6. Provide screening and/or review for fine arts and culture activities wishing to obtain city funds or utilize public facilities;

7. Provide information to the community relating to the arts;

8. Foster the development of public art within the community;

9. Be vigilant in exploring and advancing the range of fine arts and culture activities available to the community;

10. Enhance the interaction between arts and business;
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Fine Arts Commission Name Change- Page 3

11. Any other activity which may be deemed appropriate and necessary.

6. Amendment to Section 2.80.090 concerning changes to the Commission’s name:

2.80.090 Compensation–Expenses.

Members of the Fine Arts and Culture Commission shall serve without compensation.

Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager.

7. Amendment to Section 19.102.040 concerning changes to the Commission’s name:

19.102.040 Outdoor Lighting Requirements.

A. Submittal Requirements: Projects subject to outdoor lighting regulations must submit the following information:

1. A site plan indicating the location of all outdoor lighting fixtures.

2. A description of each lighting fixture. This description may include, but not be limited to, manufacturer’s catalog cuts and drawings (including sections if requested), lamp types, and lumen outputs.

3. Photometric plans, prepared, stamped and signed by a licensed professional engineer qualified in outdoor lighting, depicting the location of all outdoor lighting fixtures and building-mounted lighting fixtures and a maximum ten-foot by ten-foot grid of both the initial and maintained lighting levels on the site, including any impact on adjacent properties.

4. The project lighting plan shall indicate how lighting has been coordinated with any associated landscaping plan to prevent site planning conflicts.

5. Any other information the Director may determine is necessary to ensure that the proposed lighting is in compliance with the provisions of this Chapter.

6. Any of the above requirements may be waived by the Director of Community Development when determined to be unnecessary for determining compliance with the provisions of this Chapter.

B. Outdoor Lighting Standards

1. All outdoor lighting shall be fully shielded fixtures, directed downward to meet the particular need and away from adjacent properties and rights-of way to avoid light trespass, except:
a. Low-voltage Landscape Lighting: Low-voltage landscape lighting, such as that used to illuminate fountains, shrubbery, trees, and walkways, do not have to be shielded fixtures and may use uplighting, provided that they use no more than ten (10) watt incandescent bulb or LED equivalent, or a maximum of 150 lumens (whichever is less), and not directed toward the right-of-way.
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b. Architectural Features: Uplighting may be used to highlight special architectural features.
c. Public Art: Alternative lighting standards may be used to illuminate public art or serve as public art subject to the review and approval by the Fine Arts and Culture Commission.
d. Historic Lighting Fixtures: Lighting fixtures that are historic or that exhibit a historical period appearance, as determined by the Director of Community Development, need not be fully shielded.
e. String Lighting: String Lighting may be used in compliance with Section

19.102.040 (B) (12).

2. Illumination Levels
a. No exterior light, combination of exterior lights, or activity shall cast light exceeding zero point one (0.1) foot-candle onto an adjacent or nearby property, with the illumination level measured at the property line between the lot on which the light is located and the adjacent lot, at the point nearest to the light source, except if two adjacent properties are non-residential, or function as a shopping center, and agree to coordinate lighting.
b. No direct off-site glare from a light source shall be visible above three feet at a public right-of-way.
c. The maximum light intensity on a site shall not exceed a maintained value of ten foot-candles, when measured at finished grade.
d. Parking lots, sidewalks and other areas accessible to pedestrians and automobiles on properties with four or more units, mixed-use development, and nonresidential development shall be illuminated with uniform and adequate intensity.

Typical standards to achieve uniform and adequate intensity are:
i. Average horizontal maintained illumination shall not be more than three footcandle. ii. Maximum to minimum ratio should be between 6:1 and 10:1, but shall not be more than 10:1.
e. Critical areas of illumination such as stairways, ramps and main walkways may have a higher illumination.

3. All light sources shall have a maintained correlated color temperature of 3,000 Kelvin or less.

4. All outdoor lighting shall be fully extinguished or be motion sensor operated by 11:00 p.m. or when people are no longer present in exterior areas, whichever is later, except for:
a. Critical lighting pursuant to section 2(e) above;
b. Any lighting at building entrances, parking areas, walkways, and driveways area required to remain illuminated after 11:00 p.m. by the California Building Code or state law;
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c. Lighting of an appropriate intensity, allowed in conjunction with uses that are permitted to operate past 11:00 p.m., with a conditional use permit; and d. Outdoor solar powered pathway lights that are 25 lumens or less. e. Lighting that illuminates a pedestrian pathway (examples include bollard, inplace step, or building mounted), provided that such lighting is a maximum height of four (4) feet above the pathway, fully shielded, and downward directed.

5. Automated control systems, such as motion sensors and timers, shall be used to meet the outdoor lighting requirements.
a. Photocells or photocontrols shall be used to extinguish all outdoor lighting automatically when sufficient daylight is available.
b. All lighting activated by motion sensors shall extinguish no more than 10 minutes after activation.
c. Automated controls shall be full programmable and supported by battery or similar backup.

6. Security lighting may be provided when necessary to protect persons and property. When security lighting is utilized only the following standards shall apply:
a. Security lighting shall be controlled by a programmable motion-sensor device, except where continuous lighting is required by the California Building Code. All lighting activated by motion sensors shall extinguish no more than 10 minutes after activation. Automated controls shall be fully programmable and supported by battery or similar backup.
b. Security lighting shall be downward directed, shielded, and not be mounted at a height that exceeds 12 feet, measured from the adjacent grade to the bottom of the fixture.
c. Floodlights shall not be permitted.
d. Security lights intended to illuminate a perimeter, such as a fence line, are permitted only if such lights do not result in light trespass. e. Motion-activated security lights shall not use lamps that exceed 100 watt incandescent bulb or LED equivalent, or a maximum of 1,600 lumens (whichever is less).

7. Lighting design standards:
a. Lighting fixtures must be of a design that complements building and landscaping design.
b. Lighting fixtures shall be appropriate in height, intensity, and scale to the use they are serving. Parking lot lights in non-residential zones shall not exceed a height of 21 feet, and any wall-mounted lights shall not exceed a height of 12 feet, measured from the adjacent grade to the bottom of the fixture.

8. Service Station Canopies: The following standards shall apply to service station canopy lighting, in addition to all other applicable standards:
a. Lighting fixtures in the ceiling of canopies shall be fully recessed in the canopy. 621
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b. Light fixtures shall not be mounted on top of the fascia of such canopies. c. The maximum light intensity under the canopy shall not exceed an average maintained foot-candle (horizontal) of 12.5, when measured at finished grade. d. The fascia of such canopies shall not be illuminated, except for approved signage in compliance with Chapter 19.104.

9. Areas around Automatic Teller Machines shall meet minimum standards required by the State of California Business and Professions Code.

10. All lighting must comply with the requirements of the California Building Code. Should a conflict exist with the provisions of this Chapter, the standards in the California Building Code shall prevail.

11. Lighting in ML zones shall additionally comply with the standards in Chapter

19.72. 12. String Lighting Regulations:
a. String lighting is different from holiday and/or seasonal lighting, and in addition to subsections (b) and (c) as applicable below, shall not be:
i. Blinking and/or chasing lights
ii. Secured with materials or in a manner that will puncture the skin or restrict the growth of any living landscape feature.
iii. Attached to a fence in a manner that permits light trespass to adjacent property.
iv. More than a 2.8-watt incandescent bulb system or equivalent LED system and emit no more than 42 lumens (whichever is less).
b. Residential Areas: String lighting is permitted subject to the following requirements:
i. It shall not illuminate more than fifty (50) percent of the rear yard or 500 sq. ft., whichever is more restrictive.
ii. It shall not be visible from the City right-of-way. iii. It shall be used primarily to illuminate patio areas. iv. It shall be extinguished by 11:00 p.m.
c. Commercial and Mixed-Use Commercial Areas: String lighting may be permitted subject to the following requirements, with approval of the Director of Community Development:
i. Any development or property is permitted to submit one application for string lighting, which shall include all uses of string lighting on the development or property.
ii. It shall not illuminate an area greater than:

1. Five (5) percent of the building(s) footprint of a shopping center, and,

2. Fifteen (15) percent for a freestanding commercial building not part of a shopping center.
iii. It is limited to the lighting of the following:
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1. Living landscape features (trees, shrubs, etc.), if used in combination with other highlighting or pedestrian lighting fixtures within the immediate area, and,

2. Designated outside dining or display areas.

C. Prohibited Lighting: The following types of lighting are prohibited:

1. Outdoor lighting that blinks, flashes, or rotates except those that may be permitted pursuant to Chapter 10.26.

2. Outdoor flood lights that project above the horizontal plane.

3. Lighting that unnecessarily illuminates any other lot or substantially interferes with use or enjoyment of that lot.

4. High-intensity discharge lighting for recreation courts on private property.

5. Spotlights.

D. Exemptions: The following types of lighting are exempt from the lighting requirements of the Chapter:

1. Lighting within the public right-of-way and public parks

2. Permitted lighting for signs pursuant to Chapter 19.104 of the Municipal Code

3. Temporary construction or emergency lighting

4. Short-term lighting authorized by a special events permit

5. Holiday seasonal lighting during the period of October 15 through January 15 of each year

6. Required lighting to comply with Building Code, Fire Code, or state law. To the extent permitted by Building Code, Fire Code, or state law such lighting shall additionally comply with the requirements of this Chapter.

8. Amendment to Section 19.148.030 concerning changes to the Commission’s name:

19.148.030 Permitted Artwork.

Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following:

A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials;
B. Painting: all media, including portable and permanently affixed works, such as murals;
C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale;
D. Mosaics;
E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles;
F. Any other form of work of art determined by the Fine Arts and Culture Commission to satisfy the intent of this chapter.
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9. Amendment to Section 19.148.050 concerning changes to the Commission’s name:

19.148.050 Application Procedures for Public Artwork.

A. An application for public artwork shall include all requirements of Chapter 19.12.

B. Application for public art for a new development shall be made in conjunction with the review of the permits for the entire project, in order that the design and location be taken into consideration at the time of architectural and site planning, as outlined in Chapter 19.168.

C. The Fine Arts and Culture Commission shall review for approval the public art application and artwork. The decision of the Fine Arts and Culture Commission may be appealed in accordance with Sections 1.16.020 and 19.12.030 of the Cupertino Municipal Code, or as amended.

10. Amendment to Section 19.148.060 concerning changes to the Commission’s name:

19.148.060 Design Criteria and Artist Qualifications.

It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer of the property, but the artwork and its location is subject to approval of the Fine Arts and Culture Commission.

A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria:

A. The artwork is of a nature specified in Section 19.148.030.

B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Fine Arts and Culture Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/or architecture of the buildings.

C. The artwork shall be easily visible from the public street and be located in an area specifically designated on the project site plan. Appropriate locations include, but are not limited to, entryways to the property, greenbelts, and building exteriors. The artwork must be in permanent view to motorists and pedestrians. Artwork located at the entrance to a development should make a major statement and be visible from the main parking lot, if any. When located in proximity to major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist.

D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a 624
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visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away.

E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather.

F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order to encourage a wide range of art styles and materials, and to create a balanced and interesting aesthetic appearance. The developer is encouraged to give preference to artists living or working in the San Francisco Bay area, and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries.

G. Because the artwork will necessarily be highly visible to the public and be associated with City requirements, expressions of obvious bad taste or profanity shall not be approved.

H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided.

I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of installation, title and artist, and medium.

J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork.

K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05-040, or as later amended.

L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be primarily for the purpose of determining the artist's experience with artwork of monumental proportion.

11. Amendment to Section 19.148.090 concerning changes to the Commission’s name:

19.148.090 In Lieu Payment for Artwork is Discouraged.

In some instances the placement of artwork on a particular property may not be feasible. The developer or property owner may apply to the Fine Arts and Culture Commission for an in lieu payment alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged. In such cases, an in lieu payment of 1.25% of the construction valuation may be made to the City, 625
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pursuant to the approval authority provisions of Cupertino Municipal Code Section

19.12.030.
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1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CUPERTINO MUNICIPAL CODE CHAPTER 2.80 AND SECTIONS

19.102.040, 19.148.030, 19.148.050, 19.148.060, AND 19.148.090 TO ADOPT A NAME

CHANGE FOR THE FINE ARTS COMMISSION TO THE ARTS AND CULTURE

COMMISSION
The City Council of the City of Cupertino finds that:

2. WHEREAS, at the January 24 Fine Arts Commission meeting, the Commission reviewed Art Commission names in 13 Santa Clara County cities and proposed two options for the name change.

3. WHEREAS, a Fine Arts Commission Name Change Survey was available for public input from April 18 to May 13.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, 627
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SECTION 3: California Environmental Quality Act.

The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
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INTRODUCED at a regular meeting of the Cupertino City Council on June 21, 2022 and ENACTED at a regular meeting of the Cupertino City Council on July 19, 2022 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Attachment A – Page 1
Attachment A – Amending Cupertino Municipal Code chapter 2.80 and sections

1. Chapter 2.80 of the Cupertino Municipal Code is amended to read as follows:

Chapter 2.80: Arts and Culture Commission

2. Amendments to Section 2.80.010 concerning changes to the Commission’s name:

2.80.010 Established.

The Arts and Culture Commission is established. The Arts and Culture Commission shall consist of five members, none of whom shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. At least three members shall be City of Cupertino residents. Members of the Arts and Culture Commission shall be appointed by the City Council. Membership will be drawn to represent the arts, citizens and business community on an approximately equal basis.

3. Amendment to Section 2.80.020 concerning changes to the Commission’s name:

2.80.020 Terms of Office.

A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Arts and Culture Commission shall be for four years and shall end on 630
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January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms, except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years.

B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies.

4. Amendments to Section 2.80.050 concerning changes to the Commission’s name:

2.80.050 Meetings–Quorum.

A. The Arts and Culture Commission shall establish a regular place of meeting and rules of conduct thereof and shall hold at least one regular meeting every other month.

B. A majority of the Arts and Culture Commission shall constitute a quorum for the purpose of transacting the business of the Commission.

5. Amendment to Section 2.80.080 concerning changes to the Commission’s name:

2.80.080 Powers and Functions.

A. The powers and functions of the Arts and Culture Commission shall be to foster, encourage and assist the realization, preservation and advancement of arts and culture for the benefit of the citizens of Cupertino.

B. To fulfill their mission, the Commission may involve itself in the following activities:

1. Act as a catalyst for the promotion of arts and culture activities;

2. Keep current on potential arts and culture activities which would be available to the community;

3. Provide liaison between various arts and culture activities;

4. Provide a means for coordination for arts and culture groups or facilities which may exist within the community;

5. Maintain an inventory of facilities available for related arts and culture activities within the community;

6. Provide screening and/or review for arts and culture activities wishing to obtain city funds or utilize public facilities;

7. Provide information to the community relating to the arts;

8. Foster the development of public art within the community;

9. Be vigilant in exploring and advancing the range of arts and culture activities available to the community;

10. Enhance the interaction between arts and business;

11. Any other activity which may be deemed appropriate and necessary. 631
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6. Amendment to Section 2.80.090 concerning changes to the Commission’s name:

2.80.090 Compensation–Expenses.

Members of the Arts and Culture Commission shall serve without compensation.

Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager.

7. Amendment to Section 19.102.040 concerning changes to the Commission’s name:

19.102.040 Outdoor Lighting Requirements.

A. Submittal Requirements: Projects subject to outdoor lighting regulations must submit the following information:

1. A site plan indicating the location of all outdoor lighting fixtures.

4. The project lighting plan shall indicate how lighting has been coordinated with any associated landscaping plan to prevent site planning conflicts.

5. Any other information the Director may determine is necessary to ensure that the proposed lighting is in compliance with the provisions of this Chapter.

6. Any of the above requirements may be waived by the Director of Community Development when determined to be unnecessary for determining compliance with the provisions of this Chapter.

B. Outdoor Lighting Standards

1. All outdoor lighting shall be fully shielded fixtures, directed downward to meet the particular need and away from adjacent properties and rights-of way to avoid light trespass, except:
a. Low-voltage Landscape Lighting: Low-voltage landscape lighting, such as that used to illuminate fountains, shrubbery, trees, and walkways, do not have to be shielded fixtures and may use uplighting, provided that they use no more than ten (10) watt incandescent bulb or LED equivalent, or a maximum of 150 lumens (whichever is less),and not directed toward the right-of-way.
b. Architectural Features: Uplighting may be used to highlight special architectural features.
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c. Public Art: Alternative lighting standards may be used to illuminate public art or serve as public art subject to the review and approval by the Arts and Culture Commission.
d. Historic Lighting Fixtures: Lighting fixtures that are historic or that exhibit a historical period appearance, as determined by the Director of Community Development, need not be fully shielded.
e. String Lighting: String Lighting may be used in compliance with Section

19.102.040 (B) (12).

3. All light sources shall have a maintained correlated color temperature of 3,000 Kelvin or less.

4. All outdoor lighting shall be fully extinguished or be motion sensor operated by 11:00 p.m. or when people are no longer present in exterior areas, whichever is later, except for:
a. Critical lighting pursuant to section 2(e) above;
b. Any lighting at building entrances, parking areas, walkways, and driveways area required to remain illuminated after 11:00 p.m. by the California Building Code or state law;
c. Lighting of an appropriate intensity, allowed in conjunction with uses that are permitted to operate past 11:00 p.m., with a conditional use permit; and 633
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d. Outdoor solar powered pathway lights that are 25 lumens or less. e. Lighting that illuminates a pedestrian pathway (examples include bollard, inplace step, or building mounted), provided that such lighting is a maximum height of four (4) feet above the pathway, fully shielded, and downward directed.

8. Service Station Canopies: The following standards shall apply to service station canopy lighting, in addition to all other applicable standards:
a. Lighting fixtures in the ceiling of canopies shall be fully recessed in the canopy. b. Light fixtures shall not be mounted on top of the fascia of such canopies. 634
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c. The maximum light intensity under the canopy shall not exceed an average maintained foot-candle (horizontal) of 12.5, when measured at finished grade. d. The fascia of such canopies shall not be illuminated, except for approved signage in compliance with Chapter 19.104.

9. Areas around Automatic Teller Machines shall meet minimum standards required by the State of California Business and Professions Code.

11. Lighting in ML zones shall additionally comply with the standards in Chapter

1. Five (5) percent of the building(s) footprint of a shopping center, and,

2. Fifteen (15) percent for a freestanding commercial building not part of a shopping center.
iii. It is limited to the lighting of the following:
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1. Living landscape features (trees, shrubs, etc.), if used in combination with other highlighting or pedestrian lighting fixtures within the immediate area, and,

2. Designated outside dining or display areas.

C. Prohibited Lighting: The following types of lighting are prohibited:

1. Outdoor lighting that blinks, flashes, or rotates except those that may be permitted pursuant to Chapter 10.26.

2. Outdoor flood lights that project above the horizontal plane.

3. Lighting that unnecessarily illuminates any other lot or substantially interferes with use or enjoyment of that lot.

4. High-intensity discharge lighting for recreation courts on private property.

5. Spotlights.

D. Exemptions: The following types of lighting are exempt from the lighting requirements of the Chapter:

1. Lighting within the public right-of-way and public parks

2. Permitted lighting for signs pursuant to Chapter 19.104 of the Municipal Code

3. Temporary construction or emergency lighting

4. Short-term lighting authorized by a special events permit

5. Holiday seasonal lighting during the period of October 15 through January 15 of each year

8. Amendment to Section 19.148.030 concerning changes to the Commission’s name:

19.148.030 Permitted Artwork.

Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following:

A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials;
B. Painting: all media, including portable and permanently affixed works, such as murals;
C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale;
D. Mosaics;
E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles;
F. Any other form of work of art determined by the Arts and Culture Commission to satisfy the intent of this chapter.
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9. Amendment to Section 19.148.050 concerning changes to the Commission’s name:

19.148.050 Application Procedures for Public Artwork.

A. An application for public artwork shall include all requirements of Chapter 19.12.

C. The Arts and Culture Commission shall review for approval the public art application and artwork. The decision of the Arts and Culture Commission may be appealed in accordance with Sections 1.16.020 and 19.12.030 of the Cupertino Municipal Code, or as amended.

10. Amendment to Section 19.148.060 concerning changes to the Commission’s name:

19.148.060 Design Criteria and Artist Qualifications.

A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria:

A. The artwork is of a nature specified in Section 19.148.030.

B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Arts and Culture Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/or architecture of the buildings.

D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a 637
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visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away.

E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather.

G. Because the artwork will necessarily be highly visible to the public and be associated with City requirements, expressions of obvious bad taste or profanity shall not be approved.

H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided.

11. Amendment to Section 19.148.090 concerning changes to the Commission’s name:

19.148.090 In Lieu Payment for Artwork is Discouraged.

In some instances the placement of artwork on a particular property may not be feasible. The developer or property owner may apply to the Arts and Culture Commission for an in lieu payment alternative on projects that lack an appropriate location for public art, although such alternative is strongly discouraged. In such cases, an in lieu payment of 1.25% of the construction valuation may be made to the City, 638
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pursuant to the approval authority provisions of Cupertino Municipal Code Section

19.12.030.
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CITY OF CUPERTINO
Agenda Item
22-11128 Agenda Date: 7/19/2022
Agenda #: 26.

Subject: Consideration of second reading for Municipal Code amendments to the Cupertino Municipal Code, Title 2 to add Chapter 2.96 and codify the Economic Development Committee

1. Conduct the second reading and enact Ordinance No. 22-2240; “An Ordinance of the City Council of the City of Cupertino Adding Chapter 2.96 of Title 2 (Administration and Personnel) to Codify the Economic Development Committee"

2. Find that the proposed actions are exempt from CEQA
Presenter: Tina Kapoor, Economic Development Manager
CITY OF CUPERTINO Page 1 of 1 Printed on 7/14/2022
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1 ORDINANCE NO. __________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE TITLE 2
CHAPTER 2.96: ECONOMIC DEVELOPMENT COMMITTEE
The City Council of the City of Cupertino finds that:

1. The purpose of this Ordinance is to establish the Economic Development Committee (EDC).

2. The EDC has met informally for well over two decades to discuss items of importance pertinent to local businesses and to provide feedback to staff on business‐related City initiatives or projects. As part of the FY 2021‐2022 City Work Program discussion, the City Council requested that the EDC be codified in the Municipal Code through an ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended to add Chapter 2.96 as set forth in Attachment A.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions. 641
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SECTION 3: California Environmental Quality Act.

This Ordinance is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the amendments to the Municipal Code would have no or only a de minimis effect on the environment. The foregoing determination is made by the City Council in its independent judgment.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

INTRODUCED at a regular meeting of the Cupertino City Council on July 07, 2022, and ENACTED at a regular meeting of the Cupertino City Council on July 19, 2022, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Ordinance No. __________

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SIGNED:
______________________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Christopher D. Jensen, City Attorney
________________________
Date
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Attachment A – Page 1
ATTACHMENT A- Chapter 2.96: Economic Development Committee The sections of the Cupertino Municipal Code set forth below are amended or adopted as follows:

2.96.010 Established–Composition.

A. The Economic Development Committee of the City of Cupertino is established.

The Economic Development Committee (hereinafter referred to in this Chapter as "Committee") shall consist of nine (9) members as follows:

1. City Councilmember

2. City Councilmember

3. Technology Sector Business Representative

4. Retail/Small Business Representative

5. Hospitality/Tourism Sector Representative

6. Education Sector Representative

7. Commercial Real Estate Representative

8. Sustainability Commissioner

9. Technology, Information, and Communications Commissioner B. The Committee shall be comprised of: (1) two Councilmembers; (2) one representative from each of the following industry sectors – Technology, Retail, Hospitality, Education, and Commercial Real Estate; and (3) one member who is currently serving on the Sustainability Commission; and (4) one member who is currently serving on the Technology, Information, and Communications Commissions. At least two industry sector representative Committee Members shall be Cupertino residents.

C. None of the industry sector representative Committee Members shall be officials or employees of the City. No member of the Committee shall cohabit with, as defined by law, nor be related by blood or marriage, to any other member of the Committee, to the City Manager, or to any staff person(s) who may be assigned to assist this Committee.

D. Members of the Committee shall be appointed by the City Council.

2.96.020 Terms of Office.

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Attachment A - Page 2
A. Committee Members serve at the pleasure of the City Council. The term of office for Committee Members shall be staggered with the initial appointment of five members to two-year terms and four members to four-year terms. Following the initial appointment, all members shall be appointed to four-year terms. If a Committee Member is replaced or removed by Council, resigns, or is no longer eligible to serve on the Committee, Council shall appoint a replacement to serve the remaining period of the Committee Member’s term. All terms shall end on January 30 of the year the term is due to expire. No Committee Member shall serve more than two consecutive terms, except that a Committee Member may serve more than two consecutive terms if he or she has been appointed to the Committee to fill an unexpired term of less than two years.

B. The appointment, reappointment, and rules governing industry sector representative Committee Members are governed by the Resolution of the Cupertino City Council which governs advisory bodies.

C. The City Council may in its discretion adopt different policies, procedures, and terms of service for the appointment of City Councilmembers and Commissioners to serve on the Committee.

2.96.030 Members–Vacancy or Removal.

Any Committee Member may be removed by a majority vote of the City Council. If a vacancy occurs, other than by expiration of a term, it shall be filled by the City Council's appointment for the unexpired portion of the term.

2.96.040 Chairperson.

The Committee shall elect its Chairperson and Vice Chairperson from among its Members [and shall appoint a secretary]. Terms of the Chair and Vice Chair shall be for one year.

2.96.050 Meetings–Quorum.

A. The Committee shall hold regular meetings on a quarterly basis on and at the discretion of the Committee shall hold other meetings as may be necessary or expedient.
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Attachment A - Page 3
B. A majority of the Committee shall constitute a quorum for the purpose of transacting the business of the Committee.

C. A special meeting may be called at any time by the chairperson or by a majority of the Committee Members upon notice being given in advance in accordance with the provisions of the Ralph M. Brown Act or successor statute in effect at the time.

2.96.060 Majority Vote Required.

A majority vote of Committee Members present and voting is required to approve a recommendation on any matter that is presented to the Committee that requires a vote.

2.96.070 Records.

The Committee shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council as may be required. These records shall be filed with the City Clerk.

2.96.080 Powers and Functions.

A. The powers and functions of the Committee shall be to serve in an advisory capacity to the City Council and to provide expertise and guidance on policy related to economic development. The Committee shall also actively promote Cupertino as a location of choice for current and prospective businesses.

B. To fulfill their mission, the Committee may involve itself in the following activities:

1. Make recommendations to the City Council on a broad range of strategic matters broadly applicable to the City’s economic development goals;

2. Serve as an ambassador to shed a positive light on the City by sharing economic development resources and information to prospective businesses and stakeholders, thus positioning the City as a location of choice; and

3. Encourage public/private partnerships to further the City’s economic development goals by identifying potential resources.
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Attachment A - Page 4

2.96.090 City Staff Assistance.

The Committee shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Economic Development Manager.

2.96.100 Compensation–Expenses.

Committee Members shall serve without compensation. Committee Members may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager.

2.96.110 Procedural Rules.

The Committee may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the Chairperson of the Committee, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person on request.

2.96.120 Effect.

Nothing in this Chapter shall be construed as restricting or curtailing any powers of the City Council or City officers.
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CITY OF CUPERTINO
Agenda Item
22-11188 Agenda Date: 7/19/2022
Agenda #: 27.

Subject: Hearing to consider approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget modification request

1. Conduct public hearing to consider objections from any property owners listed on the assessment report;

2. Adopt Resolution No. 22-089 approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and

3. Approve Budget Modification 2223-221 increasing appropriation by $1,579 in the City Manager Department’s City Clerk’s Division (100-13-133 480-401) Presenter: Kirsten Squarcia, City Clerk
CITY OF CUPERTINO Page 1 of 1 Printed on 7/14/2022
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1 CITY COUNCIL STAFF REPORT
Meeting: July 19, 2022
Subject
Hearing to consider approval of lien assessment and collection of fees on private parcels resulting from abatement of public nuisance (weeds and/or brush) for the annual Weed and Brush Abatement Programs and accompanying budget modification request Recommended Action

1. Conduct public hearing to consider objections from any property owners listed on the assessment report;

2. Adopt the Draft Resolution approving the lien assessment and collection of fees on private parcels for the annual Weed and Brush Abatement Programs; and

3. Approve Budget Modification 2223-221 increasing appropriation by $1,579 in the City Manager Department’s City Clerk’s Division (100-13-133 480-401) Discussion
The lien assessment and collection process includes both the Weed Abatement Program and the Brush Abatement Program. The primary function of these programs is to work with property owners to ensure that brush, dry weeds and dead vegetation are cleared before the start of the fire season. Only properties that have not met the requirements of the two programs are listed in the assessment report.

Weed Abatement Program
The Weed Abatement Program is conducted in partnership with the Santa Clara County Department of Agriculture. Chapter 9.08 of the Cupertino Municipal Code and requires property owners to remove or destroy hazardous weeds on their property for fire protection. Properties that are not in compliance with the program requirements are required to correct the conditions within a set deadline. If the property owner does not remove the weeds by the deadline then the County is authorized to do so and to recover the cost of abatement from the property owner. If a property listed is abated before the April 30 deadline then the County administrative fee (initial inspection fee) is waived.

Weed Abatement Program Process for Initial Inspection Fees 649
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2 Every property in the Weed Abatement Program receives an initial inspection by the County after April 30 to determine if weeds have been properly abated. The County’s inspection fee for the 2022 season is $91. The City will pay the initial inspection cost if a property passes the initial inspection by the April 30 deadline. In November 2020, The City Council approved a budget appropriation to cover these costs. This year 115 properties were found to be compliant and passed the initial inspection (Attachment C – Passed Inspection Report). The total cost for those properties was $10,465 which exceeds the $8,886 budget appropriation. Therefore, a budget modification increasing appropriation by $1,579 is being requested. Accordingly, the inspection costs will be paid by the City and those properties are not included for consideration at this hearing. This hearing will consider approval of a lien assessment and collection of fees on properties that did not pass the initial inspection and thus incurred costs for the County to abate the nuisance (Attachment D – Failed Inspection Report).

Brush Abatement Program
The Brush Abatement Program is managed by the Santa Clara County Fire Department and is separate from the Weed Abatement Program. Section 16.40.200 of the Cupertino Municipal Code requires property owners in the locally adopted Wildland-Urban Interface Fire Area (WUI) to maintain effective defensible space by removing brush, flammable vegetation and combustible growth as required by the fire code official due to steepness of terrain or other conditions. The County is authorized to remove the brush if the property owner does not do so and to recover the cost of abatement from the property owner. This year there were no parcels from the Brush Abatement Program on the assessment report.

Process for Weed and Brush Abatement Programs Outlined
The process consists of eight steps that begin in November and go through August of each year. At this time the process is at Step No. 8. On July 6, 2022, the County filed with the City the report and assessment list of all costs associated with the abatement of weeds, brush, and/or combustible debris (Attachment B - Assessment Report). The County also filed a report of properties that passed inspection and the costs associated with the initial inspection for payment by the City (Attachment C – Passed Inspection Report); and a report of properties that did not pass inspection and the associated abatement costs (Attachment D). On July 7, 2022, the City Clerk’s Office mailed notification letters to the property owners on the list that did not pass inspection, informing them of the hearing date (Attachment F – City Mailed Hearing Notice).

1. County prepares a report of all properties that have been non-compliant in removing weeds in the last three years and provides that report to the City (Nov)

2. City Council adopts a resolution declaring properties as having potential fire hazards or other potential nuisances from weeds and sets hearing to declare public nuisance and to consider objections for proposed removal (Nov-Dec). 650
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3 3 County sends notice to the property owners on the report notifying them of the hearing date and explaining that they must remove or destroy weeds by the abatement deadline of April 30, 2022 or it will be done for them, with cost of the abatement plus administrative costs assessed to their property (Dec). 4 City sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. If a property is abated before the April 30 deadline then the initial inspection fee will be waived. (Jan).

4. City Council holds the hearing to consider objections by property owners and adopts a resolution declaring weeds a public nuisance and ordering abatement (Jan) (Attachment E - Adopted Resolution Ordering Abatement). 6 County sends a courtesy letter to property owners listed on the report, notifying them again of the abatement deadline, and noting that they will work with the property owner to be sure the weeds are removed (Jan-Feb).

7. City sends a courtesy letter to property owners listed on the report, reminding them of the abatement deadline and that the initial inspection fee will be waived if the property is abated before the deadline (Mar).

8. After April 30, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the property fails the inspection.

The County makes a report of all costs associated with the abatement and provides that report to the City (June-July) (Attachment B – Assessment Report). The County also provides a report of costs associated with the initial inspection fee for compliant properties, for payment by the City (Attachment C – Passed Inspection Report) and a report that includes properties that failed the inspection and associated costs proposed to be assessed (Attachment D – Failed Inspection Report).

9. City notifies the property owners listed on the assessment report, notifying them of the hearing date. (July-Aug) (Attachment F – City Mailed Hearing Notice).

10. City Council holds a hearing, considers any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement (July-Aug). Note project is exempt from CEQA if it falls within the following: Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 651
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4 feet of fuel clearance is required due to extra hazardous fire conditions. (14 CCR 15304.)
Fiscal Impact
Any fees waived by the Council will be billed to the City by the County to cover their cost of servicing the property. The initial inspections costs amount for compliant properties is $10,465. These costs are funded by the General Fund.

Sustainability Impact
There is no sustainability impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

A - Draft Resolution
B - Assessment Report
C – Passed Inspection Report
D – Failed Inspection Report
E - Adopted Resolution Ordering Abatement
F – City Mailed Hearing Notice
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RESOLUTION NO. 22‐

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

PROVIDING FOR LIEN ASSESSMENTS AND COLLECTION RESULTING

FROM THE ABATEMENT OF PUBLIC NUISANCES AND POTENTIAL FIRE

HAZARDS (WEEDS AND/OR BRUSH ON PRIVATE PARCELS)
WHEREAS, after due notice a hearing was held at a regular meeting of the City Council on January 18, 2022, at which time the City declared the growth of weeds and/or brush upon certain properties as described in City of Cupertino Resolution No. 22‐017 to be a public nuisance; and
WHEREAS, from evidence presented, both oral and written, the City Council acquired jurisdiction over and abated said nuisances; and WHEREAS, affected property owners were advised that a hearing would be heldat the City Council meeting of July 19, 2022 providing for lien assessments and collection resulting from the abatement of public nuisances (weeds and/or brush on private parcels); and
WHEREAS, said hearing was held by the City Council at the time and place fixedfor the receiving and considering of such report and proposed assessment.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby confirm that the costs of abating said nuisances shall be as set forth on Exhibit A attached hereto and made a part hereof and said costs shall constitute a lien on the affected property.

BE IT FURTHER RESOLVED that the County Agricultural Commissioner shall cause the amount of the assessments to be entered on the County Assessment Roll opposite the description of the particular property, which assessment so entered on the County rolls shall be collected together with all other taxes thereon upon the property at the same time and in the same manner, as general City taxes are collected and shall be subject to the same penalties and interest, and the procedures and sale in the case of delinquency as provided for City taxes.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of July, 2022, by the following vote:
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Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
___________________ ________
Darcy Paul, Mayor
City of Cupertino
_________________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
_________________________
Date
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Exhibit A
1 10101 Wolfe 316-20-120 Vallco Property Owner Llc Et Al 2600 El Camino Real Ste 410 PALO ALTO 94306-1719 $91.00 133012 10175 Mc Laren 316-21-049 Chao Liang Fang 10175 Mc Laren Pl CUPERTINO 95014-2335 $91.00 130033 19641 Drake 316-32-028 Edberg Jeremy And Young Kathy 19641 Drake Dr CUPERTINO 95014-2433 $91.00 130034 19661 Drake 316-32-030 Renteria Michael J And Michelle L Et 19661 Drake Dr CUPERTINO 95014-2433 $91.00 130035 22482 Salem 326-15-099 Arbagey Wayne P And Jeannethe 680 Linden Ave LOS ALTOS 94022-1627 $91.00 130096 10047 Crescent 326-16-027 Grand Success Llc 4045 Moreland Wy SAN JOSE 95130 $91.00 130097 10036 Crescent 326-17-065 Hengye Llc 10559 Felton Way CUPERTINO 95014-4305 $91.00 130098 10395 Stelling 326-28-094 Chen Zhifeng Trustee & Et Al 10395 N Stelling Rd CUPERTINO 95014-1613 $91.00 130039 20860 Garden Gate 326-30-034 Elliott Julie Trustee 204 Eagle Ln BRENTWOOD 94513 $596.00 1300310 20985 Garden Gate 326-30-087 Wu Richard W Et Al 12181 Country Squire Ln SARATOGA 95070-3467 $91.00 13003 11 10467 Glencoe 326-30-106 Damask Robert T Po Box 2421 CUPERTINO 95015 $1,920.70 13003 12 20710 Garden Gate 326-33-015 Lo Angeline Wah-yin And Henry Po Box 2935 CUPERTINO 95015-2935 $91.00 1300313 10692 Pebble 326-43-042 Chen Shuo-hao And Liou Su-ling 10692 Pebble Pl CUPERTINO 95014-1333 $91.00 1300314 10712 Pebble 326-43-044 Winget Charles M And Katherine B 10712 Pebble Pl CUPERTINO 95014-1333 $91.00 13003 15 NULL Stevens Creek 342-13-012 Deane And Deane Inc 4040 Moorpark Unit #116 SAN JOSE 95117-1851 $596.00 13026 16 22645 San Juan 342-17-067 Mullen Eva Jo Trustee Po Box 835 CUPERTINO 95015-0835 $91.00 1301017 22755 San Juan 342-17-068 Madhany Al-husein N And Sebastian 22755 San Juan Rd CUPERTINO 95014 $91.00 1301018 10690 Cordova 342-17-083 Wong Keith Tai 10690 Cordova Rd CUPERTINO 95014-3912 $91.00 1301019 22577 San Juan 342-17-084 Dhuey Michael J 22577 San Juan Rd CUPERTINO 95014-3932 $91.00 13010 Report Date: 7/12/2022 (List Sorted by APN) Page 1
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Exhibit A
20 10611 Santa Lucia 342-17-095 Hunts Susan E Et Al 10611 Santa Lucia Rd CUPERTINO 95014-3937 $91.00 1301021 22661 San Juan 342-17-110 Turner Paul J Trustee & Et Al 10550 Mira Vista Rd CUPERTINO 95014 $91.00 13010 22 NULL El Cerrito 342-21-004 Item Werner And Gloria E Trustee 22670 San Juan Rd CUPERTINO 95014-3933 $91.00 13010 23 22765 San Juan 342-22-031 Nehawandian Nasim 22765 San Juan Rd CUPERTINO 95014-3934 $91.00 1301024 10625 Cordova 342-22-103 Breinberg Steven A And Danna S 10625 Cordova Rd CUPERTINO 95014-3911 $91.00 13010 25 NULL Null 342-45-001 Chamberlain Jack T Trustee 655 Skyway Unit 230 SAN CARLOS 94070 $596.00 13026 26 23026 Voss 342-50-016 Tsai Vicky Tsay-hsai Trustee & Et Al Po Box 977 CUPERTINO 95015-0977 $91.00 13026 27 NULL Stevens Canyon 351-10-043 Parkside Trail Llc P.o Box 320667 LOS GATOS 95032 $91.00 13044 28 22483 Riverside 356-03-041 Chang Yu-ming And Lee Chih-wei 1140 Canyon Green Dr SAN RAMON 94582-4617 $91.00 1301029 22222 Mc Clellan 356-05-003 Aikins Sonya E Trustee 45 Koch Rd Ste A CORTE MADERA 94925 $91.00 1301030 21885 Hyannisport 356-13-050 Yu Xiaoming And Cheng Yanming 21885 Hyannisport Dr CUPERTINO 95014-4015 $91.00 1301631 21906 Hyannisport 356-14-057 Xu Hao And Wang Xue 21906 Hyannisport Dr CUPERTINO 95014-4016 $91.00 1301632 21662 Columbus 356-18-049 Chang Eric And Cecilia Kan 21662 Columbus Ave CUPERTINO 95014-4711 $91.00 1301633 11235 Bubb 356-21-054 Karp Stephanie J 11235 Bubb Rd CUPERTINO 95014-4940 $91.00 1301634 21576 La Playa 356-23-015 Saha Angshuman And Madhumita Po Box 2918 CUPERTINO 95015-2918 $91.00 1301635 21987 Lindy 356-25-031 Kang Ping Qi And Liang Yu Juan 2408 Clement St SAN FRANCISCO 94121 $91.00 13016 36 NULL Null 356-25-033 Kang Pingqi Et Al 2793 Randers Ct PALO ALTO 94303 $91.00 13016 37 22041 Lindy 356-27-012 Markarand R. Gokhale And Swati M. 2204 Lindy Ln Cupertino 95014 $91.00 1303738 11450 Canyon View 356-27-023 Chang Chiao-fu And Sue-fay 11450 Canyon View Cir CUPERTINO 95014 $91.00 13037 Report Date: 7/12/2022 (List Sorted by APN) Page 2
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Exhibit A
39 22032 Lindy 356-27-025 De Kalpajit And Majumder Parama 22032 Lindy Ln CUPERTINO 95014-4811 $596.00 1303740 22310 Palm 357-04-023 Van Blommestein Robert And 1144 Brace Ave SAN JOSE 95125-3200 $91.00 1300941 840 Rose Blossom 359-04-019 Lian Hao And Wang Jing 840 Rose Blossom Dr CUPERTINO 95014-4214 $91.00 1300242 10040 Bianchi 359-07-021 Young Peyruu And Hu Leon 790 Pilgrim Loop FREMONT 94539 $91.00 1300343 20592 Mc Clellan 359-18-010 Chang Lance C And Melody F 20592 Mc Clellan Rd CUPERTINO 95014-2955 $962.10 1300244 20616 Mc Clellan 359-18-048 Hardeman Melody F Et Al 20616 Mcclellan Rd CUPERTINO 95014-2955 $91.00 13002 45 NULL Bubb 362-01-025 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $91.00 1300246 NULL Cranberry 362-02-048 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $2,921.00 1300247 NULL Cranberry 362-04-058 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $2,886.00 1300248 NULL Null 362-09-026 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $5,304.20 1300249 NULL Null 362-16-037 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $2,963.00 1300050 NULL Null 362-19-033 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $5,357.00 13070 51 1103 Stelling 362-22-006 Kabra Govind And Zawar Roshni 1103 S Stelling Rd CUPERTINO 95014-5020 $91.00 1307052 1161 Stelling 362-22-018 Lepage-woodie Casey Rene 1504 Guizot St SAN DIEGO 92107 $91.00 1307053 7585 Rainbow 362-24-003 Wang Tao And Li Wei 7585 Rainbow Dr CUPERTINO 95014-5235 $91.00 1300254 20666 Cleo 362-31-001 Xu Bin Et Al 20666 Cleo Ave CUPERTINO 95014-5033 $91.00 1300255 20652 Cleo 362-31-002 Burrow Bradley J And Juanita S 20652 Cleo Ave CUPERTINO 95014-5033 $91.00 13002 56 NULL Null 362-31-030 Almasi Azita Trustee & Et Al 965 Laurel Glen Dr PALO ALTO 94304-1323 $596.00 13002 57 11841 Upland 366-03-062 Vempaty Nageshwara R And Hyma T 13304 Glen Brae Dr SARATOGA 95070-4431 $91.00 13016 Report Date: 7/12/2022 (List Sorted by APN) Page 3
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Exhibit A
58 NULL Stelling 366-09-028 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $641.00 1300259 NULL Stauffer 366-09-053 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $3,563.60 13000 60 7690 Peach Blossom 366-11-114 Doll Cynthia A Trustee 4801 Cameron Rd ELK 95432 $91.00 1300261 21608 Rainbow 366-38-031 Lau Phyllis Ann Choy Trustee P O Box 2726 CUPERTINO 95015 $91.00 1301662 22033 Regnart 366-46-005 Bigler Robert A And Punita P Trustee 11230 Bubb Rd CUPERTINO 95014-4979 $91.00 1302163 22045 Regnart 366-46-006 Bigler Robert A And Punita P Trustee 11230 Bubb Rd CUPERTINO 95014-4979 $91.00 13021 64 NULL Null 366-46-007 Bigler Robert A And Punita P Trustee 11230 Bubb Rd CUPERTINO 95014-4979 $91.00 13021 65 10295 Vicksburg 369-07-015 Xu Guangjun And Yang Qi 10295 Vicksburg Dr CUPERTINO 95014-3358 $91.00 1300366 10301 Vicksburg 369-07-016 Muntz Daniel A And Kuno Harumi A 10301 Vicksburg Dr CUPERTINO 95014-3358 $91.00 1300367 10140 Richwood 369-08-033 Ortiz Alfredo Trustee Po Box 40 CUPERTINO 95015 $91.00 1300368 10300 Vicksburg 369-14-008 Tanabe Thomas M Trustee & Et Al 10300 Vicksburg Dr CUPERTINO 95014-3320 $91.00 1300369 879 Bette 369-27-050 Chang Jui Po 1198 Eagle Ridge Way MILPITAS 95035 $91.00 1300370 20011 Pacifica 369-28-042 Swaminathan Ram And Rajasree 20011 Pacifica Dr CUPERTINO 95014-3110 $91.00 1300371 19397 Phil 375-05-032 Pongurlekar Jitendra And Rupali 19397 Phil Ln CUPERTINO 95014-3429 $91.00 1313472 10039 Tantau 375-07-005 Meier-lim Frances W And Robert Et 1710 Holt Ave LOS ALTOS 94024-6924 $91.00 1313473 10067 Tantau 375-07-007 Wu Hungjen Henry 10067 S Tantau Ave CUPERTINO 95014-3541 $91.00 1313474 19160 Cozette 375-07-022 Hsu, Tracy 22330 Santa Paula Ave CUPERTINO 95014 $91.00 1313475 19131 Loree 375-07-029 Kong Fan Peng And Chen Ming Jian 19131 Loree Ave CUPERTINO 95014-3539 $91.00 1313476 10251 Tantau 375-08-004 Tao Bang Nhon And Wen Wanling 10251 S Tantau Ave CUPERTINO 95014 $91.00 13134 Report Date: 7/12/2022 (List Sorted by APN) Page 4
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Exhibit A
77 10349 Bret 375-10-022 Huang Szu-tao And Lee Emma 1818 W Lagoon Rd PLEASANTON 94566 $91.00 1313478 10135 Bret 375-11-026 Li Hesheng And Xu Yuan 10135 Bret Ave CUPERTINO 95014-3557 $91.00 1313479 10080 Bret 375-11-043 Li Yiming Trustee & Et Al 20790 Garden Gate Dr CUPERTINO 95014 $91.00 13134 80 10200 Stern 375-12-002 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $1,691.40 13266 81 10104 Stern 375-12-011 Sung Roberto 10683 N Stelling Rd CUPERTINO 95014-1647 $91.00 1326682 18921 Arata 375-12-041 Chen Bilong And Wang Rujue 18921 Arata Way CUPERTINO 95014-3670 $91.00 1326683 18921 Loree 375-13-001 Gao Shaofen 18921 Loree Ave CUPERTINO 95014-3672 $91.00 1326684 18916 Arata 375-13-002 Jinshan Properties Llc Po Box 398 MOUNTAIN VIEW 94042 $91.00 1326685 10295 Moretti 375-14-004 Gao Jie Jenie Trustee 2 Abbey St SAN FRANCISCO 94114-1715 $91.00 1326686 10271 Menhart 375-15-028 Yamamoto Kei And Kang Kelly Y 10271 Menhart Ln CUPERTINO 95014-3629 $91.00 1326687 18871 Barnhart 375-16-057 Chen Yu David And Chiu Iwen 18871 Barnhart Ave CUPERTINO 95014-3601 $91.00 1326688 10335 Calvert 375-17-022 Srinivasan Maheshwaran And 10335 Calvert Dr CUPERTINO 95014-3807 $91.00 1326689 10405 Calvert 375-17-029 Luo Vinson Et Al 45536 Cherokee Ln FREMONT 94539 $91.00 1326690 10425 Calvert 375-17-031 Guardino Wei 10425 Calvert Dr CUPERTINO 95014-3807 $91.00 1326691 10435 Calvert 375-17-032 Mckee Ellen D Trustee 10435 Calvert Dr CUPERTINO 95014-3835 $91.00 1326692 18755 Barnhart 375-17-051 Johnson Allen R 1220 Tasman Dr Spc 513 SUNNYVALE 94089 $91.00 1326693 10490 Wunderlich 375-17-055 Lu Anne 10490 Wunderlich Dr CUPERTINO 95014-3648 $91.00 1326694 10240 Calvert 375-18-022 Xing Pei And Wang Nadia J 10240 Calvert Dr CUPERTINO 95014-3808 $596.00 13266 95 10361 Johnson 375-18-039 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $1,664.20 13266 Report Date: 7/12/2022 (List Sorted by APN) Page 5
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Exhibit A
96 10409 Johnson 375-18-044 Chaudhary, Vaibhav And Meenakshi 10409 Johnson Ave CUPERTINO 95014 $91.00 1326697 10356 Sterling 375-24-011 Tekawade Rahul P And More 10356 Sterling Blvd CUPERTINO 95014-3867 $91.00 1326698 10308 Sterling 375-24-017 Hao Steve Min And Sun Qing Ping 6962 Bollinger Rd SAN JOSE 95129-2847 $91.00 1326699 18671 Pring 375-25-039 Huang Chang-kai And Tseng Shang- 18671 Pring Ct CUPERTINO 95014-3822 $91.00 13266100 18661 Crabtree 375-25-047 Subainati Mohamad K And Julie 18661 Crabtree Ave CUPERTINO 95014-3864 $91.00 13266101 18621 Barnhart 375-26-035 Koo Sandra S Et Al 18621 Barnhart Ave CUPERTINO 95014-3801 $91.00 13266102 18730 Barnhart 375-27-001 Vasiliev Olga 18730 Barnhart Ave CUPERTINO 95014-3804 $91.00 13266103 10610 Wunderlich 375-27-019 Nie Xiaoqiong 10610 Wunderlich Dr CUPERTINO 95014-3652 $91.00 13266104 18781 Tuggle 375-27-025 Campbell Michael D P O Box 5345 SAN JOSE 95150-5345 $91.00 13266105 10540 Wunderlich 375-27-037 Oh Seungseok And Ryu Suna 10540 Wunderlich Dr CUPERTINO 95014-3650 $91.00 13266106 10519 Gascoigne 375-28-002 Li Xin And Yu Lishan 10519 Gascoigne Dr CUPERTINO 95014-3841 $91.00 13266107 10549 Gascoigne 375-28-006 Lam Marcos C 10549 Gascoigne Dr CUPERTINO 95014-3841 $91.00 13266108 10520 Johnson 375-28-039 Dong Lijie And Huang Cailin 13428 Christie Dr SARATOGA 95070-5103 $91.00 13266109 18690 Barnhart 375-28-041 Warren Thomas C And Dorothy C P O Box 2639 SARATOGA 95070 $91.00 13266 110 10840 Johnson 375-30-024 Benkenan Suzan Fishel Trustee 18891 Newsom Ave CUPERTINO 95014-3818 $1,062.00 13266 111 10784 Johnson 375-31-003 Wang Yinan Po Box 946 CUPERTINO 95014 $91.00 13266112 10740 Johnson 375-31-007 Cha Cathy Y Trustee 10740 Johnson Ave CUPERTINO 95014-3818 $91.00 13266113 10711 Gascoigne 375-31-018 Tsai Chih Jung And Lai Hui Wen 10711 Gascoigne Dr CUPERTINO 95014-3845 $91.00 13266114 10731 Gascoigne 375-31-020 Nejat Frank F Po Box 700702 SAN JOSE 95170 $91.00 13266 Report Date: 7/12/2022 (List Sorted by APN) Page 6
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Exhibit A
115 10831 Johnson 375-31-065 Huo Xiping And Song Yuanyuan 5023 Capistrano Ave SAN JOSE 95129-1025 $91.00 13266116 10841 Johnson 375-31-066 Li Yongna And Song Ning 10841 Johnson Ave CUPERTINO 95014-3819 $91.00 13266 117 10630 Carver 375-32-020 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $1,691.20 13266 118 18870 Tuggle 375-32-024 Dela Cruz Sherwin Peter L 18870 Tuggle Ave CUPERTINO 95014-3626 $596.00 13266119 18850 Tuggle 375-32-026 Zhu Xinglei And Yin Wenyuan 18850 Tuggle Ave CUPERTINO 95014-3626 $91.00 13266120 10827 Minette 375-32-057 Wu, Jianping 988 Leith Ave SANTA CLARA 95054 $596.00 13266121 18970 Barnhart 375-33-003 Darby Michael And Lee Sandra 18970 Barnhart Ave CUPERTINO 95014-3669 $91.00 13266122 18871 Pendergast 375-33-027 Lui David K 18871 Pendergast Ave CUPERTINO 95014-3620 $91.00 13266123 18881 Pendergast 375-33-028 Cheng Xinwu And Shi Wen 18881 Pendergast Ave CUPERTINO 95014-3620 $91.00 13266124 18931 Pendergast 375-33-033 Kawasaki Elaine T Trustee 18931 Pendergast Ave CUPERTINO 95014-3622 $91.00 13266125 18911 Tuggle 375-33-064 Flaugher Lou Ann 18911 Tuggle Ave CUPERTINO 95014-3625 $91.00 13266126 10657 Morengo 375-34-013 Ortiz Rosa F Et Al 10657 Morengo Dr CUPERTINO 95014-3513 $91.00 13266127 10673 Morengo 375-34-015 Sharma Subhash C And Mamta 10673 Morengo Dr CUPERTINO 95014-3513 $91.00 13266128 18930 Tuggle 375-34-045 Shen & Tian Llc 16345 Los Gatos Blvd Unit 38 LOS GATOS 95032-4544 $91.00 13266 129 18940 Newsom 375-35-011 Nguyen Chinh Manh And Pham Thuy 18940 Newsom Ave CUPERTINO 95014-3618 $91.00 13266 130 10627 Culbertson 375-36-027 Mc Grath Patrick W 1184 Valelake Ct SUNNYVALE 94089-2032 $1,709.20 13266 131 10524 Tantau 375-37-020 Liu Xiong 10524 S Tantau Ave CUPERTINO 95014 $91.00 13266132 10623 Johansen 375-37-058 Wang Lieh C And Virginia S Trustee 6808 Leyland Park Dr SAN JOSE 95120-5616 $91.00 13266133 899 Tantau 375-38-045 Zweig Jonathan M And Grace Yuan 899 S Tantau Ave CUPERTINO 95014-4648 $91.00 13003 Report Date: 7/12/2022 (List Sorted by APN) Page 7
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Exhibit A
134 928 Hyde 375-39-004 Saikumar Guruprasad And Dhanapal 928 Hyde Ave CUPERTINO 95014-4663 $91.00 13003135 19210 Tilson 375-40-060 Singh Tajinder And Sandhu Ramneet 19210 Tilson Ave CUPERTINO 95014-3529 $91.00 13134136 10455 Tantau 375-40-066 Jones Jamie Lynne Ratliff Trustee Po Box 698 CUPERTINO 95015-0698 $91.00 13134137 698 Miller 375-42-011 Lin John Yaw Hwa And Michelle 698 Miller Ave CUPERTINO 95014-4640 $91.00 13003138 678 Miller 375-42-012 Jen Ko-ta And Christina N Trustee 678 Miller Ave CUPERTINO 95014-4640 $91.00 13003 TOTAL $49,660.60
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TAXROLLAMT
10101 WOLFE 316‐20‐120 VALLCO PROPERTY OWNER LLC ET AL 2600 EL CAMINO REAL STE 410 PALO ALTO CA 94306‐1719 $91.00 10175 MC LAREN 316‐21‐049 CHAO LIANG FANG 10175 MC LAREN PL CUPERTINO CA 95014‐2335 $91.00 19641 DRAKE 316‐32‐028 EDBERG JEREMY AND YOUNG KATHY 19641 DRAKE DR CUPERTINO CA 95014‐2433 $91.00 19661 DRAKE 316‐32‐030 RENTERIA MICHAEL J AND MICHELLE L ET AL 19661 DRAKE DR CUPERTINO CA 95014‐2433 $91.00 22482 SALEM 326‐15‐099 ARBAGEY WAYNE P AND JEANNETHE TRUSTEE 680 LINDEN AVE LOS ALTOS CA 94022‐1627 $91.00 10047 CRESCENT 326‐16‐027 GRAND SUCCESS LLC 4045 MORELAND WY SAN JOSE CA 95130 $91.0010036 CRESCENT 326‐17‐065 HENGYE LLC 10559 FELTON WAY CUPERTINO CA 95014‐4305 $91.00 10395 STELLING 326‐28‐094 CHEN ZHIFENG TRUSTEE & ET AL 10395 N STELLING RD CUPERTINO CA 95014‐1613 $91.00 20985 GARDEN GATE 326‐30‐087 WU RICHARD W ET AL 12181 COUNTRY SQUIRE LN SARATOGA CA 95070‐3467 $91.00 20710 GARDEN GATE 326‐33‐015 LO ANGELINE WAH‐YIN AND HENRY CHAN TRUSTEE PO BOX 2935 CUPERTINO CA 95015‐2935 $91.0010692 PEBBLE 326‐43‐042 CHEN SHUO‐HAO AND LIOU SU‐LING 10692 PEBBLE PL CUPERTINO CA 95014‐1333 $91.0010712 PEBBLE 326‐43‐044 WINGET CHARLES M AND KATHERINE B 10712 PEBBLE PL CUPERTINO CA 95014‐1333 $91.00 22645 SAN JUAN 342‐17‐067 MULLEN EVA JO TRUSTEE PO BOX 835 CUPERTINO CA 95015‐0835 $91.00 22755 SAN JUAN 342‐17‐068 MADHANY AL‐HUSEIN N AND SEBASTIAN LIANA Y 22755 SAN JUAN RD CUPERTINO CA 95014 $91.00 10690 CORDOVA 342‐17‐083 WONG KEITH TAI 10690 CORDOVA RD CUPERTINO CA 95014‐3912 $91.00 22577 SAN JUAN 342‐17‐084 DHUEY MICHAEL J 22577 SAN JUAN RD CUPERTINO CA 95014‐3932 $91.00 10611 SANTA LUCIA 342‐17‐095 HUNTS SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014‐3937 $91.00 22661 SAN JUAN 342‐17‐110 TURNER PAUL J TRUSTEE & ET AL 10550 MIRA VISTA RD CUPERTINO CA 95014 $91.00 EL CERRITO 342‐21‐004 ITEM WERNER AND GLORIA E TRUSTEE 22670 SAN JUAN RD CUPERTINO CA 95014‐3933 $91.00 22765 SAN JUAN 342‐22‐031 NEHAWANDIAN NASIM 22765 SAN JUAN RD CUPERTINO CA 95014‐3934 $91.00 10625 CORDOVA 342‐22‐103 BREINBERG STEVEN A AND DANNA S 10625 CORDOVA RD CUPERTINO CA 95014‐3911 $91.00 23026 VOSS 342‐50‐016 TSAI VICKY TSAY‐HSAI TRUSTEE & ET AL PO BOX 977 CUPERTINO CA 95015‐0977 $91.00 STEVENS CANYON 351‐10‐043 PARKSIDE TRAIL LLC P.O BOX 320667 LOS GATOS CA 95032 $91.00 22483 RIVERSIDE 356‐03‐041 CHANG YU‐MING AND LEE CHIH‐WEI 1140 CANYON GREEN DR SAN RAMON CA 94582‐4617 $91.00 22222 MC CLELLAN 356‐05‐003 AIKINS SONYA E TRUSTEE 45 KOCH RD STE A CORTE MADERA CA 94925 $91.00 21885 HYANNISPORT 356‐13‐050 YU XIAOMING AND CHENG YANMING 21885 HYANNISPORT DR CUPERTINO CA 95014‐4015 $91.00 21906 HYANNISPORT 356‐14‐057 XU HAO AND WANG XUE 21906 HYANNISPORT DR CUPERTINO CA 95014‐4016 $91.00 21662 COLUMBUS 356‐18‐049 CHANG ERIC AND CECILIA KAN 21662 COLUMBUS AVE CUPERTINO CA 95014‐4711 $91.0011235 BUBB 356‐21‐054 KARP STEPHANIE J 11235 BUBB RD CUPERTINO CA 95014‐4940 $91.0021576 LA PLAYA 356‐23‐015 SAHA ANGSHUMAN AND MADHUMITA TRUSTEE PO BOX 2918 CUPERTINO CA 95015‐2918 $91.0021987 LINDY 356‐25‐031 KANG PING QI AND LIANG YU JUAN 2408 CLEMENT ST SAN FRANCISCO CA 94121 $91.00 356‐25‐033 KANG PINGQI ET AL 2793 RANDERS CT PALO ALTO CA 94303 $91.00 22041 LINDY 356‐27‐012 Markarand R. Gokhale and Swati M. Gokhale 2204 Lindy Ln Cupertino CA 95014 $91.00 11450 CANYON VIEW 356‐27‐023 CHANG CHIAO‐FU AND SUE‐FAY 11450 CANYON VIEW CIR CUPERTINO CA 95014 $91.00 840 ROSE BLOSSOM 359‐04‐019 LIAN HAO AND WANG JING 840 ROSE BLOSSOM DR CUPERTINO CA 95014‐4214 $91.00 10040 BIANCHI 359‐07‐021 YOUNG PEYRUU AND HU LEON 790 PILGRIM LOOP FREMONT CA 94539 $91.00 2022 WEED ABATEMENT PROGRAM

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SITUS Passed inspection
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20616 MC CLELLAN 359‐18‐048 HARDEMAN MELODY F ET AL 20616 MCCLELLAN RD CUPERTINO CA 95014‐2955 $91.00 BUBB 362‐01‐025 UNION PACIFIC RAILROAD 10031 FOOTHILLS BLVD ROSEVILLE CA 95030‐0000 $91.00 1103 STELLING 362‐22‐006 KABRA GOVIND AND ZAWAR ROSHNI TRUSTEE 1103 S STELLING RD CUPERTINO CA 95014‐5020 $91.001161 STELLING 362‐22‐018 LEPAGE‐WOODIE CASEY RENE 1504 GUIZOT ST SAN DIEGO CA 92107 $91.007585 RAINBOW 362‐24‐003 WANG TAO AND LI WEI 7585 RAINBOW DR CUPERTINO CA 95014‐5235 $91.00 20666 CLEO 362‐31‐001 XU BIN ET AL 20666 CLEO AVE CUPERTINO CA 95014‐5033 $91.00 20652 CLEO 362‐31‐002 BURROW BRADLEY J AND JUANITA S 20652 CLEO AVE CUPERTINO CA 95014‐5033 $91.00 11841 UPLAND 366‐03‐062 VEMPATY NAGESHWARA R AND HYMA T 13304 GLEN BRAE DR SARATOGA CA 95070‐4431 $91.00 7690 PEACH BLOSSOM 366‐11‐114 DOLL CYNTHIA A TRUSTEE 4801 CAMERON RD ELK CA 95432 $91.00 21608 RAINBOW 366‐38‐031 LAU PHYLLIS ANN CHOY TRUSTEE P O BOX 2726 CUPERTINO CA 95015 $91.00 22033 REGNART 366‐46‐005 BIGLER ROBERT A AND PUNITA P TRUSTEE 11230 BUBB RD CUPERTINO CA 95014‐4979 $91.00 22045 REGNART 366‐46‐006 BIGLER ROBERT A AND PUNITA P TRUSTEE 11230 BUBB RD CUPERTINO CA 95014‐4979 $91.00 366‐46‐007 BIGLER ROBERT A AND PUNITA P TRUSTEE 11230 BUBB RD CUPERTINO CA 95014‐4979 $91.00 10295 VICKSBURG 369‐07‐015 XU GUANGJUN AND YANG QI 10295 VICKSBURG DR CUPERTINO CA 95014‐3358 $91.00 10301 VICKSBURG 369‐07‐016 MUNTZ DANIEL A AND KUNO HARUMI A 10301 VICKSBURG DR CUPERTINO CA 95014‐3358 $91.00 10140 RICHWOOD 369‐08‐033 ORTIZ ALFREDO TRUSTEE PO BOX 40 CUPERTINO CA 95015 $91.0010300 VICKSBURG 369‐14‐008 TANABE THOMAS M TRUSTEE & ET AL 10300 VICKSBURG DR CUPERTINO CA 95014‐3320 $91.00 879 BETTE 369‐27‐050 CHANG JUI PO 1198 EAGLE RIDGE WAY MILPITAS CA 95035 $91.00 20011 PACIFICA 369‐28‐042 SWAMINATHAN RAM AND RAJASREE 20011 PACIFICA DR CUPERTINO CA 95014‐3110 $91.00 19397 PHIL 375‐05‐032 PONGURLEKAR JITENDRA AND RUPALI 19397 PHIL LN CUPERTINO CA 95014‐3429 $91.00 10039 TANTAU 375‐07‐005 MEIER‐LIM FRANCES W AND ROBERT ET AL 1710 HOLT AVE LOS ALTOS CA 94024‐6924 $91.0010067 TANTAU 375‐07‐007 WU HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014‐3541 $91.00 19160 COZETTE 375‐07‐022 HSU, TRACY 22330 SANTA PAULA AVE CUPERTINO CA 95014 $91.00 19131 LOREE 375‐07‐029 KONG FAN PENG AND CHEN MING JIAN 19131 LOREE AVE CUPERTINO CA 95014‐3539 $91.00 10251 TANTAU 375‐08‐004 TAO BANG NHON AND WEN WANLING 10251 S TANTAU AVE CUPERTINO CA 95014 $91.00 10349 BRET 375‐10‐022 HUANG SZU‐TAO AND LEE EMMA TRUSTEE & ET AL 1818 W LAGOON RD PLEASANTON CA 94566 $91.00 10135 BRET 375‐11‐026 LI HESHENG AND XU YUAN 10135 BRET AVE CUPERTINO CA 95014‐3557 $91.00 10080 BRET 375‐11‐043 LI YIMING TRUSTEE & ET AL 20790 GARDEN GATE DR CUPERTINO CA 95014 $91.00 10104 STERN 375‐12‐011 SUNG ROBERTO 10683 N STELLING RD CUPERTINO CA 95014‐1647 $91.00 18921 ARATA 375‐12‐041 CHEN BILONG AND WANG RUJUE 18921 ARATA WAY CUPERTINO CA 95014‐3670 $91.0018921 LOREE 375‐13‐001 GAO SHAOFEN 18921 LOREE AVE CUPERTINO CA 95014‐3672 $91.00 18916 ARATA 375‐13‐002 JINSHAN PROPERTIES LLC PO BOX 398 MOUNTAIN VIEW CA 94042 $91.00 10295 MORETTI 375‐14‐004 GAO JIE JENIE TRUSTEE 2 ABBEY ST SAN FRANCISCO CA 94114‐1715 $91.00 10271 MENHART 375‐15‐028 YAMAMOTO KEI AND KANG KELLY Y 10271 MENHART LN CUPERTINO CA 95014‐3629 $91.00 18871 BARNHART 375‐16‐057 CHEN YU DAVID AND CHIU IWEN 18871 BARNHART AVE CUPERTINO CA 95014‐3601 $91.00 10335 CALVERT 375‐17‐022 SRINIVASAN MAHESHWARAN AND SUNDARESAKUMAR P 10335 CALVERT DR CUPERTINO CA 95014‐3807 $91.00 10405 CALVERT 375‐17‐029 LUO VINSON ET AL 45536 CHEROKEE LN FREMONT CA 94539 $91.00 10425 CALVERT 375‐17‐031 GUARDINO WEI 10425 CALVERT DR CUPERTINO CA 95014‐3807 $91.0010435 CALVERT 375‐17‐032 MCKEE ELLEN D TRUSTEE 10435 CALVERT DR CUPERTINO CA 95014‐3835 $91.00 18755 BARNHART 375‐17‐051 JOHNSON ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 $91.0010490 WUNDERLICH 375‐17‐055 LU ANNE 10490 WUNDERLICH DR CUPERTINO CA 95014‐3648 $91.00 10409 JOHNSON 375‐18‐044 CHAUDHARY, VAIBHAV AND MEENAKSHI 10409 JOHNSON AVE CUPERTINO CA 95014 $91.00 664
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10356 STERLING 375‐24‐011 TEKAWADE RAHUL P AND MORE NAMRATA S 10356 STERLING BLVD CUPERTINO CA 95014‐3867 $91.00 10308 STERLING 375‐24‐017 HAO STEVE MIN AND SUN QING PING TRUSTEE 6962 BOLLINGER RD SAN JOSE CA 95129‐2847 $91.00 18671 PRING 375‐25‐039 HUANG CHANG‐KAI AND TSENG SHANG‐LIN 18671 PRING CT CUPERTINO CA 95014‐3822 $91.0018661 CRABTREE 375‐25‐047 SUBAINATI MOHAMAD K AND JULIE 18661 CRABTREE AVE CUPERTINO CA 95014‐3864 $91.0018621 BARNHART 375‐26‐035 KOO SANDRA S ET AL 18621 BARNHART AVE CUPERTINO CA 95014‐3801 $91.00 18730 BARNHART 375‐27‐001 VASILIEV OLGA 18730 BARNHART AVE CUPERTINO CA 95014‐3804 $91.00 10610 WUNDERLICH 375‐27‐019 NIE XIAOQIONG 10610 WUNDERLICH DR CUPERTINO CA 95014‐3652 $91.00 18781 TUGGLE 375‐27‐025 CAMPBELL MICHAEL DP O BOX 5345 SAN JOSE CA 95150‐5345 $91.0010540 WUNDERLICH 375‐27‐037 OH SEUNGSEOK AND RYU SUNA 10540 WUNDERLICH DR CUPERTINO CA 95014‐3650 $91.00 10519 GASCOIGNE 375‐28‐002 LI XIN AND YU LISHAN 10519 GASCOIGNE DR CUPERTINO CA 95014‐3841 $91.00 10549 GASCOIGNE 375‐28‐006 LAM MARCOS C 10549 GASCOIGNE DR CUPERTINO CA 95014‐3841 $91.00 10520 JOHNSON 375‐28‐039 DONG LIJIE AND HUANG CAILIN 13428 CHRISTIE DR SARATOGA CA 95070‐5103 $91.00 18690 BARNHART 375‐28‐041 WARREN THOMAS C AND DOROTHY C TRUSTEE P O BOX 2639 SARATOGA CA 95070 $91.00 10784 JOHNSON 375‐31‐003 WANG YINAN PO BOX 946 CUPERTINO CA 95014 $91.00 10740 JOHNSON 375‐31‐007 CHA CATHY Y TRUSTEE 10740 JOHNSON AVE CUPERTINO CA 95014‐3818 $91.00 10711 GASCOIGNE 375‐31‐018 TSAI CHIH JUNG AND LAI HUI WEN 10711 GASCOIGNE DR CUPERTINO CA 95014‐3845 $91.00 10731 GASCOIGNE 375‐31‐020 NEJAT FRANK FPO BOX 700702 SAN JOSE CA 95170 $91.0010831 JOHNSON 375‐31‐065 HUO XIPING AND SONG YUANYUAN TRUSTEE 5023 CAPISTRANO AVE SAN JOSE CA 95129‐1025 $91.00 10841 JOHNSON 375‐31‐066 LI YONGNA AND SONG NING 10841 JOHNSON AVE CUPERTINO CA 95014‐3819 $91.00 18850 TUGGLE 375‐32‐026 ZHU XINGLEI AND YIN WENYUAN 18850 TUGGLE AVE CUPERTINO CA 95014‐3626 $91.00 18970 BARNHART 375‐33‐003 DARBY MICHAEL AND LEE SANDRA TRUSTEE 18970 BARNHART AVE CUPERTINO CA 95014‐3669 $91.00 18871 PENDERGAST 375‐33‐027 LUI DAVID K 18871 PENDERGAST AVE CUPERTINO CA 95014‐3620 $91.00 18881 PENDERGAST 375‐33‐028 CHENG XINWU AND SHI WEN 18881 PENDERGAST AVE CUPERTINO CA 95014‐3620 $91.00 18931 PENDERGAST 375‐33‐033 KAWASAKI ELAINE T TRUSTEE 18931 PENDERGAST AVE CUPERTINO CA 95014‐3622 $91.00 18911 TUGGLE 375‐33‐064 FLAUGHER LOU ANN 18911 TUGGLE AVE CUPERTINO CA 95014‐3625 $91.00 10657 MORENGO 375‐34‐013 ORTIZ ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014‐3513 $91.00 10673 MORENGO 375‐34‐015 SHARMA SUBHASH C AND MAMTA 10673 MORENGO DR CUPERTINO CA 95014‐3513 $91.00 18930 TUGGLE 375‐34‐045 SHEN & TIAN LLC 16345 LOS GATOS BLVD UNIT 38 LOS GATOS CA 95032‐4544 $91.00 18940 NEWSOM 375‐35‐011 NGUYEN CHINH MANH AND PHAM THUY THI DIEP 18940 NEWSOM AVE CUPERTINO CA 95014‐3618 $91.00 10524 TANTAU 375‐37‐020 LIU XIONG 10524 S TANTAU AVE CUPERTINO CA 95014 $91.00 10623 JOHANSEN 375‐37‐058 WANG LIEH C AND VIRGINIA S TRUSTEE 6808 LEYLAND PARK DR SAN JOSE CA 95120‐5616 $91.00 899 TANTAU 375‐38‐045 ZWEIG JONATHAN M AND GRACE YUAN TRUSTEE 899 S TANTAU AVE CUPERTINO CA 95014‐4648 $91.00 928 HYDE 375‐39‐004 SAIKUMAR GURUPRASAD AND DHANAPAL VIDYA 928 HYDE AVE CUPERTINO CA 95014‐4663 $91.00 19210 TILSON 375‐40‐060 SINGH TAJINDER AND SANDHU RAMNEET 19210 TILSON AVE CUPERTINO CA 95014‐3529 $91.00 10455 TANTAU 375‐40‐066 JONES JAMIE LYNNE RATLIFF TRUSTEE PO BOX 698 CUPERTINO CA 95015‐0698 $91.00 698 MILLER 375‐42‐011 LIN JOHN YAW HWA AND MICHELLE HWAN TI 698 MILLER AVE CUPERTINO CA 95014‐4640 $91.00 678 MILLER 375‐42‐012 JEN KO‐TA AND CHRISTINA N TRUSTEE 678 MILLER AVE CUPERTINO CA 95014‐4640 $91.00 $10,465.00
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ASSESSMENT REPORT
CITY OF CUPERTINO Fail
Situs APN OWNER ADDRESS

TAX ROLL
AMT
Exhibit A
1 20860 Garden Gate 326-30-034 Elliott Julie Trustee 204 Eagle Ln BRENTWOOD 94513 $596.00 13003 2 10467 Glencoe 326-30-106 Damask Robert T Po Box 2421 CUPERTINO 95015 $1,920.70 13003 3 NULL Stevens Creek 342-13-012 Deane And Deane Inc 4040 Moorpark Unit #116 SAN JOSE 95117-1851 $596.00 130264 NULL Null 342-45-001 Chamberlain Jack T Trustee 655 Skyway Unit 230 SAN CARLOS 94070 $596.00 13026 5 22032 Lindy 356-27-025 De Kalpajit And Majumder Parama 22032 Lindy Ln CUPERTINO 95014-4811 $596.00 130376 20592 Mc Clellan 359-18-010 Chang Lance C And Melody F 20592 Mc Clellan Rd CUPERTINO 95014-2955 $962.10 13002 7 NULL Cranberry 362-02-048 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $2,921.00 130028 NULL Cranberry 362-04-058 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $2,886.00 130029 NULL Null 362-09-026 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $5,304.20 1300210 NULL Null 362-16-037 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $2,963.00 1300011 NULL Null 362-19-033 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $5,357.00 1307012 NULL Null 362-31-030 Almasi Azita Trustee & Et Al 965 Laurel Glen Dr PALO ALTO 94304-1323 $596.00 1300213 NULL Stelling 366-09-028 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $641.00 1300214 NULL Stauffer 366-09-053 Union Pacific Railroad 10031 Foothills Blvd ROSEVILLE 95030-0000 $3,563.60 13000 15 10200 Stern 375-12-002 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $1,691.40 13266 16 10240 Calvert 375-18-022 Xing Pei And Wang Nadia J 10240 Calvert Dr CUPERTINO 95014-3808 $596.00 13266 17 10361 Johnson 375-18-039 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $1,664.20 1326618 10840 Johnson 375-30-024 Benkenan Suzan Fishel Trustee 18891 Newsom Ave CUPERTINO 95014-3818 $1,062.00 1326619 10630 Carver 375-32-020 Mc Grath Patrick W Po Box 2422 PALO ALTO 94309-2422 $1,691.20 13266 Report Date: 7/12/2022 (List Sorted by APN) Page 1
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TAX ROLL
AMT
Exhibit A
20 18870 Tuggle 375-32-024 Dela Cruz Sherwin Peter L 18870 Tuggle Ave CUPERTINO 95014-3626 $596.00 1326621 10827 Minette 375-32-057 Wu, Jianping 988 Leith Ave SANTA CLARA 95054 $596.00 13266 22 10627 Culbertson 375-36-027 Mc Grath Patrick W 1184 Valelake Ct SUNNYVALE 94089-2032 $1,709.20 13266 TOTAL $39,104.60
Report Date: 7/12/2022 (List Sorted by APN) Page 2
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RESOLUTION NO. 22-017

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

ORDERING ABATEMENT OF PUBLIC NUISANCE PURSUANT TO
PROVISIONS OF CUPERTINO MUNICIPAL CODE CHAPTER 9.08 AND RESOLUTION NO. 21-112
WHEREAS, the City Council has declared that the growth of weeds, the accumulation of garden refuse, cuttings and other combustible trash upon the private properties as described in Resolution No. 21 -112 adopted December 7, 2021, to be a potential public nuisance ( see Weed Abatement Program Commencement Report as Exhibit A); and
WHEREAS, after due notice, a public hearing/ meeting thereon was held at the regular meeting of the City Council on January 18, 2022 to allow the impacted property owners to contest the matter; and
WHEREAS, from the evidence presented, both oral and written, at the public hearing/ meeting of January 18, 2022, it appears to be in the best interests of the City to acquire jurisdiction over the existing nuisances which have not peen abated, and for the City to abate said nuisance in accordance with the law.

NOW, THEREFORE, BE IT RESOLVED:

1. That the Agricultural Commissioner is hereby ordered to abate such nuisance or cause the same to be abated by having the weeds referred to destroyed or removed by cutting, discing, chemical spraying or any other method determined by him; that all debris, whether in piles or scattered, be hauled away;

2. That the Agricultural Commissioner and his deputies, assistants, employees, contracting agents or other representatives shall have express authorization to enter upon said private properties for the purpose of causing said public nuisance to be abated, in accordance with all applicable legal requirements; and

3. That any affected property owners shall have the right to destroy or remove such weeds or debris himself or herself or have the same destroyed or removed at his/her own expense provided that such destruction or removal shall have been completed prior to the arrival of the Agricultural Commissioner or his 668
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Resolution No. 22- 017

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authorized representative to destroy or remove them by the Parcel Abatement Deadline of April 30, 2022.

BE IT FURTHER RESOLVED:

1. That the Agricultural Commissioner shall keep account of abating said nuisance and embody such account in a report and assessment list to the City Council, which shall be filed with the City Clerk.

2. Said reports of costs, hearing and collection procedures involved shall be provided as stated in Chapter 9.08.

PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 18th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

ATTEST:

Members of the City Council
Paul, Moore, Wei, Willey
None
Chao
None
z_.c/z.__ o z_ -z___
Date
Kirsten Squarcia, City Clerk Date
1/27/22
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EXHIBIT A
2022 WEED ABATEMENTPROGRAM

COMMENCEMENT REPORT

CITY OF CUPERTINO

EXHIBIT A
Situs APN Owner Owner Address City/State Zip Code
10101 N WOLFE RD 316-20-120 VALLCO PROPERTY OWNER LLC ET AL 2600 EL CAMINO REAL STE 410 PALO ALTO CA 94306- 1719 10175 MCLAREN PL 316-21-049 CHAO LIANG FANG 10175 MCLAREN PL CUPERTINO CA 95014-2335 19641 DRAKE DR 316-32-028 EDBERG JEREMY AND YOUNG KATHY 19641 DRAKE DR CUPERTINO CA 95014-2433 19661 DRAKE DR 316-32-030 RENTERIA MICHAEL J AND MICHELLE LET AL 19661 DRAKE DR CUPERTINO CA 95014-2433 22482 SALEM AV 326-15-099 ARBAGEY WAYNE P AND JEANNETHE TRUSTEE 680 LINDEN AVE LOS ALTOS CA 94022-1627 10047 CRESCENT RD 326-16-027 GRAND SUCCESS LLC 10047 CRESCENT RD CUPERTINO CA 95014-1050 10036 CRESCENT RD 326-17-065 HENGYE LLC 10559 FELTON WAY CUPERTINO CA 95014-4305 10395 N STELLING RD 326-28-094 CHEN ZHIFENG TRUSTEE & ET AL 10395 N STELLING RD CUPERTINO CA 95014-1613 20860 GARDEN GATE DR 326-30-034 ELLIOTT JULIE TRUSTEE 204 EAGLE LN BRENTWOOD CA 94513 20985 GARDEN GATE DR 326-30-087 WU RICHARD W ET AL 12181 COUNTRY SQUIRE LN SARATOGA CA 95070-3467 10467 GLENCOE DR 326-30-106 DAMASK ROBERT T PO BOX 2421 CUPERTINO CA 95015 20710 GARDEN GATE DR 326-33-015 LO ANGELINE WAH-YIN AND HENRY CHAN TRUSTEE PO BOX 2935 CUPERTINO CA 95015-2935 10692 PEBBLE PL 326-43-042 CHEN SHUO-HAO AND LIOU SU-LING 10692 PEBBLE PL CUPERTINO CA 95014-1333 10712 PEBBLE PL 326-43-044 WINGET CHARLES MAND KATHERINE B 10712 PEBBLE PL CUPERTINO CA 95014-1333 STEVENS CREEK BL 342-13-012 DEANE AND DEANE INC 4040 MOORPARK UNIT #116 SAN JOSE CA 95117-1851 22645 SANJUAN RD 342-17-067 MULLEN EVA JO TRUSTEE PO BOX 835 CUPERTINO CA 95015-0835 22755 SANJUAN RD 342-17-068 MADHANY AL-HUSEIN N AND SEBASTIAN LIANA Y 22755 SAN JUAN RD CUPERTINO CA 95014 10690 CORDOVA RD 342-17-083 WONG KEITH TAI 10690 CORDOVA RD CUPERTINO CA 95014-3912 22577 SAN JUAN RD 342-17-084 DHUEY MICHAEL J 22577 SAN JUAN RD CUPERTINO CA 95014-3932 10611 SANTA LUCIA RD 342-17-095 HUNTS SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-3937 22661 SANJUAN RD 342-17-110 TURNER PAULJ TRUSTEE & ET AL 10550 MIRA VISTA RD CUPERTINO CA 95014 EL CERRITO RD 342-21-004 ITEM WERNER AND GLORIA ETRUSTEE 22670 SAN JUAN RD CUPERTINO CA 95014-3933 22765 SANJUAN RD 342-22-031 NEHAWANDIAN NASIM 22765 SAN JUAN RD CUPERTINO CA 95014-3934 10625 CORDOVA RD 342-22-103 BREINBERG STEVEN A AND DANNA S 10625 CORDOVA RD CUPERTINO CA 95014-3911 342-45-001 CHAMBERLAIN JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070 23026 VOSS AV 342-50-016 TSAI VICKY TSAY-HSAI TRUSTEE & ET AL PO BOX 977 CUPERTINO CA 95015-0977 STEVENS CANYON RD 351-10-043 PARKSIDE TRAIL LLC P.O BOX 320667 LOS GATOS CA 95032 22483 RIVERSIDE DR 356-03-041 CHANG YU-MING AND LEE CHIH-WEI 1140 CANYON GREEN DR SAN RAMON CA 94582-4617 22222 MCCLELLAN RD 356-05-003 AIKINS SONYA E TRUSTEE 45 KOCH RD STE A CORTE MADERA CA 94925 MCCLELLAN RD 356-05-005 LOWENTHAL RICHARD AND ELLEN 21602 VILLA MARIA CT CUPERTINO CA 95014 21885 HYANNISPORT DR 356-13-050 YU XIAOMING AND CHENG YAN MING 21885 HYANNISPORT DR CUPERTINO CA 95014-4015 670
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21906 HYANNISPORT DR 356-14-057 XU HAO AND WANG XUE 21906 HYANNISPORT DR CUPERTINO CA 95014-4016 21662 COLUMBUS AV 356-18-049 CHANG ERIC AND CECILIA KAN 21662 COLUMBUS AVE CUPERTINO CA 95014-4711 11235 BUBB RD 356-21-054 KARP STEPHANIE J 11235 BUBB RD CUPERTINO CA 95014-4940 21576 LA PLAYA CT 356-23-015 SAHA ANGSHUMAN AND MADHUMITA TRUSTEE PO BOX 2918 CUPERTINO CA 95015-2918 21987 LINDY LN 356-25-031 KANG PING QI AND LIANG YU JUAN 2408 CLEMENT ST SAN FRANCISCO CA 94121 356-25-033 KANG PINGQI ET AL 2793 RANDERS CT PALO ALTO CA 94303 22041 LINDY LN 356-27-012 ARAMOONIE PHILIP 22041 LINDY LN CUPERTINO CA 95014-4851 11450 CANYON VIEW CL 356-27-023 CHANG CHIAO-FU AND SUE-FAY 11450 CANYON VIEW CIR CUPERTINO CA 95014 22032 LINDY LN 356-27-025 DE KALPAJIT AND MAJUMDER PARAMA 22032 LINDY LN CUPERTINO CA 95014-4811 22310 PALM AV 357-04-023 VAN BLOMMESTEIN ROBERT AND STEPHANIE ET AL 1144 BRACE AVE SAN JOSE CA 95125-3200 840 ROSE BLOSSOM DR 359-04-019 LIAN HAO AND WANG JING 840 ROSE BLOSSOM DR CUPERTINO CA 95014-4214 10040 BIANCHI WY 359-07-021 YOUNG PEYRUU AND HU LEON 790 PILGRIM LOOP FREMONT CA 94539 20592 MCCLELLAN RD 359-18-010 CHANG LANCE C AND MELODY F 20592 MCCLELLAN RD CUPERTINO CA 95014-2955 20616 MCCLELLAN RD 359-18-048 HARDEMAN MELODY F ET AL 20616 MCCLELLAN RD CUPERTINO CA 95014-2955 BUBB RD 362-01-025 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 CRANBERRY DR 362-02-048 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 CRANBERRY DR 362-04-058 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 362-09-026 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 362-16-037 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 362-19-033 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 1103 S STELLING RD 362-22-006 KABRA GOVIND AND ZAWAR ROSH NI TRUSTEE 1103 S STELLING RD CUPERTINO CA 95014-5020 1161 S STELLING RD 362-22-018 LEPAGE-WOODIE CASEY RENE 1504 GUIZOT ST SAN DIEGO CA 92107 7585 RAINBOW DR 362-24-003 WANG TAO AND LI WEI 7585 RAINBOW DR CUPERTINO CA 95014-5235 20666 CLEO AV 362-31-001 XU BIN ET AL 20666 CLEO AVE CUPERTINO CA 95014-5033 20652 CLEO AV 362-31-002 BURROW BRADLEY J AND JUANITA S 20652 CLEO AVE CUPERTINO CA 95014-5033 362-31-030 ALMASI AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 11841 UPLAND WY 366-03-062 VEMPATY NAGESHWARA RAND HYMA T 13304 GLEN BRAE DR SARATOGA CA 95070-4431 s STELLING RD 366-09-028 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 STAUFFER LN 366-09-053 UNION PACIFIC CORPORATION 10031 FOOTHILLS BLVD ROSEVILLE CA 95030-0000 7690 PEACH BLOSSOM DR 366-11-114 DOLL CYNTHIA A TRUSTEE 4801 CAMERON RD ELK CA 95432 21608 RAINBOW DR 366-38-031 LAU PHYLLIS ANN CHOY TRUSTEE PO BOX 2726 CUPERTINO CA 95015 22033 REGNART RD 366-46-005 BIGLER ROBERT A AND PUNITA P TRUSTEE 11230 BUBB RD CUPERTINO CA 95014-4979 22045 REGNART RD 366-46-006 BIGLER ROBERT A AND PU NITA P TRUSTEE 11230 BUBB RD CUPERTINO CA 95014-4979 366-46-007 BIGLER ROBERT A AND PU NITA P TRUSTEE 11230 BUBB RD CUPERTINO CA 95014-4979 10295 VICKSBURG DR 369-07-015 XU GUANGJUN AND YANG QI 10295 VICKSBURG DR CUPERTINO CA 95014-3358 10301 VICKSBURG DR 369-07-016 MUNTZ DANIEL A AND KUNO HARUMI A 10301 VICKSBURG DR CUPERTINO CA 95014-3358 671
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10140 RICHWOOD DR 369- 08-033 ORTIZ ALFREDO TRUSTEE PO BOX40 CUPERTINO CA 95015 10300 VICKSBURG DR 369- 14-008 TANABE THOMAS M TRUSTEE & ET AL 10300 VICKSBURG DR CUPERTINO CA 95014- 3320 879 BETTE AV 369- 27-050 CHANG JUI PO 1198 EAGLE RIDGE WAY MILPITAS CA 95035 20011 PACIFICA DR 369- 28-042 SWAMINATHAN RAM AND RAJASREE 20011 PACIFICA DR CUPERTINO CA 95014- 3110 19397 PHIL LN 375- 05-032 PONGURLEKAR JITENDRA AND RUPALI 19397 PHIL LN CUPERTINO CA 95014-3429 10039 S TANTAU AV 375- 07-005 MEIER- LIM FRANCES WAND ROBERT ET AL 1710 HOLT AVE LOS ALTOS CA 94024- 6924 10067 S TANTAU AV 375- 07-007 WU HUNGJEN HENRY 10067 STANTAU AVE CUPERTINO CA 95014- 3541 19160 COZETTE LN 375- 07-022 LIU WILLIAM WAND LISA G TRUSTEE 20291 MERRICK DR SARATOGA CA 95070- 4960 19131 LOREE AV 375- 07-029 KONG FAN PENG AND CHEN MING JIAN 19131 LOREE AVE CUPERTINO CA 95014- 3539 10251 S TANTAU AV 375- 08-004 TAO BANG NHON AND WEN WANLING 10251 S TANTAU AVE CUPERTINO CA 95014 10349 BRET AV 375-10-022 HUANG SZU-TAO AND LEE EMMA TRUSTEE & ET AL 1818 W LAGOON RD PLEASANTON CA 94566 10135 BRET AV 375- 11-026 LI HESHENG AND XU YUAN 10135 BRET AVE CUPERTINO CA 95014- 3557 10080 BRET AV 375- 11-043 LI YIMING TRUSTEE & ET AL 20790 GARDEN GATE DR CUPERTINO CA 95014 10200 STERN AV 375- 12-002 MCGRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309- 2422 10104 STERN AV 375- 12-011 SUNG ROBERTO 10683 N STELLING RD CUPERTINO CA 95014- 1647 18921 ARATA WY 375- 12-041 CHEN BILONG AND WANG RUJUE 18921 ARATA WAY CUPERTINO CA 95014- 3670 18921 LOREE AV 375-13-001 GAO SHAOFEN 18921 LOREE AVE CUPERTINO CA 95014-3672 18916 ARATA WY 375-13-002 JINSHAN PROPERTIES LLC PO BOX 398 MOUNTAIN VIEW CA 94042 10295 MORETTI DR 375-14-004 GAO JIE JENIE TRUSTEE 2 ABBEY ST SAN FRANCISCO CA 94114-1715 18871 BARNHART AV 375- 16-057 CHEN YU DAVID AND CHIU IWEN 18871 BARNHART AVE CUPERTINO CA 95014-3601 10335 CALVERT DR 375- 17-022 SRINIVASAN MAHESHWARAN AND SUNDARESAKUMAR P 10335 CALVERT DR CUPERTINO CA 95014-3807 10405 CALVERT DR 375- 17-029 LUO VINSON ET AL 45536 CHEROKEE LN FREMONT CA 94539 10425 CALVERT DR 375- 17-031 GUARDINO WEI 10425 CALVERT DR CUPERTINO CA 95014-3807 10435 CALVERT DR 375-17-032 MCKEE ELLEN D TRUSTEE 10435 CALVERT DR CUPERTINO CA 95014- 3835 18755 BARNHART AV 375-17-051 JOHNSON ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 10490 WUNDERLICH DR 375-17-055 LU ANNE 10490 WUNDERLICH DR CUPERTINO CA 95014- 3648 10240 CALVERT DR 375-18-022 XING PEI AND WANG NADIA J 10240 CALVERT DR CUPERTINO CA 95014-3808 10361 JOHNSON AV 375-18-039 MCGRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309- 2422 10409 JOHNSON AV 375-18-044 RECUPERO MARILYN A TRUSTEE 1190 S BASCOM AVE UNIT 108 SAN JOSE CA 95128 18655 LOREE AV 375-19-008 LIANG WAN HAR CINDY TRUSTEE 18655 LOREE AVE CUPERTINO CA 95014-3837 10356 STERLING BL 375-24-011 TEKAWADE RAHUL P AND MORE NAMRATA S 10356 STERLING BLVD CUPERTINO CA 95014-3867 10308 STERLING BL 375- 24-017 HAO STEVE MIN AND SUN QING PING TRUSTEE 6962 BOLLINGER RD SAN JOSE CA 95129-2847 18671 PRING CT 375- 25-039 HUANG CHANG- KAI AND TSENG SHANG- LIN 18671 PRING CT CUPERTINO CA 95014- 3822 18661 CRABTREE AV 375- 25-047 SU BAI NATI MOHAMAD KAND JULIE 18661 CRABTREE AVE CUPERTINO CA 95014- 3864 18621 BARNHART AV 375- 26-035 KOO SANDRA SET AL 18621 BARNHART AVE CUPERTINO CA 95014-3801 18730 BARNHART AV 375-27-001 VASILIEV OLGA 18730 BARNHART AVE CUPERTINO CA 95014- 3804 672
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10610 WUNDERLICH DR 375- 27-019 NIE XIAOQIONG 10610 WUNDERLICH DR CUPERTINO CA 95014-3652 18781 TUGGLE AV 375- 27-025 CAMPBELL MICHAEL D PO BOX 5345 SAN JOSE CA 95150-5345 10540 WUNDERLICH DR 375- 27-037 OH SEUNGSEOK AND RYU SUNA 10540 WUNDERLICH DR CUPERTINO CA 95014-3650 10519 GASCOIGNE DR 375- 28-002 LI XIN AND YU LISHAN 10519 GASCOIGNE DR CUPERTINO CA 95014-3841 10549 GASCOIGNE DR 375- 28-006 LAM MARCOS C 10549 GASCOIGNE DR CUPERTINO CA 95014-3841 10520 JOHNSON AV 375-28-039 DONG LIJIE AND HUANG CAILIN 13428 CHRISTIE DR SARATOGA CA 95070-5103 18690 BARNHART AV 375- 28-041 WARREN THOMAS C AND DOROTHY C TRUSTEE PO BOX 2639 SARATOGA CA 95070 10840 JOHNSON AV 375-30-024 BENKENAN SUZAN FISHEL TRUSTEE 18891 NEWSOM AVE CUPERTINO CA 95014- 3818 10784 JOHNSON AV 375-31-003 WANG YINAN PO BOX 946 CUPERTINO CA 95014 10740 JOHNSON AV 375-31-007 CHA CATHY Y TRUSTEE 10740JOHNSON AVE CUPERTINO CA 95014-3818 10711 GASCOIGNE DR 375-31-018 TSAI CHIH JUNG AND LAI HUI WEN 10711 GASCOIGNE DR CUPERTINO CA 95014- 3845 10731 GASCOIGNE DR 375-31-020 NEJAT FRANK F PO BOX 700702 SAN JOSE CA 95170 10831 JOHNSON AV 375-31-065 HUO XIPING AND SONG YUANYUAN TRUSTEE 5023 CAPISTRANO AVE SAN JOSE CA 95129-1025 10841 JOHNSON AV 375-31-066 LI YONGNA AND SONG NING 10841 JOHNSON AVE CUPERTINO CA 95014- 3819 10630 CARVER DR 375-32-020 MCGRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309- 2422 18870 TUGGLE AV 375-32-024 DELA CRUZ SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-3626 18850 TUGGLE AV 375-32-026 ZHU XINGLEI AND YIN WENYUAN 18850 TUGGLE AVE CUPERTINO CA 95014-3626 10827 MINETTE DR 375-32-057 RECUPERO MARILYN A TRUSTEE 1190 S BASCOM AVE UNIT 108 SAN JOSE CA 95128 18970 BARNHART AV 375-33-003 DARBY MICHAEL AND LEE SANDRA TRUSTEE 18970 BARNHART AVE CUPERTINO CA 95014-3669 18871 PENDERGAST AV 375-33-027 LUI DAVID K 18871 PENDERGAST AVE CUPERTINO CA 95014-3620 18881 PENDERGAST AV 375-33-028 CHENG XINWU AND SHI WEN 18881 PENDERGAST AVE CUPERTINO CA 95014-3620 18931 PENDERGAST AV 375-33-033 KAWASAKI ELAINE T TRUSTEE 18931 PENDERGAST AVE CUPERTINO CA 95014-3622 18911 TUGGLE AV 375-33-064 FLAUGHER LOU ANN 18911 TUGGLE AVE CUPERTINO CA 95014-3625 10657 MORENGO DR 375-34-013 ORTIZ ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-3513 10673 MORENGO DR 375-34-015 SHARMA SUB HASH C AND MAMTA 10673 MORENGO DR CUPERTINO CA 95014-3513 18930 TUGGLE AV 375-34-045 SHEN & TIAN LLC 16345 LOS GATOS BLVD UNIT 38 LOS GATOS CA 95032-4544 18940 NEWSOM AV 375-35-011 NGUYEN CHINH MANH AND PHAM THUY THI DIEP 18940 NEWSOM AVE CUPERTINO CA 95014-3618 5991 BOLLINGER RD 375-35-025 NALAVDE TAN MAYS AND VAIDYA VISHWA 5991 BOLLINGER RD CUPERTINO CA 95014-3536 10627 CULBERTSON DR 375-36-027 MCGRATH PATRICK W 1184 VALELAKE CT SUNNYVALE CA 94089-2032 10524 s TANTAU AV 375-37-020 LIU XIONG 10524 S TANTAU AVE CUPERTINO CA 95014 10623 JOHANSEN DR 375-37-058 WANG LIEH C AND VIRGINIA S TRUSTEE 6808 LEYLAND PARK DR SAN JOSE CA 95120-5616 899 s TANTAU AV 375-38-045 ZWEIG JONATHAN MAND GRACE YUAN TRUSTEE 899 S TANTAU AVE CUPERTINO CA 95014-4648 928 HYDE AV 375-39-004 SAIKUMAR GURUPRASAD AND DHANAPAL VIDYA 928 HYDE AVE CUPERTINO CA 95014-4663 19210 TILSON AV 375-40-060 SINGH TAJINDER AND SANDHU RAMNEET 19210 TILSON AVE CUPERTINO CA 95014-3529 10455 s TANTAU AV 375-40-066 JONES JAMIE LYNNE RATLIFF TRUSTEE PO BOX 698 CUPERTINO CA 95015-0698 698 MILLER AV 375-42-011 LIN JOHN YAW HWA AND MICHELLE HWAN Tl 698 MILLER AVE CUPERTINO CA 95014-4640 673
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I . 6781 I MILLER IAV I375-42-012 IJEN KO-TA AND CHRISTINA N TRUSTEE 1678 MILLER AVE ICUPERTINO CA I95014- 46401 674
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July 7, 2022
Subject: Special Assessment for Abatement of Hazardous Vegetation and/or Debris and Notice of Hearing of the Cupertino City Council
Dear Property Owner,
Your property has been placed on the Special Assessment Tax Roll for weeds, brush and/or combustible debris abatement services pursuant to Section 9.08 of the Cupertino Municipal Code.

A Weed Abatement Program Assessment Report (assessment list) is enclosed.

The Cupertino City Council will conduct a hearing on July 19, 2022 to hear any objections by persons having their names added to the assessment list. Council will meet at 6:45 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, and via teleconference if authorized pursuant to Government Code section 54953(e). Members of the public will be able to attend in person or observe and address the meeting telephonically or otherwise electronically from the City’s website through procedures that will be detailed in the published meeting agenda.

If you have questions about being placed on the assessment list, please call (408) 282-3145 to speak with Moe Kumre, Santa Clara County Department of Agriculture and Resource Management Weed Abatement Program Manager. You may be directed to leave a voicemail however your call will be returned within three business days.

Thank you,
Kirsten Squarcia
City Clerk
Enclosure: Weed Abatement Program Assessment Report
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NOTICE OF HEARING ON REPORT AND ASSESSMENT

FOR WEEDS, BRUSH AND/OR COMBUSTIBLE DEBRIS
NOTICE IS HEREBY GIVEN that that on July 6, 2022 the County Agricultural Commissioner filed with the City Clerk a report and assessment of abatement of weeds, brush and/or combustible debris within the City, copies of which are posted near the main door of the City Hall and Community Hall Council Chambers, 10300 and 10350 Torre Avenue, Cupertino, CA 95014.

NOTICE IS FURTHER GIVEN that on July 19, 2022 at the hour of 6:45 p.m. or as soon as the item can be heard, in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014 and via a teleconference meeting if authorized pursuant to Government Code section 54953(e), said report and assessment list will be presented for consideration and confirmation, and that any and all persons interested having any objections to said report and assessment list, or to any matter or thing contained therein, may appear at said time and place and be heard.

Dated this 7th day of July, 2022.

Kirsten Squarcia
City Clerk
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CITY OF CUPERTINO
Agenda Item
22-11218 Agenda Date: 7/19/2022
Agenda #: 28.

Subject: Consider the appointment of Pamela Wu as City Manager and approval of an At-Will City Manager Employment Agreement; consider Proposed Amendments to the Appointed Employees’ Compensation Program.

1.Consider adopting Resolution No. 22-090 approving the At-Will City Manager Employment Agreement between the City of Cupertino and Pamela Wu, and authorize the Mayor to execute the contract; and

2.Consider adopting Resolution No. 22-091 amending the Appointed Employees’ Compensation Program.

Presenter: Dianne Thompson, Acting City Manager
CITY OF CUPERTINO Page 1 of 1 Printed on 7/14/2022
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CITY COUNCIL STAFF REPORT
Meeting: July 19, 2022
Subject
Consider the appointment of Pamela Wu as City Manager and approval of an At-Will City Manager Employment Agreement; consider Proposed Amendments to the Appointed Employees’ Compensation Program.

Recommended Action

1. Consider adopting Resolution No. 22-XXX approving the At-Will City Manager Employment Agreement between the City of Cupertino and Pamela Wu, and authorize the Mayor to execute the contract; and

2. Consider adopting Resolution No. 22-XXX amending the Appointed Employees’ Compensation Program.

Discussion
After City Manager Jim Throop announced his resignation on June 22, 2022, the City Council revisited the candidates identified in the Fall 2021 City Manager recruitment and identified Pamela Wu as the most qualified candidate. Ms. Wu accepted Council’s offer of employment and has agreed to serve as City Manager.

Council may consider the appointment of Ms. Wu to serve as City Manager pursuant to the terms of the At-Will City Manager Employment Agreement between the City and Ms. Wu. (Attachment B.) Ms. Wu’s appointment would be effective on August 29, 2022.

Staff also proposes amendments to the Appointed Employees’ Compensation Program. (Attachment D-E.) The proposed amendments would conform the salary in the Appointed Employees’ Compensation Program to the proposed City Manager Employment Agreement.

In addition, the proposed amendments would conform the Appointed Employees’ Compensation Program to amendments to the City Attorney’s employment agreement that will be considered separately at the July 19, 2022 regular meeting of the City Council.

Council may approve the City Manager Employment Agreement and the amendments to Appointed Employees’ Compensation Program by adopting the resolutions enclosed as 678
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Attachments A and C, respectively.

Sustainability Impact
No sustainability impacts.

Fiscal Impact
There is no fiscal impact. Salary and benefits costs for the City Manager were included in the FY 2022-23 Final Adopted Budget (100-12-120). Salary savings from the City Manager vacancy are sufficient to cover increased costs.
_____________________________________
Prepared by: Christopher D. Jensen, City Attorney
Reviewed by: Michael Woo, Assistant City Attorney
Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

A – Draft Resolution Approving At-Will City Manager Employment Agreement B – At-Will City Manager Employment Agreement
C – Draft Resolution amending Appointed Employees’ Compensation Program D – Amendments to Appointed Employees’ Compensation Program (redline) E – Amendments to Appointed Employees’ Compensation Program (clean) 679
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RESOLUTION NO. 22 - ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF

CUPERTINO AND PAMELA WU, CITY MANAGER, AND AUTHORIZING

THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, the City Council desires to desires to appoint the City Manager subject to the terms of the At-Will City Manager Employment Agreement (“Employment Agreement”), attached hereto as Exhibit A; WHEREAS, the terms, conditions and provisions of the Employment Agreement have been reviewed and approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the aforementioned Employment Agreement and authorizes the Mayor to execute said agreement on behalf of the City of Cupertino.

BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Quality Act of 1970 and the State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because the Employment Agreement would have no or only a de minimis physical impact on the environment. Where it can be seen with certainty that the action does not have the potential for causing a significant effect on the environment, CEQA does not apply. The foregoing determination is made by the City Council in its independent judgment.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of July 2022, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. __________________

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SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
__________________________
Kirsten Squarcia, City Clerk
________________________
Date
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1 CITY OF CUPERTINO

AT-WILL CITY MANAGER EMPLOYMENT AGREEMENT
This AT-WILL CITY MANAGER EMPLOYMENT AGREEMENT (“ Agreement”) is entered into and made effective the 29th day of August, 2022, by and between the CITY OF CUPERTINO, a general law city and municipal corporation (“ City”), and PAMELA WU, an individual (“ Employee”).

R E C I T A L S
WHEREAS, it is the desire of the City Council of the City of Cupertino ( hereinafter the City Council”) to employ an individual to serve in the position of City Manager, which position is prescribed by state law and the City’ s Municipal Code; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the powers and duties of the city manager of the City are set forth in Section

2.28.040 of the Cupertino Municipal Code; and
WHEREAS, based on Employee’ s executive and administrative qualifications and ability, the City Council desires to employ Employee to serve as the city manager for the City; and WHEREAS, Employee desires to perform and assume responsibility for the provision of city manager services to the City; and
WHEREAS, the parties wish to establish the terms and conditions of Employee’ s provision of city manager professional services to the City through this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:

A G R E E M E N T

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby employs Employee as City Manager for the City to perform the functions and duties of the City Manager, as specified in the City’ s Municipal Code and in the Government Code of the State of California, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time to time, direct or assign, including but not limited to the following:
a) To see that all laws and ordinances of the City are duly enforced and that all franchises, permits, licenses, and privileges granted by the City are faithfully performed 682
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2 and observed;
b) To control, order, and give directions to all directors of departments and to subordinate officers and employees of the City under her jurisdiction through her department directors, and to transfer employees from one department to another; c) The services and facilities of the City Treasurer and the City Attorney shall be made available to the City Manager to the same extent and in the same manner that the services are available to the City Council;
d) To appoint, discipline and dismiss any and all officers and employees of the City except those elected by the electors of the City or whose appointment or dismissal is denied to the City Manager under the laws of the state. The power to appoint given in this paragraph does not include the power to create a new position except as provided under Chapter

2.52 of the City’ s Municipal Code;
e) To attend all meetings of the City Council unless excused there from by the City Council;
f) To recommend to the City Council for adoption such measures and ordinances as she deems necessary or expedient;
g) To keep the City Council at all times fully advised as to the financial conditions and needs of the City;
h) To prepare and submit to the City Council the annual budget and to administer it after adoption;
i) To purchase or cause to be purchased all supplies for all of the departments or divisions of the City. No expenditures shall be submitted or recommended to the City Council except on report and approval of the City Manager; j) To make investigation into the affairs of the City and any department or division thereof and any Contract or the proper performance of any obligation running to the City;
k) To investigate all complaints in relation to matters consuming the administration of the government of the City and in regard to the services maintained by public utilities in the City and to see that all franchises, permits, and privileges granted by the City are faithfully observed;
l) To execute general supervision over all public buildings, public parks, streets, and other public property which are under the control and jurisdiction of the City Council; m) To devote her entire working time, thought, and energy to the duties and interests of the City;
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3 n) To receive and open all official mail and communications addressed either to the Mayor or to the City Council;
o) To make reports and initiate recommendations as may be desirable or as requested by the City Council; and
p) To perform such other duties and exercise such other powers as may be delegated to her from time to time by ordinance, resolution, or other action of the City Council.

Employee shall devote her best efforts and full-time attention to performance of these duties.

1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of City Manager will require Employee to generally observe normal business hours, as set by City and as may be duly revised from time to time, and will also often require the performance of necessary services outside of normal business hours, without the option for an alternative work schedule that includes a regularly scheduled weekday off. Notwithstanding the foregoing, City will permit Employee such reasonable “ time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee’ s compensation ( whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 Other Activities. Employee shall focus her professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict of interest with the City or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the City Manager.

1.4 Employment Status. Upon appointment to the City Manager position, Employee shall serve at the will and pleasure of the City Council and understands that she shall be an “ at-will” employee without recourse to demotion rights and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process predisciplinary “ Skelly” hearing, except as expressly provided in this Agreement. The City Council may terminate Employee at any time in accordance with Section 3.4 below. b) City Documents. All data, studies, reports, and other documents prepared by Employee while performing her duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any 684
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4 governmental agency or court of competent jurisdiction or by any obligation to disclose such materials under the California Public Records Act. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of her duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, any governmental agency, ( c) subpoena, or ( d) an order issued by a court of competent jurisdiction.

1.5 Exclusion from Competitive Service. Employee understands, acknowledges, and agrees that she is exempt from the City’ s personnel system and is subject to Resolution No. 21-070, entitled “ A Resolution of the City Council of the City of Cupertino Amending the Appointed Employees’ Compensation Program” (“ Appointed Employees’ Compensation Program Resolution”), as may be amended from time to time at the sole discretion of the City Council. In the event of a conflict between the Appointed Employees’ Compensation Program Resolution and this Agreement, this Agreement controls.

1.6 FLSA Exempt Status. Employee agrees that her position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

2.0 COMPENSATION AND REIMBURSEMENT

2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’ s initial base annual compensation shall be Two Hundred Ninety-Eight Thousand Dollars ($ 298,000.00) annually (“ Salary”). Employee’ s Salary shall be increased by the same percentage and at the same time any discretionary across- the-board increase in base annual compensation granted to exempt management employees covered by the Unrepresented Employees’ Compensation Program prior to August 29, 2022. Employee’ s Salary shall be paid on a pro-rated basis biweekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll- related liability costs as determined by the City.

2.2 Deferred Compensation. City shall provide to Employee the same deferred compensation plan that may be provided to other employees covered under the Appointed Employees’ Compensation Program, if any. Employee shall be solely responsible for making contributions to the deferred compensation plan.

2.3 Annual Salary Review. The City Council and Employee agree to conduct an annual salary review concurrently with the annual performance evaluation set forth in Section

5.2. Following the annual performance review, the City Council may increase the Employee’ s salary. Any action to approve an increase must be approved by a majority vote of the City Council at a regularly noticed public meeting. The City Council and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City or any other public policy consideration warrants such action.

3.0 TERM

3.1 Commencement & Effective Date. Employee shall commence her 685
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5 services hereunder at 12:01 a.m. Pacific Standard Time on August 29, 2022 or such earlier date upon which the City Council and Employee may mutually agree, in either event such date will also be deemed the effective date of this Agreement (“ Effective Date”).

3.2 Term. This Agreement shall remain in effect from the Effective Date specified at Section 3.1 and shall automatically expire seven ( 7) years thereafter, unless this Agreement is terminated prior to that date pursuant to Section 3.3 or Section 3.4.

3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least thirty ( 30) days’ advance written notice prior to the effective date of termination, unless a shorter period is acceptable to Council. In the event Employee terminates this Agreement, Employee expressly agrees that she shall not be entitled to any severance pay.

3.4 Termination by City. The City Council may by majority vote terminate this Agreement at any time with or without cause, by providing written notice of the reason( s).

The City Council’ s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the Administrative Rules and Regulations of the Personnel Code Personnel Rules”) or past City practices related to the employment, discipline, or termination of the City’ s employees. Nothing herein shall be construed to create a property interest where one does not exist by rule of law in the position of City Manager. Upon appointment to the City Manager position, Employee will be and will remain an at-will employee serving at the pleasure of the City Council.
a) Termination by City for Cause. The City Council may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. For purposes of this Agreement, the term “ cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: ( 1) breach of this Agreement; ( 2) violation of the City’ s Municipal Code, ordinances, rules, and regulations, including but not limited to the City’ s Personnel Rules; ( 3) willful or persistent material breach or neglect of duties; ( 4) resume fraud or other acts of material dishonesty; ( 5) insubordination ( which shall be defined as a repeated failure to carry out a directive or directives of the City Council made by the City Council as a body); ( 6) corrupt or willful misconduct in office; ( 7) conviction of a misdemeanor involving moral turpitude ( i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law; (8) willful destruction or misuse of City property; ( 9) habitual intoxication while on duty, whether by alcohol, prescription drugs, or non-prescription drugs where they are being used in a manner not authorized by Employee’ s treating physician; 10) use or possession of illegal drugs; ( 11) inexcusable absence without an authorized leave of absence; ( 12) willful political activity involving the support of candidates for the City Council; 13) theft or attempted theft; ( 14) financial mismanagement; ( 15) material dishonesty; ( 16) willful violation of federal, state, or City discrimination and harassment laws concerning either members of the general public or City’ s employee( s) while acting in the course and scope of employment and/or while on City premises or time; (17) willful and unlawful retaliation against any City officer or employee or member of the general public who in good faith reports, discloses, divulges, or otherwise brings to the attention of any appropriate authority any facts or information relative to actual or suspected violations of any law occurring on the job or related directly thereto; ( 18) 686
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6 willful violation of any conflict of interest or incompatibility of office laws; ( 19) performance of material outside business interests that conflict directly with the activities and duties as City Manager, but not including educational or professional training programs conducted by Employee whether for personal financial gain or not; ( 20) refusal to take or subscribe to any oath or affirmation which is required by law; (21) engaging in conduct tending to bring embarrassment or disrepute to City; (22) any illegal or unethical act involving personal gain; ( 23) “ abuse of office or position” as defined in Government Code § 53243. 4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption); or ( 24) any similar cause. For any of the foregoing, the City Council may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City Council terminates for cause this Agreement and the services of Employee hereunder, then City shall have no obligation to pay severance.
b) Termination by City Council Without Cause. The City Council may terminate Employee at any time without cause but rather based upon management reasons, including but not limited to: ( i) change of administration or (ii) incompatibility of management styles. In the event Employee is terminated without cause, such action shall be provided and delivered to the Employee in writing. Employee further expressly agrees that she shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

3.5 Announcement of Separation. In the event that Employee provides notice of intent to terminate this Agreement pursuant to Section 3.3, City and Employee shall work in good faith to prepare a joint press release or statement, the contents of which shall be mutually agreeable to City and Employee, for release within five (5) calendar days of delivery of notice of a party’ s intent to terminate, and shall defer making any public comments regarding the termination of the Agreement prior to the release of the agreed- upon statement. The joint press release or statement shall not contain any information that is disparaging to either party. Should the parties be unable to agree upon a joint press release or statement within five ( 5) hours, City reserves the right to issue unilaterally a press release or statement, which shall not contain any information that is disparaging to Employee.

3.6 Waiver of Certain Discipline and Termination Rights. Employee may have under the California or United States constitutions rights to a name- clearing hearing.

Employee expressly waives any rights afforded under City’ s personnel system or policies, and any rights afforded to Employee under the Cupertino Municipal Code ( including Chapter 2.52) or under state or federal law, including Government Code § 54950 et seq. (“ Brown Act”), to any form of pre- or post- discipline or termination hearing, appeal, or other administrative process pertaining to discipline or termination. Such rights waived under this Section 3.5 include the right under the Brown Act (Government Code § 54957( b)) to have complaints or charges against an employee heard in a public session upon Employee’ s request.

4.0 SEVERANCE

4.1 Severance Pay. If the City Council terminates Employee without cause and Employee does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to her 687
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7 monthly base salary ( as defined in Section 2.1 above, calculated on a per diem basis) then in effect multiplied by twelve ( 12), less applicable deductions and excluding deferred compensation or the value of any other benefits.

Notwithstanding the foregoing, Government Code § 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary ( excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code § 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute ( For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the six (6) months otherwise provided by this Section 4.1.).

4.2 No Severance Pay if Termination for Cause or Termination by Employee.

As provided in Section 3.4(a), should Employee be terminated for cause, City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee terminate this Agreement, City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “ Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit A.

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee ( as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring cause” to terminate this Agreement or the services of Employee hereunder.

5.2 Performance Evaluations. The City Council will endeavor to review and evaluate the performance of Employee on a quarterly basis, or on any other schedule agreed upon by Employee and the City Council. In addition, the City Council will conduct an annual performance review and evaluation of Employee in August of each year beginning in 2023, concurrently with an annual salary review. Any performance review ( quarterly, annual, or otherwise) will be conducted in accordance with the purpose noted in Section 5.1 above, and will be based on specific criteria developed by the City Council after consultation with Employee. Such criteria may be modified as the City Council may from time to time determine, in consultation with the Employee.

5.3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two ( 2) weeks 688
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8 following the conclusion of the review and evaluation process, and may, at its discretion, schedule at least one ( 1) closed personnel session with Employee to deliver and discuss the evaluation.

6.0 BENEFITS

6.1 Automobile Allowance. City shall reimburse Employee for the use of her personal automobile for official City business at the rate of Five Hundred Dollars ($ 500.00) per month. The car allowance and parking expense reimbursements authorized by this Section 6.1 shall constitute full compensation for any and all expenses related to the operation and maintenance of Employee' s vehicle for City purposes. Employee shall maintain throughout the term of this Agreement automobile liability insurance in an amount not less than Five Hundred Thousand Dollars ($ 500,000.00) for bodily injuries or death of one person and Fifty Thousand Dollars 50,000.00) for property damage arising from one accident. Employee shall provide City with evidence of such automobile liability insurance coverage, to consist of a certificate of insurance or a copy of the insurance policy.

6.2 PERS. Employee is a “ classic” member of CalPERS and shall participate in the City’ s 2% at 60 formula subject to the terms and conditions in the Appointed Employees’ Compensation Program.

6.3 Sick, Vacation and Holiday Leave. Employee shall accrue vacation leave at a rate of 192 hours annually, with a maximum accrual of 352 hours. Employee shall otherwise receive sick, vacation, and holiday leave at the same level as all full-time employees, subject to the terms and conditions in the City’ s Personnel Rules as amended from time to time, based on the same terms and conditions applicable to management employees covered by the Unrepresented Employees’ Compensation Program. Sick leave shall have no cash out value upon Employee’ s separation from the City.

6.4 Administrative Leave. Employee shall accrue administrative leave as time off from work, instead of pay or compensatory leave credit for overtime work, at the rate of eighty 80) hours per year, subject to the terms of the Appointed Employees’ Compensation Program.

Employee may elect a buyout of administrative leave time once per year at a time determined by City. Upon Employee’ s separation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee’ s prevailing pay rate on the date of Employee’ s separation from City service.

6.5 Professional Dues and Subscriptions. City agrees to pay for professional dues and subscriptions of Employee directly related to her duties as City Manager, including but not limited to membership in the International City Management Association (“ ICMA”), the California City Management Foundation (“ CCMF”), the League of California Cities, the American Planning Association (“ APA”), and the Urban Land Institute (“ ULI”), provided the City Council has made provisions for such costs in the annual budget.

6.6 Professional Development. City hereby agrees to pay travel and subsistence expenses of Employee for professional and office travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue 689
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9 necessary official functions for the City, including but not limited to city manager associations and other such national, regional, state, and local government groups and committees on which Employee serves as a member, provided that the City Council has made provisions for such costs in the annual budget. City also agrees to pay tuition, travel, and subsistence expenses of Employee for courses, institutes, and seminars that are necessary for her professional development and the good of the City, provided that the City Council has provided for same in the annual budget.

6.7 Expenses. Employee shall be entitled to reimbursement for all reasonable expenses necessarily incurred by her in the performance of her duties upon presentation of vouchers indicating the amount and purpose thereof, and further provided that such expenses are in accordance with policies established from time to time by City and consistent with budget approved by the City Council for that purpose during the term of this Agreement.

6.8 Housing Assistance. Employee may elect to receive Housing Assistance in accordance with the City’ s Housing Assistance Program for Appointed Employees and Department Heads, Resolution No. 15-092, in effect as of the execution date of this Agreement, which is subject to approval by the City Council.

6.9 Other Benefits. Except as expressly provided in this Section 6.0, Employee shall be entitled to receive benefits as provided for under the Appointed Employees’ Compensation Program, as amended from time to time, which presently consist of, but are not limited to, retirement benefits, health coverage, life insurance, disability insurance, Cupertino sports club membership, floating holidays, and holidays. These benefits are subject to modification during the course of this Agreement at the sole and absolute discretion of City at such times and to such extent as City may deem appropriate; provided, however, there shall be no reduction in benefits unless City implements the same reduction of benefits to all other employees covered under the Appointed Employees’ Compensation Program; and further provided that in the event of a conflict between the Appointed Employees’ Compensation Program and this Agreement, this Agreement shall control.

7.0 BONDS AND INDEMNIFICATION

7.1 Indemnification. To the extent mandated by the California Government Code, City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’ s services under this Agreement. This Section 7.1 shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or to any other intentional or malicious conduct or gross negligence of Employee.

7.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’ s services under this Agreement.

8.0 GENERAL PROVISIONS

8.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between 690
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10 the parties with respect to Employee’ s employment by City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by either party or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding upon either party.

8.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require approval by the affirmative vote of at least three ( 3) members of the City Council.

8.3 Notice. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

City of Cupertino Pamela Wu
Attention: City Clerk [ On file with Human Resources Dept.] 10300 Torre Avenue
Cupertino, CA 95014
Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

8.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts or reasonably might be expected to conflict with the proper discharge of Employee’ s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to Section 87100 et seq., Section 1090, and Section 1125 of the Government Code, and all other similar statutory and administrative rules. Whenever any potential conflict arises or may appear to arise, the obligation shall be on Employee to seek legal advice concerning whether such conflict exists and Employee’ s obligations arising therefrom.

8.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

8.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

8.7 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and the parties agree that venue for any action arising out of this agreement shall be in Santa Clara County, California. 691
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11 8.8 Mandatory Government Code Provisions. Government Code §§ 53243– 53243. 4 require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of their office or position to provide reimbursement to the local agency for the following forms of payment: ( i) paid leave salary; ( ii) criminal defense costs; ( iii) cash settlement payments; and ( iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
53243. 1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
53243. 2. Reimbursement of cash settlement upon conviction of crime involving office or position.
53243. 3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
53243. 4. “ Abuse of office or position” defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee' s office or position. The Government Code provisions referenced in this Section 8.8 are attached hereto in Exhibit B.

8.9 Independent Legal Advice. City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof. signature page follows]
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12 IN WITNESS WHEREOF, the City of Cupertino has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement.

CITY OF CUPERTINO PAMELA WU
A Municipal Corporation An Individual
By:

Darcy Paul
Mayor, City of Cupertino
Date: Date:

APPROVED AS TO FORM:

Christopher D. Jensen
City Attorney
ATTEST:

Kirsten Squarcia
City Clerk
Date:

Pamela Wu
Jul 11, 2022
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1 EXHIBIT A
FORM OF] AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL

RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release ( hereinafter referred to as the AGREEMENT”) is entered into by and between the City of Cupertino, a general law city and municipal corporation ( hereinafter referred to as “ THE CITY”), and , an individual hereinafter referred to as “ EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will City Manager effective serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit A (“THE CONTRACT”). EMPLOYEE is currently years old.

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’ s voluntary separation as of , . This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’ s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’ s postemployment rights, including but not limited to EMPLOYEE’ s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“ COBRA”), the Employee Retirement Income Security Act of 1974 (“ ERISA”), and the Health Insurance Portability and Accountability Act of 1996 HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment to him/her at the time of his/her voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/ benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of and 694
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2 cents ($ . 00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’ s home address via certified mail return receipt requested within thirty (30) business days after the EFFECTIVE DATE ( as defined below) of this AGREEMENT.

3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’ s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them ( hereinafter referred to as “ THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including , ( hereinafter referred to collectively as CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including but not limited to any and all claims whether arising under any federal, state, or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin, or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§ 12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 ( hereinafter referred to as the ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’ s employment on the basis that the individual is age forty ( 40) or older. The Older Workers Benefit Protection Act ( hereinafter referred to as the “ OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that she/ he knowingly and voluntarily, for just compensation in addition to anything 695
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3 of value to which EMPLOYEE was already entitled, waives, and releases any rights he/she may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he/she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
a) This waiver/ release is written in a manner understood by EMPLOYEE; b) EMPLOYEE is aware of and/or has been advised of his/her rights under the ADEA and OWBPA, and of the legal significance of his/her waiver of any possible claims he/she currently may have under the ADEA, OWBPA and/or similar age discrimination laws; c) EMPLOYEE is entitled to a reasonable time of at least twenty- one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he/she may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his/her own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty- one ( 21) days;
d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
e) EMPLOYEE has been advised by this writing that he/she should consult with an attorney prior to executing this AGREEMENT;
f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his/her counsel of choice, and he/she does not need any additional time within which to review and consider this AGREEMENT;
g) EMPLOYEE has seven ( 7) days following his/her execution of this AGREEMENT to revoke the AGREEMENT;
h) Notice of revocation within the seven ( 7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “ I hereby revoke my acceptance of our Agreement of Severance and General Release”; and i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten ( 10) days have passed since EMPLOYEE’ s execution (“ EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code § 1542 reads as follows:

General Release – Claims Extinguished”
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at 696
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4 the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code § 1542.

6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so; and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party ( nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission, or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment, or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
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5 7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally, and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY and THE CITY PARTIES from and against any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he/she shall be exclusively liable for the payment of all taxes for which he/she is responsible, if any, as a result of his/her receipt of the consideration referred to in Paragraph 3 of this AGREEMENT.

In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state, or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary, or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services ( including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during his/her employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of his/her employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he/she has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state, or federal agency or court; that he/she will not do so at any time hereafter for any claim arising on any date up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released, or granted, or purported to assign, transfer, release, or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 698
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6 7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision, or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision, or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be 699
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7 deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’ s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three ( 3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’ s home address on file with THE CITY.

As to THE CITY:

City of Cupertino
Attention: City Clerk
10300 Torre Avenue
Cupertino, CA 95015
signature page follows]
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8 IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

CITY OF CUPERTINO ________________________
A Municipal Corporation An Individual
By:

Mayor, City of Cupertino
Date: Date:

APPROVED AS TO FORM:

City Attorney
ATTEST:

City Clerk
Date:
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EXHIBIT B
GOVERNMENT CODE SECTIONS 53243- 53243. 4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243. 1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243. 2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243. 3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243. 4. For purposes of this article, " abuse of office or position" means either of the following:
a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
b) A crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67), Title 6 ( commencing with Section 85), or Title 7 commencing with Section 92) of Part 1 of the Penal Code. 702
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City Manager Employment Agreement
Final Audit Report 2022- 07-11
Created: 2022- 07-11
By: Araceli Alejandre ( aracelia@cupertino. org)
Status: Signed
Transaction ID: CBJCHBCAABAAant- y5SvJ- DfrSEcaU9v6EKHDeBixZoD City Manager Employment Agreement" History
Document created by Araceli Alejandre ([email protected]) 2022- 07- 11 - 6:37:41 PM GMT- IP address: 73.170. 27.253 Document emailed to [email protected] for signature 2022- 07- 11 - 6:43:12 PM GMT
Email viewed by tangwupamela@gmail. com
2022- 07- 11 - 7:19:41 PM GMT- IP address: 66.249. 84.250 Document e-signed by Pamela Wu ([email protected]) Signature Date: 2022- 07-11 - 7:43:19 PM GMT - Time Source: server- IP address: 24.143. 245. 142 Agreement completed.
2022- 07- 11 - 7:43:19 PM GMT
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RESOLUTION NO. 22-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
WHEREAS, the City Council desires to amend the Appointed Employees’ Compensation Program.

NOW, THEREFORE, BE IT RESOLVED that the Appointed Compensation Program be amended which is incorporated in this resolution by this reference and attached as Exhibit E.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of July 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_________________________ ___________________________________ Kirsten Squarcia, City Clerk Darcy Paul, Mayor,
City of Cupertino
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1 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1

PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated as appointed management employees by the City Council in the City Manager's Office and the City Attorney’s Office shall be eligible for participation in the Appointed Employees' Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time.

Eligibility for inclusion in this Compensation program is limited to persons appointed by the City Council and holding positions as management employees in the City Manager’s Office and the City Attorney’s Office, as defined under section 2.52.290 of the Cupertino Municipal Code. Eligible persons are designated by the Appointing Authority and may be modified as circumstances warrant.

Although subject to change in accordance with the Personnel Code, the positions in the following classifications have been designated as appointed employees.

MANAGEMENT CLASSIFICATIONS:

Classification Title
City Manager
City Attorney
In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022 705
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2 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE

AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitable pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon the City's ability to pay consistent with its fiscal policies. The City Manager and City Attorney salaries will be set by contract.

Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019, July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022 706
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3 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3

TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approved strategy for attracting and retaining businesses in the City. One means of implementing this encouragement is through a formal reimbursement and advance schedule for authorized attendance at such conferences, meetings and training sessions.

II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual.

B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile distance from Cupertino when traveling to Alameda County.

C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition.

D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. 707
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4 III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.

B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the City.

C. Transportation
The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee's home and airport, destination or airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available.

Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance.

D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.

Where the lodging is in connection with a conference or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking.

If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. 708
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5 Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.

E. Meals

1. With No Conference
Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred.

2. As Part of a Conference
When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rules described in the meals with no conference paragraph.

F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards.

Other reasonable expenses related to business purposes shall be paid consistent with this policy.

No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure.

No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department.

G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not limited to:

1. The personal portion of any trip;
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6 2. Political or charitable contributions or events;

3. Family expenses, including those of a partner when accompanying the employee on Cityrelated business, as well as child or pet-related expenses;

4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc.

5. Gifts of any kind for any purpose;

6. Service club meals;

7. Alcoholic beverages;

8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and

9. Personal losses incurred while on City business.

IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.

V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.

B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process.

VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee's return on the expense report described in Section VII.
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7 VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by the Mayor or their designee, on forms determined by the Administrative Services Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020
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8 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4

AUTOMOBILE ALLOWANCES AND

MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that under this Compensation Program the City Manager shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements.

Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council.

Submission of reimbursement requests must be approved by the City Council.

The City Manager shall be paid a monthly automobile allowance of $500.

The City Attorney shall be paid a monthly automobile allowance of $350.

Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
Revised November 6, 2017
Revised August, 18, 2020
Revised June 15, 2021, November 16, 2021
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9 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy under this Compensation Program that the City Manager and City Attorney shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below.

Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited.

Subscriptions to or purchase of professional and technical publications may be provided at City expense providing the subject matter and material generally contained therein are related to municipal governmental operations.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
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10 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6

OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees.

However, no deduction from leave balances are made when such an employee is absent for less than a regular work day as long as the employee has his/her supervisor's approval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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11 City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7

HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance under which eligible persons under this Compensation Program and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship.

Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in the employee's gross pay.

Effective
January 1,
2020
City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1,443.09 126.78 1,569.87
Employee +2 1,876.01 126.78 2,002.79
January 1, 2021 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 891.32 126.78 1,018.10
Employee +1 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1,062.66
Employee +1 1,591.01 126.78 1,717.79
Employee +2 2,068.31 126.78 2,195.09
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12 Appointed employees in the City Manager and City Attorney positions will have immediate vesting of retiree medical benefits, subject to said employee retiring from City service and CalPERS.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November 16, 2021
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13 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8

FIXED HOLIDAYS
It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City.

The City provides the following fixed paid holidays for eligible employees covered by this agreement:

1. New Year's Day

2. Martin Luther King Day

3. Presidents' Day

4. Memorial Day

5. Independence day

6. Labor Day

7. Veteran's Day

8. Thanksgiving Day

9. Day Following Thanksgiving

10. Christmas Eve

11. Christmas Day

12. New Year's Eve
When a holiday falls on a Sunday, the following Monday shall be observed as the non-work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day.

FLOATING HOLIDAY
In addition to the paid holidays, employees occupying these positions shall be provided 20 floating hours per calendar year as non-work time with full pay and benefits. Employees may accumulate floating holiday hours up to two times their annual accrual.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013
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14 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9

LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for eligible persons under this Compensation Program that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee's annual salary to a maximum of $250,000.00 The City Manager and City Attorney will participate in California State Disability Insurance (SDI).

SDI weekly benefits are determined by the State of California and information is available on the State of California Employment Development Department website. Employee may use leave banks to supplement lost salary during the 7-day elimination period. City Manager and City Attorney shall pay the employee contribution rate of CA SDI, which will be deducted from their biweekly paychecks.

The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. City Manager and City Attorney may use sick leave and/or vacation leave to supplement lost salary during the 90 day elimination period.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
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15 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10

DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for eligible persons under this Compensation Program for services performed for the City. The City participates in the California Public Employees' Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent employees.

The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan.

Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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16 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:

For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a

2.7% @55 formula.

Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable salary of the employee’s contribution towards CalPERS.

B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only:

For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average compensation.-
Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of the employee’s contribution towards CalPERS.

C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as Classic members Only:

For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62 formula, three year average and employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019 720
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17 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12

DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which eligible persons under this Compensation Program and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees.

The premium cost for the insurance provided by the City shall not exceed $126.78* per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers.*Dental Coverage: Effective the first month after Council adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019
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18 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13

ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Program shall accrue eighty (80) hours of administrative leave with pay per year.

Employees may accumulate administrative leave hours up to two times their annual accrual.

Employees shall be eligible to convert administrative leave hours to pay one time each calendar year.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
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19 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14

EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of eligible persons under this Compensation Program and their eligible dependents.

The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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20 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15

HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligible persons under this Compensation Program pursuant to Resolution No. 15-092 as amended.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
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21 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
VISION INSURANCE — EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees.

The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012

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22 City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17

EDUCATION REIMBURSEMENT PROGRAM
It is the intent of the City to recognize the value of continuing education and professional development of its employees; and to adopt an Education Reimbursement Program which will encourage employees to avail themselves of City job related educational opportunities that will advance their knowledge and interests in the direction of their career path. Courses should either: a) maintain or improve job skills in the employee’s current position; b) be expressly required by the City or by law; or c) prepare the employee to become a competitive applicant for a different position with the City.

The Education Reimbursement Program is a benefit to all eligible, full time benefited employees and provides education reimbursement of up to two thousand dollars ($2,000) per calendar year for the cost of registration, required textbooks and/or materials and parking.

Employees who wish to seek reimbursement from the City for educational program costs shall provide a written request for reimbursement in advance of enrollment to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Human Resources and the employee’s department head will make the determination if the chosen education program is eligible for reimbursement.

No employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the coursework with a grade of “C” or above, or “Pass” in the case of a Pass/Fail course. Such proof of completion shall be provided within 30 days of the conclusion of the course.

Education reimbursement is a taxable benefit under IRS Code. Education reimbursement will be applied to the calendar year in which the course is passed and satisfactory proof of completion is submitted.

Mandatory or annual coursework, attendance at conferences and training required to maintain job specific certifications or proficiencies are not included in the Education Reimbursement Program.

Adopted by Action of the City Council July 16, 2019
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23 City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18

CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Eligible appointed employees shall have the privilege of enrollment in City sponsored recreation programs at the City residents’ fee structure and in preference to non-residents wishing to enroll. Each calendar year, employees and family members on the employee’s dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees shall be reimbursed for approved recreation services in accordance with the City’s Recreation Buck Policies. Programs allowing for preregistration will be reimbursed after completion of the program, including those allowing for or requiring preregistration in the calendar year prior to reimbursement. Reimbursements shall be applied to the year in which they are received.

Benefited employees will also receive a free employee-only annual Cupertino Sports Center membership. Part-time benefited employees will have the annual amount of Recreation Bucks prorated based on number of hours worked. Recreation Bucks are a taxable benefit under IRS Code, and must be used by the employee within the calendar year and are non-transferrable.

City employees are eligible to participate in the City’s wellness program as provided for in the City’s Administrative Rules and Regulations.

Adopted by Action of the City Council July 16, 2019
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24 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM

EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose positions are exempt under the provisions of the Cupertino Municipal Code, are set forth below. Only the City Council can modify these rates.

Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
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1 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1

Although subject to change in accordance with the Personnel Code, the positions in the following classifications have been designated as appointed employees.

MANAGEMENT CLASSIFICATIONS:

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022 729
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2 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3

II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual.

B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile distance from Cupertino when traveling to Alameda County.

D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. 731
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4 III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.

B. Registration
Registration fees for authorized attendance at a meeting or training session will be paid by the City.

If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. 732
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5 Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.

E. Meals

F. Other Expenses
Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards.

Other reasonable expenses related to business purposes shall be paid consistent with this policy.

No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department.

G. Non-Reimbursable Expenses
The City will not reimburse or advance payment toward expenses including, but not limited to:

1. The personal portion of any trip;
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6 2. Political or charitable contributions or events;

3. Family expenses, including those of a partner when accompanying the employee on Cityrelated business, as well as child or pet-related expenses;

4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc.

5. Gifts of any kind for any purpose;

6. Service club meals;

7. Alcoholic beverages;

8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and

9. Personal losses incurred while on City business.

IV ATTENDANCE
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.

V. FUNDING
A. Appropriation Policy
It shall be the policy of the City to appropriate funds subject to availability of resources.

B. Training Sessions
Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process.

VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City's behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee's return on the expense report described in Section VII.
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7 VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by the Mayor or their designee, on forms determined by the Administrative Services Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020
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8 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4

AUTOMOBILE ALLOWANCES AND

Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council.

Submission of reimbursement requests must be approved by the City Council.

The City Manager shall be paid a monthly automobile allowance of $500.

The City Attorney shall be paid a monthly automobile allowance of $350.

Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip.

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, June 15,
2021
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10 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6

OVERTIME WORKED
Management employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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11 City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 7

Effective
January 1,
2020
City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1,443.09 126.78 1,569.87
Employee +2 1,876.01 126.78 2,002.79
January 1, 2021 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 891.32 126.78 1,018.10
Employee +1 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1,062.66
Employee +1 1,591.01 126.78 1,717.79
Employee +2 2,068.31 126.78 2,195.09
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12 Appointed employees in the City Manager and City Attorney positions will have immediate vesting of retiree medical benefits, subject to said employee retiring from City service and CalPERS.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November 16, 2021
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13 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8

The City provides the following fixed paid holidays for eligible employees covered by this agreement:

1. New Year's Day

2. Martin Luther King Day

3. Presidents' Day

4. Memorial Day

5. Independence day

6. Labor Day

7. Veteran's Day

8. Thanksgiving Day

9. Day Following Thanksgiving

10. Christmas Eve

11. Christmas Day

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013
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APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016, July 2019, August 18, 2020,
June 15, 2021
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APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10

Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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16 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11

PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:

For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a

2.7% @55 formula.

Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of applicable salary of the employee’s contribution towards CalPERS.

B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only:

Effective October 1, 2016, the City shall not pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of the employee’s contribution towards CalPERS.

C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as Classic members Only:

Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019 744
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17 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12

Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019
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APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13

ADMINISTRATIVE LEAVE
Eligible persons under this Compensation Program shall accrue eighty (80) hours of administrative leave with pay per year.

Employees may accumulate administrative leave hours up to two times their annual accrual.

Employees shall be eligible to convert administrative leave hours to pay one time each calendar year.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016; July 2019, November 16, 2021
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APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14

The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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20 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15

HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to eligible persons under this Compensation Program pursuant to Resolution No. 15-092 as amended.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015; July 2019
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21 City of Cupertino

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APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17

Mandatory or annual coursework, attendance at conferences and training required to maintain job specific certifications or proficiencies are not included in the Education Reimbursement Program.

Adopted by Action of the City Council July 16, 2019
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23 City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18

City employees are eligible to participate in the City’s wellness program as provided for in the City’s Administrative Rules and Regulations.

Adopted by Action of the City Council July 16, 2019
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24 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM

CITY OF CUPERTINO
Agenda Item
22-11217 Agenda Date: 7/19/2022
Agenda #: 29.

Subject: Consider Proposed Second Amendment to Employment Agreement for the City Attorney Increasing annual salary to $280,000 effective July 20, 2022, Consider Proposed Amendments to the Appointed Employees’ Compensation Program and Related Budget Modifications

1. Consider adopting Resolution No. 22-092 approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement;

2. Consider adopting Resolution No. 22-093 amending the Appointed Employees’ Compensation Program; and

3. Consider adopting Resolution No. 22-094 to approve budget modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs.

Presenter: Dianne Thompson, Acting City Manager
CITY OF CUPERTINO Page 1 of 1 Printed on 7/14/2022
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CITY COUNCIL STAFF REPORT
Meeting: July 19, 2022
Subject
Consider Proposed Second Amendment to Employment Agreement for the City Attorney Increasing annual salary to $280,000 effective July 20, 2022, Consider Proposed Amendments to the Appointed Employees’ Compensation Program and Related Budget Modifications.

Recommended Action

1. Consider adopting Resolution No. 22-XXX approving the Second Amendment to Employment Agreement with the City Attorney for the City of Cupertino and authorize the Mayor to execute the Agreement;

2. Consider adopting Resolution No. 22- XXX amending the Appointed Employees’ Compensation Program; and

3. Consider adopting Resolution No. 22-XXX to approve budget modification 2223-225 increasing appropriations in the General Fund, City Attorney budget (100-15-141) by $24,192 for increased salary and benefit costs.

Discussion
On July 20, 2021, the City Council approved an Employment Agreement for City Attorney (“Agreement”). Article III, Section 3.01(B) of the Agreement provides that the City may consider a compensation increase during the periodic evaluations of the City Attorney. Pursuant to an evaluation that occurred on June 30, 2022, the City Council appointed a compensation sub-committee to review and recommend the amount of an increase to the City Attorney’s compensation. The City Council of the City of Cupertino desires to increase the annual salary for the City Attorney from $255,000 to $280,000 effective July 20, 2022. All other terms of the amended Agreement shall remain the same.

Staff also proposes to conform the Appointed Employees’ Compensation Program to reflect the annual salary amount contained in the Employment Agreement, with an effective date of July 20, 2022. In addition, the proposed amendments would conform the Appointed Employees’ Compensation Program to the proposed City Manager’s employment agreement that will be considered separately at the July 19, 754 CC 07-19-2022
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2022 regular meeting of the City Council.

Sustainability Impact
There is no sustainability impact.

Fiscal Impact
The Fiscal Year (FY) 2022-23 Final Adopted Budget included funding for full time salary and benefits costs of all approved positions in the city. Increased costs associated with the City Attorney contract amendment is prorated based on the start date and totals $24,192. These costs were unknown at the time of budget adoption and thus were not included. A budget amendment is required to account for the increased costs. It is recommended that General Fund appropriations be increase by $24,192. This increase will be funded by unassigned fund balance. Unassigned fund balance is estimated at $48.3 million for FY23.

Prepared by: Kristina Alfaro, Director of Administrative Services Reviewed by: Michael Woo, Assistant City Attorney
Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

A – Draft Resolution approving the Second Amendment to City Attorney Employment Agreement
B – Draft Second Amendment to the City Attorney Employment Agreement C – Draft Resolution amending Appointed Employees’ Compensation Program D – Amendments to Appointed Employees’ Compensation Program (Redline) E – Amendments to the Appointed Employees’ Compensation Program (Clean) F – Draft Resolution approving budget modification 2223-225 755
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RESOLUTION NO. 22 - ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

APPROVING THE SECOND AMENDMENT TO EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
CHRISTOPHER D. JENSEN, CITY ATTORNEY, AND AUTHORIZING

THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, the City Council desires to increase the pay to the City Attorney to an annual base salary of $280,000 effective July 20, 2022, with all other terms and conditions of the Agreement remaining unchanged and in full force and effect.

WHEREAS, the terms, conditions and provisions of the Second Amendment to Employment Agreement have been reviewed and approved by the Senior Assistant City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the aforementioned Second Amendment to Employment Agreement and authorizes the Mayor to execute said agreement on behalf of the City of Cupertino.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of July 2022, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 22- ______

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Cupertino City CouncilJuly 19, 2022

Cupertino City Council
July 19, 2022