Cupertino City Council
August 16, 2022

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August, 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
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RESOLUTION NO. 10 -230

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

DESIGNATING A CUPERTINO POET LAUREATE
WHEREAS, the study of literature forms a vital pan of our shared and diverse culture; and
WHEREAS, poetry expresses personal and public sto ies in an art form accessible to all; and
WHEREAS, poetry forms an important part of our citizen's education about culture and history; and
WHEREAS, studies have shown that children who read poetry show improvements in vocabulary, critical analytical skills, and reading comprehension; and WHEREAS, reading and writing poetry give children and adults an outlet for their feelings, experiences, and questions about their world; and WHEREAS, California was the first state to appoint a poet laureate and many communities in California have successfully appointed poets laureate; and NOW, THEREFORE BE IT RESOLVED, that the "Poet Laureate" is hereby established in the Cupertino
BE IT FURTHER RESOLVED that the Cupertino Poet Laureate Select Committee shall oversee the selection and administration of the Poet Laureate program.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 21 day of December 2010 by the following votes:

Vote Members of the City Council
AYES: Wong, Santoro, Chang, Mahoney, Wang
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
ref 45 ;"\
Mayor, City of Cupertino
a
City Clerk 4
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CUPERTINO POET LAUREATE
2016
Playbook
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Cupertino Poet Laureate Playbook
2 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Cupertino Poet Laureate Playbook
Prepared for the Cupertino Poet Laureate (CPL) Program
Version 5.0, June 30, 2016 FINAL
Contents
Background,
History………………………………………………………………………………………………… 2
Vision,
Mission…………………………………………………………………………………………………4
Organization-Roles &
Responsibilities……………………………………………………………………………………….4
Program Objectives &
Metrics…………………………………………………………………………………………………5
Supporting Organizations & PartnersSchools………………………………………………………………………………………………..5 Budget…………………………………………………………………………………………………7
Steering Committee, Expectations of the Poet Laureate…………………………………………8 Selection
Process…………………………………………………………………………………………………9
Events .....................................................................................................................................11 Marketing………………………………………………………………………………………………11
Database
Social Media
Public Relations
Commendations, Awards & Gifts ............................................................................................14 FAQs……………………………………………………………………………………………………15

Addendums………………………………………………………………………………………………17
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Cupertino Poet Laureate Playbook
3 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Background
In 2010, Ron Miller, Cupertino resident, poet, and poetry teacher was a member of the City Library Commission. As they considered programs for the year, Ron suggested Cupertino have a Poet Laureate. Other communities, such as Los Gatos, Saratoga, and San Jose, had recently instituted such a program, modeling in a less intense manner the county, state, and national Poets Laureate programs.

The Library Commission liked the idea and persuaded Ron to provide leadership to the initial effort. He formed a selection committee with members from The Friends of the Cupertino Library, the Cupertino Library Foundation, teachers, poets and others-8 in all, representing a cross-section of interests in the community and an ethnic balance reflective of Cupertino. (see addendum)
The Poet Laureate program was sanctioned by the Cupertino City Council through a Resolution read at the City Council meeting December 21, 2010. (see addendum) History
The Poet Laureate Selection Committee met for several months mapping out a plan, learning more about poetry, gaining insights, and detailing the selection process. “Norming” was an important component of the initial training of the Selection Committee. Different forms of poetry were read by the committee members under the instruction of a poetry teacher. Committee members rated and discussed various attributes. This process helped the group see poetry through a more collective lens. (see addendum)
A Master Plan was developed to keep this volunteer committee on track. Through regular meetings and an active marketing effort, the first Poet Laureate was sought in the spring of 2011, the term to be from October 2011-October 2013. There were four qualified applicants.

Dave Denny was recommended by the Selection Committee. He was then confirmed by recommendation to the Library Commission, endorsed by the City Staff liaison, and ratified by the City Council at its September 2011 Council Meeting.

The first term of the Cupertino Poet Laureate was successful as Dave was eager and willing to try new ideas and build on what had been successful in other neighboring programs. He was able to bond well with other Poets Laureate and engage several of them in various events and workshops. Keeping the program and events before Cupertino residents was a continual marketing challenge, as was coordinating schedules of the core volunteers from the Selection Committee who assumed various roles.

Readings at local coffee shops and houses seemed like a natural gathering spot. Dave had three. The crowds came and were too many to fit comfortably. The noise level of the coffeemaking apparatus made hearing the scheduled poets and those for open mic very difficult. For outside venues, it became apparent that a portable sound system was needed, which became the first major purchase from what was a very lean budget. 1055
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Cupertino Poet Laureate Playbook
4 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 From the beginning the Selection Committee believed it was important to include a representative from each of the sponsoring organizations, literature and poetry teachers, and past Poets Laureate as described in the sponsoring organization section. Minimal supplies were used the first couple of years. The City, The Friends and The Library Foundation each seeded the program with $500. The monies lasted.

The Selection Committee formed again toward the end of Dave’s second year of service. He became a vital part of the second committee. Unfortunately, Ron Miller was unable to continue in a leadership role. We recruited several more members and lost some, but the core of the initial committee remained to begin the process of selecting the second Poet Laureate for Cupertino. (see addendum for names of committee members) The selection process for the second term went much more smoothly, as we had committee members who had experienced the process before, and we had learned more effective means of getting out the word about the selection timing and process. Each Selection Committee had a Chair to organize and facilitate the plan. Dave had a wide network by this time as well, and a couple of them applied for the position. We had four valid applications and two who did not qualify.

Jennifer Swanton Brown was selected as the second Cupertino Poet Laureate. A competent writer and teacher, Jennifer also liked organizing her events and promoting them through the PL Blog and social media. Adrian Kolb, one of the initial committee members, continued through Jennifer’s term to walk alongside her and support Jennifer as requested. Reporting to the funders surfaced as an important need to fill through this term. Adrian and Bev Lenihan assisted Jennifer to make sure this happened and that a more developed schedule of events was promotable in a timely manner. Jennifer enjoyed the public events and wrote specific poems for various City events and holidays.

A learning lesson from Jennifer’s term was that more than one coordinator for the Poet Laureate might spread the workload and take advantage of the various strengths on the Selection Committee. So, three members organized the third selection process-Adrian Kolb (former Library Commissioner and The Friends of the Cupertino Library), Ann Stevenson (Library Commissioner), and Bev Lenihan (Cupertino Library Foundation Board Member).

The Selection Committee returned minus one member. A poet, also a teacher, was added to round out the committee. Monthly meetings were again held in the spring and summer of 2015 with both Poets Laureate attending when possible. More online promotion of the selection timeline and process occurred. And, the circle of potential Poets Laureate grew wider with Dave and Jennifer’s assistance.

Five qualified applicants surfaced for the interview process, held the summer of 2015. Amanda Williamsen was selected to be the Poet Laureate for the term beginning January 1, 2016- December 31, 2018. She had the benefit of being selected with one quarter overlap with Jennifer. Though she had no official duties during this time, she could attend PL events and join Jennifer in reading on a couple of occasions. It helped her get up to speed on process, scheduling, and learning the names of the various constituent groups.

A private reception was held at the beginning of each Poet Laureate term to welcome the incoming PL, thank the outgoing PL, and to appreciate the sponsoring groups. This official launch offers further validation of the honor since this is primarily a pro-bono community benefit 1056
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Cupertino Poet Laureate Playbook
5 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 position. For the 2016-2018 term, the budget includes a $250 stipend sponsored by the Cupertino Library Foundation and payable at the beginning of each year for the Poet Laureate, Adrian Kolb, Bev Lenihan, and Ann Stevenson have accepted responsibility for managing the Poet Laureate program during the 2016-2017 term. Each brings unique strengths to the program as reflected in the collaboration in writing this Playbook.

The Selection Committee will again gather in spring of 2017 to begin the process for 2018-2019 Cupertino Poet Laureate. The goal is to bring on new leadership to the Selection Committee, using this Playbook as a guide for the process.

Vision Statement
It is the vision of the Cupertino Poet Laureate program to stimulate cultural and literary awareness in Cupertino; introduce youth and adults to the personal and community benefits of poetry both as personal reflection and as reflective of our history and culture; reveal, recognize, and engage literary talent residing in the community; and promote our Library as a cultural center in Cupertino.

Mission
To provide the residents of Cupertino programs, workshops, and events which introduce and reinforce poetry as an enriching cultural art form open and accessible to all.

Organization-Roles & Responsibilities
City of Cupertino – Sanctioning Organization, Sponsor and Funder The Friends of the Cupertino Library – Funder
Cupertino Library Foundation – Funder
Cupertino City Council – Ratifying Organization
Cupertino Library Commission – Recommending Organization Poet Laureate Selection Committee – Selection Process; recommend PL Candidate to Library Commission
Poet Laureate Coordinating Committee – Sub-set of Selection Committee; oversees current PL activities and schedule; facilitates details of program, as required Cupertino Library – Partner in program development; event venue; assists in scheduling venues Program Objectives & Metrics
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Cupertino Poet Laureate Playbook
6 ©2016 All rights reserved. The information contained herein is current as of 06/30/16

1. To raise awareness of poetry as a viable cultural art form for Cupertino residents in the 21st century, as measured by media presence, event variety, and increasing participation.

2. To build interest in the various poetry forms, as measured by event and workshop participation.

3. To build a desire for residents to be involved in further art and cultural activities, including poetry, as measured by attendance at offerings through the Library, schools, theatres, museums, centers, and presentation venues.

4. To increase active participation in all art forms, especially poetry, by all ages and ethnic communities who form the rich fabric of Cupertino as measured by offerings and involvement.

Supporting Organizations & Sponsors
The Poet Laureate program, as a grassroots effort, has benefited greatly through the valuable relationships of the Selection Committee and Poets Laureate. These relationships need to be acknowledged, kept informed and thanked throughout the term of each Cupertino Poet Laureate.

The following supporting organizations have enriched the program’s effectiveness:

The City of Cupertino* – Carol Atwood
The Cupertino Library Commission – Adrian Kolb & Ann Stevenson The Cupertino Library Foundation* – Eno Schmidt & Annie Ho The Friends of the Cupertino Library*- Kathy Stakey, President, Adrian Kolb The Cupertino Library – Gayathri Kanth, Cupertino Librarian and support Librarians Cupertino Union School District – Andi Jackson, [email protected] Fremont Union High School District – Debbie Vanni, Homestead High English Teacher YMCA Poetry Class – Ron Miller
Sr. Center, Adult Ed. Memoir Class – Bev Lenihan
CEEF – Lisa Hirai Tsuchitani, Executive Director
Euphrat Museum at De Anza College – Diane Argabrite, Manager Cupertino Rotary – see website for current president: www.cupertinorotary.org or Bev Lenihan De Anza College – Dave Denny
*Sponsor
The CPL program is officially supported by the following organizations: The City of Cupertino (http://www.cupertino.org/)
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Cupertino Poet Laureate Playbook
7 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 The city’s poet laureate page can be found under the Living Tab > Arts & Culture (http://www.cupertino.org/index.aspx?page=1050). Content on this page is updated by the city.
• The Cupertino Library Commission (http://www.cupertino.org/index.aspx?page=56) is part of the city government. The CPL is a program administered by this commission.

This link (http://cupertinolibrary.org/commission/index.html) is administered by the Commission, not the city, and includes photos and other nice information. • The Cupertino Library Foundation (http://cupertinolibraryfoundation.org/) is a not-forprofit organization that functions to raise money for and support the library in Cupertino.

This is a large and active group.
• The Friends of the Cupertino Library (http://cupertinolibrary.org/friends/) is a more informal group that helps raise money for the library with annual book sales. They have a closet in the library where PL equipment can be stored.

The Cupertino Library is the CPL’s second home. The library is a branch of the Santa Clara County Library system (http://www.sccl.org/cupertino/), but has its own website here (http://www.cupertinolibrary.org/). This is the link from the city’s website (http://www.cupertino.org/index.aspx?page=943)
The program is also informally supported and encouraged by the following, in large part because of membership in these groups by official sponsors. • The Cupertino Chamber of Commerce (http://cupertino-chamber.org/) • The Rotary Club (http://portal.clubrunner.ca/3794)
Schools
Fremont Union High School District (http://www.fuhsd.org/) includes three high schools in Cupertino (Monta Vista, Homestead, and Cupertino)
• Contact is Debbie Vanni [email protected]
Cupertino Unified School District (http://www.edline.net/pages/Cupertino_Union_SD) • Contact is Andi Jackson [email protected]
It is the responsibility of the Cupertino Poet Laureate to communicate on a regular basis with the Cupertino City Council, The Library Commission and the Friends of the Cupertino Library. 1059
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Cupertino Poet Laureate Playbook
8 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Frequency and type of updates on the poet laureate programs are arranged with each organization by mutual agreement.

Updates can be written reports, possibly quarterly. (see example as addendum) In addition, the Poet Laureate is encouraged to occasionally visit the monthly meetings held by the Library Commission, the Foundation and The Friends during his/her term. Normally, the CPL will be introduced at the beginning of the meeting, and will have a few minutes to describe his/her ideas, promote events, and answer questions, after which he or she can leave. The City Council appreciates an appearance and short oral update at one of their bi-monthly meetings, possibly twice a year.

Communication with supporting organizations and partners is key to the success of the Poet Laureate program. It is a mutually supportive relationship; their members support the program fiscally and logistically, and appreciate getting to know the CPL. They in turn spread the word about the Cupertino Poet Laureate program, and often attend events.

Budget
The budget approach has gotten more formalized over time and will continue to do so. Initially, it was hoped the program could be pretty much self-sustaining with the initial seed monies:
• City of Cupertino-$1000
• Cupertino Library Foundation-$500
• The Friends of the Cupertino Library-$500
The Parks & Recreation Department of the City houses the monies from the City and the original monies from the Cupertino Library Foundation. The Friends pay directly for materials and such through an approved process; an electronic or hard copy receipt is sent to the president of the Friends by a member of the Steering Committee. The president will arrange to have a check sent directly to the person receiving reimbursement. It is recommended that the funds from the Friends of The Cupertino Library be used first, as those do not roll over from year to year.

A quarterly review of the status of the funds with our partners and the current Poet Laureate is recommended.

A contributing factor for the need for a budget plan was the increasing awareness from the Poets Laureate that if they were not getting compensated for this honorary position, a stipend should be considered. The 2016-17 Poet Laureate, Amanda Williamsen, received a $250 stipend in the form of a check from the Cupertino Library Foundation (CLF) at their January 2016 Board meeting during which she gave a poetry reading. The same will occur in January 2017. These are additional monies budgeted by CLF.

In the 2016-2017 term, it was advised that invited past and current Poets Laureate readers to CPL events should also receive a modest stipend for their appearance and participation, subject to budget considerations.

A formalized spreadsheet was developed in February 2016, capturing income and expenses to date. It is managed by one of the three program coordinators and is available on Google Docs. (see addendum)
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Cupertino Poet Laureate Playbook
9 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Steering Committee
It has become advisable to have a small steering committee coordinate the implementation of the Cupertino Poet Laureate plan and activities. The Poet Laureate Selection and Steering Committee will guide the CPL through his/her term. From selection through event planning, the media and all other details, these people are the Poet Laureate’s “consultants.” Ideally, a library commissioner liaison will be part of this committee, as the program is administered by the City through the Library Commission. Efforts will be made to have a representative of the Foundation and The Friends on the committee as well.

The responsibilities of the Steering Committee will change from time to time, depending largely on the skills and interests of each Poet Laureate. Generally, the Steering Committee will:
• Communicate the recommendation of the incoming Poet Laureate to the Library Commission, who in turn makes recommendations to the City and the City Council • Facilitate the approval process with the incoming Poet Laureate, including background checks and fingerprinting
• Arrange for the presence of the Selection Committee and sponsoring partners to attend the City Council meeting where the Poet Laureate recommendation is ratified, and the new CPL is formally introduced to the Council and those attending that evening • Facilitate the planning process with the incoming CPL. • Organize the VIP Reception at the beginning of the CPL’s term • Facilitate the commitment of locations for various CPL events, workshops, readings, etc. • Facilitate the promotion of the CPL activities
• Make introductions on behalf of the CPL
• Call the Selection Committee together in a timely manner to qualify and recommend the next CPL
• Ensure fiscal responsibility and accountability to the CPL partners and sponsors Expectations of the Poet Laureate
Each succeeding Cupertino Poet Laureate brings a unique set of skills, attributes and interests to the position along with unique approaches to poetry. In general, it is preferred that the CPL come to the position with a willingness to do and experience in:
• Planning
• Budgeting, fiscal management
• Scheduling
• Writing
• Marketing
• Teaching, facilitating
• Speaking
• Social Media
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Cupertino Poet Laureate Playbook
10 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • Recognition, appreciation
Selection Process
The goal is to solicit as many prospective Cupertino Poet Laureate candidates as possible from the breadth and depth of the City’s demographic and psychographic poetic community. As awareness of and interest in the program grows, more poets are emerging and showing interest in considering this honorary position.

The term of office for the honorary position of Cupertino Poet Laureate is two years-January 1 through December 31st. The selection timeline allows for a three-month overlap so the incoming CPL can confer with the current CPL. This approach helps the new CPL start the term with active projects instead of going through a time of planning and budgeting.

The position is also a gateway to other Poets Laureate, other poetry venues and access to a national consortium of fellow poets. This aspect of the position is becoming increasingly appealing to the CPL.

Several distinct steps constitute the Cupertino Poet Laureate Selection Process. (See addendum for examples of forms used.)
The Selection Committee (SC)-prior committee members are invited back, including past Poets Laureate. An ideal number seems to be 7 with a cross-section of poets, teachers, marketing, community leaders, and past Poets Laureate. It is ideal to have about one third of the SC be new members each term.

The Timeline-is set by a master plan, done in a Word Table. The first SC meeting is usually calendared about 18 months from the beginning of a new CPL term. (see addendum) The Promotion-the marketing elements from application through press releases are reviewed each term for their relevance and freshness, while maintaining the CPL “brand.” Increasingly, getting the word out through eblasts, the CPL blog, Facebook and other social media are expanding the reach into the community. Posting flyers at the Library is a must, and some handout flyers are helpful. By far, the Cupertino Courier has been our best media outlet. (see examples in the addendum)
The Application Process-is marked by a form to be completed by the applicant, which details requirements and desirable attributes. It also requests sample writings. In past terms the applications were required to be turned in to the City Hall by 5pm on the due date. Increasingly, the SC will probably prefer to collect these applications through an email address that is linked to Google Docs, and available for viewing and comment by the SC. (see examples in the addendum)
The Candidate Review Process-historically, one or two members of the SC have done a quick review of the applications to determine if each candidate is viable-21 or over; living or working in Cupertino for at least two years; or with demonstrable ties to Cupertino, etc. Phone calls to 1062
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Cupertino Poet Laureate Playbook
11 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 clarify information sometimes occur. When the final group of candidates is established, the review criteria forms are used by the SC in a meeting to narrow the candidate pool. The scores from the criteria form are tabulated; specific aspects of an application may be discussed, and the SC decides on the final group to be interviewed. One member of the SC secures the room(s) for the interviews based on desired dates available of the majority of SC members; one SC member calls and books the candidate interviews. Final schedules are sent via email to the SC. A note of confirmation is sent by one SC member to each candidate who will be interviewed, and another SC member notifies and thanks those who will not be interviewed. (see addendum)
The Final Candidate Interviews-each in the final candidate pool is briefed on the questions they will be asked at the interview by an email sent from the SC and told they may read 1-2 poems during the 30 minute interview. As many SC members as possible attend these sessions, with each one being designated a question to ask the candidate. The ability to sense how the candidate handles a group dynamic, body language, composure, ease of being in a new setting—all of these factors (and others) assist in the determination of whether a candidate is not only a good poet, but will probably be a good spokesperson for the CPL program and teacher for various forms of poetry.

The Selections Committee Deliberations-as soon as possible after the completion of the interviews, the SC gathers to discuss the final candidates. A form is used for the SC to complete on each candidate for purposes of discussion (and record) at this meeting. Usually, there is a clear preference by the group. If not, the priorities of the program are again considered in the context of each final candidate. In the end, the SC all agree to support the final recommendation. At this point, one person from the SC is designated to call the preferred candidate and confirm their willingness to serve. A background check and fingerprinting is required and can be scheduled through the City to be done in an expeditious manner. Once the background check and fingerprinting is passed, letters are sent to the candidates who were not chosen.

The Recommendation of the Final Candidate to the Library Commission-As that step is being taken, a letter is written by the SC Library Commission liaison to the Library Commission naming the recommended candidate. This confidential letter is sent with the candidate’s application and accompanying materials to the Library Commission for consideration at their August meeting.

The Recommendation by the Library Commission to the City-assuming all goes smoothly with the background check, and the Library Commission has no concerns, the head of Parks & Recreation forwards a note of endorsement and recommendation to the City Council, requesting a Proclamation be prepared, and time reserved, at their September Council meeting. The recommended candidate is present at the Council meeting as well as members of the SC, past and current CPLs, and Parks & Recreation representatives.

The Ratification by the City Council-mostly a formality at this point. A member of the Library Commission introduces the PL to the City Council; the PL is prepared to respond to questions from the council members and a vote is taken to approve the selection of the new PL. The Mayor introduces the Proclamation naming the new Poet Laureate, and then introduces the person formally to those gathered (also being taped). The SC presents the incoming PL with flowers, and there is a photo opportunity. The incoming PL usually reads a poem for the Council and those gathered.
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Cupertino Poet Laureate Playbook
12 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 The VIP Reception, Introducing the new Cupertino Poet Laureate-in January, there is a VIP Reception held late afternoon or evening where other key constituents get to formally meet the new PL. They get to tell more about themselves, their plans for the program, and read some of their poetry. Past CPLs get recognized, and reflect on their time as CPL. Refreshments are minimal, but celebratory. Usually about 40-75 attend.

Events
Types of events hosted by the Cupertino Poet Laureate (CPL) include:
• Poetry Readings (with or without guest readers and open mic) • Workshops & Classes (either taught by the CPL or hosted with a guest teacher) • Public Presentations (like reading at the Diwali Festival or the Lunar New Year Luncheon)
• Festival Booths (Library anniversary, Diwali Festival, Cherry Blossom Festival, Fall Festival, Book fair)
(see addendum)
Marketing
To optimize the awareness of the CPL program, its events and workshops, an integrated approach to marketing yields the optimum results. Elements of a sound marketing program are:
• Clear vision and mission
• Consistent identity and branding elements
• Consistent messaging
• Up-to-date and usable database
• Appropriate collateral
• Sound media and public relations
• Efficient distribution network
• Easy sign up and follow up
• Appropriate and consistent social media presence
While we have made great strides on all these fronts, we find the skill sets and preferences of each of the Poets Laureate seem to favor some approaches over others. Having the organizing team and the current CPL in sync helps for a consistency to the outside world.

Below are some of the marketing tools, and links to access pertinent information. More examples are offered as Addendums.

Database
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Cupertino Poet Laureate Playbook
13 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 A database of stakeholders and constituent groups is held in a master excel spreadsheet, kept by the CPL program Steering Committee members. This tool contains the contact information for:
• Poets Laureate
• City Employees
• Sponsors
• Partners
• Influentials
• Media
• Event Attendees
• And miscellaneous target groups
This database (see addendum) is invaluable if it is kept current. The CPL program has had the fortunate benefit of a volunteer, Diane Bodwin who has maintained the database since the beginning.

It is expected that the CPL bring a body of personal and professional contacts to be added to the database.

These names and contact information are used appropriately to conduct the business of the CPL program and for marketing purposes, such as e-vites. It is proprietary and not to be used for any other purpose.

Social Media
Email [email protected] is controlled by the City; forwards to whomever is currently in the position.

Facebook
• Cupertino Poet Laureate (page name)
• Administrators are appointed per the PL Selection Committee. Postings to this CPL page require a Facebook account
• Many local poets use Facebook to communicate and publicize events • Password is kept by the Steering Committee and/or Social Media Administrator Blog “Cupertino Poet Laureate”
• Hosted by WordPress http://cupertinopoetlaureate.org/ • Premium WordPress account; $99 per year, appears without ads, allows video posting, has some direct mail features
• Administrator is current Poet Laureate
• Password for the site is kept by the Steering Committee and/or Social Media Administrator
Twitter
• https://twitter.com/CupertinoPoetry
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14 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • @CupertinoPoetry
• Use this email to sign in: [email protected]
• PW: Adrian2015
• Tweets show up on the blog front page
Google account
Originally set up so that the Google Calendar could be created and for the purpose of managing deadlines. This email is also used for the Twitter account. • Gmail address: [email protected]
• PW: Adrian2015
Recovery phone# 408-835-3660 (Jennifer’s) and recovery email ([email protected]) will be updated.

Public Relations
Publicity types
• Flyers (both hardcopy and electronic distribution) (see addendum for distribution list.) • Newspaper articles
• Evite mailing
• Facebook posts
• Facebook events
• Blog posts
• Other types of email merges (Eventbrite)
• Poets Laureate (past/present) of other cities and network outreach • Other poetry networks (Waverly Writers, etc.)
• Library publicity
• Business cards
• Postcards
• Neighborhood message boards
Library events can be advertised in the library with flyers, on the electronic bulletin board, and reservations for events can be created through an online system.

Media
• Cupertino Courier (Bay Area News Group)
• Cupertino Scene (articles due the first Wednesday of the month before publication) • Cupertino Patch
• Chinese News
• Next Door
• KLIV/KRTY
(see addendum)
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Cupertino Poet Laureate Playbook
15 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Commendations, Awards & Gifts
Recognition, accolades and stewardship are the hallmarks of a successful non-profit/volunteer community based program. The Cupertino Poet Laureate program has built in these elements from the beginning. Their manner of delivery may vary over time but attention to these details will continue to build value and a respect that will help maintain excellence in the program over time.

The Proclamation for the City of Cupertino, read when each new Poet Laureate is ratified by the City Council, signals their stamp of approval for the program and the selected Poet Laureate for the next term. This request should be made by one of the designated CPL program coordinators to the Parks & Recreation liaison at least six weeks before the City Council meeting where it is read and presented or as soon as the designated candidate has passed the fingerprinting and background check, whichever comes first.

Awards & Letters of Appreciation are presented to date in the following fashion:
• Certificates of Appreciation to out-going Poet Laureate-presented at VIP Reception for incoming CPL
• Annual letters to sponsoring organizations
• Thank you letters to all applicants to the CPL program Gifts fall into these categories:
• Flowers for the outgoing and incoming CPL presented at the VIP Reception, early in the calendar year.
• A gift from the City to the outgoing CPL presented at the VIP Reception; it has been bookends, arranged for at least six weeks in advance by one of the CPL program coordinators
• A gift from the CPL program to the outgoing CPL; something personal or meaningful to the CPL; presented at the VIP Reception; arranged for by one of the CPL program coordinators.
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16 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 FAQs
With a limited time & budget, how do you cover all the bases? A: The incoming CPL and the Steering Committee plan together to optimize the interests of the CPL and the needs/interests of the community, working from a budget.

Does the Poet Laureate get paid?
A: The CPL receives a stipend. Currently, $250 a year is being paid each January by the Cupertino Library Foundation.

How long does the Poet Laureate serve?
A: The CPL serves a consecutive two-year term.

Does the Poet Laureate have to be a Cupertino resident? A: A Cupertino resident is preferred to serve as CPL. However, if an otherwise qualified candidate works in Cupertino or has strong, demonstrable ties to Cupertino, the applicant is considered.

Who serves on the steering committee/selection committee and how long do they serve?
A: To date, the Steering Committee has been comprised of volunteers. They serve the same two-year term as the CPL.

What are the roles & responsibilities of the PL steering committee & how are they selected?
A: The CPL steering committee oversees the planning and implementation of the CPL plan. They assist in the coordination of locations, space, financial oversight, and marketing to supplement the CPL skills.

What’s the selection process of the CPL?
A: The recommended CPL candidate proposal is forwarded to the Cupertino Library Commission. A background check and fingerprinting is conducted. If all is favorable, the candidate’s name is forwarded to the City staff for approval. This name is then forwarded to the City Council for ratification at a September Council Meeting every two years.

Is there a PL budget and what are the funding sources?
A: There is a minimal budget, approximately $1500/year. These monies are generously granted by the City Parks & Rec. budget; The Friends of the Cupertino Library; and the Cupertino Library Foundation.

What kind of events does the Poet Laureate present & how often? 1068
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17 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 A: The number and kinds of events are determined by the priorities of the CPL program, and the interests and expertise of the current CPL. The frequency of events depends on the availability and circumstances of the current CPL. There are activities scheduled at least quarterly for the community to take part in and more often if possible. Public readings and events occur, many guided by the Cupertino City calendar and holidays.

Who decides what kind of programs are presented?
A: The CPL and the Steering Committee together agree about the kind of programs presented to fulfill the vision and mission of the Cupertino Poet Laureate program. 1069
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18 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addenda

1. Resolution from City for creation of Poet Laureate Program Process to get City Council approval of new Poet Laureate

2. List of selection committee and steering committee members

3. Samples of meeting agendas, meeting notes, selection process and timeline

4. Master marketing plan

5. Application flyer and pamphlet

6. Promotion distribution list

7. Media

8. Interview guidelines, agenda for candidate interviews, candidate evaluation form

9. Rubric for selection committee to evaluate poetry

10. Sample letters to candidates for interviews and decisions made

11. Copy of budget page, part of Excel spreadsheet

12. Copy of one page of Poet Laureate database, part of Excel spreadsheet

13. Public Relations

14. VIP program for first Poet Laureate, correspondence on invitations to council members.

15. Planning a Poets Laureate event: a checklist

16. Marketing materials used by Poets Laureate to promote events

17. Sample update reports from Poets Laureate

18. List of annual Cupertino Poet Laureate events and festivals

19. Poet Laureate venues, room scheduling and EEC policies

20. Roles and responsibilities of steering committee and Poet Laureate

21. Poetry community contacts and organizations

22. Ideas for poetry activities
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19 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum # 1 Resolution from City for creation of Poet Laureate Program & Process to get City Council approval of new Poet Laureate
(see hard copy)
#2 List of selection committee and steering committee members Poet Laureate Committees 2011-2016
2011-2012
Selection Committee for Dave Denny
Ron Miller, CHAIR, Library Commission, YMCA Poetry Circle Jessi Kaur, Fine Arts Commission
Adrian Kolb, Library Commission, The Friends of the Cupertino Library Bev Lenihan, Cupertino Library Foundation, Rotary
Kathy Stakey, Library Commission, The Friends of the Cupertino Library Debbie Vanni, Fremont Union High School District- Homestead High School Sue Yoes, De Anza College
Steering Committee through 2013
Adrian Kolb
Bev Lenihan
Ron Miller
Kathy Stakey
Debbie Vanni
2013-2014
Selection Committee for Jennifer Brown
Adrian Kolb, CHAIR, Library Commission, The Friends of the Cupertino Library 1071
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20 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Roz Davis, Fremont Union High School District- Lynbrook High School David Denny, Cupertino Poet Laureate, De Anza College
Bev Lenihan, Cupertino Library Foundation, Rotary
Thomas Ray, De Anza College
Kathy Stakey, The Friends of the Cupertino Library
Ann Stevenson, Cupertino Library Commission, Cupertino Chamber of Commerce Debbie Vanni, Fremont Union High School District- Homestead High School Steering Committee through 2015
Adrian Kolb
Bev Lenihan
2015-2016
Selection Committee for Amanda Williamsen
Adrian Kolb, Bev Lenihan, Ann Stevenson, CO-CHAIRS,
Jennifer Brown, Cupertino Poet Laureate
Dave Denny, Cupertino Poet Laureate emeritus, De Anza College Pushpa McFarland, Poetry Center San Jose
Debbie Vanni, Fremont Union High School District, Homestead High School Steering Committee through 2017 (for Amanda Williamsen and Ann Muto) Adrian Kolb
Bev Lenihan
Ann Stevenson
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21 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum # 3 Samples of meeting agendas, meeting notes, selection process and timeline
AGENDA
Thursday, January 31, 2013 5:30 pm Cupertino Library Conference Room

1. Introduction of members of the Poet Laureate Selection Committee (PLSC)

2. Read poetry aloud. Please feel free to bring a favorite.

3. Review Vision Statement for Cupertino Poet Laureate.

Stimulate cultural & literary awareness in Cupertino, introduce youth and adults to the personal & community benefits of poetry both as personal expression and as reflective of our history and culture; reveal, recognize, and engage literary talent residing in the community, and promote our Library as a cultural center in Cupertino.

4. Where we are now: update on current Poet Laureate activities.

He is preparing a 50 minute public lecture on the poet laureate (I think.)

5. Timeline: review best dates for launching and promotion, application deadline, approximate interview and selection time frame, recommendation to Library Commission and City Council and City Council approval of new Laureate.

Last Friday in July application deadline
Begin promotion on April 1. Begin posting everything.
• Launch & Promotion
Website—work with Nidhi Mathur to get it set up
Online Application & Hard Copies
Adrian to be the online contact for questions.

Online bios for committee members to legitimatize the PL committee— email them to Adrian by 2/14. Someone will email us “soft” copies. 1 paragraph.

Press release—Bev
See about announcing it at the Chamber mixers. Announce at the Chamber Connect Group.

Electronic Board in the Library—
Marketing Person at DeAnza—Bev will follow up.

Postcards, pamphlets & tear-offs. Adrian will ask Ron about who did the postcards.

Box to put the applications in, in City Hall. Put it at the reception desk possibly.

Printing at Staples. Bev has a business acct. there that will give us 10% off.

Can make copies for free at City Hall
Bev has the copy of the application.

Adrian will prepare a distribution list.
• Application deadline
• Interviews/selection/notices
• Recommendation to Library Commission
• Recommendation to City Council—written & approved
• Fingerprinting
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22 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • September 24—Have City Council “crown” the new Poet Laureate—make a wreath and have Dave present it to the new Poet Laureate. • New Poet Laureate begins term on October 1.

6. Marketing and Promotion: begin discussion of plan to accomplish this, including web site, Facebook, Database, printing of posters, flyers and application, submission box, electronic board in Library, press releases to media, etc.

La Voz—DeAnza College newspaper, Facebook, flyers in mailboxes at DeAnza (student assistant can do that.), website, Thomas can email info. To division faculty (200 of them), Courier, database-notify—Diane—friend of

7. Budget: how much money is available for promotion activities, and keeping track of what is spent.

Treasurer--$2000 from the City. $ from City, Foundation & Friends. Ann to ask Carol Atwood. Balance, FY, how much from each source & how is it administered, who is contact person—Ann & Roz to work together.

8. Review of Action Items.

9. Plan and book room for next meeting.

You Tube—a gathering of poets
March 22—reception at the Triton Museum—look at Dave’s Facebook.

Cupertino Poet Laureate Committee Meetings
Cupertino Poet Laureate Program

REVISED MEETING NOTES FROM
March 5, 2015 5-7pm
Cupertino Library Conference Room

10. Introductions and catching up-All
ATTENDING: Adrian Kolb, Dave Denny, Jennifer Swanton Brown, Debbi Vanni, Bev Lenihan

2. Read poetry aloud-Jennifer-thank you!

3. Commitment to continuing the PL program-Bev
• City will keep track of budget monies, and include in budget, if needed • Cupertino Librarian, Gayathri, will schedule and host meetings and events at Library
• Friends will continue to give annual financial support, if needed; hopefully, Kathy will be on the Selection Committee
• Library Foundation will continue to give annual financial support, if appropriate • Ann will be the liaison for the Cupertino Library Commission • Bev will coordinate meetings and activities
• Adrian will be on the Selection Committee and advisor • Dave and Jennifer on Selection Committee and then move to Advisory Committee
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4. Budget-Bev
• Still awaiting current status from Nidhi—but it seems there are still funds in the account ACTION: Bev to follow-up again with Nidhi and Carol Atwood-Update:

Carol Atwood has put $2000 in the budget for PL program. • Objective is to minimize expenses and access community resources as much as possible

5. Committee Expansion-All
• We will invite Pushpa MacFarlane to join the committee-recommendation from Dave; UPDATE: she has already accepted; will be at our next meeting • ACTION: Adrian and Bev researching status of Crystal Tai, as possible committee member Update: Crystal will apply for PL if we open to candidates beyond Cupertino who have a relationship with Cupertino. • ACTION: Debbi to talk with the Head of the English Dept. at Homestead High for recommended teachers. ACTION: Bev to ask Anjali Kausar - Clerk of the Board, CUSD and Chamber ED.
• ACTION: Next meeting decide if we want a teen member of the Advisory Committee.
• Amanda Williamson a possible PL candidate.

6. Timeline for approval-All
• The committee discussed the appropriate timing, and overlap for a new Poet Laureate. It was decided that a more reasonable timeline would have the new Poet Laureate’s formal term would begin January 1, 2016-December 31, 2018.
• There would be an overlap of the current PL, Jennifer Swanton Brown. She will cover the Diwali event, and the named candidate would shadow Jennifer, and build a plan to be rolled out in January.
• There was also discussion about widening the application to read “candidates from Cupertino and surrounding communities who have a relationship with Cupertino.” ACTION: Bev to check with Carol and Nidhi to understand if this wider pool would be acceptable to the City.
• Gayathri has reserved the Story Room for PL Community activities quarterly, beginning October 8th. The schedule is:

Thursday, October 8, 2015, 6:00 – 9:00 p.m.

Thursday, January 14, 2016, 6:00 – 9:00 p.m.

Thursday, April 14, 2016, 6:00 – 9:00 p.m.

Thursday, July 14, 2016, 6:00 – 9:00 p.m.

ACTION: Mark your calendars to attend whatever is scheduled for 2016.

ACTION: Please review the Timeline and Meeting Schedule attached; calendar our meetings. Let Bev Know of any changes or additions.

7. Promoting Jennifer’s sessions-Jennifer
Thanks were expressed to Jennifer for the great job she is doing as PL; and Dave before her. April is Poetry Month-a great time to kick off the next search for the Cupertino Poet Laureate. Jennifer will announce the search and have flyers at her events.

April 9th-Teens; April 25th-Cherry Blossom Festival. ACTION: Bev to request Rotary canopy for use by PL at Cherry Blossom Festival.

8. Scheduling Committee Meetings-All
A Doodle Poll was conducted. Our upcoming monthly meetings from 5-7PM are:

April 7 (except Ann)
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24 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 May 7
June 4
July 9
August 6 (may have to change the August date as only 3 can attend) September 10

9. Ideas that Surfaced-All-each needs an owner—ACTION: Please let Bev know which of these ideas you will pursue. Thank you.
• An Advisory Committee to identify candidates-virtual meetings • Teachers select “student readers” who are featured at one of the ’16 events • High School Honor Society potential source for Teen Member of the Committee • National Recitations Association (NRA) sponsors Poets in the Schools. Do we want to explore collaboration with them?
• Intern “assistant” for logistics and arrangements-for summer • Reach out to the Apple Community Relations Director, Maureen Wilson ([email protected]) for an Apple rep. on the Committee or for how to promote the PL selection and program to Apple
• Reach out to Stephanie Pressman to see if/how she might want to be involved • Laura Oliver would be interested, but lives in Sunnyvale; Amanda Williamson might be interested in applying.

10. Read poetry aloud-Dave-thank you!
Thank you all for your commitment!
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25 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Cupertino Poet Laureate Program

PROPOSED TIMELINE
as of March 20, 2015

WHEN WHAT WHO NOTES
March Selection Committee
formed
All Desire one-two more
members; Pushpa committed;
mtg. with Crystal 3/19; Action
Items from Mtg. 1
April “Apply Now” promotion Gayathri &
Nidhi &
Bev
Scene, Press release, flyers
distributed; Action Items from
Mtg. 1; Mtg. April 7th 5-7
May Approach potential
applicants; continue
promotion to affinity
groups
All Distribution of all promo
materials throughout
Cupertino, Sunnyvale,
Campbell, Los Gatos,
Saratoga
June 1 Applications Close at
midnight
Nidhi To collect all and forward to
Selection Committee
June 30 Selection Committee
Interviews
All
July PL Decision All To Commission-letter
prepared for City Council
August To City Council for
approval
Ann Committee plan to attend
Council Meeting
September Plan for transition of
Jennifer and new PL
All Media Coverage & Invites out
October 8 Event to intro. New PL
and thank Jennifer
All At Library Story Room-by
Invitation Only
January 1 Two year term begins
for new PL
PL 2016-
18 Published calendar for media
and groups
Quarterly PL Events-Library Story
Room
Gayathri Scheduled for 2nd Thursday’s
from Oct. 8th, 6-9PM
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26 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #4 Master Marketing Plan
(see hard copies)
Addendum #5 Application Flyer and Pamphlet

Submit application, with three-to-five original poems (published or unpublished), a current resume, and two letters of recommendation for the position, to the Cupertino Poet Laureate Selection Committee, Cupertino City Hall by 5 pm, July 26, 2013.
____________________________________________________________ Last Name (please print) First Middle
________________________________________________________________ Residential Address City State/Zip
______________________
______________________________________
Employer (if applicable) Cupertino Address
______________________ _______________ ______________
Daytime Phone Evening Phone Email
City of Cupertino
Poet Laureate
Application
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27 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Please circle one for each of the following:

Y N I m at least 21 years old
Y N I am an active poet and have been published or been publicly recognized for my contributions to poetry
Y N I am the sole creator of the attached poems
Y N I am a resident or currently employed in Cupertino for at least 2 consecutive years
Y N I am comfortable speaking in public. If speech impaired, I may delegate reading tasks to qualified speaker
If you answered “no” to any of the above questions, you are not eligible to be appointed Cupertino Poet Laureate. (See other side for more information) I certify that I meet and agree with all eligibility requirements noted in this application and the information provided is true and correct. ________________________________
Print Your Name
________________________________ ______________2013
Applicant’s Signature Date
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28 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Apply to become Cupertino’s Poet Laureate
Celebrate Creativity
Your original poems will be featured in events, programs and publications.

Application forms are available at www.cupertino.org/poetlaureate, City Hall lobby, Library Reference Desk, Quinlan Community Center, Sports Center, Senior Center, De Anza College locations,
and other places throughout the City.

Application deadline is 5 pm, July 26, 2013
Final interviews August 5-16, 2013
Email [email protected] for more information.

Apply to become Cupertino’s Poet Laureate!
Celebrate Creativity.

Your original poems will be featured in events, programs and publications.

Application forms are available at:
• www.cupertino.org/poetlaureate
• City Hall lobby
• Cupertino Library Reference Desk
• Quinlan Community Center
• Sports Center
• Senior Center
• De Anza College
... And other places throughout the City
Application deadline is 5 pm on July 26, 2013

Final interviews are held August 5-16, 2013.

Email [email protected] for more information.
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29 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Deliver this application, with three-to-five original poems (published or unpublished), a current resume, and two letters of recommendation for the position, to:

Cupertino Poet Laureate Selection Committee
City Hall, 10300 Torre Avenue, Cupertino, CA 95014
by 5 pm on Friday, July 26, 2013.
____________________________________________________________________Last Name (please print) First Middle
____________________________________________________________________Residential Address City
____________________________________________________________________Employer (if applicable) Cupertino Address/Phone
___________________________________________________________________ Daytime Phone Evening Phone Email
Please circle one for each of the following:

Y N I am at least 21 years old.

Y N I am an active poet and have been published or been publicly recognized for my contributions to poetry.

Y N I am the sole creator of the attached poems.

Y N I am a resident or currently employed in Cupertino for at least 2 consecutive years.

Y N I am comfortable speaking in public. If speech impaired, I may delegate reading tasks to qualified speaker.

If you answered “no” to any of the above questions, you are not eligible to be appointed Cupertino Poet Laureate. Also see next page for more information.

I certify that I meet and agree with all eligibility requirements noted in this application and the information provided is true and correct. ________________________________
Print Your Name
________________________________ ______________________________ Applicant Signature Date
Additional Information
Applicant provides assurance that he/she will be available for a two year term, starting October 1081
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If speech impaired, Poet Laureate may delegate reading of his/her poetry to others, but the Poet Laureate must be the author.

Fluency in English is required for this position.

Ability to write and read poetry in other languages is of interest.

In collaboration with the Committee, the Poet Laureate will design annual Poetry Writing contests.

Poet Laureate should recommend to the Committee for its approval a personal project designed to promote appreciation of poetry to community members and students.

Poet Laureate will provide public poetry readings supported by City promotion resources (TV, radio, Courier, banners, web page, etc), some of which to be held in the Cupertino Public Library.

No remuneration is offered to the Poet Laureate though pre-approved expenses may be reimbursed. The City reserves the right to record, publish and display works produced by the Poet Laureate in his/her official capacity during his/her term of office. No other restriction except attribution when presented is imposed.

Applicant agrees that he/she will not pursue any legal remedy against the Committee, the City, its agents or employees.

Thank you for your interest.
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31 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Additional Information
Applicant provides assurance that he/she will be available for a two year term, starting in October 1, 2013, which may be renewed, or revoked at any time by a majority vote of the Committee.

If speech impaired, Poet Laureate may delegate reading of his/her poetry to others, but the Poet Laureate must be the author.

Fluency in English is required for this position.

Ability to write and read poetry in other languages is of interest.

In collaboration with the Committee, the Poet Laureate will design annual Poetry Writing contests.

Poet Laureate should recommend to the Committee for its approval a personal project designed to promote appreciation of poetry to community members and students.

Poet Laureate will provide public poetry readings supported by City promotion resources (TV, radio, Courier, banners, web page, etc), some of which to be held in the Cupertino Public Library.

No remuneration is offered to the Poet Laureate though pre-approved expenses may be reimbursed. The City reserves the right to record, publish and display works produced by the Poet Laureate in his/her official capacity during his/her term of office. No other restriction except attribution when presented is imposed.

Applicant agrees that he/she will not pursue any legal remedy against the Committee, the City, its agents or employees.

Thank you for your interest.
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32 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #6 Promotion distribution list
(see hard copies)
Addendum #7 Media
kmyllenbeck@communitynewspapers.com Kristi Myllenbeck Reporter, Cupertino Courier 408-200-1065 [email protected] Matt Wilson Editor, Cupertino Courier 408-200-1065 [email protected] Sal Pizzaro Editor, Mercury News 408-627-0940 [email protected] Diana Ding President, DingDing TV 408-396-2601 [email protected] Sam Rao India Times
[email protected]
Mei
Huey Huang Editor, Chinese News
[email protected] Richard Lee Reporter, Chinese News [email protected] Tina Ferguson Sales Mgr.-KLIV, KRTY [email protected] Nick Veronin Staff Writer, SV Metro News [email protected] Merc News Calendar
Cupertino Patch posting
Next Door Cupertino posting
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33 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #8 Interview guidelines, agenda for candidate
interviews, candidate evaluation form

INTERVIEW AGENDA AND GUIDE CUPERTINO POET LAUREATE CANDIDATES Name memory keys:

Ice breaker by lobby shepherd: for instance “how’d you hear about the project?” Shepherds: Kathy…………..Debbie………….Bev…………….Adrian…………..

Shepherd: Debbie
INTRODUCTIONS: Ron

QUESTIONS

1. (Adrian) Why do you want to be the Cupertino Poet Laureate?

2. (Debbie) How do you define poetry?

3. (Bev) What awakened you to the realization that you are a poet?

4. (Kathy) You list a number of volunteer activities. Can you give us some specifics on the community service you have done within the past 5-7 years?

5. (Ron) What is your vision for the Cupertino Poet Laureate?

6. (Ron) If selected, what are your initial thoughts on how you would put your vision into action? Be as specific as possible.

7. (Adrian) I see that you wrote poem after 9/11. Have you written other event poetry, perhaps something related to a city event; something not as full of emotion as 9/11? What are your thoughts on writing event poetry?

8. (Adrian) You say in your letter to us that you work best under deadline. Does that mean last minute spurs you on creatively, or that you like a structured schedule, etc. What does “under deadline” mean to you?
Other questions from the committee members.

Do you have questions for us?

9. (Ron) Please read aloud and comment on 1-2 of your poems: (handouts?)

CONCLUSION
When and how we will follow- up with candidate.

You’ll be notified within two weeks of our action. If you are chosen, there will be a proclamation at the Tuesday evening September 20th City Council meeting, and a celebration at Quinlan Center on Saturday September 24 at which you’ll be asked to read an appropriate poem or two.

We expect to invite other local, state and maybe national poets laureate, and perhaps a short presentation on the importance of poetry in society from a noted Bay Area educator.

Note: Then refer to the Poet Laureate Evaluation Rating Form

INTERVIEW AGENDA AND GUIDE CUPERTINO POET LAUREATE CANDIDATES 1085
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34 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Name memory keys:

Ice breaker by lobby shepherd: for instance “How did you hear about PL?” Introductions of committee members.

QUESTIONS

1. ( ) How do you define poetry?

2. ( ) What awakened you to the realization that you are a poet?

3. ( ) Can you illustrate examples of the types of community service you have participated in within the past 5-7years?

4. ( ) What is your vision for the Cupertino Poet Laureate?

5. ( ) If selected, what are your initial thoughts on how you would put your vision into action? Be specific.

6. ( ) What are your thoughts about writing event poetry? E.G. Memorial Day, new municipal buildings, etc
Other questions from the committee members.

Do you have questions for us?

7. ( ) Please read aloud and comment on 1-2 of your poems: (handouts?)

CONCLUSION
When and how we will follow- up with candidate.

You’ll be notified within two weeks of our action. If you are chosen, there will be a proclamation at a City Council meeting in September or October.

Notes: Then refer to the “Poet Laureate Evaluation Rating Form” Other questions from the committee members.

Do you have questions for us?

1. (Ron) Please read aloud and comment on 1-2 of your poems: (handouts?) Notes: Then refer to the “Poet Laureate Evaluation Rating Form”

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to evaluate poetry
(see hard copies)
Addendum #10 Sample letters to candidates for interviews and decisions made
Dear xxxxxxx,
Thank you for your application and for considering the post of Cupertino Poet Laureate for two years, beginning October 1, 2013.

All of us on the Poet Laureate Selection Committee look forward to meeting you on xxxxx at xpm at xxxxxx.

A list of the Committee members can be found xxxxxx.

Here’s what you can expect during your time with us:

One of us will meet you in the lobby and accompany you to the conference room where we’ll have introductions and discussion. You might review the back of the application form for our areas of interest. The Committee is interested in your commitment and versatility as a poet, your personal definition of poetry, when and how you became a poet, past and current community service work, and some of your thoughts on your vision and ideas for Cupertino Poet Laureate.

We’ll address your questions as well.

For the last 10 minutes, we’d like you to read aloud and comment on two of your poems. If you choose to read poems other than those you submitted with your application, please bring along 8 copies for the Committee.

Please don’t hesitate to contact me if you have any questions about your interview.

Sincerely,
_________________________________________________________________________ April 1, 2011
Mrs. xxxxxxxxxxxx
xxxxxxxxxxxxxx
Cupertino, CA 950
Dear Ms. xxxxxxxxxx
The Cupertino Poet Laureate Committee appreciates your interest in being considered for the City’s first Poet Laureate position. We enjoyed meeting you and talking with you about your poetry and the scope of the Poet Laureate position.
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36 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 It has taken us some time to get back to you as some of our members have been out of town or ill.

The Committee is not prepared to make a recommendation at this time, and intends to extend the application period until July, 2011.

We appreciate your interest and application, and wish you the very best. We share your love of poetry. Keep writing!
Sincerely,
CPLS
____________________________________________________________________________ August 21, 2013
Ms. xxxxxxxxxxx
xxxxxxxxxxxx
Cupertino, CA 95014
Dear xxxxxxx,
Thank you for applying for the Cupertino Poet Laureate position. We appreciate your interest and enjoyed meeting you.

After very careful consideration of all candidates’ qualifications, we have decided to recommend another candidate for the appointment.

We encourage your continuing interest in the Poet Laureate program and hope to see you at future events.

Thanks for sharing your poetry with us. Keep on writing! Sincerely,
Adrian Kolb
Cupertino Poet Laureate Selection Committee
____________________________________________________________________________ September 5, 2013
Jennifer Swanton Brown
xxxxxxxxxxxxxxxxxxx
Cupertino, CA 9501
Dear Jennifer,
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37 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Congratulations! After careful consideration of all candidates, the Cupertino Library Commission is recommending you to the City Council to be appointed as Cupertino Poet Laureate, October 1, 2013- September 30, 2015.

Confirmation of your appointment is contingent upon a background check. Please contact May Sui in the City of Cupertino Human Resources Department at 408 777- 3380, [email protected] to get this process started.

The City Council will review your appointment as Poet Laureate at the city council meeting on September 17, 2013. Please join us that evening as we welcome you, and introduce you to the City Council. Details on the time and location are forthcoming.

If you have any questions, please contact Adrian Kolb.

Thank you for your commitment to this program!
Sincerely,
Adrian Kolb
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38 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #11 Copy of budget page, part of Excel spreadsheet Income
Date CLF FRIENDS CITY
12/14/15 $1,450.00 $500.00
4/1/16 $1,500.00
07/01/16 $2,000/00
TOTAL $1,450.00 $2,000.00
Expenses
Date Expense Name Materials Equipment Gifts/Stipends Payor P 11/10/15 $80.85 Ann $80.85 Friends C
11/29/15 $79.00 Jennifer $79.00 City C
12/10/15 $200.00 Bev $200.00 City C
12/18/15 $41.33 Bev $41.33 Friends C
12/20/15 $32.60 Bev $32.60 City C
01/27/16 $250.00 Amanda $250.00 City C
02/18/16 $218.84 Amanda $218.84 Friends C
01/28/16 $6.95 Amanda $6.95 Friends C
03/04/16 $68.35 Amanda $68.35 City P
3/25/2016 $300.00 Amanda $300.00 Friends C
4/18/2016 $20.00 Adrian $20.00 Friends C
04/18/16 $36.42 Amanda $36.42 Friends C
Sub Total $373.62 $79.00 $450.00
Addendum #12 Copy of one page of Poet Laureate database, part of Excel spreadsheet
(see hard copies)
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39 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #13 Public Relations
Cupertino Poet Laureate Hosts Readings April 1 at Peet’s Coffee Jennifer Swanton Brown and friends explore Unsung Holidays Tuesday, April 1st, Cupertino Poet Laureate Jennifer Swanton Brown, will host poetry readings around the subject of Unsung Holidays, 7-9PM at Peet’s Coffee, 20807 Stevens Creek Blvd., Suite 200, Cupertino. The public is invited to this no-charge event.

Brown will share the microphone with the winners of last fall’s Cupertino Poetry Contest, Stephanie Pressman and Amanda Williamsen. A time for ‘open mic’ readers will occur toward the end of the evening. Space is limited, so arrive before 7 and enjoy Peet’s coffee and snacks.

The next readings will be in June and August, with the dates and locations to be announced in May.
“I am so encouraged by the interest in poetry in Cupertino,” remarked Brown. “It seems all ages are eager to learn to write-and read-their own work, as well as that of the historical and contemporary poets.”
In December 2010, the City Council of Cupertino unanimously adopted a resolution put forth by the Library Commission establishing the office of the Cupertino Poet Laureate. During the two years that the Cupertino Poet Laureate presides there are personal presentations and hosted educational events.

The Cupertino Poet Laureate program is co-sponsored by the City of Cupertino, the Library Commission, the Cupertino Library Foundation, and Friends of the Cupertino Library.

Visit www.cupertinopoetlaureate.com, and follow the program on Facebook. # # #
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40 ©2016 All rights reserved. The information contained herein is current as of 06/30/16

April is Poetry Month!
Join the conversation by visiting
the Cupertino Poetry
Exchange. You can read a
favorite poem or
post one of your own.

Find us at the Cupertino Poet
Laureate website:
http://cupertinopoetlaureate.org/c
upertino-poetry-exchange/
or visit us on Facebook.

Not online? Send an email to
Cupertino Poet Laureate April Poetry Events
April 1 “Unsung Holidays: April Fool’s Day” Poetry Reading with Jennifer Swanton Brown and Guest poets: Stephanie Pressman & Amanda Williamsen
Peet’s Coffee & Tea, Stevens Creek Blvd, Cupertino 7-9 pm April 4 Mary Avenue Dog Park Dedication, 5-6:30 pm
April 17 Art and Poetry: 5th Annual SJMA Poetry Invitational San Jose Museum of Art “Initial Public Offering” poetry and art, 7 pm April 19 Erica Goss & Friends Poetry Reading
Friends Bookstore, 110 East Main Street, Los Gatos, 2-4 pm April 26/27 Cupertino Cherry Blossom Festival – Surprise poetry games and opportunities for the whole family! Memorial Park
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41 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #14 VIP program for first Poet Laureate,
correspondence on invitations to council members
Cupertino welcomes its new Poet Laureate, Jennifer Swanton Brown. Please join us at a reception on Sunday November 10, 3-5pm at Community Hall to say farewell to our current Laureate, David Denny, and introduce our new Laureate. Sally Ashton, Santa Clara County Poet Laureate Emeritus, will be the keynote speaker. Light refreshments will be served.

There will be a small reception to introduce the city's new Poet Laureate on November 10 from 3-5 in Community Hall. Orrin will present our outgoing Laureate, David Denny, with a proclamation, there will be a keynote speaker, and we will welcome our new Laureate, Jennifer Swanton Brown.

On behalf of the selection committee, we invite you to join us for the afternoon, or any part of it.

The council's support of this program has contributed to its success and we greatly appreciate that.

Sincerely,
Adrian Kolb, Library Commissioner
Addendum #15 Planning a Poets Laureate event: a checklist

RESOURCES AND HOW TO GET THINGS DONE

EVENT PLANNING
Location/time/date/theme/invited speakers/open mic/procedures/materials/signs/sound system Book city locations through Quinlan center 408 777 3120 Arrange set up through Ron Bullock [email protected]

FLYERS/POSTERS/POSTCARDS
Create/copy/post/electronic distribution
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42 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Recognize support
EVITE
MEDIA
Scene deadline
Courier deadline
Press release
Other publications
FUHSD
Debbie Vanni
CUSD
Andi Jackson
Title of Poet Laureate Class/Event
Presented by Ann Muto, Cupertino Poet Laureate
(Date & Place)
First Name Last Name Email How did you hear
about the
class/event
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43 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #16 Marketing materials used by Poets Laureate to promote events
(see hard copies)
Addendum #17 Sample update reports from
Poets Laureate
March 2016 Report for the Cupertino Library Commission on the present activities of the Cupertino Poet Laureate, Amanda Williamsen. She can be reached at amandawilliamsen@yahoo. com.

Blog: cupertinopoetlaureate.org
Readings
March 26. I’ll read at Florey’s in Pacifica with Jennifer Swanton Brown.

April 21. I’ll read at the San Jose Art Museum as part of a project Arlene Biala, Santa Clara County’s new Poet Laureate, has organized. Nine poets will write ekphrastic poetry and read at a special evening event.

April 28. I’ll read with Jennifer Swanton Brown and Dave Denny at the Cupertino Library. This is the first reading I’ve set up.

June 3. Adrian Kolb had reserved time for me at the Euphrat Gallery at De Anza College, and I’m planning to invite Esther Kamkar and Maw Shein Win to read.

September 18. I’ll read with Arlene Biala at the San Jose Poetry Festival, at the invitation of David Eisbach. We’ll read on the steps of the Markham House after lunch when no other events are scheduled.

David says we’ll be specially featured. I plan to hold additional readings and invite a variety of Bay Area poets to read for
Cupertino, including voices from a wide range of ages, heritages, and writing styles. I also plan to invite both well-established poets and emerging voices.
______________________
Poetry Parties
January 14 was my first Poetry Party, “Resolute Creativity.” We wrote poems using our senses and associations with memory and scent. Also, we talked about strategies we can use to keep our creativity active through the year.

August 25. My second Poetry Party. Theme: Chocolate Poetry. This will be another really fun way to engage our senses to make our writing vivid. Participants will enjoy a light-hearted atmosphere that promotes camaraderie and pride in one’s creations.

October 13. My third Poetry Party or a reading.

In 2017 on January 12, April 13, August 24, and October 12, I can hold additional Poetry Parties or readings in the Story Room at the library.
______________________
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44 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Poetry Memoir Class
February 26. Cast of Characters, Settings and Seasons.

March 11. Sensory Portraits and a Certain Slant of Light.

March 25. Ancestors, History, Recipes.

April 8. The Dream and the Child
April 22. Why We Wake Early: The Offices of Love.

In a fun and affirming atmosphere, participants can create a memoir with a collection of interrelated poems. We are writing about our memories, sharing our ideas if we choose, and encouraging one another.

I’m presenting writing exercises inspired by a diverse offering of poems by writers who have also worked on a poetry memoir, or a memoir-like series of poems. The classes have had good attendance with fourteen writers at the first
meeting and sixteen at the second. A few people have expressed interest in having more than the five classes
I’ve already planned, and I’ve contacted staff at the library to possibly find dates to extend the class in May and June. I’m really enjoying the opportunity to offer this class! ______________________
Contests
Spring 2016. I’m working with Irmgard Lafrantz of the Cupertino Rotary Club to organize its first Poetry Contest. Students in grades 6-8 in the Cupertino Union High School District and students in grades 9-12 in the Fremont Union High School District are eligible. There will be three prizes awarded for each age group: first prize is $100, second is $50, and third is $25. The deadline for entries is April 15. Irmgard is promoting the contest through her Rotary connections, and we’ve also reached out to staff in the high schools and junior
highs to spread the word. I’ll also publish this on the Cupertino Poet Laureate blog and Facebook.

Winners will be celebrated at the Rotary Club Luncheon on June 15. Judges are myself, Jennifer Swanton Brown, and Dave Denny.

Spring 2016. With Larry Wray of the community choral group Schola Cantorum, I’m working on that group’s first poetry contest. The winner will have his or her poem set to music. Dates for the judging are TBD. Judges are myself, David Perez (Santa Clara County’s recent former Poet Laureate), and Erica Goss (Los
Gatos’ most recent Poet Laureate). Spring 2016. Serve on a panel of judges for a poetry contest organized by Belmont’s Poet Laureate, Tanu Wakefield, and the Belmont Public Library. ______________________
Visiting Schools
April 2016, date TBD. Visit St. Stephen Lutheran School.

April 1, 2016. Visit Regnart Elementary School for Discovery Day to talk about a career as a writer and teacher.
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45 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 I may also be able to visit Christa McAuliffe Elementary School, where my son is a student. I plan to reach out to the staff there.
______________________
Additional Community Involvement
December 28, 2015 Co-taught a workshop with Elizabeth Bartholomew at the Cupertino Library. Circuit Poetry. Children wrote poems, learned how to make a simple circuit on a paper card. Then they overlay the poems and illuminated their words.

January 27. I was honored to read “Stopping By Woods on a Snowy Evening” by Robert Frost at Mayor Barry Chang’s State of the City address. Jennifer Swanton Brown and Dave Denny also read poems.

February 12. I composed a poem for the occasion of the Lunar New Year and read it at the AABC’s Lunar New Year Luncheon. It went well.

Fall, 2016. I hope to participate in Cupertino’s Divali Festival, as I did last fall with J. S.

Brown
______________________
Press
Cupertino Scene in January, an article about my appointment, introducing me. Content magazine in February, an article on my views about the purpose of poetry. My reading on March 26 is mentioned. De Anza student newspaper, La Voz, in February, an article introducing me to the community and talking about my writing philosophy. To publicize CPL events, I use the Cupertino Scene, the library’s bulletin, Evites, postcards, the blog, and Facebook (with the help of my fantastic and much-treasured team of Adrian Kolb, Ann Stevenson, and Bev Lenihan!).
______________________
I’d like to express my thanks to the Cupertino Library Commission, the Cupertino Library Foundation, the Friends of the Cupertino Library, and the City of Cupertino for their support of the Cupertino Poet Laureate program. Additionally, I want to thank Ann Stevenson, Bev Lenihan, and Adrian Kolb for their support and guidance. They truly make this program successful. I’m grateful for the opportunity to serve our city and its residents by sharing the joy that comes from writing, reading, and learning about poetry.

June 2016 Report for the Cupertino Library Commission on the present activities of the Cupertino Poet Laureate, Amanda Williamsen. She can be reached at amandawilliamsen@yahoo. com. Blog:
cupertinopoetlaureate.org
Readings
April 21. I read at the San Jose Art Museum as part of a project Arlene Biala, Santa Clara County’s new Poet Laureate, has organized. Nine poets wrote ekphrastic poetry and read at a special evening event.
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46 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 April 28. I read with Jennifer Swanton Brown and Dave Denny at the Cupertino Library. This was the first reading I set up. It was a success. Filled the Story Room at the Library. I interviewed DD and JSB, which was fun for all.

June 3. Adrian Kolb has reserved time for us at the Euphrat Gallery at De Anza College, and Tanu Wakefield, Poet Laureate of Belmont, and Maw Shein Win of Berkeley will read.
______________________
Poetry Memoir Class
February 26. Cast of Characters, Settings and Seasons.

March 11. Sensory Portraits and a Certain Slant of Light.

March 25. Ancestors, History, Recipes.

April 8. The Dream and the Child.

April 22. Why We Wake Early: The Offices of Love.

May 2. Bad to the Bone.

May 16. Legacies.

In a fun and affirming atmosphere, participants created a memoir with a collection of interrelated poems.

The class developed an amazing atmosphere of friendly respect and encouragement, which made it a safe place for writers to share meaningful, sometimes emotionally powerful, memories. We had 27participants. Each week, 16-20 participants showed up. Many people attended 5, 6, or 7 of the classes.

Originally, we planned for five classes, but the participants asked for more time, and we were able to schedule an additional two meetings at the Environmental Education Center at McClellan Ranch Preserve. I had planned to continue the class in the fall, but sadly, I can’t continue! Ann Muto would like to extend theclass in the fall with her own style of leadership. We are having a Poetry and Pancakes brunch at IHOP on June 3 to reaffirm our connections, celebrate our accomplishments, and joyfully pass the baton to Ann.

Contests
Spring 2016. I’m working with Irmgard Lafrantz of the Cupertino Rotary Club to organize its first Poetry Contest. Students in grades 6-8 in the Cupertino Union High School District and students in grades 9-12 in the Fremont Union High School District are eligible. There will be three prizes awarded for each age group: first prize is $100, second is $50, and third is $25. The deadline for entries is April 15. Irmgard is promoting the contest through her Rotary connections, and we’ve also reached out to staff in the high schools and junior highs to spread the word. I’ll also publish this on the Cupertino Poet Laureate blog and Facebook. Winners will be celebrated at the Rotary Club Luncheon on June 15. Judges are myself, Jennifer Swanton Brown, and Dave Denny.

Spring 2016. With Larry Wray of the community choral group Schola Cantorum, I 1098
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47 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 worked on that group’s first poetry contest. The winner will have his or her poem set to music. Dates for the judging are TBD. Judges are myself, David Perez (Santa Clara County’s recent former Poet Laureate), and Erica Goss (Los Gatos’ most recent Poet Laureate).

Spring 2016. I served on a panel of judges for a poetry contest organized by Belmont’s Poet Laureate, Tanu Wakefield, and the Belmont Public Library. ______________________
Visiting Schools
April 1, 2016. Visit Regnart Elementary School for Discovery Day to talk about a career as a writer and teacher.

April 22, 2016. I visited St. Stephen Lutheran School and taught two poetry lessons, one to 3rd-5th graders and one to 6th-8th graders. We wrote about animals using sensory language.
______________________
Press
To publicize CPL events, I use the Cupertino Scene, the library’s bulletin, Evites, postcards, and the blog, (with the help of my fantastic and much-treasured team of Adrian Kolb, Ann Stevenson, and Bev Lenihan!).

An article describing the CPL transition from me to Ann Muto should appear in the Courier on June 3. ______________________
I’d like to express my thanks to the Cupertino Library Commission, the Cupertino Library Foundation, the Friends of the Cupertino Library, and the City of Cupertino for their support of the Cupertino Poet Laureate program. Additionally, I want to thank Ann Stevenson, Bev Lenihan, and Adrian Kolb for their support and guidance. I’m grateful to have had this opportunity to serve our city. As much as I’ve tried to enrich the lives of others with poetry, my own has been enriched many times over. Thank you. I’m sad to be leaving this role, but I know that Ann Muto’s term will be wonderful. I’ll support her all I can before and after my relocation.
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48 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #18 List of annual Cupertino Poet Laureate events and festivals
Annual Poet Laureate Events & Festivals
List of Cupertino Events & Festivals
See the City website at http://cupertino.org/index.aspx?page=94 In collaboration with the Poet Laureate Steering Committee, the Poet Laureate can decide the events in which to participate. The events in the chart below are listed in chronological order by date.

The Poet Laureate should plan to bring business cards issued by the City and, if participating in a booth, invite people to sign up with their name and email for email invitations to Poet Laureate events.

If the Poet Laureate wants to have a booth, he/she should check with the Cupertino Librarian to see whether they will have a booth as they are usually willing to share at no additional cost to the Poet Laureate Program. It is essential that the Poet Laureate be very clear about guidelines from the library in sharing a booth and be prepared to bring all the necessary supplies.

Jennifer Swanton Brown’s notes re: festivals
Festivals are really a very different kind of event, where you are not the main attraction (unless you’re also reading at some point) but sit in a booth. Always try to have a friend. Festivals are long and exhausting, make sure you can take a break and walk around and eat. Many of the same considerations apply, but also these unique issues:
• Weather, hot or cold, hat or sweater, good shoes.
• Tables? Provided or bring your own?
• Canopy? Provided or bring your own?
• Chairs – enough.
• Table cloths, decorations, signs?
• Things will blow around. Count on it.
• Books? To show or are you selling?
• Flyers or brochures for upcoming events? Business cards? • Activities? Magnetic poetry, poetry or word games, etc. 1100
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49 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Lunar New Year Luncheon and Diwali Festivals sponsored by the Asian American Business Council of the Cupertino Chamber of Commerce http://cupertino-chamber.org/ During 2016/17 Poet Laureate term Ann Stevenson will remain the contact for the Chamber— Ann Stevenson—c.—408-655-4668 [email protected]. Below are listed the guidelines & contacts for the partnership the Poet Laureate Program has developed with the Chamber of Commerce. These two events are planned and executed by the members of the Asian American Business Council of the Cupertino Chamber of Commerce.

Partnership between the Poet Laureate Program and the Chamber of Commerce This partnership was developed during Jennifer Swanton Brown’s term and has been a very supportive, congenial one. Participating in these events is an excellent way for the Poet Laureate to meet community leaders and members and broaden exposure of the PL program in Cupertino.

Person responsible for this partnership
The ideal liaison would be a member of the Poet Laureate Steering Committee and a Chamber member and/or a member of the Asian American Business Council. If that is not the case, someone from the Poet Laureate Steering Committee needs to contact the Chamber CEO to let that individual know that the Poet Laureate would like to participate in these 2 events. This should be initiated before the July AABC meeting for the Diwali Festival in October and before the October AABC meeting for the Lunar New Year Luncheon in either late January or early February to ensure that the Poet Laureate is included in the printed program. That person can also offer to introduce the PL at the luncheon unless the AABC wants someone from the AABC to do that.

Contact
Chief Executive Officer: Anjali Kausar, who also serves on the Cupertino Union School Board.

Address: 20455 Silverado Ave, Cupertino, CA 95014
Phone: (408) 252-7054 ([email protected])
These two annual events are sponsored by the Asian American Business Council of the Chamber of Commerce which meets at the Chamber office from noon-1 the 2nd Tuesday of the month. If the Poet Laureate wants to visit a meeting, that individual needs to let the CEO of the Chamber know no later than the Friday before the meeting as lunch is provided by the Chamber. There are usually @10-15 people there. The Poet Laureate might consider attending a meeting before the Lunar New Year Luncheon & the Diwali Festival. That way, members could meet him/her and he/she could meet them and, if desired, can gather information and ideas for the poem to compose and read to honor both of these events. Amanda Williamsen did an excellent job of attending an AABC meeting, soliciting written input from the group about what the Lunar New Year means to them and then composing her poem from their ideas. 1101
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50 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • The Lunar New Year Luncheon is held annually at the Dynasty Restaurant, usually in February. It has continued for over 10 years & attracts between 250-300 community leaders and residents. The AABC invites the Poet Laureate to be part of the program by composing and reading a poem for the event. At the November meeting an AABC member or the CEO of the Chamber should bring up for discussion and approval an invitation for the Poet Laureate to compose & read a poem at the Lunar New Year luncheon. If desired, the Poet Laureate can arrange to visit the AABC meeting the month prior to the luncheon in order to meet the members of the Council, learn more about the event and gather ideas for the poem. The luncheon ticket for the PL is complimentary from the Chamber; however, it is important to confirm that this will be the case. It is helpful for the contact from the PL Steering Committee to purchase a ticket & accompany the PL or arrange for someone from the AABC to act as host for and introduce the PL during the luncheon program.
• Please be aware that, unfortunately, the people at the Lunar New Year Luncheon are usually visiting during the program so getting and holding their attention is challenging.

Amanda very effectively ended each poetry stanza with a refrain, which she invited the audience to repeat, which helped keep their attention.
• The Diwali Festival in October is also sponsored by the Asian American Business Council of the Chamber of Commerce and attracts 10,000+ people. The Poet Laureate is invited to compose and read a poem for the event at the VIP program, which is another excellent opportunity for visibility. The VIP event usually begins @11:30. The CEO of the Chamber is the contact to schedule a presentation by the Poet Laureate. • The Poet Laureate may share the library booth at the festival by scheduling with the Cupertino Community Librarian by making arrangements at least 4-6 weeks in advance.

Getting the audience’s attention at the VIP program is probably equally challenging, and there will be conversations from the crowds who aren’t attending the VIP event as the program is held outside on the Memorial Park grounds.
• Other options for getting to know the community include the monthly Chamber of Commerce networking meetings. There is a large crossover of membership between the Chamber of Commerce & Rotary and both are excellent opportunities to meet community leaders; although the Poet Laureate can visit both, the decision can also be made based on what is more convenient to the PL’s schedule. However, if the PL would like to attend any of the events listed below, please contact the Chamber and let the CEO know you would like to attend. It is also possible to go to this link, look at the calendar of events & make a reservation to attend either the monthly networking event and/or the quarterly coffee. http://cupertino-chamber.org/event-calendar/#cid=233&wid=501 Click on the event you wish to attend & make a reservation. As the Library Foundation is a Chamber member, there should not be a charge to attend the mixers or the quarterly coffee. It would be a good idea to check this out with the CEO of the Chamber. There is no charge to attend the AABC meetings.
• The Chamber networking events are held the 2nd Wednesday from 5:30-7:00 p.m. at various locations. If the Poet Laureate knows a Chamber member, it would probably be more comfortable to arrange to meet that individual there so the PL can be hosted by someone, although it is not necessary.
• The Chamber also holds a quarterly coffee at various locations from 8:00-9:00 a.m. and feature a guest speaker. These are usually smaller events of @20-25 people so it’s a bit easier to get acquainted with others.

Cherry Blossom Festival
https://www.festivalproductions2.com/event/91/2016_Cupertino_Cherry_Blossom_Festival.html 1102
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51 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Jennifer Swanton Brown’s Notes: The Cherry Blossom Festival was something that Adrian helped me set up I think -- we communicated directly with someone at the Cupertino Sister City organization -- I don't remember her name, but I think Adrian and/or I just sent an email to the address on the city website. http://www.cupertinotoyokawa.org/ I asked David Perez and Erica Goss to join me, which they did part of the day, and we set up tables and chairs and put out the typewriter, books we had brought about Japanese poetry, the magnetic poems. I did all the set up and tear down myself. There are photos from the day and other information on the blog.

Earth Day
Dave Denny read a poem there. Jennifer observed that people don’t really pay attention even with a sound system. If the PL wants to participate, it is probably best to see whether the library is having a booth and share it with the library and decide on some kind of interactive program.

Fall Festival
Jennifer Swanton Brown’s Notes--Fall Festival was something Bev and I worked out -- I offered to read a poem, and she took care of working that all out with the Rotary Club. It's their event at Memorial Park. Once Bev put me in touch with whomever was organizing the event, I communicated with her about when to arrive at the park, etc. I went and read a poem myself in 2014 at the opening ceremony, but for 2015, I was out of town. Bev was going to read the poem I wrote, and then she had to travel and Amanda was going to read it, but I think it fell apart and nobody did read in 2015 at the opening ceremony. I think Crystal Tai read her own poem at the closing ceremony in 2015.

Fall Art Series
Jennifer Swanton Brown’s Notes-- I don't remember anything about the Fall Art Series -- unless you mean when I was asked to come and talk a little bit about Julius Caesar before the Shakespeare company performed in the community hall. If that's the case, then Bev or Adrian should remember -- that was in the first month after I became PL - I think Bev arranged it somehow. It was something Dave Denny had done the year before. I was not asked again in subsequent years.

Event Sponsor & Contact Date Location Fees Notes
Lunar New
Year
Luncheon
Asian American Business
Council of the Cupertino
Chamber of Commerce
Anjali Kauser, CEO
anjali@cupertinochamber.org
(408) 252-7054
Either
late
January
or early
February
Dynasty
Restaurant
at Vallco
None Poet Laureate
is introduced
and reads a
poem about
the Lunar New
Year.
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52 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Cherry
Blossom
Festival
Toyokawa Sister Cities
Committee
In 2015 it was Sharon Fong
[email protected]
(408) 888-1642
April 23 &
24, 2016
10 a.m. –
5 p.m.

Memorial
Park
$25.00 This festival
benefits the
Cupertino
Sister City
Program with
Toyokawa,
Japan. See
link in
narrative for
fee
information:

Earth Day City of Cupertino
Erin Cooke, Sustainability
Manager
[email protected]
(408) 777-7603
April 30,
2016
11 a.m. –
3 p.m.

Cupertino
Civic
Center
None Dave Denny
read a poem in
his first year at
Poet Laureate.

It is a noisy
venue and
people don’t
really pay
attention even
with a sound
system.

Earth
Day
City of Cupertino
Erin Cooke, Sustainability
Manager
[email protected]
(408) 777-7603
April 30,
2016
11 a.m. –
3 p.m.

Cupertino
Civic
Center
None Dave
Denny
read a
poem in his
first year at
Poet
Laureate.

It is a noisy
venue and
people
don’t really
pay
attention
even with a
sound
system.

Fall
Festival
City of Cupertino, Rotary,
World Journal, CUSD
2015/16—Bev Lenihan
[email protected]
September
10, 2016
10 a.m. –
5 p.m.

Memorial
Park
None Some of
the Poet
Laureates
read
poems. It
may be
possible to
share a
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53 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 booth with
the Library.

Diwali
Festival
Asian American Business
Council of the Cupertino
Chamber of Commerce
Anjali Kauser, CEO
anjali@cupertinochamber.org
(408) 252-7054
October
15, 2016
10 a.m. –
5 p.m.

Memorial
Park
None The Poet
Laureate is
invited to
compose
and read a
poem
honoring
the Diwali
Festival at
the VIP
event that
usually
begins
@11:30 or
noon. It is
possible to
share a
booth with
the Library.

Fall Arts
Series
Cupertino Library
Foundation
Eno Schmidt
[email protected]
2016.3.5
no
information
available
Various
venues
none
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54 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #19 Poet Laureate venues, room scheduling and
EEC policies
2016 General Guidelines
• It is challenging to find appropriate, available venues at no charge for Poet Laureate events. This information is based on what has been historically available. • The majority of these rooms must be scheduled at least 1 year in advance as they are heavily used.
• It is important to check with the people in charge regarding expectations for set up & take down.
• The Poet Laureate is to provide all supplies.
• It has worked out well for one person on the steering committee to be designated to schedule rooms for the PL events as the PL has a lot to do in planning events. • A member of the Library Commission or someone with close ties to the City who knows the City staff is an ideal choice for this role.
• Obtaining a written policy of the Facilities Policy for each space used is recommended prior to holding a program there. This should be shared with the Poet Laureate & the Steering Committee.
• Liability is usually waived by the Community Librarian and the City Parks & Recreation Director.

Library Story Room
• Scheduling quarterly Poet Laureate Events for Thursday evenings in the Library Story Room from 6-9 in January, April, August & October at least 1 year ahead with the Cupertino Librarian is highly recommended. It is possible to revise them later if there is a conflict.
• The current Cupertino Librarian is the contact and can advise which days & times are most readily available depending on the library’s numerous programs for all ages. • The PL Steering Committee has been advised in the past that Friday's are the most challenging for the library staff to assist with set-up, because 1/2 the staff is available for that day.
• M-Th mornings are usually available as story hours have been moved to the children's section of the library, because the library story room is too small. • Although the story room is available during those times, the Poet Laureate would probably have kids looking in and commotion outside at times.
• Starting in 2016 Amanda Williamsen offered 6 stand-alone Poetry Memoir Writing Classes every other week, which were held in the Library Story Room.

Protocols for room use
• It would be wise for the Poet Laureate to check out the times of the children’s programs, meet with the staff contact for the Story Room, spend some time in the story room during the children’s programs and see how it is.
• PL must provide all supplies and a computer.
• The library staff is not available for last-minute supply needs. • It is strongly recommended that an email be sent to the Cupertino Librarian at least 4-6 weeks prior to the start date of the class/reading with a diagram of the desired room set 1106
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55 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 up (theater style with rows of chairs, chairs in a circle or tables & chairs) and to check availability and compatibility of any additional AV equipment needed.

Reception Room at the Cupertino Senior Center for the VIP event in January of the first year of the new Poet Laureate’s term
• The Reception Room at the Senior Center is ideal for the VIP reception held the 1st Thursday in January in even numbered years.
• It holds 175-200 people; however, it can be divided to accommodate a smaller group. • Reserving the room from 6-9 to allows for set up & clean up. It is important to verify that there will be someone there at that time who can turn on & set up the mic. • The current contact is Christine Hanel, who is Acting Director for Park & Rec for the City.

[email protected]
• Senior Center contact Lisa Atwood [email protected] • If the VIP event is held on the first Thursday in January from 7-8:30 or 9:00, it is not possible to schedule Community Hall, because the Park & Rec Commission meets there monthly on the first Thursday.

Evites
VIP evite emails to should be sent to: CLF and Advisory Board, City Council, selected library staff, The Friends of Cupertino Library, past poet laureates, past and present selection committee members, City Council members, Christine Hanel, Acting Director of Parks & Recreation, and/or other city liaisons, City Manager, Community Librarians, SCC Librarian i.e. currently Nancy Howe, Library Commissioners, Chamber Board and CEO, selected Rotary members, and past and recent candidates who applied for the current PL position.

Script
It is advisable to create a program schedule for after people arrive and mingle:

1. Member of Steering Committee opens, welcomes all and acknowledges dignitaries and groups present, background of PL program.

2. Mayor or Councilmember speaks briefly to introduce the program.

3. Farewell speech by member of Steering Committee to outgoing laureate, gifts given.

4. Outgoing laureate speaks and introduces new laureate, gives gifts and trophy.

5. Closing remarks by member of Steering Committee.

Equipment—Podium, mic, 2 long tables
Supplies--Small paper plates, napkins, 2 paper table cloths, 1 large bag of Kirkland Asian Rice Crackers with Nuts, 1 package Baklava, 8 oz. water bottles (20 used in 2016), 1 box cookies & 2 small packages TJ’s chocolate cookies topped with peppermint, 2 floral plants (we used Poinsettias from the holidays)
Gifts
• Set of bookends to the outgoing Poet Laureate from the City of Cupertino; the Director of Parks & Recreation is the contact person to order them; check by early November. • Poet Laureate trophy with PL’s name on it to the incoming PL. Please obtain from the previous Poet Laureate in time to engrave the new PL’s name on it. • Floral bouquet, when appropriate, for each of the Poet Laureates. 1107
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56 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • $200 gift card to a Cupertino restaurant to the outgoing Poet Laureate. • In 2016 Bev Lenihan presented each of the Poet Laureates with a photo book of libraries across the nation from the Library Foundation.

Room Set Up
• Reception Room at the Senior Center—1/2 closed off
• 1 long table with chair in the lounge area directly outside the Reception Room for sign in • 1 long table in the room at the back for refreshments • 40-50 chairs set up theater style with center aisle
• Small table for the gifts for the outgoing Poet Laureate + a floral bouquet each for the outgoing Poet Laureate and the incoming PL, and a podium & mic.

Euphrat Art Museum on the De Anza College Campus
Scheduling
• If the PL is not familiar with the space, he/she can stop in there to view it and decide about scheduling an event there.
• The designated member of the PL steering committee should get in touch with the contact person within the first month of the first year of the new PL term. • The museum is on the same schedule as the school term, so scheduling for JanuaryJune could be discussed as the last exhibit ends the first week of June. • It is an unknown whether the museum director will know the exhibit schedule for the fall, but if so, it is possible to go ahead and schedule time for the fall. • It is important to get in there while an exhibit is up during the school year and in between any groups they have using the room, which in past experience has only been about 2 times a month.
• Attendees must be informed that only paid parking requiring coins is available on De Anza Campus.
• The Euphrat Director emailed a pdf with complimentary parking permits for the PL Steering Committee, the Poet Laureate & Guest Poets.

Poet Laureate Responsibilities
• The laureate selects a theme, secures guest readers and decides if open mic. • The laureate creates the agenda and marketing materials, including content for the press release for Courier, Scene and other publications. This content is then sent to the Selection Committee member in charge of PR.
• The laureate sends evites, and any special email invitations. • The laureate purchases gifts or gift cards for guest readers. • The laureate provides all supplies.
• Materials for evening: easel with PL poster, clipboard for sign in with name & email, second clipboard for open mic sign in. If applicable, flyers for next event. • The Poet Laureate invites the guests to like the program on Facebook. • The Poet Laureate acknowledges and thanks the PL sponsors at the beginning of each program. They are the following: the City of Cupertino, The Friends of the Cupertino Library, The Cupertino Library Foundation and the Cupertino Library Commission.

Additional Venue Options
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57 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 The following have been tried with less than optimal results as described below:

1. Coffee shops – tend to be noisy and small. It is necessary to bring CPL audio equip. Food for purchase, parking free. Can be a very fun atmosphere but very difficult to hear. a. Peet’s Coffee, 20807 Stevens Creek Blvd., Suite 200 Cupertino, CA 95014, (408) 213-1870
b. Bitter & Sweet (http://bitter-sweet.com/) 20560 Town Center Ln, Cupertino, CA 95014

2. Open air – Dave did his “First Words” event in the plaza in front of Cupertino Library, as well as a reading during the city’s Earth Day celebration. Tends to be very noisy and even with the sound system – use CPL audio equip -- many people can’t hear.

3. Restaurants – Jennifer did a Persian New Year reading at Village Falafel on Stevens Creek Blvd. in a private room. Small tables & chairs can create an intimate atmosphere; however, number of attendees is limited. Food for purchase.

Chart Listing Venues
The chart below lists additional Poet Laureate venues in Cupertino. The Steering Committee received feedback that holding PL events in coffee houses doesn’t work, because of the noise of the coffee preparation equipment and the fact there are no separate rooms.

Venue 2016 Contact
Person
Capacity Hours
Available
Dates Fees Notes
Library
Story
Room
Cupertino
Community Librarian
2016-17 Roslyn
Donald
[email protected]
Story Room contact
Lora Cokolat, Interim
Supervisor for Adult
Services
[email protected]

25 See
Cupertino
Library
Web Page
Quarterl
y
Program
s
None Schedule
at least 1
year in
advance;
check
whether
set up &
equipment
is provided.

Reception
Room at
the Senior
Center
Christine Hanel,
Acting Director of
Recreation &
Community
Services
Christine@
Cupertino.org
Was
available in
the
evening;
important
to check &
to
determine
whether
VIP
Recep.
has
been
held the
first
Thursda
y in
January
None
in
2016;
check
for
future
recep
.

Best room
for the PL
VIP
Inauguratio
n
Reception
Seat setup,
mic, small
table for
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58 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 there will
be any
staffing
fees.
from 7-
8:30 or
9 of the
first year
of the
new
Poet
Laureat
e term;
reserve
room
from 6-9
to allow
for
setup.
gifts & 2
long tables
for
refreshmen
t& sign in
provided at
no charge
in 2016.

Set up 1
year
ahead.

Cupertino
Comm.

Hall
Ask Cupertino
Community
Librarian to request
the CH to avoid
charges.

Check with
the City; it
should be
available in
the
evenings.

Make sure
there are
no
conflicts.

First 2
VIP
Poet
Laureat
e
receptio
n held
here.

Ask to see
whether
there are
any
charges.
2016
note—The
Senior
Center
Reception
Room is
much
better for
this event,
because of
the cozier
atmospher
e.

Euphrat
Art
Gallery on
the De
Anza
College
Campus
Diana Argabrite
408 8645464
argabritediana@fhd
a.edu
Euphrat Museum
Director
40 maximum
Usually
hold 1
event
annually
.

This is a
lovely
venue.

Environ.

Education
Center at
Christine Hanel,
Cupertino Parks &
Recreation
There are
chairs
available.

This site is
especially
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59 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Blackberr
y Farm
Christine@
Cupertino.org
777-3125
lovely at
dusk so
may be
ideal for a
summer
evening
poetry
reading.

Quinlan
Center
Christine Hanel,
Cupertino Parks &
Recreation
Christine@
Cupertino.org
777-3125
If after
hours &
staff are
involved,
there may
be
charges.
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60 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Facility Use Policy
Environmental Education Center at McClellan Ranch Preserve “The mission of McClellan Ranch Preserve shall be to maintain and protect the ecology of the area, conserve the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with their preservation”
I. Use of the Facility for Private Rental
The Environmental Education Center may be used by outside groups and organizations for educational purposes and meetings, after programming and other building needs of the Cupertino Recreation and Community Services Department have been met. This policy sets guidelines in place for the use of the building. Please read through the entire policy prior to requesting use of the Environmental Education Center.

Please note: All rentals and use of the facility must adhere to municipal code 13.04.201. Final approval of facility use and rentals are at the discretion of McClellan Ranch Staff.

13.04.201 Nature and/or Rural Preserve
A. Any park characterized by such unique natural features that it is deemed a valuable and irreplaceable resource may be designated by the City Council either by ordinance or resolution as a nature and/or rural preserve, in which event it shall be used and treated in a manner consistent therewith.

B. Uses shall be limited to those which will maintain and protect the ecology of the area, conserve the natural features and scenic values, expand community awareness and understanding of natural history and the environment, and provide enjoyment of the resources present consistent with their preservation.

C. McClellan Ranch Park is designated a nature and rural preserve. (Ord. 710, (part), 1975)
A. Available Facility Space
• 900 square-foot multi-purpose room with educational displays and animal exhibits.

Room can be divided into two smaller sections if desired. • Fully-stocked kitchenette with sinks, counter space, portable kitchen island, oven, stovetop, microwave, and refrigerator.
• Restrooms (2)
• 250 square-foot library room with reference materials and displays. • 450 square-foot outdoor covered gathering space.
• Access to historic Blacksmith Shop and Milk Barn (additional restrooms included).

RECREATION AND COMMUNITY SERVICES DEPARTMENT

QUINLAN COMMUNITY CENTER
10185 NORTH STELLING ROAD • CUPERTINO, CA 95014
(408) 777-3120 • FAX (408) 777-1305
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61 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • Free Wi-Fi connectivity throughout facility.

B. Fee Schedule and Amenities
Environmental Education Center
Capacity: 45 persons (Classroom Set-up) or 63 persons (Assembly Set-up) Minimum booking of 2 hours is required
Rental Category Advance Reservations
9:00am – 5:00pm 5:00pm-10:00pm
Rental Fees
Mon-Sun
Security
Deposit
Contracted Tenants and Partners* 3 months 6 months $ 0 N/A Cupertino Non-Profit 3 months 6months $ 30/hr $300
Cupertino Resident/Cupertino Business 2 months 3 months $ 55/hr $300 Non-Resident Non-Profit 2 months 3 months $ 48/hr $300
Non-Resident/Non-Resident Business 2 months 3 months $ 88/hr $300 *On-site tenants and partnering organizations that have a current lease agreement with the City of Cupertino **Security Staff is required for any rental where alcohol is served. Rate: $25 per hour Equipment Provided Quantity
Chairs 60
Dishwasher 1
Kitchen Island (Portable) 1
Microwave 1
Oven 1
Portable Projector (laptop not included) 1
Projector Screen 2
Refrigerator 1
Sinks 2
Stovetop (Electric, 2 burners) 1
Tables: 6 foot, rectangle 10
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62 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Tables: 6 foot, round 1
Tables (children’s): 3 ½ foot, rectangle 2
C. Reservations
Facility Applications: Applications for use of the Environmental Education Center Park Building must be submitted in person at the Quinlan Community Center. Applications will be confirmed with McClellan Ranch Staff prior to being made official. Applicant must be at least 18 years of age.

Reservation requests may be submitted Monday-Friday from 8:00 am-5:00 pm, a minimum of 10 days in advance (30 days required, if alcohol is being served). To secure a reservation, please bring the following items to the Quinlan Community Center, 10185 N. Stelling Rd, Cupertino, CA:

Contracted Tenant/Partner • Current Lease/Contract agreement • Proof of affiliation to agency
Cupertino Residents/Businesses • Current utility bill with applicant’s name and address • Security deposit
Cupertino Non-Profit • IRS form 501(c), articles of incorporation or by-laws • Membership list with addresses (51% residency required) • Security deposit
Non-Resident Non-Profit
• IRS form 501(c), articles of incorporation or by-laws • Letter on organization’s letterhead demonstrating what service it provides to Cupertino residents
• Security deposit
Non-Residents • Security deposit
The City reserves the right to deny rental to groups or individuals who have previously used the facility and left it in poor condition. The City also reserves the right to cancel any use of a facility with 2 weeks advance notice.

Rental Fees: There is a 2-hour minimum for all rentals at the Environmental Education Center. Rental fees are due a minimum of 10 days prior to the event. If alcohol is being served at the event, rental fees are due 30 days prior. If fees are not paid, the City reserves the right to cancel the reservation and withhold the security deposit. Rentals that exceed the permitted reservation time will be charged an overtime fee of $200 for any time up to the first half-hour, and $200 for every half-hour thereafter. 1114
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63 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Confirmation: Reservations will not be confirmed until the completed reservation form has been approved, all rental fees and security deposit have been paid, and the insurance certificate and endorsement have been submitted. Approval is dependent upon intended use, availability, and applicants’ agreement to abide by the terms and conditions listed herein.

Commercial General Liability Insurance: A certificate of commercial general liability insurance is required for all rentals that serve alcohol. The renter must bring proof of insurance from their insurance company for one million dollars per occurrence, with an endorsement naming the City of Cupertino as additionally insured. The certificate of insurance and the endorsement must be submitted 30 days prior to the rental date. No reservation will be confirmed without proof of insurance. A certificate of liability insurance can be issued by the renter’s, homeowner’s, or other insurance carrier. In order for the certificate to be valid, it must contain the following:
 The renter’s name must be listed as the one “insured”.  The policy must not expire before the event date.
 The policy must be for $1,000,000 per occurrence.
 The “description” must list the rental location, date of event, and type of event planned.  The City of Cupertino at 10300 Torre Avenue, Cupertino, CA 95014 must be listed as “additional insured.”
D. Cancellations and Refunds
Rental Amendments: Requests to amend reservation times and/or dates must be submitted in writing to the Recreation and Community Services Office. A maximum of three rental amendments are permitted at no charge. There will be a $10.00 rental amendment fee applied for each additional amendment thereafter.

Cancellations: A reservation cancelled at least 10 days prior (30 days if alcohol is being served) to the reservation date will be refunded the security deposit and any paid rental fees.

Any cancellation that is made less than 10 days of the rental date will be refunded the deposit, but not paid rental fees. All cancellations must be submitted in writing to the Recreation and Community Services office. The City reserves the right to cancel any use of a facility with two weeks advance notice.

Refunds: Refunds on security deposits are based on compliance with the rental contract, as well as the clean-up requirements. To receive a full refund on the security deposit, the building must be cleaned and cleared of all guests, rental party, and caterer, etc. at the rental end time.

The renter is responsible for all caterers, musicians, photographers, and guests, and may be billed an overtime fee if they exceed the rental time. The renter will be billed for any damages or extra staff time not covered by the deposit. Deposits are generally refunded within 2-3 weeks. 1115
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64 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 E. Rental Rules and Regulations
Alcohol: ONLY beer, wine, and champagne can be served. Kegs are not permitted. No hard liquor is allowed at any time. The request to serve alcohol must be made at least 30 days prior to the rental date. Failure of notification could result in the loss of your deposit. When alcohol is served, security staff is required at a rate of $25 per hour, with a minimum of 4 hours and a maximum of 6 hours.

Alcohol may not be consumed outside of any City facility except in approved patio, deck, or picnic areas.

Servers must be the legal drinking age of 21. Under-age drinking at any event is strictly prohibited.

Liability insurance is required.

Smoking: Smoking is prohibited inside any facility and anywhere within McClellan Ranch Preserve.

Renter Conduct: The renter is solely responsible for any and all accidents or injuries to persons or property resulting from the use of the facility. The renter is responsible for the control and supervision of all people in attendance. The renter shall take care that no damage is done to the facility and that all of the attendees conduct themselves in an orderly manner in and around the facility, including the surrounding park areas and parking lot. If damages are occurring or the behavior of the group is deemed inappropriate or unsafe for any reason, the function may be stopped in progress and denied further use of the facilities. In addition, if it becomes necessary during the course of the rental to summon the police for any reason, all or part of the security deposit will be forfeited. Groups composed of minors (under the age of 18) must be supervised by 1 adult for every 10 minors. Minors must be under adult supervision at all times.
• Decorations: The renter is responsible for the set-up and take-down of all decorations, removing tablecloths, utensils, and excess trash/recycling from the rented room. Renter may use masking tape or painters tape to hang decorations at the Environmental Education Center. Please do not remove any existing displays without prior approval from McClellan Ranch staff. No cellophane, adhesive tape, nails, staples, thumbtacks, push pins, nails, screws, etc. are allowed. Any open flame is strictly prohibited. Decorations can only be put up on the day of the room rental, during the allotted rental time. All decorations must be taken down and out of the building before the end of the reservation. Balloons are prohibited anywhere outside of the facility. • Amplified Sound: amplified sound is restricted to inside the facility only. • Kitchen and Restrooms: The kitchen area must be left in the condition it was found. The renter is responsible for cleaning up any spills and debris in the kitchen area. Restrooms are to be left in a clean and orderly fashion. The City will furnish restroom supplies. 1116
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65 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • Damages: Any damage incurred to the walls, windows, tables, chairs, or any of the property will be deducted from the security deposit and is the responsibility of the renter. Handling of preexisting animal or plant displays is prohibited. • Storage: Storage space is limited within the facility. This includes food, beverages, decorations equipment, etc. Please confirm storage needs at the time of rental application. Supplies may not be stored before or after allotted rental period.
• Opening/Closing Checklist: The renter or event representative must participate in a preinspection walk-through of the facility with the building attendant. Anything dissatisfactory must be brought to the attention of the facility attendant IMMEDIATELY so that prompt action can be taken to correct the situation. Failure to do so may result in all or partial withholding of the security deposit. In addition, the renter or event representative must participate in a postinspection walk-through and acknowledge agreement of the findings.

Building Attendant: A building attendant will be on duty for the duration of your event. They will set up tables and chairs, unlock and lock the building, inform the renter of the equipment location, answer questions, and enforce the rules of the facility. The attendant is there to assist the renter; however the renter is responsible for their own decorations and clean-up. Gratuities may not be accepted by City employees.

Solicitations & Sales: Commercial, concessions, or profit-making activities are not allowed at City facilities. This includes charging registration fees, admission fees, or entrance fees of any sort. Failure to adhere to this policy will jeopardize the status of any future rental and may result in your event being shut down. Fundraising events are allowed for co-sponsored clubs and non-profit groups.

II. Group visits, Tours and Educational Programming
A. Self-Guided Tours:
a. Self-guided tours are free and welcome any time the park is open (sunrise to sunset). b. On-site parking is free. If the main lot is full, an overflow parking lot is located in the adjacent McClellan Ranch West parcel.
c. Please note: Indoor facilities (Nature Museum, Library, and Blacksmith Shop) are only open during drop-in hours and pre-scheduled tours.

B. Free Drop-in Hours
a. Staff will be present for weekly drop-in hours to provide free tours and access to the Nature Museum, Blacksmith Shop and Resource Library.
b. Schedule of drop-in hours:
• Fridays from 3:00pm – 5:00pm
• Saturdays from 11:00am – 3:00pm
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66 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 • Sundays from 11:00am – 3:00pm (pending)
• Additional hours may be scheduled during school breaks and holidays - Check cupertino.org/mcclellanranch for updated hours
C. Private Tours and Group Visits
a. Private tours and group visits are available on a limited basis. Ranch staff can cover specific environmental education topics or provide a general tour of the preserve and accompanying facilities.
b. General tours are approximately 90 minutes in length and will include a naturalist-led hike along the creek trail, a visit to the community gardens, an up-close look at barn animals, a tour of the nature museum, and a visit to the historic blacksmith shop. c. For specific topics, please contact McClellan Ranch Staff directly to discuss your tour specifics. We will do our best to accommodate your group’s request. d. 1 adult chaperone required for every 10 youth participants. e. Advance reservations are required
i. Group reservations can be made by calling 408-777-1316 or emailing [email protected]
D. Pricing for Private Group Tours (based on 90-minute tour):
a. Group size 1-15: $5 per participant
b. Group size 15-30: $75 flat fee
c. Group size 30+: please contact us to discuss feasibility and pricing.

E. Educational programming
a. Cupertino Recreation and Community Services Department offers a wide variety of educational programming for all ages.
b. Please visit www.reg4rec.org or the quarterly Recreation Brochure for a current schedule of program offerings.
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67 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Liability Insurance Requirements
For Facility Rentals
*Liability insurance is only required if alcohol is being served at the event.

The person listed on the contract must obtain commercial general liability insurance in the amount of $1,000,000 per occurrence. This may be obtained through your homeowner’s policy or other insurance carrier. The user’s insurance coverage shall be primary. The City of Cupertino, Its Officers, Officials & Employees are to be covered as additional insured by an endorsement for commercial general liability coverage.
 The renter’s name must be listed as the one “insured”.  The policy must not expire before the event date.
 The policy must be for $1,000,000 per occurrence.
 The “description” must list the rental location, date of event, and type of event planned.  The City of Cupertino at 10300 Torre Avenue, Cupertino, CA 95014 must be listed as “additional insured.” See below for specific wording.

The original certificate of insurance and endorsement must be submitted to the Quinlan Community Center, Recreation and Community Services Department, 10185 N Stelling Rd, Cupertino, CA 95014, at least 30 days prior to the event. Your event may be cancelled if the certificate of insurance and endorsement fulfilling all requirements are not received by the City of Cupertino at least 30 days prior to the event date.

Please use the following address on the insurance certificate under “Certificate Holder”:

City of Cupertino, Its Officers, Officials & Employees
10300 Torre Ave
Cupertino, CA 95014
Attn: Recreation & Community Services / Facilities
The following addresses pertain to the rental facilities:

McClellan Ranch Preserve
Environmental Education Center
22221 McClellan Road, Building D
Cupertino, CA 95014

RECREATION AND COMMUNITY SERVICES DEPARTMENT

QUINLAN COMMUNITY CENTER
10185 NORTH STELLING ROAD • CUPERTINO, CA 95014
(408) 777-3120 • FAX (408) 777-1305
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68 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Liability Insurance Requirements
Frequently Asked Questions
Question: What is a certificate of liability insurance? Answer: It is an insurance policy designed to provide protection in which an event holder must defend themselves against lawsuits or pay damages for bodily injury or property damage to a third party. This policy also gives protection to the venue of the event by adding them to the policy as an Additional insured. Examples, such as a slipping and falling, or damaged floors are covered by this type of policy.

Question: I’ve been asked to list my facility as an Additional Insured? What does this mean? Answer: This simply means that the venue is asking you to add them to the required liability insurance policy as an insured.

The practice of adding a facility as an Additional Insured on a General Liability insurance policy is quite common. Make sure to tell your insurance agent that you need this endorsement before they give you the Certificate of Insurance.

Question: Where can I find an insurance provider?
Answer: You can check with your homeowner’s insurance carrier, or search online. There are many online insurance companies that can help you with this service. Search for “Certificate of Liability Insurance for Event” to research all your options. The City of Cupertino does not sell insurance.

Question: Do insurance companies charge for this service? Answer: It depends on your insurance provider. Your insurance agent will be able to help you with the fees, if applicable.

Question: I’m only serving coffee at my event. Do I really need to provide insurance? Answer: No, the City of Cupertino only requires insurance for any events that serve alcohol. 1120
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70 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 1122
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71 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Facility Rental Application
Facility (please circle): Environmental Education Center Applicant Name: Organization Name:

Address:

City: State: Zip: Home Phone:

E-mail Address: Alternate Phone:

Estimated Attendance: Type of Use: (party, meeting, etc.) Will alcohol be served: Yes  No 
*Insurance is required if serving alcohol
Beer  Wine  Champagne 
Will food be served: Yes  No 
Room Name Day Date* Set-up Start
Time
Event Start
Time
Event End
Time
Clean-up
End Time
Total
Hours*
*For additional dates, please use reverse side
(conditions apply).
*TOTAL HOURS
(reservation includes set-up and clean-up hours)
In consideration for the acceptance of my application for participation in or presence at the aforementioned rental agreement, I HEREBY WAIVE, RELEASE AND DISCHARGE, the Cupertino Recreation and Community Services Department, the Cupertino Union School District, the Cupertino Public Facilities Corporation, the City of Cupertino and the County of Santa Clara, their agents and employees FROM AND

AGAINST ANY AND ALL LIABILITY FOR ANY LOSS, PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE THAT MAY

HAVE ARISEN OUT OF, OR IN ANY WAY CONNECTED WITH, MY PARTICIPATION OR PRESENCE AT THE AFOREMENTIONED

EVENT, EVEN THOUGH THAT LIABILITY MAY HAVE ARISEN OUT OF NEGLIGENCE OR CARELESSNESS ON THE PART OF THE

RECREATION AND COMMUNITY SERVICES DEPARTMENT

QUINLAN COMMUNITY CENTER
10185 NORTH STELLING ROAD • CUPERTINO, CA 95014
(408) 777-3120 • FAX (408) 777-1305
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72 ©2016 All rights reserved. The information contained herein is current as of 06/30/16

PERSONS OR ENTITIES MENTIONED ABOVE AND HEREIN RELEASED, BUT DO NOT RELEASE THE ABOVE MENTIONED PERSONS OR ENTITIES FROM THEIR FRAUDULENT OR INTENTIONAL ACTS OR FOR THEIR NEGLIGENT VIOLATIONS OF STATUTORY LAW.

Furthermore, I assume all responsibility and agree to indemnify the City of Cupertino and the Cupertino Union School District for any loss, damage or injury to my property, or myself, which may have been caused by negligence, or any act, of any person connected in any way with the aforementioned event. I understand that the City of Cupertino does not guarantee the construction, condition, or safety of the facilities or the equipment and that this Release Agreement is to be binding on heirs, my assigns and me. I/we agree to allow use of my/our photograph for program publicity. I HAVE READ THE ABOVE, UNDERSTAND ITS MEANING AND VOLUNTARILY SIGN IT. PARENT OR LEGAL GUARDIAN MUST SIGN FOR PARTICIPANTS UNDER 18 YEARS OLD
Payment Info
 Cash  Check (Refund Checks Payable to: _______________________________________)  Visa  MasterCard  American Express  Discover
Credit Card Number:___________________________________ CVC (3-digit code from back of card):_________ Expires:_____/_____ Authorized Amount $_________
Cardholder Name: ______________________________________________ Authorized Signature: ______________________________________________ Room Name Day Date Set-up Time Event Start
Time
Event End
Time
Clean-up
Time
Total
Hours
Room Name Day Date Set-up Time Event Start
Time
Event End
Time
Clean-up
Time
Total
Hours
Office Use Only:

Deposit Receipt # ____________________ Date: ____________________ Processed By: ____________________ Partial Rental Fee Receipt # ____________________ Date: ____________________ Processed By: ____________________ Final Payment Receipt # ____________________ Date: ____________________ Processed By: ____________________  Application Complete  Entered into CLASS  Insurance Provided 1124
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74 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Addendum #20 Roles and responsibilities of steering committee and Poet Laureate
(see hard copies)
Addendum #21 Poetry community contacts
and organizations
Amanda Williamsen’s Acquaintances and Poetry People
Adrian Kolb
Has served on both selection and steering committees. Major help. Two terms on library commission.

Amanda Williamsen
Third Cupertino Poet Laureate, January-July 2016. Long time writing and literature teacher, junior high-college. Memoir Poet. Moving to Seattle July 2016 and sad to leave CPL, but could return for readings or other events. Best wishes to Ann Muto.

Amytha Willard
Santa Clara County Library District supervisor, works with teen lit and at Cupertino Library. Favorite job duty is Bookmobile.

Anjali Kausar
Chief Executive Officer of the Chamber of Commerce. Also serves on the Cupertino Union School Board.

Ann Stevenson
PL Steering Committee Member. Huge help. Library Commissioner. Keep apprised of CPL activities.

Ann Muto
Cupertino’s newest Poet Laureate, 2016-2018! Winner of Erica Goss’s poetry contest.

Author of Open Passage. Sometimes writes about Japanese American history. Met at JSB’s “Write Your First Poem” workshop and/or NW YMCA poetry group. Attended Amanda’s Poetry Memoir Class spring 2016.

Annie Ho
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75 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 On the Library Foundation Board. A Rotarian. Connected with Cupertino Chinese American community. Attended Amanda’s PMC once or twice.

Anthony Francis, Ph.D.

Fiction writer. Often writes fantasy fiction. Member of Write to the End at IHOP.

Author of Liquid Fire, Blood Rock, Frost Moon, and Spectral Iron.

April Scott
Principal at Monta Vista H. S. A Rotarian.

Archana Panda
A poet. Cupertino supporter of the Poet Laureate program.

Arlene Biala
Named Santa Clara County PL in 2016. Organized an ekphrastic poetry evening at the SJMA. Amanda, David Perez, Arlene, Nils Peterson, and five other poets read there.

Barbara Rogers
Former Cupertino Mayor. Came to Amanda’s Inaugural Celebration.

Bay Area Generations
A reading series in Berkeley which has a different guest curator each month. Writers should submit work with a partner of a different generation. Ensures a diversity of voices. Amanda read there with Erica Goss.

Beez Jones
Member of the Cupertino Historical Society. Font of information about the early families of Cupertino.

Betsy Miller
Author of “Bees” snap book and The Parents’ Guide to Perthes, a childhood disorder affecting the hip. Member of Write to the End at IHOP.

Bev Lenihan
CPL Steering Committee member with Ann S. and Adrian K. So helpful. Vice President of Cupertino Library Foundation. Mission of Foundation, a non-profit, is to enable library to meet community needs. In her second career as a non-profit consultant. Winding down, but still helping lots of local agencies. Works mostly on capital campaigns. Life-long 1127
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76 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 writer. Writing for herself at last. Memoir! And watercolorist. Won outstanding Fundraiser of the Year. Also past recipient of the Crest award for outstanding service to Cupertino. Attended Amanda’s Poetry Memoir Class spring 2016.

Bill Wilson
FUHSD Board. Rotarian.

Bob Dickerson
Cupertino Poet. De Anza prof.

Brian Murphy
President of De Anza College. Rotarian.

California Poets in the Schools
Outreach education for K-12 students. Jennifer Swanton Brown is an educator and organizer. Tanu Wakefield and Erica Goss are also CPITS teachers Caroline Goodwin
Poet Laureate of San Mateo County.

Caroline Lindley
Ann Muto’s friend. A poet and memoirist. Attended Amanda’s Poetry Memoir Class spring 2016.

Charleene Puder
Attended Amanda’s Poetry Memoir Class spring 2016.

Christopher Cook
Mission Pie Poet. SF free-lance journalist.

Clare Varesio
Children’s Supervising Librarian at Cupertino library
Claudio Bono
President of the Chamber of Commerce. General Manager of the Cupertino Inn.

Connie Post
Past Livermore Poet Laureate. Compiles California State PL Directory.

Crystal Tai
Poet, writer, editor, translator. Wrote poem about the history of Cupertino. Translated her father’s autobiography. Much of it was in poetry. Translated that to English.

Christine Hanel
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77 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Acting director, Parks and Recreation Department, Cupertino Dara Runova
Poet. Attended Amanda’s Poetry Memoir Class spring 2016.

Darcy Paul
Cupertino City Council Member.

Darryl Stow
Former Mayor. Rotarian. Both on Historical Society Board and West Valley Community Services, a social change agency that helps those in need in the West Valley.

Dave Denny
First CPL.De Anza professor. Mentor/ Writer. Has published four books of fiction, and poetry.

Dave Stearns
Rotarian. Resident of ‘The Forum’ retirement home. Could help organize an event there.

David Colby
Member of Write to the End at IHOP. Writes fantasy fiction. Sometimes free lances as typist and editor.

David Eisbach.

Organizer of San Jose Poetry Festival 2016.

David Perez
Former Santa Clara County PL. Professor of English at Ohlone College. Author of Love in a Time of Robot Apocalypse. Could be invited to give a reading. Very good rapport with audience. Always enjoyable to hear him.

Debbie Vanni
On Poet Laureate Selection Committees. Teaches English with a lot of work on poetry at Homestead High.

Dennis Norren
Works with Edwin Markham House at San Jose History Park.

Dennis Whittaker
State Farm Insurance Agent. Potential sponsor. Philanthropist.

Diana Ding
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78 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 President of her own TV broadcast corporation, Ding Ding TV. Rotarian.

Diane McNutt
Silicon Valley Reads coordinator, a county program.

Deidre Alexander
Attended Amanda’s Poetry Memoir Class spring 2016.

Dolly Sandoval
Former Mayor. A teacher in Los Gatos, math/science. Could be an advocate.

Donna Austin
A community leader. Former Library Foundation member.

Dorothy Stow
Former Mayor. Rotarian. On Historical Society Board and West Valley Community Services
Elaina Kyrouz
Amanda’s friend. Attended Amanda’s Poetry Memoir Class spring 2016.

Elizabeth Bartholomew
Children’s librarian at Cupertino Library. She invited Amanda to work on a Circuit Poetry program for kids. The kids wrote poems, learned how to make a circuit with copper wire and LEDs, then pasted their poem over a card with the circuit to illuminate their words.

Eno Schmidt
President of the Cupertino Library Foundation Board. Gives PL the honorarium.

Erica Goss
Second PL of Los Gatos. Creator of a video poetry summer workshop for girls, which she co-taught with David Perez.

Esther Kamkar
Amazing poet. Member of the Waverley Writers group of Palo Alto. See estherkamkar.com. She could perhaps give a reading. Very good reader.

Eva Kashkooli
Attended Amanda’s Poetry Memoir Class spring 2016.
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79 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Flash Fiction Forum
A monthly performance of short fiction, short memoir, and narrative or spoken word poetry held at the Works Gallery in San Jose. Lita Kurth is an organizer.

Flo Oy Wong
Cupertino Poet. Member of NW YMCA poetry group. Attended Amanda’s Poetry Memoir Class spring 2016.

Gabriela Banks.

Stephanie Mulligan’s friend. Memoirist. Attended Amanda’s Poetry Memoir Class spring 2016.

Gail Hugger
Historian of Cupertino. On the board of the History Museum. Cupertino Historical Society.

Gayle Schultz
Fiction Writer. Often writes fantasy fiction. Member of Write to the End group at IHOP.

Attended Amanda’s Poetry Memoir Class spring 2016.

Gene Lee
Member of Waverly Writers. Attended Amanda’s Poetry Memoir Class spring 2016.

George Tyson
President of West Valley Community Services. Rotarian.

Gilbert Wong
President (or recent past President) of the Asian American Business Council. Rotarian.

Supports the Poet Laureate program.

Gloria Barnes
Flo Oy Wong’s friend. A memoirist. Attended Amanda’s Poetry Memoir Class spring 2016
Heather Borbeau
Mission Pie Poets. Political journalist. Could be invited to give a reading. Reads all over the country.

Helene Davis
President of the board of the Cupertino Historical Society 1131
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80 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Hung Wei
Community Leader. Rotarian. President of the Fremont Union High School Foundation.

Jade Bradbury
Leslie Hoffman’s friend. Poet. Met at FFF October 2015. Attended Amanda’s Poetry Memoir Class spring 2016.

Janki Chokshi
Fine Arts League of Cupertino, Board Member and Current President.

Jennifer Swanton Brown
Second CPL. Friend. Mentor. Educator with California Poets in the Schools.

Jerry Liu
Vice President of the Cupertino Library Foundation Board. President of library commission.

Jing Jing Yang
Poet. Attended Amanda’s Poetry Memoir Class spring 2016.

Jim Walker
Past President of the Rotary. Philanthropist.

Josh Wilson
Mission Pie Poet. (San Francisco writers’ group. Amanda’s friend.) Judy Wilson
President of Rotary 2016-17. Parks & Rec commissioner
Kathleen McClung
Mission Pie Poet. Teaches at Skyline Community College and the Writing Salon of San Francisco. Could give a reading. Super talented. Also organizes an annual sonnet contest called the Soul-Making Keats Literary Competition.

Karla Valente
Works with Larry Wray to support Schola Cantorum and its poetry contest Kathy Stakey
President of The Friends of the Cupertino Library, a non-profit that provides funds for many wonderful library projects. Sponsoring organization of the Poet Laureate program, along with Cupertino Library Foundation and City of Cupertino.

Keiko O’Leary
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81 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Editor, Thinking Ink Press. Member/facilitator of Write to the End. Author of a post card story from Thinking Ink Press. Attended Amanda’s Poetry Memoir Class spring 2016.

Kevin Gunn
PL of Livermore. Longtime English Teacher at Livermore High School. Just published a book with Finishing Line Press called Hey, Yard Duty, Johnny Said the ‘F’ Word! Kim Worrall
Rotarian. Philanthropic toward community-based projects. Married to Chris Worrall, a member of the Knights of Malta. She is a Dame of Malta.

Kristi Myllenbeck
Writer with Cupertino Courier. Interviewed Amanda December 28, 2015.

Larry Wray
Member of Schola Cantorum. Organizer of high school poetry contest for MV and LA students. Amanda was judge June, 2016.

Lee Rossi
Poet met at Willow Glen Library. Friend of Peter Carroll.

Leslie Hoffman
Friend of Dennis Norren and Jade Bradbury. Met at FFF.

Lita A. Kurth
Co-organizer of FFF with Tania Martin. Attended one or two meetings of Amanda’s PMC spring 2016.

Marcela Griffin
Poet whom Amanda met at Erica Goss’ Poetry Kitchen. Published a photo & poetry book about the seashore, Reflections by the Shore.

Mary-Marcia Casoly
Organizer of Waverley Writers. Sends out newsletters about local writing events Matt Lorenzo
Teen Librarian at Cupertino library. He has opened and closed for us. Ask him ahead of time! Matt Wilson
Editor and reporter for Cupertino Courier.

Maw Shein Win
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82 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Mission Pie Poets. Author of ruins of a glittering palace. Berkeley. Burmese Writers organizer.

Mei Huey Huang
Editor for Chinese News, paper and online presence.

Mission Pie Poets
An unofficial writers’ group of Amanda’s friends. They are some talented people who might be invited to give readings. Maw Shein Win, Heather Bourbeau, Kathleen McClung, Josh Wilson, Christopher Cook.

Nellie Wong
Poet. Sister of Flo Oy Wong. Flo says she might be available to give a poetry reading.

Nidhi Mathur
Web Specialist at City of Cupertino. Manages the City website. Cupertino Scene connection.

Nils Peterson
First SC County PL. Author of four volumes of poetry Much beloved and admired.

Could give an excellent reading!
Orrin Mahoney
Former Mayor. Works on the Library Foundation Advisory Council. Works on the Stocklmeir House project.

Parthenia Hicks
First Los Gatos PL. Would be available to give a reading. Very kind and helpful.

Patty Clark
Fiction writer. Attended Amanda’s Poetry Memoir Class spring 2016.

Pearl Cheng
President of the Board of Supervisors, De Anza and Foothill Colleges Peter Carroll
Poet I met at Willow Glen Library. Teaches at Stanford.

Richard Lowenthal
On Library Foundation Advisory Council. A Rotarian
Ron Miller
Leader of NW YMCA poetry group. Founding member of the PL program. 1134
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83 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Rose Grymes
Member of the Library Commission. Also on Library Foundation Board. Works at Ames Research.

Roslyn Donald
Acting Community Librarian
Roz Davis
Member of The Friends of the Cupertino Library
Ruth Littmann-Ashkenazi
Member of Write to the End at Cupertino IHOP. Author of “Wild Hair,” a snap book from Thinking Ink Press. Met at FFF in October 2015.

Sal Pizzaro
Columnist for San Jose Mercury News. Column is “About Town.” Sally Ashton
Second SC County PL. Met at David Perez’s reading of three SC County Laureates.

Host of Laureate Salon.

Sam Rao
Editor of Sing Tao Daily.

Savita Vaidhyanathan
Vice Mayor of Cupertino. Likes Poetry.

Schola Cantorum
An adult choral group in Los Altos. Held its first poetry contest for high school students in 2016. The winner will have his or her poem set to music. Amanda, Dave, and Jennifer judged the contest. Larry Wray and Karla Valente organized it.

Sherri Rose-Walker
Organizer of a poetry reading series at Florey’s Books Company in Pacifica.

Stephanie Mulligan
Amanda’s friend. Has a child at Christa McAuliffe School. Could probably connect you with someone there if you’d like to be a visiting poet. Attended Amanda’s Poetry Memoir Class spring 2016.

Stephanie Pressman
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84 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 Winner of Dave Denny’s Cupertino poetry contest. Amanda read with her and JSB at an event of Dave’s.

Steve Ting
On Library Foundation Advisory Council.

Sue Semans
Attended Amanda’s Poetry Memoir Class spring 2016.

Tania Martin
Co-organizer of FFF with Lita Kurth.

Tanu Wakefield
Belmont PL. Gave a reading in Cupertino on June 3, 2016, at Amanda’s invitation.

Organized a poetry contest with Belmont Library. Works at Stanford Humanities Center and also teaches with California Poets in the Schools.

Tina Ferguson
Head of Sales for KRTY radio. Posts PSAs for us.

Tom Izu
Head of the California History Museum at De Anza. On the Advisory Council of the Library Foundation. Bev says he would like to be more involved in the town.

Video Poetry
A newer creative genre combining poetry and images in short films. Erica Goss knows a lot about this. She and David Perez organized a workshop for teen girls summer 2015.

Waverley Writers
A writers’ group that meets at the Unitarian Church in Palo Alto on the first Fridays of all months except July and August. Welcoming. Not a critique group. Good place to share poems, make friends, and attend readings with guest poet readers.

Willow Glen Poets
A writers’ group that meets on the third Thursdays of each month at the Willow Glen Library in San Jose. Hosts readings with guest poets. Open mic opportunities. Excellent place to meet people involved in the local scene.

Write to the End
A writers’ group that meets at IHOP in Cupertino. Many fiction writers, but all forms are 1136
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85 ©2016 All rights reserved. The information contained herein is current as of 06/30/16 welcome. Some core members are Keiko O’Leary, Betsy Miller, David Colby, Gayle Schultz, Anthony Francis, and Ruth Littmann-Ashkenazi.

Addendum #22 Ideas for Poetry Activities
(see hard copies)
# # #
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Full Name
Keiko O'Leary
Residential Address
City
Campbell
State
California
Zip code
95008
Daytime Phone
Evening Phone
Email
Resident/Employer
Resident
Employer
Cupertino Address
I am at least 21 years old
Yes
I am an active poet and have been published or been publicly recognized for my contributions to poetry
Yes
I am the sole creator of the attached poems
Yes
I am a resident or currently employed in Cupertino for at least 2 consecutive years
Yes
I am comfortable speaking in public. If speech impaired, I may delegate reading tasks to qualified speaker
Yes
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Keiko O’Leary
www.KeikoOLeary.com
Objective
• To serve as the Poet Laureate of Cupertino for the 2023-2025 term.

Selected Publications
• Your Writing Matters: 34 Quick Essays to Get Unstuck and Stay Inspired, Thinking Ink Press, August 2022 • “Magnetic Charging Cable,” Cæsura, 2021
• “The Real Willie Blake,” FICTION Silicon Valley, November 2016 • “White Mice” short story on a postcard, Thinking Ink Press, 2015 • “Give the Gift of Unconditional Love: Write,” My Kitchen Table, 2013 Performances
• Cupertino Poet Laureate events, invited speaker
o Multilingual Prose & Poetry Night, May 2018
o Community Poetry Night, various
• Play On Words San José
o “Recipe for Hamburgers, 1985,” performed by Francheska Loy, June 2021 o “The Golden Beauty of Carlina Johansen, Author of Milliner’s Dreams” performed by Alex Draa, January 2016.
• Flash Fiction Forum, selected reader
o “Through the Missing Brick,” February 2022
o “Chemistry Class,” January 2019
o “Decisions of Great Pith and Moment,” March 2017
Writing Activities and Memberships
• Founder and organizer, Write to the End writing group, 2004-present www.WriteToTheEnd.com • Member, Poetry Center San José, 2004-present www.PCSJ.org • Co-founder and editor, Thinking Ink Press, 2014-present www.ThinkingInkPress.com • Advisory board member, Prolific Writers Life, 2021-present www.ProlificWriters.life Experience
• Assisted Cupertino Poets Laureate Ann Muto and Kaecey McCormick in various projects, including:
o Designing and binding a poetry collection for Cupertino McClellan Ranch Preserve Library o Instructing and assisting participants to create their own handbound poetry books o Facilitating feedback groups for poetry revision
o Organizing a multilingual poetry event conceptualized by Jing Jing Yang • Taught a year-long series of poetry workshops at the Sunnyvale Library, including topics such as understanding poetry, editing poetry, reciting poetry, and writing haiku as a mindfulness practice.

Honors
• Keynote speaker at the one-year anniversary celebration of the multilingual poetry journal Tsmadim, 2020 • Served on the panel of judges for Barnes & Noble Stevens Creek poetry contest, 2006 Languages
• Fluent in English and Spanish
Education
• Bachelor of Arts in Linguistics and Computer Science, University of California, Santa Cruz, 2000 1140
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More stuff I could use instead
• Wrote poetry on demand at Anne and Mark’s Art Party, September 2016 • Mentored seventh grade writers at Discovery Charter School, 2021-2022 • Competent in Italian
• Basic knowledge of Klingon
• Spoke about writing groups at Barnes & Noble Educator Reception, 2006 • “Ghost Window,” October 2020 Flash Fiction Forum
•
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Keiko O’Leary 18 lines
Rorschach Moon
The moon today: a half moon, like poster paint on butcher paper, not a half circle, but this more organic shape,
like it’s trying to be a circle but failing.

It’s like this next card the doctor shows me: multicolored, complex, chaotic, not symmetrical. “What might this be?”
It looks like a dragon, like a tree on roller skates,
like anything you want, but I stop saying more possibilities because I’ve been trained to be polite, and unending
creativity is not polite. What do they diagnose
about people who don’t stop,
who misunderstand the test as an invitation
to see anything they want, keep on
seeing things, more things, forever, because really you can, can’t everyone? But I know
how to be polite: “How many do you want me to see?”
The corner of his smile moves. “As many as you see.”
I assess his face. “Those are the main ones.” He takes
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Keiko O’Leary 18 lines
Reading Alturas de Macchu Pichhu
Neruda addresses
the stone city as a person:

He subido hasta ti.

I read in my lowest voice,
Alex’s head on my shoulder,
his hands limp and forgotten in his lap,
his eyes closed. He looks like a child,
his cheek round and smooth,
like leavened bread,
his face open.

Our unused wine glasses shine
in Neruda’s light:

Rosa de piedra; pan de piedra.

Alex’s real name
is Alejandro. He remembers Spanish
only as a sound, the echo
of his grandmother’s voice:

Santa María, madre de Dios, ruega por nosotros.

He begs me to read out loud to him
And not tell him what it means.
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Keiko O’Leary 29 lines
Recipe for Hamburgers, 1985
Get the teriyaki sauce from the fridge.

Only Mom knows how to make the teriyaki sauce, and
Only with her special container.

Form the ground beef into patties.

Only Mom knows how to make the teriyaki sauce,
And she calls the ground beef “hamburger.”
Place the patties on the baking pan,
already covered in tinfoil.

Mom calls the ground beef “hamburger,”
And the teriyaki sauce has no sugar.

All baking pans are already covered in tinfoil:

All meat is teriyaki, except for fish.

The teriyaki sauce has no sugar.

Mom grates ginger and garlic; pours sherry and shoyu.

All meat is teriyaki, except for fish.

Mom knows the proportions, measured by the container.

Mom grates ginger and garlic; pours sherry and shoyu.

Pour teriyaki sauce on the patties until it’s enough.

Mom knows the proportions, measured by the container.

The kids from school eat hamburgers at McDonald’s.

Pour teriyaki sauce on the patties until it’s enough.

Bake the patties until they’re done.

The kids from school eat hamburgers at McDonald’s.

Remove from oven. Serve with rice.
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Keiko O’Leary 37 lines
Chemistry Class
Walt Barstow sat next to me in chemistry class.
“Sure, there’s a cross on the wall,” said Mr. Pangburn, “but God created electrons and protons, and
neutrons, each after its kind. And He created
magnesium, which burns so bright you can’t look at it,
and sodium, which we can’t have at school because
it could explode. And He set the atoms in the heavens
and on earth to combine according to His eternal
purpose, with nothing wasted, the great mathematics
of His will made rock and leaf and star.”
Every day Walt’s amber curls combined with his eternal face.

His mechanical pencil made magic runes on ruled pages,
balanced acids and bases, his eyes so bright I couldn’t look at them.

Instead I watched Mr. Pangburn as he illustrated
the sharing of electrons to bring forth something new. I knew the feeling of everything canceling out, neutralizing into salt, like the sparkling titration that one day happened in Walt’s mind, the sudden swirling chemicals that made
him speak in rhyme, proclaim that he would save
us, that the angels were communicating through a wire in his brain.

His mother wasn’t home the day
the angels told him to sacrifice himself.

He called 911. He knew
at least that much, that day,
that the voices were molecules,
that he had to pick up the phone.

A week later it wasn’t the same:
the angels spoke, he listened, that was all.

The next day in class, we sat in our ordered rows,
Walt’s desk empty next to me, the periodic
table of the elements staring down from the wall
like some science-y version of the Ten Commandments,
telling us what could and couldn’t be.
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To Whom It May Concern
I am writing to recommend Keiko O’Leary for the position of Cupertino Poet Laureate (CPL) I have known Keiko O’Leary for 6 years ever since I met her in the Poetry Memoir Workshops presented by my predecessor Amanda Williamson (3 d Cupertino CPL). She was such a regular participant, I thought she was a Cupertino resident. When I became the 4 Cupertino CPL, Keiko assisted me to plan and implement some of my objectives as CPL.

The following are specific projects that we completed together:
• Creation of individual handmade poetry memoir books for participants to take home at the end of the series of workshops.
• Design of and completion of the binding for the nature poem anthology “gifted” to the Cupertino McClellan Ranch Preserve Library. The anthology expressed the gratitude of the CPL program to the Preserve staff for leading nature walks and for the sharing of classroom space.

Keiko has always been generous with her time and talents. There is no doubt in my mind that she would be an excellent addition to the list of dedicated poets who have served as Cupertino Poets Laureate.

Please do not hesitate to contact me at or if you have any further questions or requests.

Regards,
Ann Muto
Past Cupertino Poet Laureate (2016-2017)

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Cupertino Poet Laureate program
May 27, 2022
Dear Cupertino Poet Laureate Representative,
Keiko and I met at one of her Thinking Ink Press events in San Jose in 2015. Since then we have continued to bump into each other when we were leading and participating in various writing workshops and events. We were destined to become colleagues. I was impressed with Keiko’s talent and invited her to lead writing workshops for Prolic Writers Life (PWL), a company I founded in 2019.

Keiko has been leading PWL virtual workshops for writers since July 2020. She has a following of peers who show up for anything she oers because they know how much wisdom and creativity she has to oer. I recall one of her haiku workshops where she gave everyone a taste of haiku and then provided guidance on how we could write our own haikus. And we did. And it was surprising how fun it was. Keiko enjoys teaching and learning, and she knows how to make it engaging for everyone involved. She knows how to break things down into manageable steps so that everyone can follow along.

Having witnessed rsthand Keiko’s writing ability, teaching talent, and publishing expertise, I can say with conviction that she’s one of the most talented authors I know. She has natural talent and she’s a lifelong learner always on the lookout for ways to improve her craft. She keeps her skills sharp and up to date, not because she has to, but because she wants to. She has top-rate writing, communication, and teaching skills.

Keiko is delightful. She knows how to deal with various personalities. I’ve personally witnessed her working with writers of all genres, as well as eccentric experts in the writing industry. Despite what’s going on, she remains tactful, professional, and calm.

As the Founder of Prolic Writers Life, I can attest that we would not have achieved our current level of success without Keiko on our advisory board. She is a valued asset and is likewise well qualied for the Cupertino Poet Laureate position. Keiko demonstrates exibility and resourcefulness in helping us accomplish our goals and moving targets. She’s a team player. I tell Keiko often how much I love working with her because it’s the truth.

I highly recommend Keiko for the Cupertino Poet Laureate position. I guarantee she’ll exceed your expectations.

Sincerely,
Lorraine Haataia
Lorraine Haataia, Ph.D.

Founder, Prolic Writers Life
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CITY OF CUPERTINO
Agenda Item
22-11278 Agenda Date: 8/16/2022
Agenda #: 18.

Subject: Consideration of an award of a construction contract for the 2022 Pavement Maintenance Phase 1 - Project No. 2022-104.

1. Award a construction contract for the 2022 Pavement Maintenance Phase 1 Project;

2. Authorize the City Manager to execute a contract in the amount of $1,791,791.91 with G. Bortolotto & Company, Inc.; and

3. Authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $179,179.00 for a total authorized contract amount of $1,970,970.91.

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CITY COUNCIL STAFF REPORT
Meeting: 8/16/2022
Subject
Consideration of an award of a construction contract for the 2022 Pavement Maintenance Phase 1 – Project No. 2022-104.

Recommended Action

1. Award a construction contract for the 2022 Pavement Maintenance Phase 1 Project;

2. Authorize the City Manager to execute a contract in the amount of $1,791,791.91 with G. Bortolotto & Company, Inc.; and

3. Authorize the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $179,179.00 for a total authorized contract amount of $1,970,970.91.

Discussion
On July 26, the City of Cupertino received eight bids for the 2022 Pavement Maintenance Phase 1 Project. This project provides asphalt overlay on 10 streets throughout the City and asphalt digout repairs on various streets and park pathways. A list of these streets is included in Attachment A. The majority of these streets are in residential neighborhoods and are in poor condition. The following is a summary of bids deemed responsive.

Bidder Bid Amount
G. Bortolotto & Company, Inc. $1,791,791.91
JV Lucas Paving, Inc. $1,828,974.50
Engineers Estimate $1,850,000.00
ASG Builders $1,862,139.00
Joseph J Albanese, Inc. $1,935,173.85
Roadway Construction, Inc. $1,943,510.00
O’Grady Paving, Inc. $2,047,733.00
Radius Earthwork Inc. $2,097,683.02
Granite Rock Company $2,286,784.00
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Sustainability Impact
Maintaining and preserving the local streets and road systems in good condition will reduce drive time and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing. This leads to reduced vehicle emissions, helping the City achieve air quality and Greenhouse Gas emission reduction goals.

California Environmental Quality Act (CEQA)
This item is exempt from CEQA under 14 C.C.R. Sections 15301(c), repair and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

Fiscal Impact
Award of this project will result in a fiscal impact up to $1,970,970.91. Sufficient funds are available in account 270-85-821 900-921 (Capital Outlay Pavement Maintenance.) No further appropriations are needed.
_____________________________________
Prepared by: Jo Anne Johnson, Project Manager
Reviewed by: Matt Morley, Director of Public Works
Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

A – 2022 Pavement Maintenance Phase 1 Project Street List B – Draft Contract
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2022 PAVEMENT MAINTENANCE PHASE 1 ATTACHMENT A

STREET LIST

STREET NAME FROM TO TREATMENT

FLORA VISTA AVE GREENLEAF DR GARDENA DR OVERLAY

GRENOLA DR ANN ARBOR AVE FLORA VISTA AVE OVERLAY

TAMARIND CT FLORA VISTA AVE END OVERLAY

RODRIGUES AVE DE ANZA BLVD TORRE AVE MILL & FILL

DAVISON AVE GLENVIEW AVE EAST ESTATES DR OVERLAY

EAST ESTATES DR STEVENS CREEK LA MAR DR OVERLAY

GLENVIEW AVE EAST ESTATES DR LA MAR DR OVERLAY

PINEVILLE AVE LA MAR DR GLENVIEW AVE OVERLAY

RICHWOOD DR VICKSBURG DR MILLER AVE OVERLAY

OAK VALLEY RD CRISTO REY DR JUNIPER CT OVERLAY

LIBRARY PARKING LOT DIG OUT REPAIRS

FARIA SCHOOL DIG OUT REPARIS

STEVENS CREEK BLVD DIG OUT REPAIRS

CANYON OAK WAY DIG OUT REPAIRS
S. TANTAU AVE DIG OUT REPAIRS

HOMESTEAD RD DIG OUT REPAIRS

PROPSECT RD DIG OUT REPAIRS

CREEKSIDE PARK PATHWAY REPAIRS
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ATTACHMENT B – DRAFT CONTRACT
2022 Pavement Maintenance Phase 1
Project # 2022-104
2021 Form CONTRACT

Contract
This public works contract (“Contract”) is entered into by and between City of Cupertino (“City”) and G. Bortolotto & Company Inc. (“Contractor”), for work on the 2022 Pavement Maintenance Phase 1 Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On August 16, 2022, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: Caltrans Standard Details, City Standard Details, Typical Sections

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. Contractor agrees to carry out its work in compliance with any applicable local, State or Federal order regarding COVID-19.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $1,791,791.91 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 45 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of 1152
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ATTACHMENT B – DRAFT CONTRACT
2022 Pavement Maintenance Phase 1
Project # 2022-104
2021 Form CONTRACT

unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Public Works Department
10300 Torre Ave
Cupertino, CA 95014
408-777-3245
Attn: Jo Anne Johnson
[email protected]
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ATTACHMENT B – DRAFT CONTRACT
2022 Pavement Maintenance Phase 1
Project # 2022-104
2021 Form CONTRACT

Copy to: pwinvoices
[email protected]
Contractor:

Name:_G. Bortolotto & Co., Inc.

Address:582 Bragato Road
City/State/Zip:San Carlos, CA 94070-6227
Phone: (650) 595-2591
Attn: Robert Bortolotto
Email: [email protected]
Copy to:

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313. 1154
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ATTACHMENT B – DRAFT CONTRACT
2022 Pavement Maintenance Phase 1
Project # 2022-104
2021 Form CONTRACT

The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/ s/
Name, Title Name, Title
Date: Date:

Attest:
s/
Name, Title
Date:

CONTRACTOR:

Business Name
s/ Seal:

Name, Title
Date:

Second Signature (See Section 12.8):
s/
Name, Title
Date:

Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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CITY OF CUPERTINO
Agenda Item
22-11330 Agenda Date: 8/16/2022
Agenda #: 19.

Subject: Consider authorizing an increase in the total contract amount with Granite Rock Company for the Memorial Park Ponds Repurposing Project (Project 2022-03) for removal of concrete ponds at Memorial Park.

Authorize the Director of Public Works to execute any necessary change orders for an additional construction contingency amount of $250,000 and increase the authorized contract amount to a not to exceed total of $1,706,627.70 to Granite Rock Company.

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CITY COUNCIL STAFF REPORT
Meeting: August 16, 2022
Subject
Consider authorizing an increase in the total contract amount with Granite Rock Company for the Memorial Park Ponds Repurposing Project (Project 2022-03) for removal of concrete ponds at Memorial Park.

Recommended Action
Authorize the Director of Public Works to execute any necessary change orders for an additional construction contingency amount of $250,000 and increase the authorized contract amount to a not to exceed total of $1,706,627.70 to Granite Rock Company.

Background
The original project scope includes removing approximately 71,000 square feet of existing concrete pond lining, backfilling and grading the area, modifying the park irrigation system, and installing landscaping, turf, and minor paving. The project was designed to minimize the need to rework and remove the improvements constructed, preparing the site for any future initiatives, while enabling the community to utilize the area more immediately.

On June 7, the City Council awarded a construction contract with Granite Rock Company in the amount of $1,324,207.00 and authorized the Director of Public Works to execute any necessary change orders, up to the construction contingency amount of $132,420.70, for a total authorized contract amount of $1,456,627.70.

Discussion
Upon removing the concrete pond liner, the Contractor discovered an intact second layer of concrete approximately two feet below the top liner layer. While preliminary investigations showed portions of the pond having a second layer, these investigations did not reveal the full extent of this layer. The removal of both layers of concrete is needed to address drainage and provide a clean foundation for future changes. The estimate for the additional work, including removal and restoration of the surface due to the additional depth of the excavation, is approximately $250,000, to be paid by unit costs as established by the contract documents. The current project budget has the necessary funds to cover this additional work, and approval of the recommendation 1157
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would increase the contract amount with Granite Rock Company to facilitate the unforeseen additional work.

Sustainability Impact
No sustainability impacts. This project is exempt from the California Environmental Quality Act (CEQA) under 14 C.C.R. Sections 15301 (l)(4), 15304(a).

Fiscal Impact
No fiscal impact. This action does not require additional funds. The Fiscal Year 2022- 2023 Capital Improvements Program Budget includes the Memorial Park Repurposing Project (budget 280-99-254,) which has adequate funding to cover the change order.

The existing project contingency utilized to date includes removal and disposal of asbestos pipe materials uncovered during demolition. No budget adjustment is necessary.
_____________________________________
Prepared by: Ayano Hattori, Project Manager
Reviewed by: Matt Morley, Director of Public Works
Reviewed and Approved for Submission by: Dianne Thompson, Acting City Manager Attachments:

None
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CITY OF CUPERTINO
Agenda Item
22-11346 Agenda Date: 8/16/2022
Agenda #: 20.

Subject: Consider conducting a second reading of an Ordinance amending Municipal Code Section 2.88.100 (Audit Committee - Duties-Powers-Responsibilities)
Conduct the second reading and enact Ordinance No. 22-2243: “An Ordinance of the City Council of the City of Cupertino Amending Municipal Code Section 2.88.100: Audit Committee - Duties-Powers-Responsibilities.” Presenter: Thomas Leung, Senior Management Analyst
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1 ORDINANCE NO. 22-________________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING MUNICIPAL CODE SECTION 2.88.100: AUDIT COMMITTEE – DUTIES–POWERS–RESPONSIBILITIES
The City Council of the City of Cupertino finds that:

1. In 2021, the Audit Committee and City Council approved a Fraud, Waste, and Abuse Program as part of the FY 2021-22 internal audit work plan.

2. The City’s Internal Auditor, in conjunction with City staff, has developed a Fraud, Waste, and Abuse Program and will be preparing quarterly Fraud, Waste, and Abuse Program reports to facilitate transparency and oversight.

3. To improve transparency and provide oversight of the Fraud, Waste, and Abuse Program, the City Council desires to amend Section 2.88.100 of the Municipal Code to expand the Audit Committee’s duties to include the review of quarterly Fraud, Waste, and Abuse Program reports.

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

SECTION 1. Adoption.

Cupertino Municipal Code Section 2.88.100 is hereby amended as set forth below:

2.88.100 Duties–Powers–Responsibilities
The powers and functions of the Audit Committee shall be as follows:

A. To review the annual audit report and management letter; B. To recommend appointment of auditors;
C. To review the monthly Treasurer’s report;
D. To recommend a budget format;
E. To review City investment policies and internal controls of such policies; F. To recommend appointment of internal auditors;
G. To review internal audit reports.

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2 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.

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 City Code would have no or only a de minimis impact 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.

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3 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.

INTRODUCED at a regular meeting of the Cupertino City Council on July 19, 2022 and ENACTED at a regular meeting of the Cupertino City Council on August 16, 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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CITY OF CUPERTINO
Agenda Item
22-11327 Agenda Date: 8/16/2022
Agenda #: 21.

Subject: Approve the July 1, 2022 through June 30, 2025 Memorandum of Understanding setting the salary and terms and conditions of employment for the Operating Engineers Local No. 3 Union, AFLCIO (OE3).

1. Adopt Resolution 22-101 amending the Memorandum of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) based on the attached tentative agreements;

2. Adopt Resolution 22-102 to approve budget modification 23-232, increasing budget appropriations by $471,742 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contract; and

3. Approve the corresponding Salary Schedule for OE3 employees effective July 1, 2022.

Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Page 1 of 1 Printed on 8/11/2022
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CITY COUNCIL STAFF REPORT
Meeting: August 16, 2022
Subject
Approve the July 1, 2022 through June 30, 2025 Memorandum of Understanding setting the salary and terms and conditions of employment for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3).

Recommended Action

1. Adopt the Draft Resolution 22-XXX amending the Memorandum of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) based on the attached tentative agreements;

2. Adopt Resolution 22-XXX to approve budget modification 23-232, increasing budget appropriations by $471,742 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contract; and

3. Approve the corresponding Salary Schedule for OE3 employees effective July 1, 2022.

Description
The City has reached a tentative agreement with the Operating Engineers Local No. 3 Union, AFL-CIO (OE3). The negotiated package is within City Council parameters for the Fiscal Years (FY) 2022 ‐ 2025. Key provisions of the tentative labor agreements are summarized below:
 Term – 3 years, July 1, 2022 through June 30, 2025
 Cost of Living adjustments (COLAs): 5.0% in year one; for years 2 and 3 of the MOU, Operating Engineers Local No. 3 Union, AFL-CIO (OE3) has agreed to reopen negotiations concerning COLAs for FY23-24 and FY24-25  A one-time $3,800 non-pensionable lump sum payment in recognition of employees’ contributions throughout the COVID-19 pandemic  Adding Juneteenth as a paid holiday starting in 2023.  Clarifying the bereavement leave section to provide consideration of the death of an individual not listed above and whom they have a close and significant 1164
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relation with and allowance of up to 40 hours of leave based on Human Resources Department's approval
 Equity increase to the City Sponsored Recreation and Wellness Programs (Rec Bucks) from $400 to $500 per employee per year to be at the same level as other represented and unrepresented staff
Title 2 of the California Code of Regulations, section 570.5, requires that the pay schedule of every CalPERS agency be approved and adopted by the agency's governing body pursuant to public meeting law. The City's Salary Schedule for OE3 employees is attached for the Council's review and approval, effective July 1, 2022.

Fiscal Impact
The City will incur an additional cost of $471,742 in the first year (FY2022-23) for OE3 employees. The total additional cost for CEA, OE3, Unrepresented, and Appointed employees is $2,372,559. A budget adjustment for increased costs in the first year is recommended. At the time of the adopted budget, costs related to the labor contracts were unknown and not included in the adopted budget.

Prepared by: Vanessa Guerra, Human Resources Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments:

A - MOU- OE3 2022-2025 CLEAN
B - MOU- OE3 2022-2025 Redline
C - OE3 Side Letter Agreement 11-30-21 – signed
D - 2022-07-18 Side Letter Agreement – Healthcare
E - 2022-07-18 Side Letter Agreement - Lump Sum
F - 2021-04-20 Final OE3 POP Plan Side Letter Agreement G - Draft Resolution amending the OE3 MOU
H – Draft Resolution for budget modification 23-232 OE3 1165
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1 MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
Operating Engineers Local No. 3 Union, AFL-CIO
July 1, 2022 - June 30, 2025
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2 Table of Contents
Category Section Page Number
Definitions 1 4
Union Recognition 2 5
No-Discrimination 3 5
Representation Rights 4 5
Union Rights 5 6
City Rights 6 7
Permanent Transfers 7 8
Notification of Proposed Change 8 8
Hours of Work: Overtime 9 8
Compensation for Services 10 10
Public Employees Retirement Contribution 11 15
Health and Welfare Benefits 12 16
Insurance 13 16
Paid Absences 14 17
Sick Leave Conversion 15 23
Safety Equipment 16 24
City Sponsored Recreation & Wellness Programs 17 25
Training and Tuition Reimbursement 18 25
Stretch Assignments 19 27
Performance Evaluations 20 29
Workers’ Compensation Benefits 21 29
Disciplinary Action 22 29
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3 Layoff Procedure 23 30
Reinstatement 24 31
Grievance Procedure 25 31
Impasse Procedure 26 33
Separability 27 33
Ratification 28 34
Reopener 29 34
Term 30 34
Compensation Survey 31 34
Hourly Salary Ranges with Salary and Equity
Adjustments included in the ranges
Exhibit A 35
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4 MEMORANDUM OF UNDERSTANDING
Between

CITY OF CUPERTINO
And
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO
Recital:

The City and the Membership represented by Operating Engineers Local Union 3 (OE3) wish to formalize a relationship which will survive differences in interests, endure changes in leadership, and extend beyond legal and contractual requirements based on the following principals:

In our relationship, we understand and accept that a high degree of trust is essential. Therefore, we will focus on developing and maintaining trust.

We will promote and expand communications between the parties and recognize active listening as a major component of communications. We will avoid sending ambiguous or mixed messages.

We will always consult before deciding on matters which may have a major impact on the other party.

Term of Agreement:

This is a three (3) year agreement, entered into the 1st day of July, 2022 between the City of Cupertino, hereinafter referred to as "City", and the Operating Engineers Local Union No. 3, AFLCIO, hereinafter referred to as "Union", sets forth the agreement resulting from the meet and confer bargaining process between the two parties concerning the wages, hours, and other terms and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive representative. This agreement represents the full entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral.

General Provisions
SECTION 1: DEFINITIONS

1.1 City – the City of Cupertino, a municipal corporation

1.2 Union – the Operating Engineers Local Union No. 3

1.3 Employee – All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. 1169
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5 SECTION 2: UNION RECOGNITION
Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized by the City as the exclusive representative of the employees within the Public Works Unit consisting of the following classifications as well as any new classifications which may be appropriate for this unit as determined by the Administrative Services Director:
 Lead Equipment Mechanic
 Equipment Mechanic
 Maintenance Worker I
 Maintenance Worker II
 Maintenance Lead
 Street Lighting Worker

2.1 The City shall promptly notify the Union of its decision to implement any and all new classifications pertaining to work of a nature performed by employees in the bargaining unit.

SECTION 3: NO-DISCRIMINATION
In accordance with the City of Cupertino Equal Opportunity in Employment Policy, Part II, OTHER Citywide Policies, Section 1. EQUAL OPPORTUNITY IN EMPLOYMENT, City of Cupertino Administrative Rules and Regulations of the Personnel Code, the City will afford equal employment opportunity to all qualified employees, applicants and unpaid interns as to all terms and conditions of employment, including compensation, hiring, training, promotion, transfer, discipline, and termination, without regard to race, color, sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, age, medical condition, genetic information or characteristics, disability, Association activity, or any other basis protected by law.

SECTION 4: REPRESENTATION RIGHTS

4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise of representation under Section 3502 of the Government Code.

4.2 Business Representatives of the Union may have reasonable access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all stages of disciplinary action.

4.3 The Union, as a recognized employee organization, may select not more than two employee members of the organization to attend scheduled meetings with City representatives on subjects within the scope of representation during regular work hours without loss of compensation. For contract negotiations, the Union may select not more than six employee 1170
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6 members to attend bargaining sessions. Where circumstances warrant, Human Resources may approve the attendance of additional employee representatives without loss of compensation, at either labor negotiations or Labor Management Committee meetings. The Union shall submit the names of the employee representatives to Human Resources in advance of such meetings.

In addition to his/her regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum.

Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum.

The Union may designate a reasonable number of employees to represent other employees in disciplinary or grievance matters and to investigate matters within the scope of representation. The Union shall provide written notice to the City of the designated stewards and shall notify the City of any changes to the list. Stewards shall conduct their representation activities on their own time and on the employee’s own time unless it is an emergency situation, which would still require approval from the appropriate supervisor or manager in order to leave the job site. Time off without loss of compensation shall be allowed for management-approved meetings. Unless authorized, only one steward shall be released on work time to attend such meetings for any one grievance, discipline, or representation matter.

Membership meetings, organizing activities, membership campaigns, or dues collecting by the Union or their representatives on City premises or at work locations/sites during regular hours of work shall not be permitted. Representatives of the Union shall be granted reasonable access to employee work locations to investigate matters relating to employeremployee relations, unless such access to given work locations would constitute a safety hazard or would interfere with the operations of the City. Representatives of the Union shall not enter a work location without first advising the department head or the Human Resources office.

4.5 The City and the Union desire to work towards a good working environment which includes productivity and respect for each individual regardless of classification or representation.

SECTION 5: UNION RIGHTS

5.1 The City and the Union recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall discriminate against an employee in the exercise of these alternative rights.

Accordingly, membership in the Union shall not be compulsory. 1171
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7 The Union shall provide the City with a thirty-day advance written notice of any changes in the annual deduction amounts for Union Dues. The Union, Operating Engineers Local #3, shall provide the City with instructions regarding dues deductions to be remitted to, Operating Engineers Local #3.

Upon certification by the Union that an employee has signed a deduction authorization, the City will deduct the appropriate dues from the employee’s pay, as established and as many be changed from time to time by the Union, and remit such dues to the Union. Employee requests to cancel or change deductions must be directed to the Union rather than to the City. An employee wishing to cancel or change deductions must mail a written revocation to the Union in accordance with the terms of the authorization form, or absent any such terms, by mailing a written revocation to the Union that is postmarked during the thirty (30) day period immediately prior to the annual anniversary date on which the employee signed the original authorization form. Deductions will continue unless and until the City is notified by the Union of any requested changes.

The Union shall indemnify and hold the City harmless from any and all claims, demands, suits, or any other action arising from the maintenance of dues deductions of from complying with any demand for termination hereunder, provided that the City promptly provide notice to the Union of any claim, demand, suit, or other action for which it is seeking indemnification.

The Union shall certify to the City of Cupertino that it has received and will maintain an authorization, signed by each individual employee from whose salary or wages a deduction or reduction is to be made. The Union will maintain individual employee authorizations, and shall not be required, to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Union shall indemnify the City for any claims made by an employee for deductions made in reliance on that certification.

SECTION 6: CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of services; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

The City shall have the right to furlough employees subject to meet and confer with the Union regarding the impact of the decision to furlough. 1172
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8 The City shall give forty-five (45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union.

SECTION 7: PERMANENT TRANSFERS
Employees shall be notified in writing of any permanent transfer from one division to another ten (10) working days prior to the effective date.

SECTION 8: NOTIFICATION OF PROPOSED CHANGE
City agrees to serve written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters within scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice.

In cases of emergencies when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice of meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, and resolution regulation consistent with the agreement.

SECTION 9: HOURS OF WORK: OVERTIME

9.1 Hours of Work Defined
Hours worked shall include all time not under the control of the employee whether such hours are worked in the City’s work place, or in some other place where the employee is carrying out the duties of the City.

The normal work week shall be 40 hours in seven days with two consecutive days off.

Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be approved in advance by the Department Head. The City reserves the right to re-evaluate such approvals if the Alternate Work Schedule results in an undue burden to the City.

9.2 Schedules
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9 It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours of work will be made after ten (10) working days prior notice.

Volunteers will be sought for any change in regular work hours. If there are no volunteers, the regular employee with the least seniority will be assigned for a maximum of twelve months. The city will attempt to make four-month assignments when possible.

Non-emergency work will not be scheduled for a weekend when either Friday or Monday is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.)

9.3 Rest Periods
Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. Employees may not combine lunch and break times unless with prior departmental approval as a result of operational needs. Break times should be taken at the worksite assigned or in the event there is no restroom facilities is available then to the closest location where a city restroom facilities is available. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken.

9.3.1 Clean Up Period
At the end of each work period, up to 20 minutes paid clean up time will be provided to employees. Longer periods, when approved by the Supervisor, will be allowed depending on the work activities of the work period.

9.4 Overtime
Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week.

Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed.

9.5 Payment of Overtime
All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee’s scheduled vacation shall be considered to be overtime and paid accordingly.

9.5.1 Meal Periods
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10 A paid meal period and a $12 meal allowance shall be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime work, a paid meal period and a $12 meal allowance shall be provided. A meal period shall be 40 minutes.

9.6 Compensatory Time Off
At the employee’s discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees, who have previously earned CTO, shall be allowed to schedule CTO at the employee’s discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing.

CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. An employee may carry over the unused balance into the next calendar year. Any unused carryover balance will be automatically paid out at the end of the calendar year.

An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash.

9.7 Leave Accruals
An employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period.

SECTION 10: COMPENSATION FOR SERVICES

10.1 Salary Range
a. Monthly salary ranges as listed on Exhibit A will apply for each classification effective at the beginning of the pay period in which July 1 occurs unless otherwise noted below.

5.4 Effective the first full pay period after July 1, 2022, a 5.0% salary increase will be added to the salary range of each classification in this bargaining unit.

The parties further agree to reopen wage negotiations for FY23-24 and FY24-25 upon the California Department of Tax and Fee Administration’s (CDTFA) completion of the sales tax review, but in no event later than March 1, 2023. The union may propose changes to salary steps, deferred compensation and special skills compensation as part of the wage reopener discussion. 1175
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11 a. Differentials as listed in Section, 10.8 Special Skills Compensation, will apply for each classification working in the Weekend Work Furlough Program.

10.2 Bilingual Pay Differential
An employee who speaks another language other than English while performing their assigned duties involving contact with members of the community and who passes the required language proficiency test(s), will be eligible to receive a 7.5% bilingual pay differential only for the work time during which the employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum.

In order to be eligible for Bilingual Pay, the Department Head must certify that the employee has a need to use his/her bilingual skills in communicating with members of the community.

10.3 Acting Pay/Out-of-Class

10.3.1 Acting Pay
Temporary assignment, approved in advance by the Department Head, to a classification in a higher pay grade not defined by this agreement, shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. In order to qualify for Acting Pay, an employee shall work a minimum of eight (8) hours per day in the temporary position.

An employee may receive acting pay for working in a higher classification where a vacancy does not exist, in the case of an incumbent being on vacation or leave of absence, or due to the employee being asked to perform higher level work on any other temporary basis.

Acting pay is not included for purposes of calculating CalPERS compensation.

10.3.2 Out-of-Class
An employee may be assigned to work out of class in a higher classification when there is a vacant position for which a recruitment is being, or will be, conducted. Out-of-class assignments may not exceed 960 hours in a fiscal year. Compensation for work performed in an out-of-class capacity is included for purposes of calculating CalPERS compensation, however, this is at the discretion of CalPERS and future changes to CalPERS regulations would supersede the language of this section.

The higher rate of pay shall be used in computing overtime when authorized overtime is worked in a non-exempt, out of class or acting work assignment. When a non-exempt employee is working out of class or acting in an exempt position for 20 hours or more in a work week, the employee will be ineligible to receive overtime pay for any and all hours worked in the exempt classification during that work week. 1176
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12 All requests for out of class pay or acting pay must be approved by the Director of Administrative Services or his/her designee. No increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification.

10.4 Standby Compensation
Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated $300.00 per 128 hours so assigned during the term of this agreement.

Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in an area that provides a response time of 30 minutes or less.

10.5 Callback Pay
If any employee is called or required to report for assigned emergency or other duties during the period of the close of the regular work day and the start of the next following work day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of the period the employee is required to be available at the work station, and for travel time in connection therewith to and from the employee's customary residence at one and onehalf (1 1/2) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half (1 1/2) times the normal rate of pay.

10.6 Mileage Reimbursement
Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS.

10.7 Probationary Period/Salary Advancement
The probationary period shall be twelve months of paid employment. Employees will advance to the next step of the salary range upon successful completion of the probationary period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation) and are scheduled annually thereafter.

10.8 Special Skills Compensation
A wide variety of work, requiring specialized skills, is completed by employees of the Service Yard. Position classifications require experience and certification commensurate to the skills required in each separate Division. The following establishes certification, experience and additional compensation for eligible employees. Certifications not listed 1177
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13 here, but required of the job specifications, are considered incidental and not eligible for special skill compensation.

Special Skills Title Job related Certification
Needed
Experience
Needed
% Over
Base
Salary
Environmental Compliance
– Stormwater
Certified Erosion, Sediment,
and Storm Water Inspector in
training (CESSWI-IT)
certificate (full stature
CESSWI desired) as issued by
the Envirocert International.

Current primary employee
assigned these special skills as
of June 30, 2013 is
grandfathered in. All other
Employees shall have one year
from the initial appointment to
obtain the CESSWI-IT
certificate while performing
this special skill.
2 yrs @
MWII

7.5%
Environmental Compliance
-Materials
Attainment of:

Hazwoper Operations Level
California underground Storage
Tank System Operator
Title 22 Hazardous Waste
Management/DOT training.

Certification of achievement in
Environmental Compliance &
Pollution Prevention with a
minimum of 26 units
completed desired
2 yrs @
MWII

7.5%
Concrete/Asphalt Certified Public Infrastructure
Inspector certificate as issued
by the American Public Works
Association desired
2 yrs @
MWII

7.5%
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14 Current primary employee
assigned these special skills as
of June 30, 2013 is
grandfathered in.

All other employees shall have
one year from the initial
appointment to obtain the
Certified Public Infrastructure
certificate while performing
this special skill.

Welding American Welding Society
Certificate or equivalent
certificate.

7.5%
Spraying Qualified Applicator
Certificate categories B, C or F

7.5%
Class B License CA Class B Driver’s License 7.5%
Back Flow Backflow Prevention Assembly
Tester Certificate as issued by
the American Water Works
Association

7.5%
Weekend Work Furlough Program Administrative Crew Leader Assistant Crew Leader
WWFP – Responsible
“Meal periods are paid for the
Administrative Crew Leader
and Assistant Crew Leader.”
10%

7.5%

5.0%
Eligible employees receive compensation incentive pay for only actual hours worked. To be eligible for special skill pay, experience and certificates must be current, with written documentation on file with the Human Resources Department. Special skill compensation shall be determined and approved in advance by the Supervisor in writing.

10.9 Licenses/Certification Pay
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15 Any employee who possesses a commercial driver’s license with and remains current on the State DOT Drug Program will receive an additional Seventy-five ($75) dollars per pay period additional compensation above and beyond all other certification pay.

10.10 Deferred Compensation
City will contribute the amount of $15.00 per bargaining unit member per pay period, effective the first full pay period following adoption of the MOU by the City Council.

10.11 Weekend Work Furlough Program
Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perform clean-up type duties for all divisions.

Affected Employees:

1. All permanent employees hired on or after January 1, 2006 and assigned to the Trees/ROW Division may be required to participate in the Weekend Work Furlough Program (WWFP or “Program”) and will be required to maintain their annual training provided by the County Sheriff.

2. Participation by employees in all other Divisions will be on a voluntary basis.

3. Employees that volunteer for training in the Program may be required to participate in the Program and shall maintain their annual training.

4. Employees shall be notified in writing of a schedule change and/or a regular assignment to the WWFP Program ten (10) working days’ prior to the effective date.

5. When an assignment in WWFP becomes vacant, any OE3 member is able to request for a transfer to work WWFP.

10.12 Flexible Staffing – Maintenance Worker I/II
An employee shall be eligible to advance from Maintenance Worker I (MWI) to Maintenance Worker II (MWII) after three years of better than satisfactory service as a Maintenance Worker I with the City of Cupertino or the equivalent, with the recommendation of the Department Head and when all MWII job specification requirements are met.
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16 SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION A. Employees hired on or before December 29, 2012 Only.

For employees hired by the City of Cupertino on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 retirement 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 on 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 on 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 based on a three year average compensation.

Effective the first full pay period after Union ratification and adoption of this MOU by the City Council, 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 who do not qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62 formula, based on a three year average compensation.

Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

SECTION 12: HEALTH AND WELFARE BENEFITS
The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and 1181
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17 Welfare Trust Fund for Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System.

For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement.

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
Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for any employees.

Effective July 1, 2010, employees that retire or resign from service with the City of Cupertino and who are not eligible for retiree medical benefits, as defined in the summary of benefits, can continue on the Cupertino medical and dental plans provided that they pay the premiums in full.

Dental Coverage: Effective the first month after OE3 ratification and Council adoption of MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

SECTION 13: INSURANCE

13.1 Long Term Disability
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. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period.

13.2 Life Insurance
The City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of five times the annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy.

13.3 Vision Care Insurance
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18 The City provides Vision Care Insurance for employees and their dependents at a cost of $19.16 monthly.

SECTION 14: PAID ABSENCES

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

1. New Year’s Day 11. Christmas Eve

2. Martin Luther King Day 12. Christmas Day

3. Presidents’ Day 13. New Year’s Eve

4. Memorial Day

5. Juneteenth

6. Independence Day

7. Labor Day

8. Veteran’s Day

9. Thanksgiving Day

10. Day Following Thanksgiving
When a holiday falls on a Sunday, the following Monday shall be observed as the nonwork day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day.

Nothing contained herein shall preclude the right of the Department Head, with the approval of the appointing authority, to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments.

14.1.1 Holiday Pay
In order for an employee to receive his/her regular pay for a holiday or designated nonwork day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non- work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes.
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19 14.2 Floating Holiday Leave
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (1) hour. Floating holiday leave shall be earned at a rate of .77 hours per paid period. Floating holiday leave may be accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval.

14.3 Vacations
All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. Accrued vacation may be taken with prior supervisory approval.

Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned.

Represented employees may convert, on a twice per calendar year basis, unused vacation time for payment subject to the following conditions:

1. The employee must have accrued vacation of at least 120 hours.

2. Any payments made for unused vacation will be subject to all appropriate taxes.

3. Minimum exchange will be 8 hours; maximum exchange will be 80 hours.

4. All changes are irrevocable.

14.3.1 Vacation Accrual Rate
Benefited full-time employees accrue vacation in accordance with the following schedule.

Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis.

Service Time Annual Accruals Maximum Accrual
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20 0 - 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours
10 – 14 Years 160 Hours 272 Hours
15 – 19 Years 176 Hours 320 Hours
20 + Years 192 Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.

14.3.2 Full vacation leave shall be taken at one time by any one employee whenever possible.

Vacation requests must be approved by employee supervisor in advance in writing. The time during the calendar year at which an employee shall take his/her vacation shall be determined with due regard for the wishes of the employee and particular regard for the needs of the service. Vacation leave of less than the full amount earned may be taken with the approval of the Supervisor.

14.3.3 On termination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence.

14.3.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week.

14.4 Sick Leave
All full time employees hired before October 17, 2012, (other than those holding temporary status), shall earn eight (8) hours per month sick leave time without limit on accumulation.

All employees hired on or after October 17, 2012 shall earn eight (8) hours per month sick leave time, but may accrue no more than 240 hours of sick leave time.

Those regular employees working less than full time (at least 20 hours per week) shall earn a prorated amount of sick leave based on their regular hours worked in relation to 40 hours.

Employees absent without pay for any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. Sick leave may be utilized due to the employee’s personal illness, pregnancy disability or sickness or injury to the immediate family as defined below.
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21 With proper notice and supervisory approval, except in a case of bon-a-fide injury or illness and/or unforeseen emergency, sick leave shall be taken in periods of no less than one-half (1/2) hour increments.

The employee’s immediate family consists of any of the following: Children, step-children, spouse/domestic partner, parents, mother-in-law, father-in-law, siblings, grandchildren and grandparents who because of illness cannot care for themselves, and for medical emergencies. Employees shall, whenever possible, make appointments for medical, dental and similar purposes during non-work hours. If this is not possible, sick leave may be used for these purposes.

An employee hired on or after October 17, 2012 may borrow up to 40 hours of sick leave, subject to Department Head approval for sick time related to an industrial disability. The employee will be required to repay this advance either in sick or vacation leave hours or dollars, at the employee’s option, upon returning to work as defined in the sick leave advance policy. If an employee separates employment prior to repayment of the full balance due, the amount due will be deducted from their final pay.

14.5 Sick Leave Verification
A Department Head or supervisor may require employees to furnish reasonable acceptable evidence, including a doctor’s certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor’s certificate or other form of verification where leave abuse is suspected.

If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal.

14.6 Personal Leave
The City shall allow accumulated sick leave to be used for conducting personal business which cannot be conducted outside regular working hours or for family medical emergencies.

14.7 Bereavement Leave
Employees shall be granted paid bereavement leave of up to 24 hours upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother-in-law, father-inlaw, step father, step mother, step brother and step sister. Additional bereavement leave of 1186
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22 up to 16 hours will be granted for travel out-of-state or over 200 miles. An employee may request bereavement leave for the death of an individual not listed above and whom they have a close and significant relation with and/or hours greater than 24, but not more than 40, which Human Resources can grant at their discretion. A denial under this section shall not be subject to the grievance procedure.

14.8 Military Leave
Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of military requirements, to determine when such leave shall be taken.

14.9 Pregnancy Disability Leave:

An employee disabled by pregnancy is eligible for up to four months of unpaid pregnancy disability leave (PDL) as defined by law. This leave is to be used when the employee is disabled due to pregnancy or child birth or related medical condition, including but not limited to, morning sickness, pregnancy complications and prenatal appointments.

Accrued sick leave may be used during the leave, and the employee has the option to use accrued vacation, floating holidays and/or compensatory time in order to receive pay during the leave. If the employee is also eligible for leave under the Federal Family Medical Leave Act (FMLA), (employee must be employed by the City for at least one year and have worked at least 1250 hours during the year preceding the leave), the leave the employee takes for pregnancy disability will be run concurrently with the employee’s entitlement to up to 12 weeks of FMLA leave. Employees otherwise eligible for health insurance benefits (medical, dental and vision) will continue to receive such benefits during the period of the PDL leave up to four months as defined by law per 12 month period.

After PDL and FMLA leave, if applicable, expires and if the employee is on unpaid status or the employee has less than 20 hours per week on their timesheet, the employee may elect to continue and enroll in COBRA benefits at employee’s expense.

The employee will be accruing sick leave, floating holiday and vacation leave during the period of time, if any, and the employee is on paid status. Any time the employee’s hours adjust to less than 40 hours per week, of paid status, the employee’s accrual rates (sick leave, vacation leave, floating holiday) will be prorated and be adjusted accordingly. Sick leave, floating holiday and vacation leave do not continue to accrue during any period the employee is on unpaid status.

Under the California Family Rights Act (CFRA) eligible employees are entitled up to 12 additional weeks of leave to bond with the baby. To be eligible for the CFRA bonding leave, employee must be employed by the City for at least one year and have worked at least 1250 hours during the year preceding the leave. The leave is unpaid, but the employee may use floating holiday, compensatory time and vacation leave in order to receive pay during the leave. The employee may use sick leave for a baby’s illness or doctor’s 1187
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23 appointment when applicable to receive pay during the leave. Bonding leave must be used within one year of the birth of the baby.

An employee who plans to take PDL must give reasonable notice (not less than 4 weeks if anticipated or as soon as possible if the leave is unforeseen) before the date employee expects to take the leave. As with all other employees returning from medical leave, employees returning from PDL leave of at least 3 days are required to provide a doctor’s note clearing them to return to work. If an employee requires reasonable accommodations as a result of pregnancy, employee should consult with Human Resources. Employees disabled by pregnancy and employees on leave to bond with a baby may be eligible for benefits under State Disability Insurance. Additional information is available at www.edd.ca.gov/Disabililty and from Human Resources.

14.10 Adoption Leave
Upon request, a leave of absence without pay for up to four (4) work weeks will be granted to adoptive parents. Such leave must be used within one year of the adoption. The city will pay health and welfare benefits for the duration of the leave at the same rate as prior to the leave, consistent with the contributions as provided for under the existing MOU.

If the employee is eligible for FMLA/CFRA (employed by the city for at least one year and worked at least 1250 hours during the year preceding the leave), employee may be eligible for up to 12 work weeks total (the above four (4) work weeks plus an additional eight (8) work weeks) for bonding with the adopted child during the first year after adoption. The employee may be eligible for health benefits during the twelve (12) work week period at the same rate as prior to the leave as provided for under the existing MOU.

During adoption leave, accrued vacation may be used by the employee at his or her option in order to receive pay during the leave. Sick leave may only be used during the leave in the event of illness or medical appointments of the adoptive child during the leave.

14.11 Absence Notification
An employee is expected not to be absent from work for any reason, other than personal illness, without making prior arrangements with their supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must notify their supervisor by telephone, text, or email of their reason for being absent no later than 15 minutes prior to their scheduled start time.

If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made.

Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the Department Head. In the absence of such disciplinary action, any employee who 1188
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24 absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head by a following grant of leave with or without pay when extenuating circumstances are found to have existed.

14.12 Catastrophic Leave
The City's catastrophic leave committee will establish a definition of catastrophic or lifethreatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further documentation from the treating physician to determine the applicant’s eligibility for catastrophic leave hours.

Vacation hours and compensatory time off (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. Upon retirement or resignation, an employee can contribute up to 10 hours of sick leave provided that the employee has a minimum of 320 hours of sick leave, which has previously become vested.

All benefited employees with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Personnel Officer when applying for funds.

A recipient must have used all of their available leave hours before he/she is eligible. The maximum amount is two months (LTD becomes available at this time).

14.13 Family Medical Leave Act/California Family Rights Act The City of Cupertino shall comply with the leave provisions of the Family Medical Leave Act and the California Family Rights Act for employees who qualify for leave under these laws.

SECTION 15: SICK LEAVE CONVERSION

15.1 Sick Leave is not vested under California statutory law.

15.2 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee’s base hourly rate.

15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for up to eighty-five percent (85%) of the value of the incentive compensation bank.
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25 15.4 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for up to seventy percent (70%) of the value of the incentive compensation bank.

15.4. a. Employees shall have the option of cashing out sick leave in accordance with Section 15 - Sick Leave Conversion. Any employee who is retiring will have the option of applying any remaining sick leave to service credit. If an employee is resigning, he/she will not have the option of applying sick leave hours to service credit.

15.5 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis only if the employee’s remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave for four hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours.

As a condition of converting sick leave to vacation, all employees will be required to use at least one-half (1/2) of vacation accrued during the previous twelve (12) months.

Such conversions, either to exchange sick leave for vacation or vice versa, shall be subject to the following conditions:
a. All requests to exchange sick leave for vacation time shall be submitted in writing to the Department Head at least 14 calendar days in advance of intended vacation utilization.
b. The granting of such exchange and subsequent use will be at the discretion of the Department Head.
c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time.

Regularly accrued vacation time will not be eligible for this re- conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee.

NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented.
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26 SECTION 16: SAFETY EQUIPMENT
The City will pay for actual cost of Safety Shoes up to $400 from City approved vendor list. City will be billed directly from vendor, and any overages would be covered by the employee.

The City shall retain the right to establish minimum safety and quality standards for the steel toed safety shoes, clothing and safety equipment to be used while performing assigned tasks.

The city will provide to the employee the following: hard hat, safety glasses, ear protection, gloves, chain saw slip-on foot protection for employees who operate chain saws, orange safety tee shirts and/or uniform shirts (11), sweatshirts, safety jacket (1 jacket every other year), and rain boots.

The city will continue to provide and launder shirts or overalls, which shall be worn while carrying out the duties of the city.

It is the responsibility of the employee to have the required clothing and/or safety equipment needed for the tasks assigned. If an employee should be at work without the required clothing and/or safety equipment, that employee will not be paid until he/she is at the worksite with the required clothing and/or safety equipment.

Hard hats must be worn when work performed by an employee is equal to, or above his/her eye level.

Steel toed safety shoes must be worn at all times during the workday.

For new employees, the safety and equipment allowance will be prorated from the date of employment through the end of the fiscal year in which appointed (June 30).

The City will pay for prescription safety glasses for those employees needing such protection.

The parties agree to discuss the safety equipment requirements during the first year of this contract at the regular Labor Management meetings in an effort to arrive at a mutually agreeable list of equipment purchases and maintenance.

SECTION 17: CITY SPONSORED RECREATION AND WELLNESS PROGRAMS 1191
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27 All bargaining unit 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 receive up to $500 per employee in Rec Bucks toward recreation services in accordance with the City’s Recreation Buck Policy and 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. They 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.

SECTION 18: TRAINING AND TUITION REIMBURSEMENT
It is the intent of the City to recognize the value of training to its employees and to adopt a training policy which will encourage employees to avail themselves of educational opportunities that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Municipal Service.

Employees who wish to seek reimbursement from the City for City job related training program costs shall provide a written request for reimbursement to their immediate supervisor. The request shall include the type of program, sponsoring organization or institution, meeting times and costs for such program.

A copy of the supervisor’s and superintendent's recommendation to the Department Head shall also be provided to the employee. The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the Department Head for approval or denial.

Once a training program has been approved, any employee covered by this agreement will be eligible for reimbursement of up to $2,500.00 per calendar year for tuition and books for training and education.

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.
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28 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.

18.1 Service Center Safety/Training Committee
The City and the Union agree to form a committee to jointly develop a safety/training program. The committee shall meet monthly and will be responsible for the review, discussion, and recommendations of all matters concerning safety and health, including but not limited to accident investigations, safety surveys, job site inspections, safety audits, training and emergency response roles. The committee shall work to problem solve and formulate recommendations to the appropriate divisions within the Service Center.

Minutes of the meetings shall be taken and will be distributed to all Service Center employees and posted in a conspicuous location(s). The City shall have two members and the Union shall have one member, to be elected by the membership, from each Service Center division.

The City and the Union are committed to a safe working environment, and in pursuit of this shared commitment both sides agree to look at the benefits of implementing a Safety Recognition Program. This effort shall be assumed by the Service Center Safety/Training Committee. Any agreement shall be by consensus between City and Union.

18.2 Labor/Management Committee
The parties agree that regular meetings to explore mutual concerns will be beneficial to the relationship between the City and the Union. To promote a problem-solving approach, the parties agree that decision making shall be cooperative.

Consequently the parties agree to meet monthly to discuss any issue concerning the rights of either party or the relationship between the City and the Union or the City and employees the Union represents. The purpose of the meetings is to exchange information and to solve problems or issues. If the issue is not resolved, it may be placed on the agenda for the next quarterly labor management meeting. The parties may mutually agree to meet less than monthly.

The parties agree that such meetings shall not be negotiations and therefore the results of the meetings shall not be binding on the parties. These meetings are not to act as a substitute for the roles and responsibilities of either a shop steward or other job classifications. The Union shall elect one representative from each division and management may have an equal number of participants on the committee.

SECTION 19: STRETCH ASSIGNMENTS
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29 1.0 Purpose
The City of Cupertino is committed to the professional growth and development of its employees. To further that endeavor, the City has a Succession Development program to prepare current employees for future promotional opportunities within the City. To gain the necessary experience to obtain those much needed job skills, the City believes in the concept of "learning by doing" or "on the job training" which can occur through "stretch assignments."
A Stretch Assignment is a project or task beyond their current knowledge or skills level in order to "stretch" employees developmentally. A Stretch Assignment can also be working in an advanced position in a limited capacity. It is a way to expand an employee's skills and competencies.
[A Stretch Assignment differs from Working Out of Class (WOOC) in that WOOC requires the employee to meet the minimum qualifications of the position. There must be either a vacant budgeted position or a temporary vacancy due to vacation, sick leave, or leave of absence. The person already has the knowledge, skills, education or training needed to perform all the duties and responsibilities of the job].

The assignment may be a limited term of three to six months but may be extended under specific circumstances, as agreed upon by the employee and supervisor, and approved by the Superintendent. It is not to be used as a solution to fill a vacancy or understaffing.

Stretch assignments receive no additional compensation because they are considered training opportunities, unless all conditions of Working out of Class apply. A stretch assignment is completely voluntary and can be terminated by either the employee or supervisor at any time. Should either side wish to terminate the assignment, they shall consult with each other and explain the reason(s) for terminating the assignment.

Stretch Assignments is intended to be a pilot program for 12 (twelve) months after adoption of this agreement. At the completion of the 12 (twelve) month pilot program period, City and OE3 Representatives will meet to discuss converting the pilot program to a permanent status program.

2.0 Procedure
1) Selection Process: Employees may self-identify at any time their desire to have a stretch assignment to their supervisor. A supervisor may also select an employee to participate in a stretch assignment if the employee agrees to an opportunity that the supervisor has identified. Supervisors may identify employees for stretch assignments when discussing future goals during the annual performance evaluation process or in one-on one conversations. It is up to the Supervisor and the Superintendent to determine if there is a stretch assignment available, if the employee has the capacity to take on additional assignments, the operational needs of the department would not be compromised, and it coincides with the employee's professional goals.  There may be no more than one stretch assignment per Division at any one time.  The Public Works Divisions shall be defined as:
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30 o Grounds
o Trees and R/W
o Streets
o Fleet and Facilities
 If there is more than one employee in one Division interested in a stretch assignment at one time, the following criteria may be considered for assignment:
o Time elapsed between Stretch Assignments (Employees that have not had a previous Stretch Assignments shall be considered before those who have) o Interview with Supervisor and Lead staff
o Previous Evaluation Rating
o Seniority
2) The Assignment: The assignment should be suited to the employee's skill set and those that the employee desires to develop. It might be to exchange tasks with a coworker at the same level to gain greater breadth of experience or tasks that would normally be associated with a more advanced position. A stretch assignment could also include training in another Public Works Division or City Department, with agreement by both supervisors and both department Directors. The employee and Supervisor shall identify specific competencies to be developed. The assignment will be mutually agreed upon as well as the desired outcomes.
a. Stretch Assignment in an Advanced Position: When the assignment is in a more advanced position, the employee shall not be expected to perform more than a limited number of duties. This is an opportunity for the employee to gain the skills not associated with their current position.
3) Workload: When performing a stretch assignment, expectations about the employee's current workload will need to be considered. Mutual agreement as to how the employee will modify or incorporate the stretch assignment into their current work must be made. 4) Approval: The Supervisor will fill in the Stretch Assignment form and return it to the Superintendent for approval.
5) Feedback: The employee will receive appropriate training at the beginning of the assignment to allow him/her to learn the task sufficiently to pursue further practice independently, with limited supervision. The supervisor should provide coaching and mentoring to the employee during the assignment. Periodic feedback should occur throughout the stretch assignment. Upon conclusion of the assignment, the supervisor will use the form attached to provide the employee with feedback on the assignment.

The feedback will only be placed in the employees personnel file upon the employee's request.

SECTION 20: PERFORMANCE EVALUATIONS
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31 The purpose of performance evaluations is to have formal communication between supervisor and employee regarding job performance. It is a value to both parties to have this process be meaningful and fair.

In the event that an employee’s performance appears to need improvement, the supervisor should immediately acknowledge the problems in informal or documented oral counseling sessions in a confidential setting. It is not in either the City’s or the employee’s interest to have the feedback delayed until the time of the annual performance evaluation.

Annual performance evaluations will occur no later than 30 days after the due date as set by Human Resources. Division Maintenance Worker III(s) should provide input in conjunction with the employee evaluation process.

SECTION 21: WORKERS’ COMPENSATION BENEFITS
Any employee sustaining an injury arising out of, or in the course of, the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive Workers’ Compensation as prescribed by state law.

21.1 Use of Sick Leave to Supplement Workers’ Compensation Payments Any employee entitled to receive Workers’ Compensation payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. Sick leave hours used will subsequently be credited to the employee's account by dividing the employee's base hourly rate into the amount that the employee would have received in Workers’ Compensation injury pay.

SECTION 22: DISCIPLINARY ACTION
The City has a policy of progressive discipline. When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken.

The first and/or most modest step of progressive discipline in the case of minor breaches of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an infraction notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months. 1196
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32 Should the offense, in the judgment of the supervisor, be so serious or be of a continuous nature, the supervisor shall recommend more serious reprimand measures or disciplinary action to the Superintendent. These measures would include, but not be limited to, written reprimands, suspensions and termination.

Written reprimands shall be destroyed after three (3) years if requested in writing by the employee and provided the offense has not re-occurred.

When the disciplinary action recommended by the supervisor, and with the concurrence of the Superintendent, would impact "property rights" of the employee as defined by the courts of California, it shall be referred to the Director of Public Works.

A written notice from the Director of Public Works to the employee and the Union at least ten (10) working days prior to any action, shall state the proposed disciplinary action. The notice shall also contain:
a. effective date and time of the proposed action
b. the alleged reason for the proposed action
c. the acts or omission which support the allegation
d. the materials upon which the allegation(s) are based and access to any other related items
e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of the proposed action; and the employee’s right of appeal
f. a statement that the action will become final if the employee fails to respond to the notice within the specified time
It is understood that an employee’s request for a Skelly meeting will postpone the effective date of action until the Skelly has been heard and the City has responded to issues raised in the Skelly meeting. In this case the effective date will be ten (10) working days from the Director’s response.

SECTION 23: LAYOFF PROCEDURE
The appointing authority may layoff employees for lack of funds, lack of work or for other similar and just cause. The appointing authority will identify the classification(s) subject to layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be considered the same classification. Part-time employees shall be released from City service prior to any layoff of regular, full-time employees in the same classification.

Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority, based on the date of the appointment to the classification. If an employee 1197
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33 separates from City employment for a period of more than 30 days, the time off from City employment shall be deducted from an employee’s length of service for the purpose of determining seniority.

Employees being laid off shall be entitled to placement in a lower classification; provided (a) the employee was previously employed with regular status having completed the probationary period in that lower classification and (b) the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lower classification shall be entitled to placement in the lower classification, subject to conditions (a) and (b) listed in this section.

The City will provide a 30 day notice to any employees identified for layoff. Such notice will include the employee’s rights to placement in a lower classification pursuant to this section. Medical, dental, vision, and life insurance continue through the end of the month in which the layoff is effective. In addition, the employee will be provided with an opportunity to elect to enroll in COBRA medical, dental, and/or vision coverage at the time of layoff and at employee expense.

The names of the employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten (10) business days to a written notice of such opportunity for reinstatement shall cause that name to be removed from the recall list. Such notice shall be sent by certified or registered mail to the address of the employee on file with the City. The affected employees shall be responsible for updating the City of any change in address during the time they are on the recall list.

SECTION 24: REINSTATEMENT
With the approval of the appointing authority, a regular or probationary employee who has resigned with a good record or been recalled from a layoff action may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable classification they previously occupied. Upon reinstatement, the employee, for all purposes, shall be considered as though they had received an original appointment.

SECTION 25: GRIEVANCE PROCEDURE
Definition and Procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner:
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34 Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor within ten (10) business days of the occurrence of the dispute, who is designated for this purpose by the City.

The supervisor shall give the employee an oral answer within ten (10) business days after such presentation.

Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within ten (10) business days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The written grievance shall contain a complete statement of the facts, the provisions or provisions of this Agreement or work rules which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within ten (10) business days with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached, the supervisor or other person designated for this purpose shall provide the employee a written answer within ten (10) business days following their meeting.

Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's Department Head within ten (10) business days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The Department Head shall discuss the grievance within ten (10) business days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the Department Head shall give the City's written answer to the employee within ten (10) business days following their meeting.

Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) business days after the decision is provided at the third step.
1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) business days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) business day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator.
2) The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives.
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35 3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel.
4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later.
5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing.
6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses.

Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement.

The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised.

The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only.

SECTION 26: IMPASSE PROCEDURE
The following procedures, shall apply in the event the parties are unable to resolve and impasse satisfactorily:

26.1 Impasse
A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted.

Any party may initiate the impasse procedure by filing, with the other party (or parties) affected, a written declaration of impasse. Once a party has initiated the impasse procedure, the parties shall comply with the requirements of California Government Code sections 3505.2, 3505.4, 3505.5, 3505.7, as well as any other applicable sections of the California Government Code and applicable PERB regulations.
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36 B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable accordance with the California Government Code sections 3505.2, 3505.5, and any applicable regulations.

SECTION 27: SEPARABILITY
In the event any provisions of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement.

SECTION 28: RATIFICATION
Nothing contained in this agreement shall be binding upon either the City or the Union following signing of this agreement by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City.

SECTION 29: REOPENER
During the term of this Agreement, upon request by the City or OE3, the City and Union will meet and confer over proposed revisions to the City’s Administrative Rules and Regulations to the extent that the proposed revisions fall within the statutory scope of bargaining.

SECTION 30: TERM
This agreement shall be effective commencing the first full pay period after Union ratification and adoption by the City Council ending at 11:59 p.m. on June 30, 2025. 1201
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37 SECTION 31: COMPENSATION SURVEY
Management and OE3 agree to a compensation survey database structure which identifies specific benchmark classifications for job families, classifications within the job families of each benchmark classification, survey agencies and survey classification matches. The City will provide OE3 representatives notice of the survey and an opportunity to meet with the City in advance of the commencement of the survey to allow the parties to discuss survey methodology. Survey Cities include:

1. Campbell

2. Los Altos

3. Los Gatos

4. Menlo Park

5. Milpitas

6. Morgan Hill

7. Mountain View

8. Palo Alto

9. San Mateo

10. Santa Clara

11. Saratoga

12. Sunnyvale

13. 14.

The survey data is intended to provide a source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other public employers. The City will update the survey database and send a copy to OE3 six weeks before expiration of this agreement. This survey data will be considered in successor agreement negotiations.
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35 EXHIBIT A: HOURLY SALARY RANGES
Salary Effective First Full Pay Period in July 2022, , retroactive to the first full pay period of July 2022 Classification Step 1 Step 2 Step 3 Step 4 Step 5
EQUIPMENT MECHANIC $41.97 $44.07 $46.27 $48.58 $51.01
LEAD EQUIPMENT MECHANIC $46.27 $48.58 $51.01 $53.56 $56.24 MAINTENANCE WORKER I $31.14 $32.70 $34.34 $36.06 $37.86 MAINTENANCE WORKER II $36.06 $37.86 $39.76 $41.74 $43.85 MAINTENANCE WORKER III $41.74 $43.85 $46.04 $48.36 $50.78 STREET LIGHT WORKER $42.15 $44.26 $46.47 $48.79 $51.23
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35 CITY OF CUPERTINO OPERATING ENGINEERS, LOCAL 3
_________________________________ _________________________________ Christopher Boucher Michael Moore
_________________________________ _________________________________ Kristina Alfaro Kevin Green
_________________________________ _________________________________ Vanessa Guerra Sean Filbeck
_________________________________ _________________________________ Dianne Thompson Andrew Schmitt
_________________________________ _________________________________ Adrian Sanchez
_________________________________ _________________________________ Michael Kimball
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1 MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
Operating Engineers Local No. 3 Union, AFL-CIO
July 1, 202219 - June 30, 20252

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2 Table of Contents
Category Section Page Number
Definitions 1 4
Union Recognition 2 5
No-Discrimination 3 5
Representation Rights 4 5
Union Rights 5 6
City Rights 6 7
Permanent Transfers 7 8
Notification of Proposed Change 8 8
Hours of Work: Overtime 9 8
Compensation for Services 10 10
Public Employees Retirement Contribution 11 16
Health and Welfare Benefits 12 16
Insurance 13 17
Paid Absences 14 18
Sick Leave Conversion 15 24
Safety Equipment 16 25
City Sponsored Recreation & Wellness Programs 17 26
Training and Tuition Reimbursement 18 26
Stretch Assignments 19 28
Performance Evaluations 20 30

Workers’ Compensation Benefits 21 30

Disciplinary Action 22 30

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3 Layoff Procedure 23 31

Reinstatement 24 32

Grievance Procedure 25 32

Impasse Procedure 26 34

Separability 27 35
Ratification 28 35
Reopener 298 35

Term 30 35
Compensation Survey 31 35

Hourly Salary Ranges with Salary and Equity
Adjustments included in the ranges Exhibit A 37

Equity Adjustment OE3 Classifications Exhibit B 38

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4 MEMORANDUM OF UNDERSTANDING
Between

CITY OF CUPERTINO
And
OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO
Recital:

The City and the Membership represented by Operating Engineers Local Union 3 (OE3) wish to formalize a relationship which will survive differences in interests, endure changes in leadership, and extend beyond legal and contractual requirements based on the following principals:

In our relationship, we understand and accept that a high degree of trust is essential. Therefore, we will focus on developing and maintaining trust.

We will promote and expand communications between the parties and recognize active listening as a major component of communications. We will avoid sending ambiguous or mixed messages.

We will always consult before deciding on matters which may have a major impact on the other party.

Term of Agreement:

This is a three (3) year agreement, entered into the 1st day of July, 20192022 between the City of Cupertino, hereinafter referred to as "City", and the Operating Engineers Local Union No. 3, AFLCIO, hereinafter referred to as "Union", sets forth the agreement resulting from the meet and confer bargaining process between the two parties concerning the wages, hours, and other terms and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive representative. This agreement represents the full entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral.

General Provisions
SECTION 1: DEFINITIONS

1.1 City – the City of Cupertino, a municipal corporation

1.2 Union – the Operating Engineers Local Union No. 3

1.3 Employee – All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. 1208
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5 SECTION 2: UNION RECOGNITION
Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized by the City as the exclusive representative of the employees within the Public Works Unit consisting of the following classifications as well as any new classifications which may be appropriate for this unit as determined by the Human ResourcesAdministrative Services Director:
 Lead Equipment Mechanic
 Equipment Mechanic
 Maintenance Worker I
 Maintenance Worker II
 Maintenance Worker IIILead
 Street Lighting Worker

2.1 The City shall promptly notify the Union of its decision to implement any and all new classifications pertaining to work of a nature performed by employees in the bargaining unit.

SECTION 3: NO-DISCRIMINATION
In accordance with the City of Cupertino Equal Opportunity in Employment Policy, , Part II, OTHER Citywide Policies, Section 1. EQUAL OPPORTUNITY IN EMPLOYMENT, City of Cupertino Administrative Rules and Regulations of the Personnel Code, the City will afford equal employment opportunity to all qualified employees, applicants and unpaid interns as to all terms and conditions of employment, including compensation, hiring, training, promotion, transfer, discipline, and termination, without regard to race, color, sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, age, medical condition, genetic information or characteristics, disability, Association activity, or any other basis protected by law.

SECTION 4: REPRESENTATION RIGHTS

4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise of representation under Section 3502 of the Government Code.

4.2 Business Representatives of the Union may have reasonable access to any employee or employees presenting a grievance and employees have the right to have the Union Business Representative represent him or her at all stages of disciplinary action.

4.3 The Union, as a recognized employee organization, may select not more than two employee members of the organization to attend scheduled meetings with City representatives on subjects within the scope of representation during regular work hours without loss of compensation. For contract negotiations, the Union may select not more than six employee 1209
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6 members to attend bargaining sessions. Where circumstances warrant, Human Resources may approve the attendance of additional employee representatives without loss of compensation, at either labor negotiations or Labor Management Committee meetings. The Union shall submit the names of the employee representatives to Human Resources in advance of such meetings.

In addition to his/her regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum.

Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum.

The Union may designate a reasonable number of employees to represent other employees in disciplinary or grievance matters and to investigate matters within the scope of representation. The Union shall provide written notice to the City of the designated stewards and shall notify the City of any changes to the list. Stewards shall conduct their representation activities on their own time and on the employee’s own time unless it is an emergency situation, which would still require approval from the appropriate supervisor or manager in order to leave the job site. Time off without loss of compensation shall be allowed for management-approved meetings. Unless authorized, only one steward shall be released on work time to attend such meetings for any one grievance, discipline, or representation matter.

Membership meetings, organizing activities, membership campaigns, or dues collecting by the Union or their representatives on City premises or at work locations/sites during regular hours of work shall not be permitted. Representatives of the Union shall be granted reasonable access to employee work locations to investigate matters relating to employeremployee relations, unless such access to given work locations would constitute a safety hazard or would interfere with the operations of the City. Representatives of the Union shall not enter a work location without first advising the department head or the Human Resources office.

4.5 The City and the Union desire to work towards a good working environment which includes productivity and respect for each individual regardless of classification or representation.

SECTION 5: UNION RIGHTS

5.1 The City and the Union recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall discriminate against an employee in the exercise of these alternative rights.

Accordingly, membership in the Union shall not be compulsory. 1210
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7 The Union shall provide the City with a thirty-day advance written notice of any changes in the annual deduction amounts for Union Dues. The Union, Operating Engineers Local #3, shall provide the City with instructions regarding dues deductions to be remitted to, Operating Engineers Local #3.

Upon certification by the Union that an employee has signed a deduction authorization, the City will deduct the appropriate dues from the employee’s pay, as established and as many be changed from time to time by the Union, and remit such dues to the Union. Employee requests to cancel or change deductions must be directed to the Union rather than to the City. An employee wishing to cancel or change deductions must mail a written revocation to the Union in accordance with the terms of the authorization form, or absent any such terms, by mailing a written revocation to the Union that is postmarked during the thirty (30) day period immediately prior to the annual anniversary date on which the employee signed the original authorization form. Deductions will continue unless and until the City is notified by the Union of any requested changes.

The Union shall indemnify and hold the City harmless from any and all claims, demands, suits, or any other action arising from the maintenance of dues deductions of from complying with any demand for termination hereunder, provided that the City promptly provide notice to the Union of any claim, demand, suit, or other action for which it is seeking indemnification.

The Union shall certify to the City of Cupertino that it has received and will maintain an authorization, signed by each individual employee from whose salary or wages a deduction or reduction is to be made. The Union will maintain individual employee authorizations, and shall not be required, to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Union shall indemnify the City for any claims made by an employee for deductions made in reliance on that certification.

SECTION 6: CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of services; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

The City shall have the right to furlough employees subject to meet and confer with the Union regarding the impact of the decision to furlough. 1211
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8 The City shall give forty-five (45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union.

SECTION 7: PERMANENT TRANSFERS
Employees shall be notified in writing of any permanent transfer from one division to another ten (10) working days prior to the effective date.

SECTION 8: NOTIFICATION OF PROPOSED CHANGE
City agrees to serve written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters within scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice.

In cases of emergencies when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice of meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, and resolution regulation consistent with the agreement.

SECTION 9: HOURS OF WORK: OVERTIME

9.1 Hours of Work Defined
Hours worked shall include all time not under the control of the employee whether such hours are worked in the City’s work place, or in some other place where the employee is carrying out the duties of the City.

The normal work week shall be 40 hours in seven days with two consecutive days off.

Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be approved in advance by the Department Head. The City reserves the right to re-evaluate such approvals if the Alternate Work Schedule results in an undue burden to the City.

9.2 Schedules
It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours of work will be made after ten (10) working days prior notice.

Volunteers will be sought for any change in regular work hours. If there are no volunteers, the regular employee with the least seniority will be assigned for a maximum of twelve months. The city will attempt to make four-month assignments when possible. 1212
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9 Non-emergency work will not be scheduled for a weekend when either Friday or Monday is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.)

9.3 Rest Periods
Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. Employees may not combine lunch and break times unless with prior departmental approval as a result of operational needs. Break times should be taken at the worksite assigned or in the event there is no restroom facilities is available then to the closest location where a city restroom facilities is available. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken.

9.3.1 Clean Up Period
At the end of each work period, up to 20 minutes paid clean up time will be provided to employees. Longer periods, when approved by the Supervisor, will be allowed depending on the work activities of the work period.

9.4 Overtime
Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week.

Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed.

9.5 Payment of Overtime
All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee’s scheduled vacation shall be considered to be overtime and paid accordingly.

9.5.1 Meal Periods
A paid meal period and a $12 meal allowance shall be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime work, a paid meal period and a $12 meal allowance shall be provided. A meal period shall be 40 minutes.

9.6 Compensatory Time Off
At the employee’s discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in 1213
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10 cash. Employees, who have previously earned CTO, shall be allowed to schedule CTO at the employee’s discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing.

CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. An employee may carry over the unused balance into the next calendar year. Any unused carryover balance will be automatically paid out at the end of the calendar year.

An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash.

9.7 Leave Accruals
An employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period.

SECTION 10: COMPENSATION FOR SERVICES

10.1 Salary Range
a. Monthly salary ranges as listed on Exhibit A will apply for each classification effective at the beginning of the pay period in which July 1 occurs unless otherwise noted below.

5.4 Effective the first full pay period after July 1, 2022, a 5.0% salary increase will be added to the salary range of each classification in this bargaining unit. b. The parties further agree to reopen wage negotiations for FY23-24 and FY24-25 upon the California Department of Tax and Fee Administration’s (CDTFA) completion of the sales tax review, but in no event later than March 1, 2023. The union may propose changes to salary steps, deferred compensation and special skills compensation as part of the wage reopener discussion. c. Effective the first full pay period in July 2020, a 3.5% salary increase will be added to the salary range of each classification in this bargaining unit. d. Effective the first full pay period in July 2021, a 3.0% salary increase will be added to the salary range of each classification in this bargaining unit. e. In addition, total compensation equity adjustments as identified in the Koff and Associates 2019 salary survey shall be applied effective the first full pay period following adoption of the MOU, by the amounts specified in the Summary of Equity Adjustments show in Exhibit B to the MOU.
f.a. Differentials as listed in Section, 10.8 Special Skills Compensation, will apply for each classification working in the Weekend Work Furlough Program.

Formatted
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12 10.2 Bilingual Pay Differential
An employee who speaks another language other than English while performing their assigned duties involving contact with members of the community and who passes the required language proficiency test(s), will be eligible to receive a 7.5% bilingual pay differential only for the work time during which the employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum.

In order to be eligible for Bilingual Pay, the Department Head must certify that the employee has a need to use his/her bilingual skills in communicating with members of the community.

10.3 Acting Pay/Out-of-Class

10.3.1 Acting Pay
Temporary assignment, approved in advance by the Department Head, to a classification in a higher pay grade not defined by this agreement, shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. In order to qualify for Acting Pay, an employee shall work a minimum of eight (8) hours per day in the temporary position.

An employee may receive acting pay for working in a higher classification where a vacancy does not exist, in the case of an incumbent being on vacation or leave of absence, or due to the employee being asked to perform higher level work on any other temporary basis.

Acting pay is not included for purposes of calculating CalPERS compensation.

10.3.2 Out-of-Class
An employee may be assigned to work out of class in a higher classification when there is a vacant position for which a recruitment is being, or will be, conducted. Out-of-class assignments may not exceed 960 hours in a fiscal year. Compensation for work performed in an out-of-class capacity is included for purposes of calculating CalPERS compensation, however, this is at the discretion of CalPERS and future changes to CalPERS regulations would supersede the language of this section.

The higher rate of pay shall be used in computing overtime when authorized overtime is worked in a non-exempt, out of class or acting work assignment. When a non-exempt employee is working out of class or acting in an exempt position for 20 hours or more in a work week, the employee will be ineligible to receive overtime pay for any and all hours worked in the exempt classification during that work week.

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13 All requests for out of class pay or acting pay must be approved by the Director of Administrative Services or his/her designee. No increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification.

10.4 Standby Compensation
Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated $300.00 per 128 hours so assigned during the term of this agreement.

Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in an area that provides a response time of 30 minutes or less.

10.5 Callback Pay
If any employee is called or required to report for assigned emergency or other duties during the period of the close of the regular work day and the start of the next following work day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of the period the employee is required to be available at the work station, and for travel time in connection therewith to and from the employee's customary residence at one and onehalf (1 1/2) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half (1 1/2) times the normal rate of pay.

10.6 Mileage Reimbursement
Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS.

10.7 Probationary Period/Salary Advancement
The probationary period shall be twelve months of paid employment. Employees will advance to the next step of the salary range upon successful completion of the probationary period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation) and are scheduled annually thereafter.

10.8 Special Skills Compensation
A wide variety of work, requiring specialized skills, is completed by employees of the Service Yard. Position classifications require experience and certification commensurate to the skills required in each separate Division. The following establishes certification, experience and additional compensation for eligible employees. Certifications not listed here, but required of the job specifications, are considered incidental and not eligible for special skill compensation.
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14 Special Skills Title Job related Certification
Needed
Experience
Needed
% Over
Base
Salary
Environmental Compliance
– Stormwater
Certified Erosion, Sediment,
and Storm Water Inspector in
training (CESSWI-IT)
certificate (full stature
CESSWI desired) as issued by
the Envirocert International.

Current primary employee
assigned these special skills as
of June 30, 2013 is
grandfathered in. All other
Employees shall have one year
from the initial appointment to
obtain the CESSWI-IT
certificate while performing
this special skill.
2 yrs @
MWII

7.5%
Environmental Compliance
-Materials
Attainment of:

Hazwoper Operations Level
California underground Storage
Tank System Operator
Title 22 Hazardous Waste
Management/DOT training.

Certification of achievement in
Environmental Compliance &
Pollution Prevention with a
minimum of 26 units
completed desired
2 yrs @
MWII

7.5%
Concrete/Asphalt Certified Public Infrastructure
Inspector certificate as issued
by the American Public Works
Association desired
Current primary employee
assigned these special skills as
2 yrs @
MWII

7.5%
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15 of June 30, 2013 is
grandfathered in.

All other employees shall have
one year from the initial
appointment to obtain the
Certified Public Infrastructure
certificate while performing
this special skill.

Welding American Welding Society
Certificate or equivalent
certificate.

7.5%
Spraying Qualified Applicator
Certificate categories B, C or F

7.5%
Class B License CA Class B Driver’s License 7.5%
Back Flow Backflow Prevention Assembly
Tester Certificate as issued by
the American Water Works
Association

7.5%
Weekend Work Furlough Program Administrative Crew Leader Assistant Crew Leader
WWFP – Responsible
“Meal periods are paid for the
Administrative Crew Leader
and Assistant Crew Leader.”
10%

7.5%

5.0%
Eligible employees receive compensation incentive pay for only actual hours worked. To be eligible for special skill pay, experience and certificates must be current, with written documentation on file with the Human Resources Department. Special skill compensation shall be determined and approved in advance by the Supervisor in writing. 1219
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16 10.9 Licenses/Certification Pay
Any employee who possesses a commercial driver’s license with and remains current on the State DOT Drug Program will receive an additional Seventy-five ($75) dollars per pay period additional compensation above and beyond all other certification pay.

10.10 Deferred Compensation
City will contribute the amount of $15.00 per bargaining unit member per pay period, effective the first full pay period following adoption of the MOU by the City Council.

10.11 Weekend Work Furlough Program
Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perform clean-up type duties for all divisions.

Affected Employees:

1. All permanent employees hired on or after January 1, 2006 and assigned to the Trees/ROW Division may be required to participate in the Weekend Work Furlough Program (WWFP or “Program”) and will be required to maintain their annual training provided by the County Sheriff.

2. Participation by employees in all other Divisions will be on a voluntary basis.

3. Employees that volunteer for training in the Program may be required to participate in the Program and shall maintain their annual training.

4. Employees shall be notified in writing of a schedule change and/or a regular assignment to the WWFP Program ten (10) working days’ prior to the effective date.

5. When an assignment in WWFP becomes vacant, any OE3 member is able to request for a transfer to work WWFP.

10.12 Flexible Staffing – Maintenance Worker I/II
An employee shall be eligible to advance from Maintenance Worker I (MWI) to Maintenance Worker II (MWII) after three years of better than satisfactory service as a Maintenance Worker I with the City of Cupertino or the equivalent, with the recommendation of the Department Head and when all MWII job specification requirements are met.
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17 SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION A. Employees hired on or before December 29, 2012 Only.

For employees hired by the City of Cupertino on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 retirement 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 on 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 on 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 based on a three year average compensation.

Effective the first full pay period after Union ratification and adoption of this MOU by the City Council, 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 who do not qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62 formula, based on a three year average compensation.

Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

SECTION 12: HEALTH AND WELFARE BENEFITS
The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System.

For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement.

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18 January 1, 2020
City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1443.09 126.78 1,569.87
Employee +2 1876.01 126.78 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
Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for any employees.

Effective July 1, 2010, employees that retire or resign from service with the City of Cupertino and who are not eligible for retiree medical benefits, as defined in the summary of benefits, can continue on the Cupertino medical and dental plans provided that they pay the premiums in full.

Dental Coverage: Effective the first month after OE3 ratification and Council adoption of MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

SECTION 13: INSURANCE

13.1 Long Term Disability
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. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period.

13.2 Life Insurance
The City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of five times the annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy.
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19 13.3 Vision Care Insurance
The City provides Vision Care Insurance for employees and their dependents at a cost of $14.9419.16 monthly.

SECTION 14: PAID ABSENCES

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

1. New Year’s Day 101. Christmas Eve

2. Martin Luther King Day 112. Christmas Day

3. Presidents’ Day 123. New Year’s Eve

4. Memorial Day

4.5.Juneteenth

5.6.Independence Day

6.7.Labor Day

7.8.Veteran’s Day

8.9.Thanksgiving Day

9.10. Day Following Thanksgiving
When a holiday falls on a Sunday, the following Monday shall be observed as the nonwork day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day.

Nothing contained herein shall preclude the right of the Department Head, with the approval of the appointing authority, to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments.

14.1.1 Holiday Pay
In order for an employee to receive his/her regular pay for a holiday or designated nonwork day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non- work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes.
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20 14.2 Floating Holiday Leave
In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (1) hour. Floating holiday leave shall be earned at a rate of .77 hours per paid period. Floating holiday leave may be accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval.

14.3 Vacations
All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. Accrued vacation may be taken with prior supervisory approval.

Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned.

Represented employees may convert, on a twice per calendar year basis, unused vacation time for payment subject to the following conditions:

1. The employee must have accrued vacation of at least 120 hours.

2. Any payments made for unused vacation will be subject to all appropriate taxes.

3. Minimum exchange will be 8 hours; maximum exchange will be 80 hours.

4. All changes are irrevocable.

14.3.1 Vacation Accrual Rate
Benefited full-time employees accrue vacation in accordance with the following schedule.

Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis.

Service Time Annual Accruals Maximum Accrual
0 - 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours
10 – 14 Years 160 Hours 272 Hours
15 – 19 Years 176 Hours 320 Hours
20 + Years 192 Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above. 1224
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21 14.3.2 Full vacation leave shall be taken at one time by any one employee whenever possible.

Vacation requests must be approved by employee supervisor in advance in writing. The time during the calendar year at which an employee shall take his/her vacation shall be determined with due regard for the wishes of the employee and particular regard for the needs of the service. Vacation leave of less than the full amount earned may be taken with the approval of the Supervisor.

14.3.3 On termination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence.

14.3.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week.

14.4 Sick Leave
All full time employees hired before October 17, 2012, (other than those holding temporary status), shall earn eight (8) hours per month sick leave time without limit on accumulation.

All employees hired on or after October 17, 2012 shall earn eight (8) hours per month sick leave time, but may accrue no more than 240 hours of sick leave time.

Those regular employees working less than full time (at least 20 hours per week) shall earn a prorated amount of sick leave based on their regular hours worked in relation to 40 hours.

Employees absent without pay for any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. Sick leave may be utilized due to the employee’s personal illness, pregnancy disability or sickness or injury to the immediate family as defined below.

With proper notice and supervisory approval, except in a case of bon-a-fide injury or illness and/or unforeseen emergency, sick leave shall be taken in periods of no less than one-half (1/2) hour increments.

The employee’s immediate family consists of any of the following: Children, step-children, spouse/domestic partner, parents, mother-in-law, father-in-law, siblings, grandchildren and grandparents who because of illness cannot care for themselves, and for medical emergencies. Employees shall, whenever possible, make appointments for medical, dental and similar purposes during non-work hours. If this is not possible, sick leave may be used for these purposes.
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22 An employee hired on or after October 17, 2012 may borrow up to 40 hours of sick leave, subject to Department Head approval for sick time related to an industrial disability. The employee will be required to repay this advance either in sick or vacation leave hours or dollars, at the employee’s option, upon returning to work as defined in the sick leave advance policy. If an employee separates employment prior to repayment of the full balance due, the amount due will be deducted from their final pay.

14.5 Sick Leave Verification
A Department Head or supervisor may require employees to furnish reasonable acceptable evidence, including a doctor’s certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor’s certificate or other form of verification where leave abuse is suspected.

If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal.

14.6 Personal Leave
The City shall allow accumulated sick leave to be used for conducting personal business which cannot be conducted outside regular working hours or for family medical emergencies.

14.7 Bereavement Leave
Employees shall be granted paid bereavement leave of up to 24 hours upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother-in-law, father-inlaw, step father, step mother, step brother and step sister. Additional bereavement leave of up to 16 hours will be granted for travel out-of-state or over 200 miles. An employee may request bereavement leave for the death of an individual not listed above and whom they have a close and significant relation with and/or hours greater than 24, but not more than 40, which Human Resources can grant at their discretion. A denial under this section shall not be subject to the grievance procedure.

14.8 Military Leave
Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of military requirements, to determine when such leave shall be taken.

14.9 Pregnancy Disability Leave:
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23 An employee disabled by pregnancy is eligible for up to four months of unpaid pregnancy disability leave (PDL) as defined by law. This leave is to be used when the employee is disabled due to pregnancy or child birth or related medical condition, including but not limited to, morning sickness, pregnancy complications and prenatal appointments.

Accrued sick leave may be used during the leave, and the employee has the option to use accrued vacation, floating holidays and/or compensatory time in order to receive pay during the leave. If the employee is also eligible for leave under the Federal Family Medical Leave Act (FMLA), (employee must be employed by the City for at least one year and have worked at least 1250 hours during the year preceding the leave), the leave the employee takes for pregnancy disability will be run concurrently with the employee’s entitlement to up to 12 weeks of FMLA leave. Employees otherwise eligible for health insurance benefits (medical, dental and vision) will continue to receive such benefits during the period of the PDL leave up to four months as defined by law per 12 month period.

After PDL and FMLA leave, if applicable, expires and if the employee is on unpaid status or the employee has less than 20 hours per week on their timesheet, the employee may elect to continue and enroll in COBRA benefits at employee’s expense.

The employee will be accruing sick leave, floating holiday and vacation leave during the period of time, if any, and the employee is on paid status. Any time the employee’s hours adjust to less than 40 hours per week, of paid status, the employee’s accrual rates (sick leave, vacation leave, floating holiday) will be prorated and be adjusted accordingly. Sick leave, floating holiday and vacation leave do not continue to accrue during any period the employee is on unpaid status.

Under the California Family Rights Act (CFRA) eligible employees are entitled up to 12 additional weeks of leave to bond with the baby. To be eligible for the CFRA bonding leave, employee must be employed by the City for at least one year and have worked at least 1250 hours during the year preceding the leave. The leave is unpaid, but the employee may use floating holiday, compensatory time and vacation leave in order to receive pay during the leave. The employee may use sick leave for a baby’s illness or doctor’s appointment when applicable to receive pay during the leave. Bonding leave must be used within one year of the birth of the baby.

An employee who plans to take PDL must give reasonable notice (not less than 4 weeks if anticipated or as soon as possible if the leave is unforeseen) before the date employee expects to take the leave. As with all other employees returning from medical leave, employees returning from PDL leave of at least 3 days are required to provide a doctor’s note clearing them to return to work. If an employee requires reasonable accommodations as a result of pregnancy, employee should consult with Human Resources. Employees disabled by pregnancy and employees on leave to bond with a baby may be eligible for benefits under State Disability Insurance. Additional information is available at www.edd.ca.gov/Disabililty and from Human Resources.

14.10 Adoption Leave
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24 Upon request, a leave of absence without pay for up to four (4) work weeks will be granted to adoptive parents. Such leave must be used within one year of the adoption. The city will pay health and welfare benefits for the duration of the leave at the same rate as prior to the leave, consistent with the contributions as provided for under the existing MOU.

If the employee is eligible for FMLA/CFRA (employed by the city for at least one year and worked at least 1250 hours during the year preceding the leave), employee may be eligible for up to 12 work weeks total (the above four (4) work weeks plus an additional eight (8) work weeks) for bonding with the adopted child during the first year after adoption. The employee may be eligible for health benefits during the twelve (12) work week period at the same rate as prior to the leave as provided for under the existing MOU.

During adoption leave, accrued vacation may be used by the employee at his or her option in order to receive pay during the leave. Sick leave may only be used during the leave in the event of illness or medical appointments of the adoptive child during the leave.

14.11 Absence Notification
An employee is expected not to be absent from work for any reason, other than personal illness, without making prior arrangements with their supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must notify their supervisor by telephone, text, or email of their reason for being absent no later than 15 minutes prior to their scheduled start time.

If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made.

Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the Department Head. In the absence of such disciplinary action, any employee who absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head by a following grant of leave with or without pay when extenuating circumstances are found to have existed.

14.12 Catastrophic Leave
The City's catastrophic leave committee will establish a definition of catastrophic or lifethreatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further documentation from the treating physician to determine the applicant’s eligibility for catastrophic leave hours.
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25 Vacation hours and compensatory time off (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. Upon retirement or resignation, an employee can contribute up to 10 hours of sick leave provided that the employee has a minimum of 320 hours of sick leave, which has previously become vested.

All benefited employees with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Personnel Officer when applying for funds.

A recipient must have used all of their available leave hours before he/she is eligible. The maximum amount is two months (LTD becomes available at this time).

14.13 Family Medical Leave Act/California Family Rights Act The City of Cupertino shall comply with the leave provisions of the Family Medical Leave Act and the California Family Rights Act for employees who qualify for leave under these laws.

SECTION 15: SICK LEAVE CONVERSION

15.1 Sick Leave is not vested under California statutory law.

15.2 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee’s base hourly rate.

15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for up to eighty-five percent (85%) of the value of the incentive compensation bank.

15.4 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for up to seventy percent (70%) of the value of the incentive compensation bank.

15.4. a. Employees shall have the option of cashing out sick leave in accordance with Section 15 - Sick Leave Conversion. Any employee who is retiring will have the option of applying any remaining sick leave to service credit. If an employee is resigning, he/she will not have the option of applying sick leave hours to service credit.

15.5 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis only if the employee’s remaining sick leave balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave for four hours of vacation. An employee may convert sick leave in excess of 320 1229
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26 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours.

As a condition of converting sick leave to vacation, all employees will be required to use at least one-half (1/2) of vacation accrued during the previous twelve (12) months.

Such conversions, either to exchange sick leave for vacation or vice versa, shall be subject to the following conditions:
a. All requests to exchange sick leave for vacation time shall be submitted in writing to the Department Head at least 14 calendar days in advance of intended vacation utilization.
b. The granting of such exchange and subsequent use will be at the discretion of the Department Head.
c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time.

Regularly accrued vacation time will not be eligible for this re- conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee.

NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented.

SECTION 16: SAFETY EQUIPMENT
The City will pay for actual cost of Safety Shoes up to $400 from City approved vendor list. City will be billed directly from vendor, and any overages would be covered by the employee.

The City shall retain the right to establish minimum safety and quality standards for the steel toed safety shoes, clothing and safety equipment to be used while performing assigned tasks.

The city will provide to the employee the following: hard hat, safety glasses, ear protection, gloves, chain saw slip-on foot protection for employees who operate chain saws, orange safety tee shirts and/or uniform shirts (11), sweatshirts, safety jacket (1 jacket every other year), and rain boots.
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27 The city will continue to provide and launder shirts or overalls, which shall be worn while carrying out the duties of the city.

It is the responsibility of the employee to have the required clothing and/or safety equipment needed for the tasks assigned. If an employee should be at work without the required clothing and/or safety equipment, that employee will not be paid until he/she is at the worksite with the required clothing and/or safety equipment.

Hard hats must be worn when work performed by an employee is equal to, or above his/her eye level.

Steel toed safety shoes must be worn at all times during the workday.

For new employees, the safety and equipment allowance will be prorated from the date of employment through the end of the fiscal year in which appointed (June 30).

The City will pay for prescription safety glasses for those employees needing such protection.

The parties agree to discuss the safety equipment requirements during the first year of this contract at the regular Labor Management meetings in an effort to arrive at a mutually agreeable list of equipment purchases and maintenance.

SECTION 17: CITY SPONSORED RECREATION AND WELLNESS PROGRAMS All bargaining unit 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 receive up to $4500 per employee in Rec Bucks toward recreation services in accordance with the City’s Recreation Buck Policy and 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. They 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.

SECTION 18: TRAINING AND TUITION REIMBURSEMENT
It is the intent of the City to recognize the value of training to its employees and to adopt a training policy which will encourage employees to avail themselves of educational opportunities that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Municipal Service. 1231
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28 Employees who wish to seek reimbursement from the City for City job related training program costs shall provide a written request for reimbursement to their immediate supervisor. The request shall include the type of program, sponsoring organization or institution, meeting times and costs for such program.

A copy of the supervisor’s and superintendent's recommendation to the Department Head shall also be provided to the employee. The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the Department Head for approval or denial.

Once a training program has been approved, any employee covered by this agreement will be eligible for reimbursement of up to $2,500.00 per calendar year for tuition and books for training and education.

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.

18.1 Service Center Safety/Training Committee
The City and the Union agree to form a committee to jointly develop a safety/training program. The committee shall meet monthly and will be responsible for the review, discussion, and recommendations of all matters concerning safety and health, including but not limited to accident investigations, safety surveys, job site inspections, safety audits, training and emergency response roles. The committee shall work to problem solve and formulate recommendations to the appropriate divisions within the Service Center.

Minutes of the meetings shall be taken and will be distributed to all Service Center employees and posted in a conspicuous location(s). The City shall have two members and the Union shall have one member, to be elected by the membership, from each Service Center division.

The City and the Union are committed to a safe working environment, and in pursuit of this shared commitment both sides agree to look at the benefits of implementing a Safety Recognition Program. This effort shall be assumed by the Service Center Safety/Training Committee. Any agreement shall be by consensus between City and Union. 1232
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29 18.2 Labor/Management Committee
The parties agree that regular meetings to explore mutual concerns will be beneficial to the relationship between the City and the Union. To promote a problem-solving approach, the parties agree that decision making shall be cooperative.

Consequently the parties agree to meet monthly to discuss any issue concerning the rights of either party or the relationship between the City and the Union or the City and employees the Union represents. The purpose of the meetings is to exchange information and to solve problems or issues. If the issue is not resolved, it may be placed on the agenda for the next quarterly labor management meeting. The parties may mutually agree to meet less than monthly.

The parties agree that such meetings shall not be negotiations and therefore the results of the meetings shall not be binding on the parties. These meetings are not to act as a substitute for the roles and responsibilities of either a shop steward or other job classifications. The Union shall elect one representative from each division and management may have an equal number of participants on the committee.

SECTION 19: STRETCH ASSIGNMENTS

1.0 Purpose
The City of Cupertino is committed to the professional growth and development of its employees. To further that endeavor, the City has a Succession Development program to prepare current employees for future promotional opportunities within the City. To gain the necessary experience to obtain those much needed job skills, the City believes in the concept of "learning by doing" or "on the job training" which can occur through "stretch assignments."
A Stretch Assignment is a project or task beyond their current knowledge or skills level in order to "stretch" employees developmentally. A Stretch Assignment can also be working in an advanced position in a limited capacity. It is a way to expand an employee's skills and competencies.
[A Stretch Assignment differs from Working Out of Class (WOOC) in that WOOC requires the employee to meet the minimum qualifications of the position. There must be either a vacant budgeted position or a temporary vacancy due to vacation, sick leave, or leave of absence. The person already has the knowledge, skills, education or training needed to perform all the duties and responsibilities of the job].

The assignment may be a limited term of three to six months but may be extended under specific circumstances, as agreed upon by the employee and supervisor, and approved by the Superintendent. It is not to be used as a solution to fill a vacancy or understaffing.

Stretch assignments receive no additional compensation because they are considered training opportunities, unless all conditions of Working out of Class apply. A stretch 1233
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30 assignment is completely voluntary and can be terminated by either the employee or supervisor at any time. Should either side wish to terminate the assignment, they shall consult with each other and explain the reason(s) for terminating the assignment.

Stretch Assignments is intended to be a pilot program for 12 (twelve) months after adoption of this agreement. At the completion of the 12 (twelve) month pilot program period, City and OE3 Representatives will meet to discuss converting the pilot program to a permanent status program.

2.0 Procedure
1) Selection Process: Employees may self-identify at any time their desire to have a stretch assignment to their supervisor. A supervisor may also select an employee to participate in a stretch assignment if the employee agrees to an opportunity that the supervisor has identified. Supervisors may identify employees for stretch assignments when discussing future goals during the annual performance evaluation process or in one-on one conversations. It is up to the Supervisor and the Superintendent to determine if there is a stretch assignment available, if the employee has the capacity to take on additional assignments, the operational needs of the department would not be compromised, and it coincides with the employee's professional goals.  There may be no more than one stretch assignment per Division at any one time.  The Public Works Divisions shall be defined as:
o Grounds
o Trees and R/W
o Streets
o Fleet and Facilities
 If there is more than one employee in one Division interested in a stretch assignment at one time, the following criteria may be considered for assignment:
o Time elapsed between Stretch Assignments (Employees that have not had a previous Stretch Assignments shall be considered before those who have) o Interview with Supervisor and Lead staff
o Previous Evaluation Rating
o Seniority
2) The Assignment: The assignment should be suited to the employee's skill set and those that the employee desires to develop. It might be to exchange tasks with a coworker at the same level to gain greater breadth of experience or tasks that would normally be associated with a more advanced position. A stretch assignment could also include training in another Public Works Division or City Department, with agreement by both supervisors and both department Directors. The employee and Supervisor shall identify specific competencies to be developed. The assignment will be mutually agreed upon as well as the desired outcomes.
a. Stretch Assignment in an Advanced Position: When the assignment is in a more advanced position, the employee shall not be expected to perform more than a limited number of duties. This is an opportunity for the employee to gain the skills not associated with their current position.
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31 3) Workload: When performing a stretch assignment, expectations about the employee's current workload will need to be considered. Mutual agreement as to how the employee will modify or incorporate the stretch assignment into their current work must be made. 4) Approval: The Supervisor will fill in the Stretch Assignment form and return it to the Superintendent for approval.
5) Feedback: The employee will receive appropriate training at the beginning of the assignment to allow him/her to learn the task sufficiently to pursue further practice independently, with limited supervision. The supervisor should provide coaching and mentoring to the employee during the assignment. Periodic feedback should occur throughout the stretch assignment. Upon conclusion of the assignment, the supervisor will use the form attached to provide the employee with feedback on the assignment.

The feedback will only be placed in the employees personnel file upon the employee's request.

SECTION 20: PERFORMANCE EVALUATIONS
The purpose of performance evaluations is to have formal communication between supervisor and employee regarding job performance. It is a value to both parties to have this process be meaningful and fair.

In the event that an employee’s performance appears to need improvement, the supervisor should immediately acknowledge the problems in informal or documented oral counseling sessions in a confidential setting. It is not in either the City’s or the employee’s interest to have the feedback delayed until the time of the annual performance evaluation.

Annual performance evaluations will occur no later than 30 days after the due date as set by Human Resources. Division Maintenance Worker III(s) should provide input in conjunction with the employee evaluation process.

SECTION 21: WORKERS’ COMPENSATION BENEFITS
Any employee sustaining an injury arising out of, or in the course of, the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive Workers’ Compensation as prescribed by state law.

21.1 Use of Sick Leave to Supplement Workers’ Compensation Payments Any employee entitled to receive Workers’ Compensation payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. Sick leave hours used will subsequently be credited to the employee's account by dividing the employee's base hourly 1235
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32 rate into the amount that the employee would have received in Workers’ Compensation injury pay.

SECTION 22: DISCIPLINARY ACTION
The City has a policy of progressive discipline. When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken.

The first and/or most modest step of progressive discipline in the case of minor breaches of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an infraction notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months.

Should the offense, in the judgment of the supervisor, be so serious or be of a continuous nature, the supervisor shall recommend more serious reprimand measures or disciplinary action to the Superintendent. These measures would include, but not be limited to, written reprimands, suspensions and termination.

Written reprimands shall be destroyed after three (3) years if requested in writing by the employee and provided the offense has not re-occurred.

When the disciplinary action recommended by the supervisor, and with the concurrence of the Superintendent, would impact "property rights" of the employee as defined by the courts of California, it shall be referred to the Director of Public Works.

A written notice from the Director of Public Works to the employee and the Union at least ten (10) working days prior to any action, shall state the proposed disciplinary action. The notice shall also contain:
a. effective date and time of the proposed action
b. the alleged reason for the proposed action
c. the acts or omission which support the allegation
d. the materials upon which the allegation(s) are based and access to any other related items
e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of the proposed action; and the employee’s right of appeal
f. a statement that the action will become final if the employee fails to respond to the notice within the specified time
It is understood that an employee’s request for a Skelly meeting will postpone the effective date of action until the Skelly has been heard and the City has responded to issues raised 1236
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33 in the Skelly meeting. In this case the effective date will be ten (10) working days from the Director’s response.

SECTION 23: LAYOFF PROCEDURE
The appointing authority may layoff employees for lack of funds, lack of work or for other similar and just cause. The appointing authority will identify the classification(s) subject to layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be considered the same classification. Part-time employees shall be released from City service prior to any layoff of regular, full-time employees in the same classification.

Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority, based on the date of the appointment to the classification. If an employee separates from City employment for a period of more than 30 days, the time off from City employment shall be deducted from an employee’s length of service for the purpose of determining seniority.

Employees being laid off shall be entitled to placement in a lower classification; provided (a) the employee was previously employed with regular status having completed the probationary period in that lower classification and (b) the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lower classification shall be entitled to placement in the lower classification, subject to conditions (a) and (b) listed in this section.

The City will provide a 30 day notice to any employees identified for layoff. Such notice will include the employee’s rights to placement in a lower classification pursuant to this section. Medical, dental, vision, and life insurance continue through the end of the month in which the layoff is effective. In addition, the employee will be provided with an opportunity to elect to enroll in COBRA medical, dental, and/or vision coverage at the time of layoff and at employee expense.

The names of the employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten (10) business days to a written notice of such opportunity for reinstatement shall cause that name to be removed from the recall list. Such notice shall be sent by certified or registered mail to the address of the employee on file with the City. The affected employees shall be responsible for updating the City of any change in address during the time they are on the recall list.

SECTION 24: REINSTATEMENT
With the approval of the appointing authority, a regular or probationary employee who has resigned with a good record or been recalled from a layoff action may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable classification they previously occupied. Upon reinstatement, the employee, for all purposes, shall be considered as though they had received an original appointment. 1237
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34 SECTION 25: GRIEVANCE PROCEDURE
Definition and Procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner:

Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor within ten (10) business days of the occurrence of the dispute, who is designated for this purpose by the City.

The supervisor shall give the employee an oral answer within ten (10) business days after such presentation.

Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within ten (10) business days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The written grievance shall contain a complete statement of the facts, the provisions or provisions of this Agreement or work rules which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within ten (10) business days with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached, the supervisor or other person designated for this purpose shall provide the employee a written answer within ten (10) business days following their meeting.

Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's Department Head within ten (10) business days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The Department Head shall discuss the grievance within ten (10) business days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the Department Head shall give the City's written answer to the employee within ten (10) business days following their meeting.

Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) business days after the decision is provided at the third step.
1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) business days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) business day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in 1238
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35 its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator.
2) The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives.
3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel.
4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later.
5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing.
6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses.

Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement.

The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised.

The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only.

SECTION 26: IMPASSE PROCEDURE
The following procedures, shall apply in the event the parties are unable to resolve and impasse satisfactorily:

26.1 Impasse
A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted.

Any party may initiate the impasse procedure by filing, with the other party (or parties) affected, a written declaration of impasse. Once a party has initiated the impasse procedure, the parties shall comply with the requirements of California Government Code sections 3505.2, 3505.4, 3505.5, 3505.7, as well as any other applicable sections of the California Government Code and applicable PERB regulations.
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36 B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable accordance with the California Government Code sections 3505.2, 3505.5, and any applicable regulations.

SECTION 27: SEPARABILITY
In the event any provisions of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement.

SECTION 28: RATIFICATION
Nothing contained in this agreement shall be binding upon either the City or the Union following signing of this agreement by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City.

SECTION 29: REOPENER
During the term of this Agreement, upon request by the City or OE3, the City and Union will meet and confer over proposed revisions to the City’s Administrative Rules and Regulations to the extent that the proposed revisions fall within the statutory scope of bargaining.

SECTION 30: TERM
This agreement shall be effective commencing the first full pay period after Union ratification and adoption by the City Council ending at 11:59 p.m. on June 30, 20252.

SECTION 31: COMPENSATION SURVEY
Management and OE3 agree to a compensation survey database structure which identifies specific benchmark classifications for job families, classifications within the job families of each benchmark classification, survey agencies and survey classification matches. The City will provide OE3 representatives notice of the survey and an opportunity to meet with the City in advance of the commencement of the survey to allow the parties to discuss survey methodology. Survey Cities include:

1. Campbell

2. Los Altos

3. Los Gatos

4. Menlo Park

5. Milpitas

6. Morgan Hill
Formatted: Highlight
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2 7. Mountain View

8. Palo Alto

9. San Mateo

10. Santa Clara

11. Saratoga

12. Sunnyvale
The survey data is intended to provide a source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other public employers. The City will update the survey database and send a copy to OE3 six weeks before expiration of this agreement. This survey data will be considered in successor agreement negotiations.

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38 EXHIBIT A: HOURLY SALARY RANGES, WHICH

INCLUDES SALARY AND EQUITY

ADJUSTMENTS
Salary Effective First Full Pay Period in July 201922, After City Council Adoption Classification Step 1 Step 2 Step 3 Step 4 Step 5
EQUIPMENT MECHANIC $37.49 $39.37 $41.34 $43.40 $45.57
LEAD EQUIPMENT MECHANIC $41.34 $43.40 $45.57 $47.85 $50.25 MAINTENANCE WORKER I $27.82 $29.21 $30.68 $32.21 $33.82 MAINTENANCE WORKER II $32.21 $33.82 $35.52 $37.29 $39.18 MAINTENANCE LEAD $37.29 $39.18 $41.13 $43.21 $45.37
STREET LIGHT WORKER $37.65 $39.54 $41.51 $43.59 $45.77

Salary Effective First Full Pay Period in July 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
EQUIPMENT MECHANIC $38.81 $40.75 $42.78 $44.92 $47.17
LEAD EQUIPMENT MECHANIC $42.78 $44.92 $47.17 $49.53 $52.00 MAINTENANCE WORKER I $28.80 $30.24 $31.75 $33.34 $35.00 MAINTENANCE WORKER II $33.34 $35.00 $36.76 $38.60 $40.55 MAINTENANCE LEAD $38.60 $40.55 $42.57 $44.72 $46.95
STREET LIGHT WORKER $38.97 $40.92 $42.97 $45.12 $47.37

Salary Effective First Full Pay Period in July 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
EQUIPMENT MECHANIC $39.97 $41.97 $44.07 $46.27 $48.58
LEAD EQUIPMENT MECHANIC $44.07 $46.27 $48.58 $51.01 $53.56 MAINTENANCE WORKER I $29.66 $31.14 $32.70 $34.34 $36.05 MAINTENANCE WORKER II $34.34 $36.05 $37.87 $39.75 $41.77 MAINTENANCE LEAD $39.75 $41.77 $43.85 $46.06 $48.36
STREET LIGHT WORKER $40.14 $42.15 $44.26 $46.47 $48.79
Classification Step 1 Step 2 Step 3 Step 4 Step 5
EQUIPMENT MECHANIC $41.97 $44.07 $46.27 $48.58 $51.01
LEAD EQUIPMENT MECHANIC $46.27 $48.58 $51.01 $53.56 $56.24 MAINTENANCE WORKER I $31.14 $32.70 $34.34 $36.06 $37.86 MAINTENANCE WORKER II $36.06 $37.86 $39.76 $41.74 $43.85 MAINTENANCE WORKER III $41.74 $43.85 $46.04 $48.36 $50.78 Formatted: Line spacing: Multiple 1.08 li
Formatted: Centered
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39 STREET LIGHT WORKER $42.15 $44.26 $46.47 $48.79 $51.23 EXHIBIT B: EQUITY ADJUSTMENTS
OE3 CLASSIFICATIONS
Grade Grade Level Year 1 Equity
Percentage
Year 2 Equity
Percentage
Year 3 Equity
Percentage
600 Equipment Mechanic 2.7% 0 0
604 Lead Equipment Mechanic 2.7% 0 0
701 Maintenance Worker I 1.8% 0 0
702 Maintenance Worker II 1.8% 0 0
703 Maintenance Worker III 1.8% 0 0
704 Street Light Worker 0 0 0
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40 CITY OF CUPERTINO OPERATING ENGINEERS, LOCAL 3
_________________________________ ______________________ Richard C. BolanosChristopher Boucher Michael Moore
_________________________________ _________________________________ Deborah L. FengKevin Green
_________________________________ _________________________________ Kristina Alfaro Isaac PreciadoSean Filbeck
_________________________________ _________________________________ Maria Delgado-JimenezVanessa Guerra John Ramos Andrew Schmitt _________________________________ _________________________________ Chad MosleyDianne Thompson Adrian Sanchez
_________________________________ _________________________________ Carl ValdezTravis Warner Michael Kimball
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CITY OF 2019 - 2022 MOU
Operating Engineers,
Local No. 3 Union,

AFL-CIO

CUPERTINO
Side
Letter
Agreement

SIDE LETTER AGREEMENT TO THE
2019 - 2022 0PERATING ENGINEERS, LOCAL N0. 3 UNION,

AFL-CIO MEMORANDUM OF UNDERST ANDING

CONCERNING CONSTRUCTIVE RECEIPT AND LEAVE

SELLBACKS
DATE: November 30, 2021
Background Overview
This Side Letter Agreement ("Agreement") relates to modifications to the City of Cupertino's ("City") sell back provisions whereby an employee has the option to receive the cash value of annual leave earned instead of taking the time off. Specifically, and pursuant to the currentMemorandum of Understanding betweenthe City and ('perating Engineers, Local No. 3 ("Union") effective July 1, 2019 through June 30, 2022 ("MOU"), employees have the options to sell back the following types of leaves:
* Under Section 9.6, employees may exercise the option twice each calendar year to convert any/or all accumulated compensatory time to cash. * Under Section 14.3, employees may convert, on a twice per calendar year basis, unused vacation time for payment subject to the following conditions: i) the employee musthave accrued vacation of atleast 120 hours; ii) any payments made for unused vacationwill be subject to all appropriate taxes; iii) minimum exchange will be 8 hours; maximum exa'iange wffl be 80 hours; and, iv) all dianges are irrevocable.

Under these Internal Revenue Service ("IRS") Regulations, the IRS considers income to be received for tax purposes if the individual actuany receives it or has an option to receive it during each tax year. This is known as the constructive receipt doctrine.

Application of this constructive receipt doctrine to the City's sell back of leave provisions would mean that any annual leave subject to sell back would have to be taxed as it is -l1245
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earned because the City's program allows the employee anunimpeded option to take this leave as cash rather than to take the time off.

However, IRS Regulations also provide that the constructive receipt doctrine will not apply if an individual's control over the receipt of income is subject to substantial limitations or restrictions. Several private letter rulings have held that income is not constructively received as annual leave accrues if an individual has made an irrevocable election before the taxyear in which it accrues to receive only a designated portion of this annual leave as cash.

Relying on these private letter rulings as an indication of how the IRS would view the City's sell back of leave provisions, the City has proposed and the Union has agreed to modify the program prospectively to comply with applicable IRS Regulations.

Summary of Modifications to Existing Leave Sell Back Provisions and Intent of This Agreement
The modification contained in this Agreement is designed to preserve the employee's ability to receive sell back of leave provisions but substantially limit that ability so that there is no "constructive receipt" as the IRS defines it. To accomplish this, an employee will be required to make an irrevocable election annually by December 31 or by the preceding Friday if December 31 falls on a Saturday or Sunday, to specify how muchpayin-lieu ofleave to be earned in the following calendaryear the employee wishes to receive during that calendar year.

The details related to the administration of this modified sell back of leave provisions are set forth below. Unless otherwise noted herein, an employee's right to eam and use annual leave as specified in any applicable MOU or City policies or Personnel Rules, remains unchanged.

Terms of Agreement
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The City and the Union enter into this Agreement and hereby agree to as follows:

1. Effective for all calendar years begiig on and after January 1, 2022, employees may sell back any applicable vacation or comp time leaves (as specified under Sections 14.3 and 9.6 of the MOU, respectively; collectively referred to hereinafter as "annual leave hours"), eaa'i calendar year, subject to the following rules:
a. If an employee fails to elect by December 31 each year or by the preceding Friday if December 31 falls on a Saturday or Sunday, to receive any of the annual leave hours he or she will earn in the following calendar year as payin-lieu, his or her annual leave will accrue in accordance with the applicable MOU, City policy or Personnel Rules provisions.
b, If an employee irrevocably elects by December 31 eaa'r year or by the preceding Friday if December 31 falls on a Saturday or Sunday, to receive a portion of the annual leave hours he or she will earn in the following calendar year, not to exceed 80 hours of vacation or 80 hours of comp time for the calendar year, as pay-in lieu, the City will make payments to the employee as designated on the City-approved form, whia'i may occur up to twice annually on: the second full pay period in January and the second fullpayperiodinJulyofthefonowingyear. However,anemployeecannot request the pay-out of any pay-in-lieu hours until those hours have been earned and accrued. Further, at the time of payment, the employee must have the requisite number of hours available and meet the requirements pursuant to the applicable MOU section for sell back. Otherwise, the atnount to be cashed out will be based on the niunber of hours available at the time of the sell back payment.
c. An employee must make an irrevocable election by December 31 each year or.by the preceding Friday if December 31 falls on a Saturday or Sunday, if the employee wishes to participate in the pay-in-lieu of annual leave program for the following calendar year. Elections will not automatically carry over from one calendar year to the next calendar year. An employee who fails to elect by December 31 each year or by the preceding Friday if December 31 falls on a Saturday or Sunday, to participate in the pay-in-lieu -3-
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of annual leave program for the following year will be deemed to have elected not to participate and he or she will be prohibited from receiving any pay-in-lieu during thatyear except as, and only to the extent, permitted under Section 4 below.
d. Each year, in advance of this annual December 31 deadline, the City will provide employees with notice and an explanation regarding the need for an irrevocable election as well as the relevant form for making the election.

2. 'l/Vhen pay-in-lieu is cashed out, it wffl be paid based on the employee's rate of pay at the time it is paid. All pay-in-lieu pay-outs are taxable income, subject to all applicable withholdings and payroll deductions.

3. Existing caps on the accrual of annual leave will remain in effect.

4. Effective for calendar years beginning on and after January 1, 2022, an employee's election with regard to pay-in-lieu shall be irrevocable except in the event of an unforeseeable financial emergency subject to the following rules:
a. In the event of an unforeseeable emergency, as defined in subsection b, an employee may apply to receive pay-in-lieu of annual leave accrued on or after January 1, 2022, but limited to the amount that is reasonably necessary to satisfy the emergency need, including any amounts that may be necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated as a result of the cash out. If Hiunan Resources approves an employee's application, the City will pay the employee the pay-in-lieu amount it deems necessary to meet the emergency need. b. "Unforeseeable emergency" means a severe financial hardship of the employee resulting from an illness or accident of the employee, the employee's spouse, or the employee's dependent (as defined in Internal Revenue Code section 152, and, without regard to Internal Revenue Code sections 152(b)(1)y (b)(2), and (d)(l)(B)); loss of the employee's property due to casualty (including the need to rebuild a home following damage to a home not otherwise covered by homeowner's insurance, sui as damage that is the result of a natural disaster); or other similar extraordinary and unforeseeable circumstances arising as a direct result of events beyond the control of the employee. For example, the imminent foreclosure or eviction -4-
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from the employee's home may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, inauding non-refundable deductibles, as well as for the cost of prescription drug medication, may constitute an unforeseeable emergency. Finally, the need to pay for the funeral expenses of a spouse or dependent (as defined in Internal Revenue Code section 152, and, without regard to Internal Revenue Code sections 152(6)(1), (6)(2), and (d)(l)(B)) of the employee may also constitute aiq unforeseeable emergency. Neither the purchase of a home nor the payment of college tuition is anunforeseeable emergency. Pay-in-lieu of annualleave on account of an unforeseeable emergency willnot be paid to the extent that such an emergency is or may be relieved through reirnbursement or compensation from insurance or otherwise, by liquidation of the employee's assets, to the extent liquidation of such assets would not itself cause severe financial hardship. Employees who face an unforeseen emergency and experience the need for an emergency cash out of annual leave are advised to contact Human Resources for a determination, which will be made based on the individualized and specific circumstances presented.

5. To comply with effective date of this change beginning on or after January 1, 2022, employees must make the requisite election by December 31, 2021.

6. Specific provisions in this Agreement supersede any previous agreements, whether oral or written, regarding the subject matter of this Agreement.

7. Upon approval by the City Council, this Agreement is intended to be read in conjiu"iction with the MOU and where in conflict on the specific issue covered by this Agreement, this Agreement will control.

8. The City and the Union will incorporate the language set forth in this Agreemettt into any successorMOU, as well as into and applicable City policies and Personnel Rules. The terms and contents contained in this Side Letter Agreement shall remain in force beyond the expiration of the 2019 - 2022 MOU. -5-
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All other provisions of the parties' MOU shall otherwise remain in full force and effect.

This Side Letter Agreement shall only become binding and effective upon the City Council's approval and adoption of this Side Letter Agreement.

The parties' signatures below signify that they have met and conferred in good faith in accordance with California Government Code Section 3500, et seq. Agreed to on this 18' day of November 2021, by the parties' authorized representatives.

For the City For the Union
Christopher Boua'+er Date Midiael Moore Date
1/10/2022
Kristina Alfaro Date
Vanessa Guerra Date
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OE3 Side Letter Agreement 11-30-21
Final Audit Report
Created:

B7:

Status:

Transaction ID:
2021-12-07
Siu Ley ([email protected])
Signed
CBJCHBCAABAAFchRHl PiylPObAgfhZFDMBEbvS7u5Try
2022-01-13
"OE3 Side Letter Agreement I I -30-21 " History
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R Document emailed to Christopher Boucher ([email protected]) for signature 2022-01-10 - 8:12:31 PM GMT
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4 Document e-signed by Christopher Boucher ([email protected]) Signature Date: 2022- €11-13 - 8:21 :32 PM GMT - Time Source: server- IP address: 23.19.75.144 @ Agreement completed.
2022-01-13 - 8:21:32 PM GMT
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DocuSign Envelope ID: OA7B46A2-D260-4BDC-BCE2-203DC57DFE26 Operating Engineers,
Local 3

CITY OF

CUPERTINO
NEGOTIATIONS 2022
Correspondence

TENT ATIVE SIDE LETTER AGREEMENT BETWEEN THE

CITY OF CUPERTINO AND OPERATING ENGINEERS,
I,gCAL 3 RE: MEDICAL AND DENT At, INSURANCE

REOPENER
DATE: July 18, 2022 TIME: AM / PM
The City of Cupertino and Operating Engirzeers, Local 3 agree to reopen negotiations related to City/employee cost share for medical and dental insurance as specified under Section 12 of the Memorandum of Understanding for FY23-24 and FY24-25 upon the Califomia Department of Tax and Fee Administration's (CDTFA) completion of the sales tax review, but in no event later than Mara'r 1, 2023, Unless otherwise stated, the provisions of this Side Letter Agreement supersede any inconsistent or corfflicting provisions of the parties' Memorandum of Understanding, effective July 1, 2022 - June 30, 2025 ("MOU"). All other provisions of the parties' MOU shall otherwise remain in fun force and effect.

This side letter shall automatically sunset upon the expiration of the 2022 - 2025 MOU.

Tentatively agreed to on this 18th day of July, 2022, by the parties' authorized representahves, subject to OE3 membership ratification and City Council's approval.

For the City For the Union
2ooas+iusmgne"bayBarb 8/2/2022
Kristina Alfaro Date
Director of Administrative Services
rkDomcusignedb/l/Lby' b,
Miffiael Moore
8/2/2022
Date
Business Representative
-1-
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DocuSign Envelope ID: OA7B46A2-D260-4BDC-BCE2-203DC57DFE26 Operating Engineers,
Local 3

CITY OF

CUPERTINO
NEGOTIATIONS 2022
Correspondence
Vanessa Guerra Date
Hiunan Resources Manager
Kevin Greene
8/3/2022
Date
8/2/2022
Christopher Boucher Date
Labor & Employment Counsel
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DocuSign Envelope ID: OA7B46A2-D260-4BDC-BCE2-203DC57DFE26 Operating Engineers,
Local 3

CITY OF

CUPERTINO
NEGOTIATIONS 2022
Correspondence
TENT ATIVE SIDE [ETTER AGREEMENT BETWEEN THE

CITY OF CUPERTINO AND OPERATING ENGINEERS,
LOCAL3 RE: COVID-19 EMPLOYEE RECOGNITION

COMPENSATION
DATE: July 18, 2022 TIME: AM / PM
In recognition of employees' contributions throughout the COVID-19 pandemic, the City will pay all bargaining unit members, employed with the City on date of payment, a one-time, non-pensionable lump sum off-salary schedule payment of $3,800, which shall be subject to all applicable payroll tax and withholding. The parties agree that this one-time payment shan not be PERSable (i.e. counted towards base salary or final compensation for CalPERS retirement calculation).

Unless otherwise stated, the provisions of this Side Letter Agreement supersede any inconsistent or conflicting provisions of the parties' Memorandum of Understanding, effective July 1, 2022 - June 30, 2025 ("MOU"). All other provisions of the parties' MOU shall otherwise remain in full force and effect.

This side letter shall automatically sunset upon the expiration of the 2022 - 2025 MOU.

Tentatively agreed to on this 18th day of July, 2022, by the parties' authorized representatives, subject to OE3 membership ratification and City Council's approval.

For the City For the Union
l ffis&a ap0arb
s coa:i.ini:iscro.iss.
8/2/2022
Kristina Alfaro Date
Director of Administrative Services
Michael Moore
8/2/2022
Date
Business Representative
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DocuSign Envelope ID: OA7B46A2-D260-4BDC-BCE2-203DC57DFE26

CITY OF
Operating Engineers,
Local 3

CUPERTINO
NEGOTIATIONS 2022
Correspondence
[)ocuSlgned b}:
8/2/2022
Vanessa Guerra Date
Human Resources Manager
8/2/2022
Christopher Boucher Date
Labor & Employment Counsel
Docu!ilgned by:

Kevin Greene
8/3/2022
Date
-2-
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CITY OF 2019 - 2022 MOU
Operating Engineers,
Local No. 3 Union,

AFL-CIO
Side
Letter
CUPERTINO Agreement

SIDE LETTER AGREEMENT TO THE
2019 - 2022 0PERATING ENGINEERS, [,OCA[, N0. 3 UNION,

AFL-CIO MEMORANDUM OF UNDERST ANDING
CONCERNING ADOPTION OF IRS SECTION 125

PREMIUM ONLY PLAN
DATE: April 20, 2021
The City of Cupertino ("City") and the Operating Engineers, Local No. 3 Union, AFLCIO ("Union") enter into this Side Letter Agreement and hereby agree to amend the existing MOU provisions as fonows:

SECTION 12: HEALTH AND WELFARE BENEFITS
The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northem California. Any suffi benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System. For eadi participating employee, the City shan contribute toward premium cost the following amount per month during the term of this agreement.

January 1, 2020
City Max Health
Contribution
City Max Dental
Contibution
City Total Max
Contribution
Employee 848.87 126.78 975 .65
Employee + I 1443.09 126.78 1,569.87
Employee +2 1876.01 126.78 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
-1-
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CITY OF 2019 - 2022 MOU
Operating Engineers,
Local No. 3 Union,

AFL-CIO
Side
Letter
CUPERTINO Agreement
Employee +I 1.515.24 126.78 1,642.02
Employee +2 a 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 +l 1.591.01 126.78 1,717.79
Employee +2 2.068.31 126.78 2,195.09
City-sponsored health coverage shall be required (consisting of at least the lowest costs employee only health plan) rinless the employee meets the reqiirements to waive coverage. Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. The City win no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for any employees.

Effective July 1, 2010, employees that retire or resign from service with the City of Cupertino and who are not eligible for retiree medical benefits, as def3ned in the summary of benefits, can continue on the Cupertino medical and dental plans provided that they pay the premiums in full.

Dental Coverage: Effective the first month after OE3 ratification and Council adoption of MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

To the extent any City premium contributions or employee out-of-pocket costs for prernitims are eligible for pre-tax treatment under Section 125 of the Intemal Revenue Code, the City and all participating employees shall pay their respective share of the cost of medical, dental, vision, and short and long term disability insurance through a City-sponsored Section 125 Premirirn Only Plan (POP). The City reserves the right of selection and administration as to the Section 125 Premirim Only Plan (POP).
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CITY OF 2019 - 2022 MOU
Operating Engineers,
Local No. 3 Union,

AFL-CIO

CUPERTINO
Side
Letter
Agreement
SECTION 13: INSURANCE

13.1 Long Term Disability
The City shall provide Long Term Disability (LTD) insurance for employees.

LTD income protection coverage shan be up to $7,000 of covered monthly salary.

Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period.

13.2 Life Insurance
The City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of five times the annual salary to a maximum benefit of $250,000. Employees may be eligible to puriase additional life insurance subject to the provisions of the insurance policy.

13.3 Vision Care Insurance
The City provides Vision Care Insuraiice for employees and their dependents at a cost of $14.94 monthly.

Unless otherwise stated, the provisions of this Side Letter Agreement shall supersede any inconsistent or conflicting provisions of the parties' Memorandum of Understanding, effective July 1, 2019 - June 30, 2022 ("MOU"). All other provisions of the parties' MOU shall otherwise remain in full force and effed. This Side Letter Agreement shall only become binding and effective upon the City Coin"icil's approval and adoption of this Side Letter Agreement.

The parties further agree that the contents and terms of this Side Letter Agreement shall be incorporated into the successor MOUs unless modified otherwise in successor MOU negotiations, and the terms of this Side Letter Agreement shall remain in force beyond the expiration of the 2019 - 2022 MOU.
-3-
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CITY OF 2019 - 2022 MOU
Operating Engineers,
Local No. 3 Union,

AFL-CIO

CUPERTINO
Side
Letter
Agreement
The parties' signatures below signify that they have met and conferred in good faith in accordance with California Government Code Section 3500, et seq. Agreed to on this th day of April 2021, by the parties' authorized representatives.

For the City For the Union
L'll":-May23,2021
Christopher Bouier Date Mia'iael Moore
May 21, 2021
Date
-4-
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2021-04-20 Final CEA Side Letter Agreement
Final Audit Report
Created:

B7:

Status:

Transaction ID:
2021 -05-07
Vanessa Guerra ([email protected])
Signed
CBJCHBCAABAASRHO-4aXm2181Kf YlPcB5maZri2xHiNT
2021-05-24
2021-04-20 Final CEA Side Letter Agreement" History
Document created by Vanessa Guerra ([email protected]) 2021-05-07 - 6:36:01 PM GMT- IP address: 108.213.70.66
P-> Document emailed to Michael Moore ([email protected]) for signature 2021-05-07 - 6:38:22 PM GMT
Email viewed by Michael Moore ([email protected])
2021-05-07 - 8:19:06 PM GMT- IP address: 174.194.192.6
5 Email viewed by Michael Moore ([email protected])
2021-05-21- 6:56:38 PM GMT- IP address: 174.194.143.32
4 Document e-signed by Michael Moore ([email protected])
Signature Date: 2021-05-21- 9:59:32 PM GMT - Time Source: server- IP address: 50.255.26.73 R Document emailed to Stanley A. Young ([email protected]) for signature 2021-05-21 - 9:59:34 PM GMT
'5 Email viewed by Stanley A. Young ([email protected]) 2021-05-22 - 1:47:33 AM GMT- IP address: 24.6.57.154
4 Document e-signed by Stanley A. Young ([email protected]) Signature Date: 2021-05-22 - 1 :48:59 AM GMT - Time Source: server- IP address: 24.6.57.154 P-> Document emailed to Christopher Boucher ([email protected]) for signature 2021 -05-22 - 1 :49:00 AM GMT
'!Il Email viewed by Christopher Boucher ([email protected]) 2021-05-22 - 3:35:50 PM GMT- IP address: 207.246.66.17
4 Document e-signed by Christopher Boucher ([email protected]) Signature Date: 2021-05-24 - 0:59:49 AM GMT - Time Source: server- IP address: 143.110.156.249 5$ Adobe Sign
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€!h Agreement completed.
2021-05-24 - 0:59:49 AM GMT
gAdobe Sign
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RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

AMENDING THE CITY OF CUPERTINO AND OPERATING ENGINEERS
LOCAL NO. 3 UNION AFL-CIO MEMORANDUM OF UNDERSTANDING
WHEREAS, the City Council desires to amend the City of Cupertino and Operating Engineers Local No. 3 Union AFL-CIO Memorandum Of Understanding.

NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino and Operating Engineers Local No. 3 Union AFL-CIO Memorandum of Understanding be amended which is incorporated in this resolution by this reference and attached as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16
th day of August 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
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RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE OPERATING BUDGET FOR FISCAL YEAR 2022-23 BY

APPROPRIATING, TRANSFERRING, AND UNAPPROPRIATINGMONIES

FORSPECIFIEDFUNDS
WHEREAS, the orderly administration of municipal government depends on a sound fiscal policy of maintaining a proper ratio of expenditures within anticipated revenues and available monies; and
WHEREAS, accomplishing City Council directives, projects and programs, and performing staff duties and responsibilities likewise depends on the monies available for that purpose; and
WHEREAS, the City Manager has determined that the balances from the funds specified in this resolution are adequate to cover the proposed amended appropriations, and therefore recommends the fund reallocations described herein.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the recommended fund reallocations and ratifies the attached amended appropriations as set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of August 2022, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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SIGNED:
________
Darcy Paul, Mayor
City of Cupertino
________________________
Date
ATTEST:
________________________
Kirsten Squarcia, City Clerk
________________________
Date
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EXHIBIT A
Appropriation
Amendment by Fund
Appropriation
Amendment
Revenue
Amendment
Fund Balance
(Use of)
General Fund $357,756 $- $(357,756)
Special Revenue Funds $80,023 $- $(80,023)
Capital Projects Funds $- $- $-
Enterprise Funds $5,532 $- $(5,532)
Internal Service Funds $28,431 $- $(28,431)
Total Appropriation
Amendment All Funds $471,742 $- $(471,742)
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CITY OF CUPERTINO
Agenda Item
22-11328 Agenda Date: 8/16/2022
Agenda #: 22.

Subject: Approve and update the salary and terms, conditions of employment, and new job classification for the Unrepresented (Management and Confidential) Employees and Appointed Employees.

1. Adopt Resolution No. 22-103 amending the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2022;

2. Adopt Resolution No. 22-104 ; amending the Compensation Program for the Appointed Employees effective July 1, 2022

3. Approve a new job classification of Sr. Public Works Project Manager;

4. Approve salary realignment for the classifications of Capital Improvement Project Manager to Transportation Manager and of Deputy City Manager to Assistant Director of Community Development/Building Official and Assistant Director of Parks and Recreation; and

5. Accept title changes for classifications in the Unrepresented Employee Compensation Program

6. Adopt Resolution 22-105 to approve budget modification 23-234, increasing budget appropriations by $1,152,236 ensuring that there are sufficient budget appropriations to cover the costs associated with the Unrepresented Employee Group; and

7. Adopt Resolution 22-106 to approve budget modification 23-235, increasing budget appropriations by $27,227 ensuring that there are sufficient budget appropriations to cover the costs associated with the Appointed Employee Group.

Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Page 1 of 1 Printed on 8/11/2022
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CITY COUNCIL STAFF REPORT
Meeting: August 16, 2022
Subject
Approve and update the salary and terms, conditions of employment, and new job classification for the Unrepresented (Management and Confidential) Employees and Appointed Employees.

Recommended Action

1. Adopt Draft Resolution No. 22-XXX amending the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2022;

2. Adopt Draft Resolution No. 22-XXX amending the Compensation Program for the Appointed Employees effective July 1, 2022;

3. Approve a new job classification of Sr. Public Works Project Manager;

4. Approve salary realignment for the classifications of Capital Improvement Project Manager to Transportation Manager and of Deputy City Manager to Assistant Director of Community Development/Building Official and Assistant Director of Parks and Recreation; and

5. Accept title changes for classifications in the Unrepresented Employee Compensation Program

6. Adopt Resolution 22-XXX to approve budget modification 23-234, increasing budget appropriations by $1,152,236 ensuring that there are sufficient budget appropriations to cover the costs associated with the Unrepresented Employee Group; and

7. Adopt Resolution 22-XXX to approve budget modification 23-235, increasing budget appropriations by $27,227 ensuring that there are sufficient budget appropriations to cover the costs associated with the Appointed Employee Group.

Description
Historically, Council has aligned the compensation plans for the Unrepresented and Appointed employee groups with the proposed terms and conditions of employment for the Cupertino City Employees’ Association (CEA)/IFPTE Local

21. As part of the Council packet for the August 16, 2022 City Council meeting, 1268
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Council has been presented with the salary and terms and conditions of employment for the CEA successor MOU, covering the period from July 1, 2022 through June 30, 2025. Based on that prior Council action, staff is requesting that Council adopt relevant changes to the Unrepresented Employees’ Compensation Program and the Appointed Employees’ Compensation Program, as appropriate from the new CEA/IFPTE Local 21 compensation changes. The following summarizes the two programs:
 The Unrepresented Employees’ Compensation Program includes employees in management or confidential positions as adopted by the City Council and may be amended or otherwise modified from time to time.
 The Appointed Compensation Program includes the City Manager and City Attorney who are evaluated by the City Council on an annual basis.

Compensation for these employees are considered on the basis of equity of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public employment in the same labor market.

Compensation programs vary from group to group. As applicable, the terms and conditions of employment approved for CEA/IFPTE Local 21 are being proposed for the Unrepresented (Management and Confidential) Employees and Appointed Employees. Attachment A provides a table representing the proposed salary and benefits changes to the respective groups. The complete terms and conditions are also outlined below:
 Term – 3 years, July 1, 2022 through June 30, 2025
 Cost of Living adjustments (COLAs): 5.0% in year one; for years 2 and 3 of the MOU, CEA/IFPTE Local 21 has agreed to reopen negotiations concerning COLAs for FY23-24 and FY24-25. The results from these reopened negotiations will be, if approved by the Council, applied to the Unrepresented (Management and Confidential) Employees group and approved by the Council at such time in the future.
 A one-time non-pensionable $3,800 lump sum payment in recognition of employees’ contributions throughout the COVID-19 pandemic  Adding Juneteenth as a paid holiday starting in 2023.

Additionally, for the executive management group, which includes the Assistant City Manager, Deputy City Manager, Department Heads, Assistant Department Heads, Assistant to the City Manager, and Public Information Officer, staff is recommending eliminating the Executive Salary Range for these employees, and restoring the 5-step salary structure. The City Manager will continue to have the authority to appoint new executive managers at any point in the salary range, 1269
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based on their qualifications and experience. Restoring the 5-step salary structure would be cost neutral, as the Executive Salary Range program was not implemented.

To maintain fair labor practices, job classifications and salary ranges within the organization are periodically reviewed to ensure employees are working within the job duties and responsibilities of their designated job classification and for pay equity. As a result, staff recommends that council approve the job classification of Sr. Public Works Project Manager. Staff also recommends council consider approving a salary realignment for the classifications of Capital Improvement Project Manager to Transportation Manager and of Deputy City Manager to Assistant Director of Community Development/Building Official and Assistant Director of Parks and Recreation. Finally, staff recommends removal of the classification of City Architect as this classification has not been filled in over 10 years and classification title changes for the Director and Assistant Director of Recreation and Community Services to the Director and Assistant Director of Parks and Recreation consistent with the department’s name change. No additional full-time equivalent positions are being requested as part of these recommended changes
Staff also recommends the addition of Standby pay for Employees in the classification of Information and Technology Assistant who are required to be available during their off-shift hours for possible recall for emergency service.

Employees in this classification shall be compensated $300.00 per 128 hours assigned to work on a Standby basis. Standby pay was implemented in 2020 for specific classifications represented by the CEA/IFPTE Local 21 by way of side letter agreement. We are requesting the addition of Standby pay for the aforementioned unrepresented classifications to ensure equity with similarly situated employees Last, staff recommends the removal of language regarding Unrepresented Employees working in dual classifications and the associated pay differential. This practice has not been used in several years and is inconsistent with current City policy regarding out of class and acting assignments.

Title 2 of the California Code of Regulations, section 570.5, requires that the pay schedule of every CalPERS agency be approved and adopted by the agency's governing body pursuant to public meeting law. The City's Salary Schedule for Unrepresented (Management and Confidential) Employees is attached for the Council's review and approval, effective July 1, 2022.
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Fiscal Impact
The City will incur an additional cost of $1,152,236 for Unrepresented employees and $27,227 for Appointed employees in the first year (FY2022-23). The total additional cost for CEA, OE3, Unrepresented, and Appointed employees is $2,372,559. A budget adjustment for increased costs in the first year is recommended. At the time of the adopted budget, costs related to the labor contracts were unknown and not included in the adopted budget.

Prepared by: Vanessa Guerra, Human Resources Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Dianne Thompson, Assistant City Manager Attachments:

A – Unrepresented Comp Program - CLEAN
B – Unrepresented Comp Program - Redline
C – APPOINTED Comp Program - CLEAN
D – APPOINTED Comp Program - Redline
E – Draft Resolution amending the Unrep Employees' Compensation Program F – Draft Resolution amending the Appointed Employees' Compensation Program G - Senior Public Works Project Manager Job Description 8-2022 H - Draft Resolution for budget modification 23-234 UNREP I - Draft Resolution for budget modification 23-235 APPOINTED 1271
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1 City of Cupertino
UNREPRESENTED 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 either as management or confidential positions shall be eligible for participation under the Unrepresented 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.

It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given.

Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant.

Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented.

MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:

Classification Title
Accountant I
Accountant II
Accounting Technician
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development/Building Official Assistant Director of Public Works
Assistant Director of Parks and Recreation
Assistant to the City Manager
Budget Manager
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head) City Clerk
City Engineer
Community Relations Coordinator
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2 Deputy Building Official
Deputy City Attorney
Deputy City Clerk
Deputy City Manager
Director of Administrative Services (Department Head)
Director of Community Development (Department Head)
Director of Parks and Recreation (Department Head)
Director of Public Works
Economic Development Manager
Emergency Services Coordinator
Environmental Programs Manager
Executive Assistant to the City Attorney
Executive Assistant to the City Manager
Finance Manager
GIS Coordinator
GIS Program Manager
Human Resources Analyst I
Human Resources Analyst II
Human Resources Assistant
Human Resources Manager
Human Resources Technician
Information Technology Assistant
Innovation and Technology Manager– Applications
Innovation and Technology Manager - Infrastructure
Legal Services Manager Management Analyst
Network Specialist
Park Restoration and Improvement Manager
Permit Center Manager
Planning Manager
Public Information Officer
Public Affairs Manager
Public Works Projects Manager
Public Works Supervisor
Purchasing Manager
Recreation Manager
Recreation Supervisor
Senior Accountant
Senior Assistant City Attorney
Senior Civil Engineer
Senior Management Analyst
Senior Public Works Project Manager
Service Center Superintendent
Sustainability Manager
Transportation Manager
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3 Web Specialist
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, April 1, 1974
Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 10/12, 12/12, 7/13,11/13,12/13,3/14, 7/14, 11/15, 6/16, 10/16, 11/16, 6/17, 10/17, 7/19, 6/22, 8/22
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4 City of Cupertino
UNREPRESENTED 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 equity of 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. a. Retroactive to the first full pay period after July 1, 2022, a 5% salary increase will be added to the salary range of each classification in this unit. In addition, employees will receive a one-time non-pensionable $3,800 lump sum payment, which shall not be PERSable (i.e., counted towards base salary or final compensation for CalPERS retirement calculation).

See Attachment A for a list of paygrades.

Adopted by Action
of the City Council
April 1, 1974
Revised 8/78, 7/79, 6/80, 7/92, 6/95, 10/12, 7/13, 10/16, 7/19, 8/22 1275
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5 City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 3

TRAINING AND CONFERENCES
I. POLICY
A. Management Personnel
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.

B. Non-Management Personnel
When authorized by their supervisor, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined below for each.

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. 1276
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6 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.

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 1277
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7 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.

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. 1278
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8 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;

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; of those besides economic development staff;

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 AUTHORIZATION
A. Budgetary Limitations
Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.

B. Conference Attendance
Attendance at conferences or seminars by employees must be approved by their supervisor.

C. Meetings
Any employee, management or non-management, may attend a meeting when authorized by their supervisor.

D. Training Sessions
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9 Any employee, management or non-management, may attend a training session when authorized by their supervisor.

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.

VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance 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.

Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10
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Policy No. 4

AUTOMOBILE ALLOWANCES AND

MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation Program 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 Department Head.

Employees in the following classifications shall be paid on a monthly basis the following automobile allowance:

Classification Allowance
Director of Administrative Services 300.00
Director of Community Development 300.00
Assistant City Manager 300.00
Director of Parks and Recreation 300.00
Director of Public Works 300.00
Chief Technology Officer/ 300.00
Director of Information Services
City Clerk 250.00
Senior Civil Engineer 250.00
Assistant Director of Public Works 250.00
City Engineer 250.00
Transportation Manager 250.00
Assistant Director of Parks and Recreation 200.00
Public Affairs Manager 200.00
Deputy City Manager 200.00
Recreation Supervisor 200.00
Recreation Manager 200.00
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
April 1, 1974
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11 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90,7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 7/11, 10/12, 12/12, 7/13, 11/15, 10/16, 11/16, 6/17, 7/19, 8/22 1282
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Policy No. 5

ASSOCIATION MEMBERSHIPS AND

PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation Program 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. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval.

Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations.

Adopted by Action of
the City Council
April 1, 1974
Revised
7/92
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13 City of Cupertino
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Policy No. 6

OVERTIME WORKED
EXEMPT POSITIONS:

Management and non-represented professional 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.

NON-EXEMPT POSITIONS:

Confidential employees are eligible for overtime or compensation time, at their discretion, for the time worked in excess of 40 hours per week. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, where forty hours have been worked in the same seven day period.

COMPENSATORY TIME OFF
At the employee’s discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash.

Employees, who have previously earned CTO, shall be allowed to schedule CTO at the employee’s discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing.

CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. An employee may carry over the unused balance into the next calendar year. Any unused carryover balance will be automatically paid out at the end of the calendar year.

An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash.
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14 STANDBY COMPENSATION
Employees in the classification of Information and Technology Assistant who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated $300.00 per 128 hours. Minimum staffing and skill qualifications for standby assignment shall be determined by the City.

Adopted by Action of
the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97, 4/07, 7/13, 10/16, 8/22
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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 employees in Management and Confidential positions 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.

Health In-Lieu Payments
City agrees to pay a monthly amount of three hundred seventy-five ($375.00) per month to the employee who can demonstrate that they have equivalent health coverage through their spouse, parent, or other group coverage and who request this cash payment in lieu of health insurance coverage.
*Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

Adopted by Action of the City Council
September 16, 1974
Revised
7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07,12/12, 7/13, 10/16, 7/19, 12/19, 8/22 1286
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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. Juneteenth

6. Independence day

7. Labor Day

8. Veteran’s Day

9. Thanksgiving Day

10. Day Following Thanksgiving

11. Christmas Eve

12. Christmas Day

13. 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 7, 1975
Revised 6/80, 6/89, 7/92, 7/99, 7/13, 8/22
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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 Management and Confidential employees 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.

Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees.

Adopted by Action of
the City Council
September 16, 1976
Revised 7/76, 6/80, 6/81, 6/82, 6/92, 10/16
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Policy No. 10

DEFERRED COMPENSATION
It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees 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 management and confidential 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 7, 1975
Revised 6/80, 7/87, 7/92, 7/99
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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
June, 1981
Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10, 10/12, 12/12, 7/13, 10/16, 7/19 1290
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Policy No. 12

DENTAL INSURANCE - EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions 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, 1983
Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07, 10/12, 10/16, 7/19 1291
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21 City of Cupertino
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Policy No. 13

ADMINISTRATIVE LEAVE
The department heads shall receive eighty (80) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive forty (40) 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 up to 80 hours of administrative leave to pay one time each calendar year.

Adopted by Action of
the City Council
July, 1988
Revised
7/92, 7/97, 7/99, 7/10, 12/12, 10/16, 8/22
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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 Management and Confidential employees 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
June 17, 1996
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Policy No. 15

VACATION ACCUMULATION
The department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service.

Benefited full-time employees accrue vacation in accordance with the following schedule.

Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis.

Service Time Annual Accruals Maximum Accrual
0 - 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours
10 – 14 Years 160 Hours 272 Hours
15 – 19 Years 176 Hours 320 Hours
20 + Years 192 Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.

VACATION CREDITS
The hiring manager, with the approval of the department head and the City Manager, may offer a vacation bank of up to 120 hours of vacation to a prospective candidate in the Unrepresented group. These hours do not vest for payoff purposes if the employee leaves service.

Adopted by Action of the City Council
July 7, 1997
Revised 6/99, 7/10, 12/12, 7/13, 10/16
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Policy No. 16

HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the department heads pursuant to Resolution No. 15-092.

Adopted by Action of the City Council
July 7, 1997
Revised 7/99, 7/10, 8/12, 10/15
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Policy No. 17
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 1997
Revised 7/99, 6/02, 6/03, 7/10, 10/12
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Policy No. 18

WORK OUT OF CLASSIFICATION/WORK IN DUAL CLASSIFICATION
Work Out of Classification – Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification or at a rate five (5) percent greater than that of the regular position, whichever is greater, for the number of hours assigned. In order to qualify for out-of-classification pay, an employee shall work a minimum of four (4) hours per day in the temporary assignment.

An employee may be assigned to work out of class in a higher classification when there is a vacant position for which a recruitment is being, or will be, conducted. Out of class assignments may not exceed 960 hours in a fiscal year. Compensation for work performed in an out-of-class capacity is included for purposes of calculating CalPERS compensation, however, this is at the discretion of CalPERS and future changes to CalPERS regulations would supersede the language of this section.

An employee may receive acting pay for working in a higher classification where a vacancy does not exist, in the case of an incumbent being on vacation or leave of absence, or due to the employee being asked to perform higher level work on any other temporary basis. Acting pay is not included for purposes of calculating CalPERS compensation.

The higher rate of pay shall be used in computing overtime when authorized overtime is worked in a non-exempt, out of class or acting work assignment. When a non-exempt employee is working out of class or acting in an exempt position for 20 hours or more in a work week, the employee will be ineligible to receive overtime pay for any and all hours worked in the exempt classification during that work week.

All requests for out of class pay or acting pay must be approved by the Director of Administrative Services or his/her designee.

Adopted by Action of the City Council
October 2016
Revised 7/19
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Policy No. 19

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 full time benefited employees who have completed the required probationary period 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 2019
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Policy No. 20

CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Unrepresented 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 2019
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29 City of Cupertino
Listing of Unrepresented Classifications by
Salary Rate or Pay Grades
Effective July 1, 2013 (Res. No. 13-061)
Amended 11/19/13 (Res. No. 13-099)
Amended 12/17/13 (Res. No. 13-108)
Amended 3/18/14 (Res. No. 14-130)
Amended 11/3/14 (Res. No. 14-209)
Amended 11/3/2015 (Res. No. 15-099 )
Amended 6/21/16 (Res. No. 16- )
Amended 10/4/16 (Res. No. )
Amended 10/18/16 (Res. No. )
Amended 11/15/16 (Res. No. )
Amended 6/20/17 (Res. No. )
Amended 10/17/17 (Res. No. )
Amended 7/16/19 (Res. No. )
Amended 11/19/19 (Res. No. )
Amended 6/7/22 (Res. No. )
Amended 8/16/22 (Res. No. )
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30 ATTACHMENT A

SALARY SCHEDULE
Salary Effective First Full Pay Period in July 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $45.03 $47.28 $49.64 $52.12 $54.73
ACCOUNTANT II $49.64 $52.12 $54.72 $57.46 $60.33
ACCOUNTING TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 ADMINISTRATIVE ASSISTANT $39.28 $41.24 $43.30 $45.47 $47.74 ASSISTANT CITY ATTORNEY $89.70 $94.18 $98.89 $103.83 $109.03 ASSISTANT CITY MGR $122.63 $128.76 $135.20 $141.96 $149.06 ASSISTANT TO THE CITY MANAGER $70.39 $73.91 $77.61 $81.49 $85.56 ASST DIR COMM DEV/BUILDING OFFICIAL $87.73 $92.12 $96.72 $101.56 $106.64 ASST DIR PARKS AND RECREATION $87.73 $92.12 $96.72 $101.56 $106.64 ASST DIR PUBLIC WORKS $91.27 $95.83 $100.63 $105.66 $110.94 BUDGET MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
BUSINESS SYSTEMS ANALYST $63.66 $66.84 $70.19 $73.70 $77.38 CAPITAL IMPV PROGRAM MGR $81.94 $86.04 $90.34 $94.86 $99.60 CHIEF TECHNOLOGY OFFICER $108.31 $113.73 $119.42 $125.39 $131.65 CITY CLERK $73.17 $76.82 $80.67 $84.70 $88.93
CITY ENGINEER $91.27 $95.83 $100.63 $105.66 $110.94
COMMUNITY RELATIONS COORDINATOR $45.28 $47.54 $49.92 $52.42 $55.04 DEPARTMENT HEAD $108.31 $113.73 $119.42 $125.39 $131.65 DEPUTY BUILDING OFFICIAL $71.33 $74.89 $78.64 $82.57 $86.70 DEPUTY CITY ATTORNEY $64.54 $67.77 $71.15 $74.71 $78.45 DEPUTY CITY CLERK $52.21 $54.82 $57.56 $60.44 $63.46
DEPUTY CITY MANAGER $87.73 $92.12 $96.72 $101.56 $106.64 DIRECTOR OF ADMIN SERVICES $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF COMM DEVELOPMENT $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PARKS AND RECREATION $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PUBLIC WORKS $111.48 $117.06 $122.91 $129.05 $135.51 ECONOMIC DEVELOPMENT MANAGER $78.76 $82.70 $86.83 $91.17 $95.73 EMERGENCY SERVICES COORDINATOR $45.28 $47.54 $49.92 $52.42 $55.04 ENVIRONMENTAL PROGRAMS MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 EXEC ASST TO CITY MANAGER $46.15 $48.46 $50.88 $53.43 $56.10 EXEC ASST TO THE CITY ATTNY $45.02 $47.28 $49.64 $52.11 $54.73 FINANCE MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
GIS COORDINATOR $48.48 $50.90 $53.45 $56.12 $58.93
GIS PROGRAM MANAGER $81.08 $85.13 $89.39 $93.86 $98.55
HUMAN RESOURCE ANALYST I $54.16 $56.87 $59.71 $62.70 $65.84 HUMAN RESOURCES ANALYST II $59.72 $62.70 $65.84 $69.13 $72.58 HUMAN RESOURCES ASSISTANT $32.62 $34.25 $35.96 $37.76 $39.65 HUMAN RESOURCES MANAGER $82.03 $86.14 $90.44 $94.97 $99.71 HUMAN RESOURCES TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 1301
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31 I.T. ASSISTANT $43.92 $46.12 $48.42 $50.84 $53.39

INNOVATION AND TECHNOLOGY MGR -
APPLICATIONS $81.08 $85.13 $89.39 $93.86 $98.55

INNOVATION AND TECHNOLOGY MGR -
INFRASTRUCTURE $81.08 $85.13 $89.39 $93.86 $98.55
LEGAL SERVICES MANAGER $46.49 $48.82 $51.26 $53.82 $56.52 MANAGEMENT ANALYST $54.63 $57.36 $60.23 $63.24 $66.40
NETWORK SPECIALIST $56.19 $59.00 $61.95 $65.05 $68.30
PARK RESTORATION IMPV MGR $76.64 $80.48 $84.50 $88.72 $93.16 PERMIT CENTER MANAGER $71.33 $74.89 $78.64 $82.57 $86.70 PLANNING MANAGER $82.45 $86.57 $90.90 $95.45 $100.22
PUBLIC AFFAIRS MANAGER $70.47 $73.99 $77.69 $81.58 $85.66 PUBLIC INFORMATION OFFICER $70.39 $73.91 $77.61 $81.49 $85.56 PUBLIC WORKS PROJECT MANAGER $67.37 $70.74 $74.28 $77.99 $81.89 PUBLIC WORKS SUPERVISOR $56.79 $59.63 $62.61 $65.74 $69.03 PURCHASING MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
RECREATION MANAGER $57.98 $60.88 $63.92 $67.12 $70.47
RECREATION SUPERVISOR $52.59 $55.22 $57.98 $60.88 $63.92 SENIOR ACCOUNTANT $57.47 $60.34 $63.36 $66.52 $69.85
SENIOR ASSISTANT CITY ATTORNEY $98.68 $103.61 $108.79 $114.23 $119.94 SENIOR CIVIL ENGINEER $76.97 $80.81 $84.85 $89.10 $93.55 SENIOR MANAGEMENT ANALYST $59.72 $62.70 $65.84 $69.13 $72.58 SENIOR PUBLIC WORKS PROJECT MANAGER $70.74 $74.28 $77.99 $81.89 $85.98 SERVICE CENTER SUPERINTENDENT $72.61 $76.24 $80.05 $84.06 $88.26 SUSTAINABILITY MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 TRANSPORTATION MANAGER $81.94 $86.04 $90.34 $94.86 $99.60 WEB SPECIALIST $49.68 $52.17 $54.77 $57.51 $60.39
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1 City of Cupertino
UNREPRESENTED 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 either as management or confidential positions shall be eligible for participation under the Unrepresented 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.

It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation.  It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given.

Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code.  These are as designated by the Appointing Authority and may be modified as circumstances warrant.

Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented.

MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:

Classification Title
Accountant I
Accountant II
Accounting Technician
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development/Building Official Assistant Director of Public Works
Assistant Director of Parks and Recreation and Community Services Assistant to the City Manager
Budget Manager
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head) City Architect
City Clerk
City Engineer
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2 Community Relations Coordinator
Deputy Building Official
Deputy City Attorney
Deputy City Clerk
Deputy City Manager
Director of Administrative Services (Department Head)
Director of Community Development (Department Head)
Director of Parks and Recreation and Community Services (Department Head) Director of Public Works
Economic Development Manager
Emergency Services Coordinator
Environmental Programs Manager
Executive Assistant to the City Attorney
Executive Assistant to the City Manager
Finance Manager
GIS Coordinator
GIS Program Manager
Human Resources AnalystI
Human Resources Analyst II
Human Resources Assistant
Human Resources Manager
Human Resources Technician
Information Technology Assistant
Innovation and Technology Manager– Applications
Innovation and Technology Manager ‐ Infrastructure
Legal Services Manager
Management Analyst
Network Specialist
Park Restoration and Improvement Manager
Permit Center Manager
Planning Manager
Public Information Officer
Public Affairs Manager
Public Works Projects Manager
Public Works Supervisor
Purchasing Manager
Recreation Manager
Recreation Supervisor
Senior Accountant
Senior Assistant City Attorney
Senior Civil Engineer
Senior Management Analyst
Senior Public Works Project Manager
Service Center Superintendent
Sustainability Manager
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3 Transportation Manager
Web Specialist
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, April 1, 1974
Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 10/12, 12/12, 7/13,11/13,12/13,3/14, 7/14, 11/15, 6/16, 10/16, 11/16, 6/17, 10/17, 7/19, 6/22, 8/22
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4 City of Cupertino
UNREPRESENTED 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 equitably of 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.

a. Effective the first full pay period after City Council adoption, a 4% salary increase will be added to the salary range of each classification in this unit. b. Effective the first full pay period in July 2020, a 3.5% salary increase will be added to the salary range of each classification in this unit.

Effective the first full pay period in July 2021, a 3% salary increase will be added to the salary range of each classification in this unit. c.a.Retroactive to the first full pay period after July 1, 2022, Effective the first full pay period in July 2021, a 5% salary increase will be added to the salary range of each classification in this unit. In addition, employees will receive a one-time non-pensionable $3,800 lump sum payment, which shall not be PERSable (i.e. counted towards base salary or final compensation for CalPERS retirement calculation).

See Attachment A for a list of paygrades.

In addition, equity adjustments as identified in the City’s 2019 total compensation survey shall occur  per Attachment B.

Adopted by Action
of the City Council
April 1, 1974
Revised 8/78, 7/79, 6/80, 7/92, 6/95, 10/12, 7/13, 10/16, 7/19, 8/22 Formatted: Font color: Red
Formatted: Indent: Left: 1", No bullets or numbering
Formatted: List Paragraph, Left, No bullets or numbering 1306
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5 City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 3

TRAINING AND CONFERENCES
I.  POLICY
A. Management Personnel
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.

B. Non‐Management Personnel
When authorized by their supervisor, a non‐management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined below for each.

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. 1307
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6 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.

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 1308
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7 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.

Where lodging is necessary for an activity that is notrelated 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. 1309
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8 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;

2. Political or charitable contributions or events;

3. Family expenses, including those of a partner when accompanying the employee on City‐ related 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; of those besides economic development staff;

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 AUTHORIZATION
A. Budgetary Limitations
Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.

B. Conference Attendance
Attendance at conferences or seminars by employees must be approved by their supervisor.

C. Meetings
Any employee, management or non‐management, may attend a meeting when authorized by their supervisor.

D. Training Sessions
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9 Any employee, management or non‐management, may attend a training session when authorized by their supervisor.

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.

VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance 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.

Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10
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10 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 4

AUTOMOBILE ALLOWANCES AND

MILEAGE REIMBURSEMENTS
It is City of Cupertino policy that eligible persons under this Compensation Program 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 Department Head.

Employees in the following classifications shall be paid on a monthly basis the following automobile allowance:

Classification                           Allowance
Director of Administrative Services                     300.00 Director of Community Development                  300.00 Assistant City Manager                         300.00
Director of Parks and Recreation and Community Services         300.00 Director of Public Works                         300.00 Chief Technology Officer/                      300.00
Director of Information Services
City Clerk                                 250.00
Senior Civil Engineer                                   250.00 Assistant Director of Public Works/City Engineer 250.00 City Engineer                                                                                       250.00 Transportation Manager                     250.00
Assistant Director of Parks and Recreation and Community Services 200.00 Public Affairs Manager                           200.00 Deputy City Manager                       200.00
Recreation Supervisor                            200.00 Recreation Manager                           200.00

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
April 1, 1974
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11 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90,7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 7/11, 10/12, 12/12, 7/13, 11/15, 10/16, 11/16, 6/17, 7/19, 8/22 1313
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12 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

PROFESSIONAL PUBLICATIONS
It is City of Cupertino policy that eligible persons under this Compensation Program 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.  Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval.

Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations.

Adopted by Action of
the City Council
April 1, 1974
Revised
7/92
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13 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 6

OVERTIME WORKED
EXEMPT POSITIONS:

Management and non‐represented professional 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.

NON‐EXEMPT POSITIONS:

Confidential employees are eligible for overtime or compensation time, at their discretion, for the time worked in excess of 40 hours per week.  Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, where forty hours have been worked in the same seven day period.

COMPENSATORY TIME OFF
At the employee’s discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one‐half for each hour worked in lieu of compensation in cash.

Employees, who have previously earned CTO, shall be allowed to schedule CTO at the employee’s discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing.

CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding 80 hours will be paid at the rate of time and one‐half.  An employee may carry over the unused balance into the next calendar year. Any unused carryover balance will be automatically paid out at the end of the calendar year.

An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash.

STANDBY COMPENSATION
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14 Employees in the classification of Information and Technology Assistant who are required to be available during their off‐shift hours for possible recall for emergency service shall be compensated $300.00 per 128 hours. Minimum staffing and skill qualifications for standby assignment shall be determined by the City.

Adopted by Action of the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97, 4/07, 7/13, 10/16, 8/22
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15 City of Cupertino
UNREPRESENTED 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 employees in Management and Confidential positions 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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16 Health In‐Lieu Payments

City agrees to pay a monthly amount of three hundred seventy‐five ($375.00) per month to the employee who can demonstrate that they have equivalent health coverage through their spouse, parent, or other group coverage and who request this cash payment in lieu of health insurance coverage.

*Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

Adopted by Action of the City Council
September 16, 1974
Revised
7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07,12/12, 7/13, 10/16, 7/19, 12/19, 8/22 1318
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17 City of Cupertino
UNREPRESENTED 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

4.5.Juneteenth

5.6.Independence day

6.7.Labor Day

7.8.Veteran’s Day

8.9.Thanksgiving Day

9.10. Day Following Thanksgiving

10.11. Christmas Eve

11.12. Christmas Day

12.13. 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 7, 1975
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18 Revised 6/80, 6/89, 7/92, 7/99, 7/13, 8/22
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19 City of Cupertino
UNREPRESENTED 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 Management and Confidential employees 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.

Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City.  The full cost of premiums for these programs shall be paid by the City for such employees.

Adopted by Action of
the City Council
September 16, 1976
Revised 7/76, 6/80, 6/81, 6/82, 6/92, 10/16
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UNREPRESENTED 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 management and confidential employees 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 management and confidential 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 7, 1975
Revised 6/80, 7/87, 7/92, 7/99
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21 City of Cupertino
UNREPRESENTED 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
June, 1981
Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10, 10/12, 12/12, 7/13, 10/16, 7/19 1323
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22 City of Cupertino
UNREPRESENTED 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 employees in Management and Confidential positions 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, 1983
Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07, 10/12, 10/16, 7/19 1324
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23 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 13

ADMINISTRATIVE LEAVE
The department heads shall receive eighty (80) hours of administrative leave with pay per year.  Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive forty (40) 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 up to 80 hours of administrative leave hours to pay one time each calendar year.

Adopted by Action of
the City Council
July, 1988
Revised
7/92, 7/97, 7/99, 7/10, 12/12, 10/16, 8/22
Formatted: Justified
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UNREPRESENTED 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 Management and Confidential employees 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
June 17, 1996
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25 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 15

VACATION ACCUMULATION
The department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees.  Credit shall be provided for previous public sector service time on a year‐for‐year basis as to annual vacation accumulation.   Credit shall only be given for completed years of service.   Public service credit shall not apply to any other supplemental benefit.  Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service.

Benefited full‐time employees accrue vacation in accordance with the following schedule.

Benefited employees who work less than a full‐time work schedule accrue vacation in accordance with the following schedule on a pro‐rated basis.

Service Time Annual Accruals Maximum Accrual
0 ‐ 3 Years     80 Hours 160 Hours
4 ‐ 9 Years   120 Hours 240 Hours
10 – 14 Years   160 Hours 272 Hours
15 – 19 Years    176 Hours 320 Hours
20 + Years   192 Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.

VACATION CREDITS
The hiring manager, with the approval of the department head and the City Manager, may offer a vacation bank of up to 120 hours of vacation to a prospective candidate in the Unrepresented group.  These hours do not vest for payoff purposes if the employee leaves service.

Adopted by Action of the City Council
July 7, 1997
Revised 6/99, 7/10, 12/12, 7/13, 10/16
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26 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 16

HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the department heads pursuant to Resolution No. 15‐092.

Adopted by Action of the City Council
July 7, 1997
Revised 7/99, 7/10, 8/12, 10/15
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
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 1997
Revised 7/99, 6/02, 6/03, 7/10, 10/12
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28 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18

WORK OUT OF CLASSIFICATION/WORK IN DUAL CLASSIFICATION
Work Out of Classification – Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification or at a rate five (5) percent greater than that of the regular position, whichever is greater, for the number of hours assigned.  In order to qualify for out‐of‐classification pay, an employee shall work a minimum of four (4) hours per day in the temporary assignment.

An employee may be assigned to work out of class in a higher classification when there is a vacant position for which a recruitment is being, or will be, conducted.  Out of class assignments may not exceed 960 hours in a fiscal year. Compensation for work performed in an out‐of‐class capacity is included for purposes of calculating CalPERS compensation, however, this is at the discretion of CalPERS and future changes to CalPERS regulations would supersede the language of this section.

An employee may receive acting pay for working in a higher classification where a vacancy does not exist, in the case of an incumbent being on vacation or leave of absence, or due to the employee being asked to perform higher level work on any other temporary basis. Acting pay is not included for purposes of calculating CalPERS compensation.

The higher rate of pay shall be used in computing overtime when authorized overtime is worked in a non‐exempt, out of class or acting work assignment.  When a non‐exempt employee is working out of class or acting in an exempt position for 20 hours or more in a work week, the employee will be ineligible to receive overtime pay for any and all hours worked in the exempt classification during that work week.

All requests for out of class pay or acting pay must be approved by the Director of Administrative Services or his/her designee.

Work in Dual Classifications – The City Manager may, in his or her sole discretion, grant a pay differential up to five percent (5%) above the higher base salary to an employee assigned by the City Managerto perform all of the duties of another position in addition to the employee’s regular duties, provided that a differential of dual assignments under this provision shall only be paid where the additional assignment is to a position equivalent to the level of the employee’s regular position in a different department or division than the employee’s regular classification, the duration of the additional assignment is for a period of one or more months, and the published base salary for the equivalent level position is the same or lower than the published salary for the employee’s current classification such that the employee does not quality for working out of class pay.
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29 Adopted by Action of the City Council
October 2016
Revised 7/19

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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 19

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 full time benefited employees who have completed the required probationary period 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 2019

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31 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 20

CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Unrepresented 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 2019
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32 City of Cupertino
Listing of Unrepresented Classifications by
Salary Rate or Pay Grades
Effective July 1, 2013 (Res. No. 13‐061)
Amended 11/19/13 (Res. No. 13‐099)
Amended 12/17/13 (Res. No. 13‐108)
Amended 3/18/14 (Res. No. 14‐130)
Amended 11/3/14 (Res. No. 14‐209)
Amended 11/3/2015 (Res. No. 15‐099 )
Amended 6/21/16 (Res. No. 16‐     )
Amended 10/4/16 (Res. No.      )
Amended 10/18/16 (Res. No.    )
Amended 11/15/16 (Res. No.     )
Amended 6/20/17 (Res. No.    )
Amended 10/17/17 (Res. No.     )
Amended 7/16/19 (Res. No.    )
Amended 11/19/19 (Res. No.    )
Amended 6/7/22 (Res. No.    )
Amended 8/16/22 (Res. No.    )
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33 ATTACHMENT A

SALARY SCHEDULE
Salary Effective First Full Pay Period in July 2022 and after Council Adoption – Amended November 19, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $45.03 $47.28 $49.64 $52.12 $54.73
ACCOUNTANT II $49.64 $52.12 $54.72 $57.46 $60.33
ACCOUNTING TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 ADMINISTRATIVE ASSISTANT $39.28 $41.24 $43.30 $45.47 $47.74 ASSISTANT CITY ATTORNEY $89.70 $94.18 $98.89 $103.83 $109.03 ASSISTANT CITY MGR $122.63 $128.76 $135.20 $141.96 $149.06 ASSISTANT TO THE CITY MANAGER $70.39 $73.91 $77.61 $81.49 $85.56 ASST DIR COMM DEV/BUILDING OFFICIAL $87.73 $92.12 $96.72 $101.56 $106.64 ASST DIR PARKS AND RECREATION $87.73 $92.12 $96.72 $101.56 $106.64 ASST DIR PUBLIC WORKS $91.27 $95.83 $100.63 $105.66 $110.94 BUDGET MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
BUSINESS SYSTEMS ANALYST $63.66 $66.84 $70.19 $73.70 $77.38 CAPITAL IMPV PROGRAM MGR $81.94 $86.04 $90.34 $94.86 $99.60 CHIEF TECHNOLOGY OFFICER $108.31 $113.73 $119.42 $125.39 $131.65 CITY CLERK $73.17 $76.82 $80.67 $84.70 $88.93
CITY ENGINEER $91.27 $95.83 $100.63 $105.66 $110.94
COMMUNITY RELATIONS COORDINATOR $45.28 $47.54 $49.92 $52.42 $55.04 DEPARTMENT HEAD $108.31 $113.73 $119.42 $125.39 $131.65 DEPUTY BUILDING OFFICIAL $71.33 $74.89 $78.64 $82.57 $86.70 DEPUTY CITY ATTORNEY $64.54 $67.77 $71.15 $74.71 $78.45 DEPUTY CITY CLERK $52.21 $54.82 $57.56 $60.44 $63.46
DEPUTY CITY MANAGER $87.73 $92.12 $96.72 $101.56 $106.64 DIRECTOR OF ADMIN SERVICES $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF COMM DEVELOPMENT $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PARKS AND RECREATION $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PUBLIC WORKS $111.48 $117.06 $122.91 $129.05 $135.51 ECONOMIC DEVELOPMENT MANAGER $78.76 $82.70 $86.83 $91.17 $95.73 EMERGENCY SERVICES COORDINATOR $45.28 $47.54 $49.92 $52.42 $55.04 ENVIRONMENTAL PROGRAMS MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 EXEC ASST TO CITY MANAGER $46.15 $48.46 $50.88 $53.43 $56.10 EXEC ASST TO THE CITY ATTNY $45.02 $47.28 $49.64 $52.11 $54.73 FINANCE MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
GIS COORDINATOR $48.48 $50.90 $53.45 $56.12 $58.93
GIS PROGRAM MANAGER $81.08 $85.13 $89.39 $93.86 $98.55
HUMAN RESOURCE ANALYST I $54.16 $56.87 $59.71 $62.70 $65.84 HUMAN RESOURCES ANALYST II $59.72 $62.70 $65.84 $69.13 $72.58 HUMAN RESOURCES ASSISTANT $32.62 $34.25 $35.96 $37.76 $39.65 HUMAN RESOURCES MANAGER $82.03 $86.14 $90.44 $94.97 $99.71 Formatted: Centered
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34 HUMAN RESOURCES TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 I.T. ASSISTANT $43.92 $46.12 $48.42 $50.84 $53.39
INNOVATION AND TECHNOLOGY MGR ‐
APPLICATIONS $81.08 $85.13 $89.39 $93.86 $98.55
INNOVATION AND TECHNOLOGY MGR ‐
INFRASTRUCTURE $81.08 $85.13 $89.39 $93.86 $98.55
LEGAL SERVICES MANAGER $46.49 $48.82 $51.26 $53.82 $56.52 MANAGEMENT ANALYST $54.63 $57.36 $60.23 $63.24 $66.40
NETWORK SPECIALIST $56.19 $59.00 $61.95 $65.05 $68.30
PARK RESTORATION IMPV MGR $76.64 $80.48 $84.50 $88.72 $93.16 PERMIT CENTER MANAGER $71.33 $74.89 $78.64 $82.57 $86.70 PLANNING MANAGER $82.45 $86.57 $90.90 $95.45 $100.22
PUBLIC AFFAIRS MANAGER $70.47 $73.99 $77.69 $81.58 $85.66 PUBLIC INFORMATION OFFICER $70.39 $73.91 $77.61 $81.49 $85.56 PUBLIC WORKS PROJECT MANAGER $67.37 $70.74 $74.28 $77.99 $81.89 PUBLIC WORKS SUPERVISOR $56.79 $59.63 $62.61 $65.74 $69.03 PURCHASING MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
RECREATION MANAGER $57.98 $60.88 $63.92 $67.12 $70.47
RECREATION SUPERVISOR $52.59 $55.22 $57.98 $60.88 $63.92 SENIOR ACCOUNTANT $57.47 $60.34 $63.36 $66.52 $69.85
SENIOR ASSISTANT CITY ATTORNEY $98.68 $103.61 $108.79 $114.23 $119.94 SENIOR CIVIL ENGINEER $76.97 $80.81 $84.85 $89.10 $93.55 SENIOR MANAGEMENT ANALYST $59.72 $62.70 $65.84 $69.13 $72.58 SENIOR PUBLIC WORKS PROJECT MANAGER $70.74 $74.28 $77.99 $81.89 $85.98 SERVICE CENTER SUPERINTENDENT $72.61 $76.24 $80.05 $84.06 $88.26 SUSTAINABILITY MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 TRANSPORTATION MANAGER $81.94 $86.04 $90.34 $94.86 $99.60 WEB SPECIALIST $49.68 $52.17 $54.77 $57.51 $60.39
Classification Step 1 Step 2 Step 3 Step 4 Step 5

ACCOUNTANT I
$

40.23 $

42.24 $

44.35 $

46.57 $

48.89 ACCOUNTANT II
$

44.34 $

46.56 $

48.89 $

51.34 $

53.90 ACCOUNTING TECHNICIAN
$

39.90 $

41.89 $

43.99 $

46.19 $

48.50 ADMINISTRATIVE ASSISTANT
$

35.09 $

36.84 $

38.69 $

40.62 $

42.65 ASSISTANT CITY ATTORNEY
$

80.13 $

84.14 $

88.34 $

92.76 $

97.40 ASSISTANT CITY MGR
$
106.67
$
112.01
$
117.61
$
123.49
$
129.66

ASSISTANT TO THE CITY MANAGER
$

61.24 $

64.30 $

67.51 $

70.89 $

74.43 ASST DIR COMM DEV/BUILDING OFFICIAL
$

76.32 $

80.13 $

84.14 $

88.35 $

92.76 ASST DIR PARKS AND RECREATION
$

76.32 $

80.13 $

84.14 $

88.35 $

92.76 1336
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35 ASST DIR PUBLIC WORKS/
$

79.40 $

83.36 $

87.53 $

91.91 $

96.51 BUSINESS SYSTEMS ANALYST
$

52.03 $

54.63 $

57.36 $

60.23 $

63.24 CAPITAL IMPV PROGRAM MGR
$

66.16 $

69.46 $

72.94 $

76.58 $

80.41 CHIEF TECHNOLOGY OFFICER
$

94.22 $

98.93 $
103.88
$
109.08
$
114.52

CITY CLERK
$

61.94 $

65.04 $

68.29 $

71.71 $

75.29 CITY ENGINEER
$

79.40 $

83.36 $

87.53 $

91.91 $

96.51 COMMUNITY RELATIONS COORDINATOR
$

40.45 $

42.47 $

44.60 $

46.83 $

49.17 DEPARTMENT HEAD
$

94.22 $

98.93 $
103.88
$
109.08
$
114.52

DEPUTY BUILDING OFFICIAL
$

61.99 $

65.08 $

68.34 $

71.76 $

75.34 DEPUTY CITY ATTORNEY
$

57.66 $

60.54 $

63.57 $

66.74 $

70.08 DEPUTY CITY CLERK
$

44.20 $

46.41 $

48.73 $

51.17 $

53.73 DEPUTY CITY MANAGER
$

72.60 $

76.24 $

80.05 $

84.05 $

88.25 DIRECTOR OF ADMIN SERVICES
$

94.22 $

98.93 $
103.88
$
109.08
$
114.52

DIRECTOR OF COMM DEVELOPMENT
$

94.22 $

98.93 $
103.88
$
109.08
$
114.52

DIRECTOR OF PARKS AND RECREATION
$

94.22 $

98.93 $
103.88
$
109.08
$
114.52

DIRECTOR OF PUBLIC WORKS
$

96.98 $
101.82
$
106.92
$
112.26
$
117.88

ECONOMIC DEVELOPMENT MANAGER
$

68.18 $

71.59 $

75.17 $

78.93 $

82.87 EMERGENCY SERVICES COORDINATOR
$

55.69 $

58.48 $

61.40 $

64.47 $

67.69 ENVIRONMENTAL PROGRAMS MANAGER
$

61.64 $

64.72 $

67.96 $

71.36 $

74.92 EXEC ASST TO CITY MANAGER
$

41.23 $

43.29 $

45.46 $

47.73 $

50.12 EXEC ASST TO THE CITY ATTNY
$

40.22 $

42.23 $

44.35 $

46.56 $

48.89 FINANCE MANAGER
$

70.54 $

74.06 $

77.77 $

81.65 $

85.74 GIS PROGRAM MANAGER
$

68.64 $

72.07 $

75.67 $

79.46 $

83.43 HUMAN RESOURCE ANALYST I
$

48.15 $

50.55 $

53.08 $

55.74 $

58.52 1337
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36 HUMAN RESOURCES ANALYST II
$

53.08 $

55.74 $

58.52 $

61.45 $

64.52 HUMAN RESOURCES ASSISTANT
$

29.14 $

30.60 $

32.13 $

33.73 $

35.42 HUMAN RESOURCES MANAGER
$

70.54 $

74.06 $

77.77 $

81.65 $

85.74 HUMAN RESOURCES TECHNICIAN
$

39.90 $

41.89 $

43.99 $

46.19 $

48.50 I.T. ASSISTANT
$

39.24 $

41.20 $

43.26 $

45.42 $

47.69 INNOVATION AND TECH MGR ‐ APPLICATIONS
$

68.64 $

72.07 $

75.67 $

79.46 $

83.43 INNOVATION AND TECH MGR ‐

INFRASTRUCTURE
$

68.64 $

72.07 $

75.67 $

79.46 $

83.43 LEGAL SERVICES MANAGER
$

41.54 $

43.61 $

45.80 $

48.08 $

50.49 MANAGEMENT ANALYST
$

48.56 $

50.99 $

53.54 $

56.21 $

59.03 NETWORK SPECIALIST
$

50.20 $

52.71 $

55.34 $

58.11 $

61.02 PARK RESTORATION IMPV MGR
$

66.16 $

69.46 $

72.94 $

76.58 $

80.41 PERMIT CENTER MANAGER
$

61.99 $

65.08 $

68.34 $

71.76 $

75.34 PLANNING MANAGER
$

68.91 $

72.36 $

75.97 $

79.77 $

83.76 PUBLIC AFFAIRS MANAGER
$

60.30 $

63.32 $

66.48 $

69.81 $

73.30 PUBLIC INFORMATION OFFICER
$

61.24 $

64.30 $

67.51 $

70.89 $

74.43 PUBLIC WORKS PROJECT MANAGER
$

58.15 $

61.06 $

64.11 $

67.32 $

70.68 PUBLIC WORKS SUPERVISOR
$

50.48 $

53.00 $

55.65 $

58.44 $

61.36 RECREATION MANAGER
$

51.80 $

54.38 $

57.10 $

59.96 $

62.96 RECREATION SUPERVISOR
$

46.98 $

49.33 $

51.80 $

54.38 $

57.10 SENIOR ACCOUNTANT
$

51.34 $

53.91 $

56.60 $

59.43 $

62.40 SENIOR ASSISTANT CITY ATTORNEY
$

88.15 $

92.56 $

97.19 $
102.05
$
107.15

SENIOR CIVIL ENGINEER
$

68.76 $

72.20 $

75.81 $

79.60 $

83.58 SENIOR MANAGEMENT ANALYST
$

53.08 $

55.74 $

58.52 $

61.45 $

64.52 SERVICE CENTER SUPERINTENDENT
$

64.10 $

67.30 $

70.67 $

74.20 $

77.91 1338
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37 SUSTAINABILITY MANAGER
$

61.64 $

64.72 $

67.96 $

71.36 $

74.92 TRANSPORTATION MANAGER
$

73.21 $

76.87 $

80.71 $

84.75 $

88.98 WEB SPECIALIST
$

44.38 $

46.60 $

48.93 $

51.38 $

53.95 Salary Effective First Full Pay Period in July  2020 – Amended November 19, 2019 Classification Step 1   Step 2   Step 3   Step 4   Step 5

ACCOUNTANT I
$

41.63 $

43.71 $

45.90 $

48.20 $

50.61 ACCOUNTANT II
$

45.90 $

48.19 $

50.60 $

53.13 $

55.79 ACCOUNTING TECHNICIAN
$

41.30 $

43.36 $

45.53 $

47.81 $

50.19 ADMINISTRATIVE ASSISTANT
$

36.32 $

38.13 $

40.04 $

42.04 $

44.14 ASSISTANT CITY ATTORNEY
$

82.94 $

87.08 $

91.44 $

96.01 $
100.81

ASSISTANT CITY MGR
$
113.39
$
119.06
$
125.01
$
131.26
$
137.82

ASSISTANT TO THE CITY MANAGER
$

65.09 $

68.34 $

71.76 $

75.35 $

79.12 ASST DIR COMM DEV/BUILDING OFFICIAL
$

81.12 $

85.18 $

89.44 $

93.91 $

98.60 ASST DIR PUBLIC WORKS
$

84.39 $

88.61 $

93.04 $

97.70 $
102.58

ASST DIR PARKS AND RECREATION
$

81.12 $

85.18 $

89.44 $

93.91 $

98.60 BUSINESS SYSTEMS ANALYST
$

56.55 $

59.37 $

62.34 $

65.46 $

68.73 CAPITAL IMPV PROGRAM MGR
$

70.87 $

74.41 $

78.13 $

82.04 $

86.14 CHIEF TECHNOLOGY OFFICER
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73

CITY CLERK
$

67.32 $

70.68 $

74.22 $

77.93 $

81.82 CITY ENGINEER
$

84.39 $

88.61 $

93.04 $

97.70 $
102.58

COMMUNITY RELATIONS COORDINATOR
$

41.87 $

43.96 $

46.16 $

48.47 $

50.89 DEPARTMENT HEAD
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73

DEPUTY BUILDING OFFICIAL
$

65.95 $

69.25 $

72.71 $

76.35 $

80.16 DEPUTY CITY ATTORNEY
$

59.67 $

62.66 $

65.79 $

69.08 $

72.54 1339
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38 DEPUTY CITY CLERK
$

48.03 $

50.44 $

52.96 $

55.61 $

58.39 DEPUTY CITY MANAGER
$

77.18 $

81.03 $

85.09 $

89.34 $

93.81 DIRECTOR OF ADMIN SERVICES
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73

DIRECTOR OF COMM DEVELOPMENT
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73

DIRECTOR OF PARKS AND RECREATION
$
100.15
$
105.16
$
110.42
$
115.94
$
121.73

DIRECTOR OF PUBLIC WORKS
$
103.08
$
108.23
$
113.65
$
119.33
$
125.29

ECONOMIC DEVELOPMENT MANAGER
$

72.82 $

76.47 $

80.29 $

84.30 $

88.52 EMERGENCY SERVICES COORDINATOR
$

59.20 $

62.16 $

65.26 $

68.53 $

71.95 ENVIRONMENTAL PROGRAMS MANAGER
$

66.99 $

70.34 $

73.85 $

77.55 $

81.42 EXEC ASST TO CITY MANAGER
$

42.67 $

44.81 $

47.05 $

49.40 $

51.87 EXEC ASST TO THE CITY ATTNY
$

41.62 $

43.71 $

45.90 $

48.19 $

50.60 FINANCE MANAGER
$

75.85 $

79.65 $

83.63 $

87.81 $

92.20 GIS PROGRAM MANAGER
$

74.59 $

78.32 $

82.24 $

86.35 $

90.67 HUMAN RESOURCE ANALYST I
$

50.08 $

52.59 $

55.21 $

57.98 $

60.87 HUMAN RESOURCES ANALYST II
$

55.22 $

57.98 $

60.87 $

63.92 $

67.11 HUMAN RESOURCES ASSISTANT
$

30.16 $

31.67 $

33.25 $

34.91 $

36.66 HUMAN RESOURCES MANAGER
$

75.85 $

79.65 $

83.63 $

87.81 $

92.20 HUMAN RESOURCES TECHNICIAN
$

41.30 $

43.36 $

45.53 $

47.81 $

50.19 I.T. ASSISTANT
$

40.61 $

42.64 $

44.77 $

47.01 $

49.36 INNOVATION AND TECH MGR ‐

INFRASTRUCTURE
$

74.59 $

78.32 $

82.24 $

86.35 $

90.67 INNOVATION AND TECH MGR ‐ APPLICATIONS
$

74.59 $

78.32 $

82.24 $

86.35 $

90.67 LEGAL SERVICES MANAGER
$

42.99 $

45.14 $

47.40 $

49.77 $

52.26 MANAGEMENT ANALYST
$

50.51 $

53.04 $

55.69 $

58.47 $

61.40 NETWORK SPECIALIST
$

51.95 $

54.55 $

57.28 $

60.14 $

63.15 1340
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39 PARK RESTORATION IMPV MGR
$

70.87 $

74.41 $

78.13 $

82.04 $

86.14 PERMIT CENTER MANAGER
$

65.95 $

69.25 $

72.71 $

76.35 $

80.16 PLANNING MANAGER
$

74.89 $

78.63 $

82.56 $

86.69 $

91.03 PUBLIC AFFAIRS MANAGER
$

65.16 $

68.42 $

71.84 $

75.43 $

79.20 PUBLIC INFORMATION OFFICER
$

65.09 $

68.34 $

71.76 $

75.35 $

79.12 PUBLIC WORKS PROJECT MANAGER
$

62.29 $

65.41 $

68.68 $

72.11 $

75.72 PUBLIC WORKS SUPERVISOR
$

52.51 $

55.13 $

57.89 $

60.79 $

63.82 RECREATION SUPERVISOR
$

48.62 $

51.06 $

53.61 $

56.29 $

59.10 SENIOR ACCOUNTANT
$

53.14 $

55.79 $

58.58 $

61.51 $

64.59 SENIOR ASSISTANT CITY ATTORNEY
$

91.24 $

95.80 $
100.59
$
105.62
$
110.90

SENIOR CIVIL ENGINEER
$

71.17 $

74.72 $

78.46 $

82.38 $

86.50 SENIOR MANAGEMENT ANALYST
$

55.22 $

57.98 $

60.88 $

63.92 $

67.11 SERVICE CENTER SUPERINTENDENT
$

67.14 $

70.50 $

74.02 $

77.72 $

81.61 RECREATION MANAGER
$

53.61 $

56.29 $

59.10 $

62.06 $

65.16 SUSTAINABILITY MANAGER
$

66.99 $

70.34 $

73.85 $

77.55 $

81.42 TRANSPORTATION MANAGER
$

75.77 $

79.56 $

83.54 $

87.71 $

92.10 WEB SPECIALIST
$

45.94 $

48.23 $

50.65 $

53.18 $

55.84 Salary Effective First Full Pay Period in July 2021 – Amended June 7, 2022 Classification Step 1   Step 2   Step 3   Step 4   Step 5

ACCOUNTANT I
$

42.88 $

45.03 $

47.28 $

49.64 $

52.12 ACCOUNTANT II
$

47.27 $

49.64 $

52.12 $

54.73 $

57.46 ACCOUNTING TECHNICIAN
$

42.53 $

44.66 $

46.89 $

49.24 $

51.70 ADMINISTRATIVE ASSISTANT
$

37.41 $

39.28 $

41.24 $

43.30 $

45.47 ASSISTANT CITY ATTORNEY
$

85.42 $

89.70 $

94.18 $

98.89 $
103.83
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40 ASSISTANT CITY MGR
$
116.79
$
122.63
$
128.76
$
135.20
$
141.96

ASSISTANT TO THE CITY MANAGER
$

68.72 $

72.15 $

75.76 $

79.55 $

83.53 ASST DIR COMM DEV/BUILDING OFFICIAL
$

83.55 $

87.73 $

92.12 $

96.72 $
101.56

ASST DIR PUBLIC WORKS/
$

86.92 $

91.27 $

95.83 $
100.63
$
105.66

ASST DIR PARKS AND RECREATION
$

83.55 $

87.73 $

92.12 $

96.72 $
101.56

BUSINESS SYSTEMS ANALYST
$

60.63 $

63.66 $

66.84 $

70.19 $

73.70 BUDGET MANAGER
$

78.13 $

82.03 $

86.14 $

90.44 $

94.97 CAPITAL IMPV PROGRAM MGR
$

72.99 $

76.64 $

80.48 $

84.50 $

88.72 CHIEF TECHNOLOGY OFFICER
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38

CITY CLERK
$

69.68 $

73.17 $

76.82 $

80.67 $

84.70 CITY ENGINEER
$

86.92 $

91.27 $

95.83 $
100.63
$
105.66

COMMUNITY RELATIONS COORDINATOR
$

43.12 $

45.28 $

47.54 $

49.92 $

52.42 DEPARTMENT HEAD
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38

DEPUTY BUILDING OFFICIAL
$

67.93 $

71.33 $

74.89 $

78.64 $

82.57 DEPUTY CITY ATTORNEY
$

61.47 $

64.54 $

67.77 $

71.15 $

74.71 DEPUTY CITY CLERK
$

49.72 $

52.21 $

54.82 $

57.56 $

60.44 DEPUTY CITY MANAGER
$

79.49 $

83.46 $

87.64 $

92.02 $

96.62 DIRECTOR OF ADMIN SERVICES
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38

DIRECTOR OF COMM DEVELOPMENT
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38

DIRECTOR OF PARKS AND RECREATION
$
103.15
$
108.31
$
113.73
$
119.42
$
125.38

DIRECTOR OF PUBLIC WORKS
$
106.17
$
111.48
$
117.06
$
122.91
$
129.05

ECONOMIC DEVELOPMENT MANAGER
$

75.01 $

78.76 $

82.70 $

86.83 $

91.17 EMERGENCY SERVICES COORDINATOR
$

62.50 $

65.62 $

68.90 $

72.35 $

75.96 ENVIRONMENTAL PROGRAMS MANAGER
$

72.45 $

76.07 $

79.87 $

83.87 $

88.06 1342
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41 EXEC ASST TO CITY MANAGER
$

43.95 $

46.15 $

48.46 $

50.88 $

53.43 EXEC ASST TO THE CITY ATTNY
$

42.87 $

45.02 $

47.28 $

49.63 $

52.12 FINANCE MANAGER
$

78.13 $

82.03 $

86.14 $

90.44 $

94.97 GIS PROGRAM MANAGER
$

77.22 $

81.08 $

85.13 $

89.39 $

93.86 HUMAN RESOURCE ANALYST I
$

51.58 $

54.16 $

56.87 $

59.71 $

62.70 HUMAN RESOURCES ANALYST II
$

56.87 $

59.72 $

62.70 $

65.84 $

69.13 HUMAN RESOURCES ASSISTANT
$

31.06 $

32.62 $

34.25 $

35.96 $

37.76 HUMAN RESOURCES MANAGER
$

78.13 $

82.03 $

86.14 $

90.44 $

94.97 HUMAN RESOURCES TECHNICIAN
$

42.53 $

44.66 $

46.89 $

49.24 $

51.70 I.T. ASSISTANT
$

41.83 $

43.92 $

46.12 $

48.42 $

50.84 INNOVATION AND TECH MGR ‐

INFRASTRUCTURE
$

77.22 $

81.08 $

85.13 $

89.39 $

93.86 INNOVATION AND TECH MGR ‐ APPLICATIONS
$

77.22 $

81.08 $

85.13 $

89.39 $

93.86 LEGAL SERVICES MANAGER
$

44.28 $

46.50 $

48.82 $

51.26 $

53.82 MANAGEMENT ANALYST
$

52.03 $

54.63 $

57.36 $

60.23 $

63.24 NETWORK SPECIALIST
$

53.51 $

56.19 $

59.00 $

61.95 $

65.05 PARK RESTORATION IMPV MGR
$

72.99 $

76.64 $

80.48 $

84.50 $

88.72 PERMIT CENTER MANAGER
$

67.93 $

71.33 $

74.89 $

78.64 $

82.57 PLANNING MANAGER
$

78.52 $

82.45 $

86.57 $

90.90 $

95.45 PUBLIC AFFAIRS MANAGER
$

67.12 $

70.47 $

73.99 $

77.69 $

81.58 PUBLIC INFORMATION OFFICER
$

67.04 $

70.39 $

73.91 $

77.61 $

81.49 PUBLIC WORKS PROJECT MANAGER
$

64.16 $

67.37 $

70.74 $

74.28 $

77.99 PUBLIC WORKS SUPERVISOR
$

54.08 $

56.79 $

59.63 $

62.61 $

65.74 PURCHASING MANAGER
$

78.13 $

82.03 $

86.14 $

90.44 $

94.97 RECREATION SUPERVISOR
$

50.08 $

52.59 $

55.22 $

57.98 $

60.88 1343
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42 SENIOR ACCOUNTANT
$

54.73 $

57.47 $

60.34 $

63.36 $

66.52 SENIOR ASSISTANT CITY ATTORNEY
$

93.98 $

98.68 $
103.61
$
108.79
$
114.23

SENIOR CIVIL ENGINEER
$

73.30 $

76.97 $

80.81 $

84.85 $

89.10 SENIOR MANAGEMENT ANALYST
$

56.87 $

59.72 $

62.70 $

65.84 $

69.13 SERVICE CENTER SUPERINTENDENT
$

69.15 $

72.61 $

76.24 $

80.05 $

84.06 RECREATION MANAGER
$

55.22 $

57.98 $

60.88 $

63.92 $

67.12 SUSTAINABILITY MANAGER
$

72.45 $

76.07 $

79.87 $

83.87 $

88.06 TRANSPORTATION MANAGER
$

78.04 $

81.94 $

86.04 $

90.34 $

94.86 WEB SPECIALIST
$

47.32 $

49.68 $

52.17 $

54.77 $

57.51 ATTACHMENT B

EQUITY ADJUSTMENTS
Classification                          July 2019    July 2020      July 2021 Accountant I 3.20% 0.00% 0.00%
Accountant II   3.20% 0.00% 0.00%
Accounting Technician 0.00% 0.00% 0.00%
Administrative Assistant 0.00% 0.00% 0.00%
Assistant Director Of Public Works Engineer 2.70% 2.70% 0.00% Assistant to the City Manager 2.70% 2.70% 2.50%
Assistant City Manager 2.70% 2.70% 0.00%
Assistant Director Of Community Dev/Building Official 2.70% 2.70% 0.00% Assistant Director of Recreation and Community
Services 2.70% 2.70% 0.00%
Business Systems Analyst 5.00% 5.00% 4.10%
Capital Improvement Program Manager 5.00% 3.50% 0.00%
Chief Technology Officer 2.70% 2.70% 0.00%
City Clerk 5.00% 5.00% 0.50%
Community Relations Coordinator 0.00% 0.00% 0.00%
Deputy Building Official 5.00% 2.80% 0.00%
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43 Deputy City Clerk 5.00% 5.00% 0.50%
Deputy City Manager 2.70% 2.70% 0.00%
Director Of Administrative Services 2.70% 2.70% 0.00%
Director of Community Development 2.70% 2.70% 0.00%
Director Of Public Works 2.70% 2.70% 0.00%
Director Of Recreation & Community Services 2.70% 2.70% 0.00% Economic Development Manager 5.00% 3.20% 0.00%
Emergency Services Coordinator 0.00% 0.00% 0.00%
Environmental Programs Manager 5.00% 5.00% 5.00%
Executive Assistant to the City Attorney 1.80% 0.00% 0.00% Executive Assistant To The City Manager 1.80% 0.00% 0.00% Finance Manager 5.00% 3.90% 0.00%
GIS Program Manager 5.00% 5.00% 0.50%
Human Resources Analyst I 5.00% 0.50% 0.00%
Human Resources Assistant 0.00% 0.00% 0.00%
Human Resources Analyst II 5.00% 0.50% 0.00%
Human Resources Manager 5.00% 3.90% 0.00%
Human Resources Technician 0.00% 0.00% 0.00%
Information Technology Assistant 4.40% 0.00% 0.00%
Innovation and Technology Manager – Applications 5.00% 5.00% 0.50% Innovation and Technology Manager ‐ Infrastructure 5.00% 5.00% 0.50% Legal Services Manager 1.80% 0.00% 0.00%
Management Analyst 5.00% 0.50% 0.00%
Network Specialist 1.30% 0.00% 0.00%
Park Restoration & Improvement Manager 5.00% 3.50% 0.00% Permit Center Manager 5.00% 2.80% 0.00%
Planning Manager 5.00% 5.00% 1.80%
Public Affairs Manager 5.00% 4.40% 0.00%
Public Information Officer 2.70% 2.70% 0.00%
Public Works Project Manager 5.00% 3.50% 0.00%
Public Works Supervisor 5.00% 0.50% 0.00%
Recreation Manager 0.00% 0.00% 0.00%
Recreation Supervisor 0.00% 0.00% 0.00%
Senior Accountant 3.20% 0.00% 0.00%
Senior Civil Engineer 4.00% 0.00% 0.00%
Senior Management Analyst 5.00% 0.50% 0.00%
Service Center Superintendent    5.00% 1.20% 0.00%
Sustainability Manager 5.00% 5.00% 5.00%
Transportation Manager 4.00% 0.00% 0.00%
Web Specialist 1.30% 0.00% 0.00%
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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, August 16, 2022
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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 equitabl e 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, August 16, 2022 1348
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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. 1349
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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.

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5 policy described in the next paragraph should be followed to find another comparable hotel.

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 1351
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1. The personal portion of any trip;

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 1352
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7 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.

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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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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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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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.

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
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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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. Juneteenth

6. Independence day

7. Labor Day

8. Veteran's Day

9. Thanksgiving Day

10. Day Following Thanksgiving

11. Christmas Eve

12. Christmas Day

13. 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, August 2022
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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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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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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 1361
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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 $114.30* 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, July 19, 2022
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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

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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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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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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21 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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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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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 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
Monthly Salary Effective August 17, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
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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, August XX16, 2022
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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, August 16, 2022 1371
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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. 1372
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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. 1373
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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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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

4.5.Juneteenth

5.6.Independence day

6.7.Labor Day

7.8.Veteran's Day

8.9.Thanksgiving Day

9.10. Day Following Thanksgiving

10.11. Christmas Eve

11.12. Christmas Day

12.13. 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, August 2022
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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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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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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 1385
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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 $114.30* 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, July 19, 2022
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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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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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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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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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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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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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25 Monthly Salary Effective August 17, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Formatted: Font color: Red
Formatted: Font color: Red, Not Highlight
Formatted: Not Highlight
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RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE UNREPRESENTED EMPLOYEES’ COMPENSATION

PROGRAMS
WHEREAS, the City Council desires to amend the Unrepresented Employees’ Compensation Programs.

WHEREAS, the City Council desires to amend the Unrepresented Employees’ classification plans pursuant to CMC 2.52.150.

NOW, THEREFORE, BE IT RESOLVED that the Unrepresented
Compensation Programs and Classification Plans be amended which are incorporated in this resolution by this reference and attached as Exhibits A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16
th day of August 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
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RESOLUTION NO. 22-XXX

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

WHEREAS, the City Council desires to amend the Appointed Employees’ classification plans pursuant to CMC 2.52.150.

NOW, THEREFORE, BE IT RESOLVED that the Appointed Compensation Programs and Classification Plans be amended which are incorporated in this resolution by this reference and attached as Exhibits C.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16
th day of August 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
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Senior Public Works Project Manager
Definition
Under general direction of the Capital Improvement Program (CIP) Manager, the Senior Public Works Project Manager assists in the supervision, planning, and implementation of the City's Capital Improvement Program, serves as project manager for complex projects, reviews and administers projects within the Program, provides written project analyses; performs community outreach and education; may supervise and provide technical and functional direction to CIP staff; and performs related work as required.

At any given timeframe, this job class may be responsible for one or more projects, or assigned aspect(s) of a larger project, of varying scope, diversity, andcomplexity.

Supervision Received and Exercised
May direct and supervise assigned staff and consultants, including project managers and their respective projects.

Class Characteristics
This is the advanced-level class in the project management series with responsibilities spanning the entire spectrum of the project management function, with a primary emphasis on complex current and long-range projects, as well as providing assistance to the CIP Manager on administration of the overall Capital Improvement Program.

This class is distinguished from the CIP Manager in that the latter has management responsibility and oversight of all CIP projects, and the CIP program as a whole.

Typical Job Functions
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.

Work with the CIP Manager and other staff to develop and implement the City's CIP; Provide supervision, direction, and training for Project Managers at lower classifications, and qualitative reviews of active projects at all phases of the work.

Assist in the development and application of City project delivery policies, following general guidelines or professional and administrative standards in accomplishing assignments. 1397
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Senior Public Works Project Manager