Cupertino City Council
August 16, 2022

Manage City projects including the planning, design and construction of buildings, parks, streets, utilities, and other facilities owned and operated by the City.

Proactively evaluate operations and activities of assigned responsibilities; recommend improvements and modifications; prepare reports of operations and activities.

Timely prioritize and direct the work of project assignments and be responsible for quality, schedule, and cost control; work closely with the supervisor to coordinate project work.

Regularly report to supervisor and others in the City organization on the status of projects and other assignments.

Perform project management activities which achieve, but are not limited to, planning, establishing, and executing project performance and design objectives, schedules, and budgets; regulatory compliance; process and project documentation; reporting the status.

Evaluate the work effort required for project and identify the resources to provide that work effort; prepare and execute plan to retain required staff and/or consultant skills.

Hire and supervise consultants retained to provide particular expertise for project studies, programming, development, design or management; participate in, or manage the selection, hiring, and development of contracts with consulting firms; negotiate contracts with outside consultants; act as owner’s representative for the City in directing consultants.

Plan and assist others in establishing project schedules and milestones; prepare and communicate schedules and report on progress of project activities; develop critical path or project flow diagrams to plan, set and evaluate progress on project tasks; timely communication of deviations from project schedule and propose alternatives to align project activities with planned schedule.

Plan and assist others in establishing project budgets; track and report on project expenditures; timely communication of deviations from project expenditure plan and propose alternatives to align expenditures with budget.

Coordinate with City Attorney’s Office on the preparation and review of required contract documents.

Participate in budget preparation and administration; prepare cost estimates for budget recommendations; submit justifications for staff, supplies, materials, and equipment; monitor and control expenditures.

Interpret and apply relevant codes, ordinances, rules, and regulations.

Oversee the preparation of project technical reports and design for approval/acceptance.

Perform the contract administration activities which include, but are not limited to, plan and specification preparation and reviews, contract preparation and execution, contract change order approval, payment approval, dispute resolution, acceptance, and bond release approval. 1398
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Senior Public Works Project Manager

Assist in the monitoring of engineering aspects of facility start-ups. Ensure project start-up plans and required documentation are completed and coordinated with GIS/IT, Operations and Maintenance Department personnel.

Prepare project staff reports and make presentations for City Council and advisory bodies.

Participate in the selection of staff; plan, prioritize, assign, supervise and review the work of assigned staff; provide or coordinate training and staff development opportunities; work with employees to correct performance deficiencies; implement disciplinary procedures.

Perform related duties as required.

Qualifications
Knowledge of:

Principles and practices of civil engineering, architecture, landscape architecture, capital improvements and design-build project delivery.

Principles and practices of project management. Principles and practices of management and supervision.

Contract negotiation and administration; conflict resolution techniques.

Principles of budget development and monitoring including development of control measures to remain within budget.

Principles and techniques for persuasive presentation of ideas and concepts in both oral and written formats.

Principles and practices of effective community outreach during pre-construction and construction.

Principles and practices of environmental requirements and permitting.

Ability to:

Prepare and administer project budgets; negotiate and administer a variety of contracts.

Develop and maintain positive relationships with community leaders, organizations, businesses, and staff; coordinate a variety of projects and activities inter- departmentally and with outside agencies.

Plan, organize, direct, and coordinate a variety of functional specialties with overlapping work areas.

Analyze and solve problems of a complex nature; analyze complex technical and administrative information and problems, evaluate alternative solutions, and recommend or adopt effective courses of action.
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Senior Public Works Project Manager

Supervise and direct subordinate professional and support staff; interpret and enforce administrative/operational polices, practices and procedures.

Maintain knowledge of and adherence to Federal, State and Local safety standards.

Communicate effectively and persuasively in both oral and written format.

Speak in large and small group settings, conduct staff meetings. Prepare and analyze comprehensive reports.

Exercise sound independent judgment within general policy guidelines.

Build and maintain positive and effective working relationships with co-workers, other employees, contractors and the public using principles of good customer service.

Education and Experience
Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be:

Equivalent to a bachelor’s degree from an accredited college or university with major course work in civil engineering, architecture, landscape architecture, construction management or a related field. Five years of increasingly responsible experience in project management work involving public works projects and facilities, including three years at a supervisor level or leading exceptionally complex projects. Experience managing large, complex, and multi-faceted projects is highly desirable.

Licenses and Certifications
Possession of a valid Certificate of Registration as a Professional [Civil] Engineer or Licensed Architect in the State of California is highly desirable. Possession of a valid California Class C Driver’s License is required.

Working Conditions
May be required to attend Commission/Committee/Council or community events meetings outside of regular work hours.

FLSA: Exempt
Est. 08/2022
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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 $977,306 $- $(977,306)
Special Revenue Funds $38,090 $- $(38,090)
Capital Projects Funds $- $- $-
Enterprise Funds $30,629 $- $(30,629)
Internal Service Funds $106,211 $- $(106,211)
Total Appropriation
Amendment All Funds $1,152,236 $- $(1,152,236)
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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 $27,227 $- $(27,227)
Special Revenue Funds $- $- $-
Capital Projects Funds $- $- $-
Enterprise Funds $- $- $-
Internal Service Funds $- $- $-
Total Appropriation
Amendment All Funds $27,227 $- $(27,227)
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CITY OF CUPERTINO
Agenda Item
22-11329 Agenda Date: 8/16/2022
Agenda #: 23.

Subject: Approve the July 1, 2022 through June 30, 2025 Memorandum of Understanding setting the salary and terms and conditions of employment for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21.

1. Adopt the Draft Resolution 22-107 amending the Memorandum of Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 based on the attached tentative agreements;

2. Adopt the Draft Resolution 22-108 to approve budget modification 23-233 increasing appropriations by $721,354 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contract; and

3. Approve the corresponding Salary Schedule for CEA 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 Cupertino City Employees’ Association (CEA)/IFPTE Local 21.

Recommended Action

1. Adopt the Draft Resolution 22-XXX amending the Memorandum of Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 based on the attached tentative agreements;

2. Adopt the Draft Resolution 22-XXX to approve budget modification 23-233 increasing appropriations by $721,354 ensuring that there are sufficient budget appropriations to cover the costs associated with the negotiated contract; and

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

Description
The City has reached a tentative agreement with the Cupertino City Employees’ Association (CEA)/IFPTE Local 21. 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, CEA/IFPTE Local 21 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 1408
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relation with and allowance of up to 40 hours of leave based on Human Resources Department's approval
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 CEA employees is attached for the Council's review and approval, effective July 1, 2022.

Fiscal Impact
The City will incur an additional cost of $721,354 in the first year (FY2022-23) for CEA 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 - CEA DRAFT CLEAN 7-29-22
B – MOU - CEA DRAFT REDLINE 7-29-22
C – 2021-04-20 Final CEA Side Letter Agreement - signed D – 2021-12-14 Rev CEA Side Letter Agreement (Clean) - signed E – 2022-07-14 Side Letter Agreement - Healthcare
F – 2022-07-14 Side Letter Agreement - Lump Sum
G – 2021-04-20 Final CEA POP Plan Side Letter Agreement H – Draft Resolution amending the CEA Local 21 MOU
I - Draft Resolution for budget modification 23-233 CEA 1409
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MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
IFPTE Local 21,
Cupertino Employees’ Association (CEA)
July 1, 2022 – June 30, 2025
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Table of Contents
Category Section Page Number
No Discrimination 1
Association Rights 2
Management Rights 3
Salary Schedule 4
Out of Classification & Acting Pay 5
Bilingual Pay Differential 6
Hours of Work – Overtime 7
Call Back Pay
Stretch Assignments
8 9
Contracting Out
Facilities Closure
10 11
PERS Contribution 12
Insurance Coverage 13
Safety Footwear
Holidays
14 15
Workers Compensation Benefits 16
Vacation 17
Sick Leave 18
Sick Leave Verification 19
Bereavement Leave 20
Military Leave 21
Pregnancy Disability Leave 22
Adoption Leave 23
Catastrophic Leave 24
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Absence Notification 25
Family Medical Leave Act 26
Education Reimbursement Program 27
City Sponsored Recreation Programs 28
Due Process
Grievance Procedure
29 30
Layoff Procedure 31
Reinstatement 32
Continuation of Benefits 33
Telecommuting / Remote Work 34
Separability 35
Ratification 36
Reopener 37
Term 38
Total Compensation Surveys 39
Salary Schedule Exhibit A
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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF CUPERTINO
AND
IFPTE LOCAL 21, CUPERTINO CITY EMPLOYEES’ ASSOCIATION
This is a three (3) year agreement, entered into the first full pay period after Association ratification and adoption by the City Council of this successor MOU and ending on June 30, 2025 between the City of Cupertino, hereinafter referred to as "City", and representatives of IFPTE Local 21 Cupertino City Employees’ Association, hereinafter referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties.

The Association may select not more than five (5) employees of which no more than two (2) may be from the same City department to be members of the CEA bargaining team for the purpose of negotiating a successor memorandum of understanding (MOU). The Association shall provide the City with the names of the selected successor MOU bargaining team within thirty (30) days of the first day of negotiations.

Classifications in the Association:

Account Clerk I
Account Clerk II
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Building Inspector
Case Manager
Code Enforcement Officer
Community Outreach Specialist
Engineering Technician
Environmental Compliance Technician
Environmental Programs Assistant
Environmental Programs Specialist
Facility Attendant
GIS Technician
Multimedia Communication Specialist
Office Assistant
Permit Technician
Plan Check Engineer
Public Works Inspector
Receptionist/Clerk
Recreation Assistant
Recreation Coordinator
Senior Building Inspector
Senior Code Enforcement Officer
Senior Engineering Technician
Senior Office Assistant
Senior Planner
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Senior Traffic Technician
Special Programs Coordinator
Traffic Signal Tech-Apprentice
Traffic Signal Technician
Traffic Technician
SECTION 1: NO DISCRIMINATION
In accordance with the City of Cupertino Equal Employment Opportunity policy, the City will afford equal 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, religion, political affiliation, national origin, sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), disability, sexual orientation (including heterosexuality, homosexuality and bisexuality), age, ancestry, citizenship status, uniformed service member status, marital status, medical condition, genetic information or characteristics, or for Association activity or any other basis protected by law.

SECTION 2: ASSOCIATION RIGHTS
The City and the CEA 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 CEA shall not be compulsory.

2.1 Automatic Payroll Deduction and Remittance
Upon certification by CEA that an employee has signed a deduction authorization, the City will deduct the appropriate dues from the employee's pay, as established and as may be changed from time to time byCEA, and remitsuch duesto CEA. Employee requeststo cancel or change deductions must be directed to CEA rather than to the City. An employee wishing to cancel or change deductions must mail a written revocation to CEA in accordance with the terms of the authorization form, or absent any such terms, by mailing a written revocation to CEA 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 CEA of any requested changes.

2.2 Access to New Employees
The Employer shall provide CEA written notice of, and access to, new employee orientation as set forth below.

A. Notice: The Employer shall provide at least 10 days’ written notice by email, to addresses that CEA shall provide, of any new employee orientation for positions in a CEA-represented classification, where information regarding employment status, rights, benefits, duties, responsibilities, or any other employment-related matter is provided. Less than ten (10) days’ written notice may be provided where there is an urgent need critical to the City’s operations that was not reasonably foreseeable. 1414
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B. Access: CEA shall notify the new employee and labor relations of a proposed thirty minute time slot, during normal working hours, for a maximum of two representatives, which may be either CEA members or IFPTE Local 21 affiliate representatives, to meet privately with the new employee. The purpose of the meeting shall be to provide information and communicate to its member the rights and obligations created by the contract and the role of the representative, and to answer questions, without management personnel or any other persons present. One representative may be a bargaining unit member, and any such bargaining unit member shall be on withoutloss-of-pay status provided the member gives his/her supervisor sufficient advance notice.

1. For reasons of operational necessity only, the Employer may notify CEA that the proposed time is unworkable and that CEA must propose an alternate time.

C. Information Exchange: Within thirty (30) days of hiring a new employee, or by the first pay period of the month following hire, the employer will provide IFPTE Local 21 with the below listed information in a digital or other usable data format:
1) Name
2) Job Title
3) Department
4) Work Location
5) Telephone number(s) [work, home and personal cellular] 6) Personal email address on file with employer
7) Home address of the new hire
Similarly, the City of Cupertino will also provide CEA with the above detailed information for all employees within the bargaining unit at least every ninety (90) calendar days in a digital or other usable data format.

The above information shall not be provided to CEA if the new hire or current employee within the bargaining unit makes a written request to opt out of such disclosure. Upon written request of the employee, the City will not disclose the employee’s home address, home telephone number, personal cellular telephone number, or personal email address to CEA, in accordance with Cal. Gov. Code Section 6254.3(c).

D. The ability to have a CEA representative present as part of orientation/onboarding shall not result in a delay of an employee’s start date.

E. Resolution of the above language satisfies the City’s bargaining obligations under AB 119, Government Code Section 3555-3559.

2.3 Hold Harmless
CEAshallindemnify and hold theCity harmlessfromany and all claims, demands,suits, or anyother action arising from the maintenance of dues deductions or from complying with any demand for termination hereunder, provided that the City promptly provide notice to CEAof any claim, demand, suit, or other action for which it isseeking indemnification.

CEA shall certify to the City of Cupertino that the Association has received and will 1415
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maintain an authorization,signed byeachindividual employee fromwhose salaryorwages a deduction or reduction is to be made. CEA 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. CEA shall indemnify the City for any claims made by an employee for deductions made in reliance on that certification.

2.4 Administrative Processing of CEA Dues
CEA shall provide the City with a thirty day advance written notice of any changes in the annual dues deduction amounts. CEA, which has affiliated with IFPTE Local 21, AFL-CIO shall provide the City with instructions regarding dues deductions to be remitted to IFPTE Local 21.

2.5 Reasonable Time Off to Meet and Confer
As a representative of a recognized employee organization, CEA Board members may be selected 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, CEA may select not more than six employee 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, or other meet and confer meetings.

2.6 Stewards
CEA 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. CEA 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.

2.7 Activities on City premises
Representatives of CEA shall be granted reasonable access to employee work locations to investigate matters relating to employer-employee relations, unless such access to given work locations would constitute a safety hazard or would interfere with the operations of the City. CEA/IFPTE Local 21 field representatives shall not enter a work location without first advising the department head or Human Resources office.

SECTION 3: MANAGEMENT RIGHTS
Consistent with the MMBA, it is the exclusive right of the City of Cupertino to direct its employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reason; classify and reclassify positions; and determine the methods, means, and personnel by which the City’s operations are to be conducted. Any of the rights, powers and authority the City had prior to entering into this Agreement are retained by the City except as expressly provided in this section. 1416
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While exercising its rights pursuant to the section, the City agrees to meet and confer with CEA representatives over matters within the statutory scope of bargaining.

SECTION 4: SALARY SCHEDULE
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.

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, call back pay and bilingual pay as part of the wage reopener discussion.

SECTION 5: OUT-OF-CLASSIFICATION AND ACTING PAY
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 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 Out-Of-Classification pay, an employee shall work a minimum of 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.

SECTION 6: BILINGUAL PAY DIFFERENTIAL
An employee must have taken and passed the required language proficiency test(s) prior to being asked to use bilingual skills for City work. An employee who performs bilingual work as approved by their supervisor is eligible to receive a 7.5% bilingual pay differential only for 1417
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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. Bilingual pay is not available retroactively to passing the exam.

SECTION 7: HOURS OF WORK: OVERTIME

7.1 Hours of Work Defined
Hours worked shall include all time assigned by employer 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.

7.2 Overtime
Overtime shall be defined as any work in excess of 40 hours in a seven day work period.

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.

7.3 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 employee’s hours of work will be made after ten days prior notice.

7.4 Rest Periods and Meal Breaks
Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. 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.

All employees shall be required to take an uninterrupted, unpaid meal period of a minimum of 30 minutes and a maximum of 60 minutes at or about the midpoint of their work day. The length of the meal period and the time the meal period is taken shall be agreed to between the employee and their supervisor or department head, based on operational necessities.

Employees are entirely relieved of responsibilities and restrictions during their meal period, unless they are assigned, in writing, to work an on-duty meal period, which will be treated as paid time. Employees may not use the meal break to reduce their regular daily work schedule, unless previously approved by their supervisor.

7.5 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 1418
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off, City Holidays or during an employee’s scheduled vacation shall be considered to be overtime and paid accordingly.

7.6 Compensatory Time Off (CTO)
At the employee’s discretion, compensatory time off 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 compensatory time, shall be allowed to schedule compensatory time off at dates of the employee’s selection provided that prior supervisory approval has been obtained.

CTO time 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 two times each calendar year to convert any/or all accumulated compensatory time to cash.

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

SECTION 8: CALL BACK PAY
If an employee is required to report for emergency or other duties during the employee’s offduty hours, the employee will be compensated at a rate of time and one half their base hourly rate for all hours worked, including necessary travel time.

SECTION 9: STRETCH ASSIGNMENTS
As part of the City’s Succession Development program, association members may be eligible for voluntary “stretch assignments”. Stretch Assignments differ from work out of class or acting assignments, and serve to prepare employees for future promotional opportunities within the City. Examples of stretch assignments include shadowing management staff; assisting with special projects or tasks; and cross-departmental training opportunities. Stretch assignments are voluntary and receive no additional compensation. Stretch assignments may be requested by employees, or offered by department management staff; however, such assignments should not impact the employee’s regular workload or position and should not result in overtime hours. Stretch assignments are offered solely at the discretion of management and are not grievable. Stretch assignments shall not be utilized to cover the work of an unfilled position or to cover work assignments of an employee on leave.

SECTION 10: CONTRACTING OUT
If contracting out bargaining unit work to outside contractors would result in layoff of bargaining unit members, the elimination of a bargaining unit position, or a permanent reduction in the hours worked by current bargaining unit employees, then the City shall meet the following requirements:
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1) The City will give CEA notice of at least sixty (60) days before the effective date of the outside contract.
2) Within such sixty (60) day period, CEA will have the opportunity to meet and confer on the impact of the contracting out on bargaining unit employees, and an opportunity to propose alternative ways in which such services could continue to be provided by the City workforce or alternate possibilities for cost savings. Nothing in this section shall be construed to limit the rights of the City to contract out work under the terms and conditions of this section.

Nothing in this section shall be construed to limit the rights of the City to enter into temporary contracts (less than one year) or contracts to fill an immediate need (such as a vacant position).

SECTION 11: FACILITIES CLOSURE
City facilities* will be closed from December 24 through January 1, of each year during the term of the contract only. Employees may use vacation, CTO, floating holiday, administrative leave, or leave without pay for work time missed during the closure week. With Supervisor and Department Head prior approval, an employee may opt to work during the facility closure. *The Sports Center and Blackberry Farm Golf Course may remain open on facilities closure days staffed by part-time employees
SECTION 12: PUBLIC EMPLOYEES RETIREMENT (PERS) CONTRIBUTION A. For Employees hired on or before December 29, 2012 Only For City of Cupertino 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 in the 2.7% at 55 Classic formula shall pay the full eight percent (8.0%) of applicable PERSable salary towards the full employee share of CalPERS pension contribution.

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 October, 2016, the City shall not pay the employee’s contribution share to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full seven percent (7.0%) of applicable PERSable salary towards the employee’s contribution share of CalPERS pension under this formula.

C. For employees hired by the City of Cupertino on of after January 1, 2013, or former CalPERS employees that do not qualify as Classic employees hired by the City of Cupertino on or after January 1, 2013 Only
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For employees hired by the City of Cupertino on or after January 1, 2013, 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 13: INSURANCE COVERAGE

13.1. Health - Medical and Dental Insurance
City agrees to pay an amount as set forth herein for medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contribute the maximum toward premium cost per month for health and dental during the term of this agreement as follows:

January 1, 2022 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1062.660
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 no longer pays 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.

The City reserves the right of selection and administration as to deferred compensation plan(s).

If during the term of this agreement, modifications are made to the Federal tax code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation.

If during the term of this agreement, new medical plans are identified that will be beneficial to the City and CEA, the contract will be reopened to discuss these plan options.

Health deductions for employee payments towards PEMHCA premiums shall occur on a bi-monthly basis consistent with CalPERS required PEMHCA payment schedule.

13.2 Health In-Lieu Payments
City agrees to pay a monthly amount of three hundred seventy-five ($375.00) per month to bargaining unit 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.
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13.3 Life Insurance
City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times 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.

13.4 Short Term and Long Term Disability Insurance
CEA employees 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. Employees may use leave banks to supplement lost salary during the 7 day elimination period. Bargaining unit members shall pay the 1% cost of CA SDI, which will be deducted from their biweekly paychecks. Until full enrollment in CA SDI becomes effective, bargaining unit members will continue to be covered by the current Short Term Disability plan during the transition. Integration of SDI with the City’s current Short Term Disability plan will be in accordance with SDI rules and regulations.

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 90 day elimination period.

13.5 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents at a cost of $14.94 monthly.

SECTION 14: SAFETY FOOTWEAR
The City shall provide safety footwear at a cost not to exceed $400 annually, for the bargaining unit classifications of Building Inspector and Public Works Inspector. The City will provide employees with a list of approved vendors and footwear, and will be billed directly by the vendor for payment. Any cost exceeding $400 will be borne by the employee.

SECTION 15: HOLIDAYS

15.1 Fixed Holidays
The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement:

1. New Year’s Day 8. Veteran’s Day

2. Martin Luther King Day 9. Thanksgiving Day

3. President’s Day 10. Day following Thanksgiving

4. Memorial Day

5. Juneteenth

11. Christmas Eve

12. Christmas Day

6. Independence Day 13. New Year’s Eve

7. Labor Day
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work day. When a holiday falls on a Sunday, the following Monday 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.

15.2 Floating Holidays
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 no less than one quarter of an hour.

Floating holiday leave shall be earned at a rate of .77 hours per pay period. Floating holiday leave may be accumulated up to 40 hours. Floating holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval.

15.3 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.

SECTION 16: 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.

16.1 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.

16.2 Use of Sick Leave for Industrial Injury Medical Appointments An employee who is required to see a physician regarding a work-related injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period.

SECTION 17: VACATION
All bargaining unit employees shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisory approval.
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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 160Hours 272 Hours
15 – 19 Years 176Hours 320 Hours
20 + Years 192Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.

Upon termination of employment, unused vacation may not be used to extend the final employment date beyond the annual accrual rate being earned. Any request to use accrued vacation hours beyond the last day of work must be submitted in writing, approved by the employee’s supervisor like all other vacation requests, and is irrevocable.

Represented employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions:

1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion.

2. Any payment for accrued vacation hours will be subject to taxes as determined by law.

3. Minimum exchange will be one day. Maximum exchange will be ten days.

4. All exchanges are irrevocable.

5. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year.

SECTION 18: 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 of 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 pro-rated amount of sick leave based on their regular hours worked in relation to 40 hours. Sick leave may be utilized due to the employee’s personal illness, injury, pregnancy disability or sickness or injury to the immediate family.

The employee’s immediate family consists of the following: children, stepchildren, 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.

With proper notification, sick leave shall be taken in periods of no less than one-half hour increments.

18.1 Sick Leave Conversion. Any employee hired before October 17, 2012, who is retiring, will have the option of applying any remaining sick leave to service credit. If an 1424
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employee is resigning, he/she will not have the option of applying sick leave hours to service credit.

18.2 Sick leave is not vested under California statutory law.

18.3 Employees hired before October 17, 2012 shall have the option of cashing out sick leave in accordance with Section 18.4 and 18.5.

18.4 If upon retirement the qualifying 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 bank at the employee’s discretion.

18.5 If upon resignation the qualifying employee has a minimum of 320 non-vested hours, payment shall be made for up to seventy percent (70%) of the value of the bank at the employee’s discretion.

18.6 Represented employees will have the option, subject to approval of the department head, 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. The minimum exchange will be 8 hours sick leave for 4 hours of vacation.

An employee may convert sick leave in excess of 320 hours to vacation leave on a oneto-one basis with a maximum of 48 hours and a minimum of 4 hours and may convert up to an additional 32 hours on the basis of one hour of sick leave to 0.7 hour of vacation leave. The conversion of sick leave in excess of 320 hours to vacation leave as described herein is limited to no more than a total of 80 hours per calendar year.

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

Such conversion 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 fourteen (14) calendar days in advance of intended vacation utilization.
b. 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.

NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented.

SECTION 19: SICK LEAVE VERIFICATION
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A Department Head or supervisor may at their discretion 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.

SECTION 20: 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 and father-inlaw. 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.

SECTION 21: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State and Federal 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.

SECTION 22: 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, the employee is in paid status. Any time the employee’s hours adjust to less than 40 hours per week, however 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 1426
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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.

SECTION 23: 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 as 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.

SECTION 24: CATASTROPHIC LEAVE
a. The City’s Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to establish standards for the granting of leave hours, and ask the applicant to submit further documentation from the treating physician, and to determine the applicant’s eligibility for catastrophic leave hours.
b. All benefited employees will be eligible to receive assistance. An employee does not have to be a contributor to be eligible.
c. A recipient must have used all of their available leave hours before he/she is eligible. d. The maximum amount is seven (7) days (State Disability Insurance becomes available at this time).
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e. Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. f. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. g. Active employees wishing to donate sick leave hours to the Catastrophic Leave bank will need to convert sick leave hours (maintaining a minimum of 320 hours after donation) to vacation leave hours.
h. 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.

Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate.

Donated leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of his or her regular pay.

An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when applying for funds.

SECTION 25: 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 of the reason for being absent by 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 himself/herself for three 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.

SECTION 26: FAMILY MEDICAL LEAVE /CALIFORNIA FAMILY RIGHTS ACTS 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 27: EDUCATION REIMBURSEMENT PROGRAM
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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 ($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.

SECTION 28: CITY SPONSORED RECREATION AND WELLNESS PROGRAMS CEA bargaining unit members 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.
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SECTION 29: DUE PROCESS
For demotions, suspensions of more than five days and terminations of employment, the City will provide written notice of the intended actions including the reasons therefore; a copy of any documents upon which the City relied in taking its action and an opportunity to respond, either orally or in writing, prior to the effective date of the disciplinary action.

Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee’s file will be removed from the file after three years, if requested in writing by the employee.

SECTION 30: GRIEVANCE PROCEDURE

30.1 Definition: a grievance is a good faith dispute or difference of opinion of an employee involving the meaning, interpretation or application of the express provisions of the Memorandum of Understanding between the City of Cupertino and CEA.

30.2 Step 1: An employee (grievant) who has a grievance shall bring it to the attention of the employee's immediate supervisor within ten (10) calendar days of the occurrence of knowledge of the act that is the basis for the dispute. If the grievant and the immediate supervisor are unable to resolve the matter within ten (10) calendar days of the date it is raised, the grievant has the right to submit a formal grievance to their next higher supervisor.

30.3 Step 2: If the grievance is not settled at Step 1 the grievant may submit a written grievance to the next higher supervisor within ten (10) calendar days after the supervisor’s oral answer in Step 1. The written grievance shall contain the following information:
a. The name, job classification and department of the grievant. b. The name of the grievant’s immediate supervisor.
c. A statement of the nature of the grievance including date and place of occurrence.
d. The specific provision alleged to have been violated. e. The remedy sought by the grievant.
f. If the grievant is not self-represented, the name of the individual or recognized employee organization designated to represent the grievant. g. Signature of grievant and date.
h. If the grievance is being submitted on behalf of the grievant by the recognized employee organization, it shall be signed and dated by the representative of the employee organization.

The supervisor or designee shall discuss the grievance within ten (10) calendar days with the grievant and/or designated representative at a time mutually agreeable to the parties. If a settlement is not reached, a written answer to the grievance shall be provided within ten (10) calendar days of the meeting.

30.4 Step 3: If the grievance is not settled at Step 2 the grievant may submit the grievance in writing to the grievant's Department Head, or, alternatively, if the Department 1430
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Head responded at Step 2, to the City Manager within ten (10) calendar days after the Step 2 written answer. The Department Head/City Manager shall discuss the grievance within ten (10) calendar days with the grievant and/or designated representative at a time mutually agreeable to the parties. If no settlement is reached, a written answer shall be provided within ten (10) calendar days of the meeting.

30.5 Step 4: If the grievance is not settled at Step 3, the grievant may submit the grievance to advisory arbitration within 14 calendar days after receipt of the decision at Step 2.

30.6 Advisory Arbitration:
a. The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar 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) day period, the parties shall 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 grievant/designated representative and the City shall have the right to strike two (2) names from the panel. The parties shall alternatively strike names until one remains. The person remaining shall be the advisory arbitrator.
b. 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 the grievant/designated representative and City representatives.
c. The City or the grievant/designated representative shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the grievant retain the right to employ legal counsel.
d. The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later.
e. More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing.
f. The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the grievant, or CEA/IFPTE Local 21, as appropriate; provided, however, that each party shall be responsible for compensating its own representatives and witnesses.

30.7 Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of the Memorandum of Understanding. 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 the MOU section or sections supporting the grievance. 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 to the City Manager. The City Manager will make the final decision. 1431
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SECTION 31: LAYOFF PROCEDURE
The appointing authority may lay off 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. All classifications and all departments citywide are subject to layoff considerations.

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 and layoff pay in the amount of $2,500 at the time of 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 32: REINSTATEMENT
With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for all purposes shall be considered as though they had received an original appointment.

SECTION 33: CONTINUATION OF BENEFITS
All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. However, the parties agree that any automatic economic triggers, formulas or escalators shall become inoperable and void upon expiration of this contract.

SECTION 34: TELECOMMUTING / REMOTE WORK
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the City of Cupertino’s expanded telecommuting policy.

SECTION 35: SEPARABILITY
In the event any provision 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 36: RATIFICATION
Nothing contained in this memorandum shall be binding upon either the City or the Association until it has been ratified by the Association’s membership and presented and approved by the City Council of the City.

SECTION 37: REOPENER
During the term of this Agreement, upon request by the City or CEA, the City and Association 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 38: TERM
This agreement shall be effective commencing the first full pay period after Association ratification and adoption by the City Council and ending at 11:59 p.m. June 30, 2025.

SECTION 39: TOTAL COMPENSATION SURVEYS
Management and CEA 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.

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
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 CEA six weeks before expiration of this agreement. This survey data will be considered in successor agreement negotiations.
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CITY EMPLOYEES’ ASSOCIATION CITY OF CUPERTINO
_____________________________ _____________________________ Alex Corbalis Kristina Alfaro
_____________________________ _____________________________ Gian Paolo Martire Vanessa Guerra
_____________________________ _____________________________ Alex Wykoff Laura Miyakawa
_____________________________
Nicole Lee
______________________________ ______________________________ Monica Diaz Dianne Thompson
______________________________ ______________________________ Stanley Young, IFPTE Local 21 Christopher Boucher, Boucher Law ______________________________
City Attorney, Approved as to form
Date: Date:
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EXHIBIT A
SECTION 2: SALARY SCHEDULE
Salaries Effective the First Full Pay Period of July, 2022 Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNT CLERK I $33.40 $35.07 $36.82 $38.66 $40.59
ACCOUNT CLERK II $36.82 $38.66 $40.59 $42.62 $44.75
ASSISTANT ENGINEER $56.49 $59.31 $62.27 $65.39 $68.66
ASSISTANT PLANNER $50.87 $53.41 $56.08 $58.88 $61.83
ASSOCIATE CIVIL ENGINEER $60.88 $63.92 $67.11 $70.47 $73.99 ASSOCIATE PLANNER $54.82 $57.56 $60.44 $63.46 $66.63
BUILDING INSPECTOR $53.81 $56.51 $59.33 $62.30 $65.41
CASE MANAGER $41.13 $43.19 $45.35 $47.62 $50.00
CODE ENFORCEMENT OFFICER $46.08 $48.38 $50.80 $53.34 $56.01 COMMUNITY OUTREACH SPECIALIST $42.60 $44.73 $46.97 $49.32 $51.78 ENGINEERING TECHNICIAN $44.39 $46.61 $48.94 $51.39 $53.96 ENV. PROG. COMPLIANCE TECHNICIAN $40.00 $42.00 $44.10 $46.31 $48.62 ENV. PROGRAMS SPECIALIST $51.57 $54.15 $56.86 $59.70 $62.68

ENVIRONMENTAL PROGRAMS
ASSISTANT $44.70 $46.94 $49.29 $51.75 $54.34
FACILITY ATTENDANT $31.26 $32.82 $34.47 $36.19 $38.00
GIS TECHNICIAN $44.39 $46.61 $48.94 $51.39 $53.96
MULTIMEDIA COMMUNICATIONS SPEC $56.18 $58.99 $61.94 $65.04 $68.29 OFFICE ASSISTANT $31.41 $32.98 $34.63 $36.37 $38.18
PERMIT TECHNICIAN $41.34 $43.41 $45.58 $47.86 $50.25
PLAN CHECK ENGINEER $62.27 $65.38 $68.64 $72.08 $75.68
PUBLIC WORKS INSPECTOR $53.81 $56.51 $59.33 $62.30 $65.41 RECEPTIONIST/CLERK $28.29 $29.70 $31.19 $32.75 $34.39
RECREATION ASSISTANT $20.24 $21.25 $22.31 $23.42 $24.60 RECREATION COORDINATOR $40.90 $42.95 $45.09 $47.35 $49.72 SENIOR BUILDING INSPECTOR $57.50 $60.38 $63.39 $66.56 $69.89 SENIOR CODE ENFORCEMENT OFFICER $48.43 $50.85 $53.39 $56.06 $58.86 SENIOR ENGINEERING TECHNICIAN $47.84 $50.23 $52.74 $55.38 $58.15 SENIOR OFFICE ASSISTANT $34.88 $36.62 $38.45 $40.38 $42.40 SENIOR PLANNER $58.78 $61.72 $64.81 $68.05 $71.45
SENIOR TRAFFIC TECHNICIAN $47.84 $50.23 $52.74 $55.38 $58.15 SPECIAL PROGRAMS COORDINATOR $33.77 $35.46 $37.23 $39.09 $41.05 TRAFFIC SIGNAL TECH APPRENTICE $43.01 $45.16 $47.42 $49.79 $52.28 TRAFFIC SIGNAL TECHNICIAN $49.79 $52.28 $54.89 $57.64 $60.52 TRAFFIC TECHNICIAN $44.39 $46.61 $48.94 $51.39 $53.96
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MEMORANDUM OF UNDERSTANDING
City of Cupertino
And
IFPTE Local 21,
Cupertino Employees’ Association (CEA)
July 161, 202219 – June 30, 20252
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Table of Contents
Category Section Page Number

No Discrimination 1
Association Rights 2
Management Rights 3
Salary Schedule 4

Out of Classification & Acting Pay 5

Bilingual Pay Differential 6
Hours of Work – Overtime 7
Call Back Pay
Stretch Assignments
8 9
Contracting Out
Facilities Closure
10 11

PERS Contribution 12
Insurance Coverage 13
Safety Footwear
Holidays
14 15

Workers Compensation Benefits 16
Vacation 17
Sick Leave 18
Sick Leave Verification 19
Bereavement Leave 20
Military Leave 21
Pregnancy Disability Leave 22
Adoption Leave 23

Catastrophic Leave 24
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Absence Notification 25

Family Medical Leave Act 26

Education Reimbursement Program 27

City Sponsored Recreation Programs 28

Due Process
Grievance Procedure
29 30

Layoff Procedure 31
Reinstatement 32
Continuation of Benefits 33
Telecommuting/Remote Work 34
Separability 354
Ratification 365

Reopener 376
Term 387
Total Compensation Surveys 398
Salary Schedule
Equity Adjustment Schedule
Exhibit A
Exhibit B

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF CUPERTINO
AND
IFPTE LOCAL 21, CUPERTINO CITY EMPLOYEES’ ASSOCIATION
This is a three (3) year agreement, entered into the first full pay period after Association ratification and adoption by the City Council of this successor MOU and ending on June 30, 20252 between the City of Cupertino, hereinafter referred to as "City", and representatives of IFPTE Local 21 Cupertino City Employees’ Association, hereinafter referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties.

The Association may select not more than five (5) employees of which no more than two (2) may be from the same City department to be members of the CEA bargaining team for the purpose of negotiating a successor memorandum of understanding (MOU). The Association shall provide the City with the names of the selected successor MOU bargaining team within thirty (30) days of the first day of negotiations.

Classifications in the Association:

Account Clerk I
Account Clerk II
Assistant Engineer
Assistant Planner
Associate Civil Engineer
Associate Planner
Building Inspector
Case Manager
Code Enforcement Officer
Community Outreach Specialist
Engineering Technician
Environmental Compliance Technician
Environmental Programs Assistant
Environmental Programs Specialist
Facility Attendant
GIS Technician
Multimedia Communication Specialist
Office Assistant
Permit Technician
Plan Check Engineer
Public Works Inspector
Receptionist/Clerk
Recreation Assistant
Recreation Coordinator
Senior Building Inspector
Senior Code Enforcement Officer
Senior Engineering Technician
Senior Office Assistant
Senior Planner
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Senior Traffic Technician
Special Programs Coordinator
Traffic Signal Tech-Apprentice
Traffic Signal Technician
Traffic Technician
SECTION 1: NO DISCRIMINATION
In accordance with the City of Cupertino Equal Employment Opportunity policy, the City will afford equal 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, religion, political affiliation, national origin, sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), disability, sexual orientation (including heterosexuality, homosexuality and bisexuality), age, ancestry, citizenship status, uniformed service member status, marital status, medical condition, genetic information or characteristics, or for Association activity or any other basis protected by law.

SECTION 2: ASSOCIATION RIGHTS
The City and the CEA 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 CEA shall not be compulsory.

2.1 Automatic Payroll Deduction and Remittance
Upon certification by CEA that an employee has signed a deduction authorization, the City will deduct the appropriate dues from the employee's pay, as established and as may be changed from time to time by CEA, and remit such dues to CEA. Employee requests to cancel or change deductions must be directed to CEA rather than to the City. An employee wishing to cancel or change deductions must mail a written revocation to CEA in accordance with the terms of the authorization form, or absent any such terms, by mailing a written revocation to CEA 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 CEA of any requested changes.

2.2 Access to New Employees
The Employer shall provide CEA written notice of, and access to, new employee orientation as set forth below.

A. Notice: The Employer shall provide at least 10 days’ written notice by email, to addresses that CEA shall provide, of any new employee orientation for positions in a CEA-represented classification, where information regarding employment status, rights, benefits, duties, responsibilities, or any other employment-related matter is provided. Less than ten (10) days’ written notice may be provided where there is an urgent need critical to the City’s operations that was not reasonably foreseeable. 1442
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B. Access: CEA shall notify the new employee and labor relations of a proposed thirty minute time slot, during normal working hours, for a maximum of two representatives, which may be either CEA members or IFPTE Local 21 affiliate representatives, to meet privately with the new employee. The purpose of the meeting shall be to provide information and communicate to its member the rights and obligations created by the contract and the role of the representative, and to answer questions, without management personnel or any other persons present. One representative may be a bargaining unit member, and any such bargaining unit member shall be on withoutloss-of-pay status provided the member gives his/her supervisor sufficient advance notice.

1. For reasons of operational necessity only, the Employer may notify CEA that the proposed time is unworkable and that CEA must propose an alternate time.

C. Information Exchange: Within thirty (30) days of hiring a new employee, or by the first pay period of the month following hire, the employer will provide IFPTE Local 21 with the below listed information in a digital or other usable data format:
1) Name
2) Job Title
3) Department
4) Work Location
5) Telephone number(s) [work, home and personal cellular] 6) Personal email address on file with employer
7) Home address of the new hire
Similarly, the City of Cupertino will also provide CEA with the above detailed information for all employees within the bargaining unit at least every ninety (90) calendar days in a digital or other usable data format.

The above information shall not be provided to CEA if the new hire or current employee within the bargaining unit makes a written request to opt out of such disclosure. Upon written request of the employee, the City will not disclose the employee’s home address, home telephone number, personal cellular telephone number, or personal email address to CEA, in accordance with Cal. Gov. Code Section 6254.3(c).

D. The ability to have a CEA representative present as part of orientation/onboarding shall not result in a delay of an employee’s start date.

E. Resolution of the above language satisfies the City’s bargaining obligations under AB 119, Government Code Section 3555-3559.

2.3 Hold Harmless
CEA shall indemnify and hold the City harmless from any and all claims, demands, suits, or 1443
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any other action arising from the maintenance of dues deductions or from complying with any demand for termination hereunder, provided that the City promptly provide notice to CEA of any claim, demand, suit, or other action for which it is seeking indemnification.

CEA shall certify to the City of Cupertino that the Association 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. CEA 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. CEA shall indemnify the City for any claims made by an employee for deductions made in reliance on that certification.

2.4 Administrative Processing of CEA Dues
CEA shall provide the City with a thirty day advance written notice of any changes in the annual dues deduction amounts. CEA, which has affiliated with IFPTE Local 21, AFL-CIO shall provide the City with instructions regarding dues deductions to be remitted to IFPTE Local 21.

2.5 Reasonable Time Off to Meet and Confer
As a representative of a recognized employee organization, CEA Board members may be selected 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, CEA may select not more than six employee 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, or other meet and confer meetings.

2.6 Stewards
CEA 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. CEA 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.

2.7 Activities on City premises
Representatives of CEA shall be granted reasonable access to employee work locations to investigate matters relating to employer-employee relations, unless such access to given work locations would constitute a safety hazard or would interfere with the operations of the City. CEA/IFPTE Local 21 field representatives shall not enter a work location without first advising the department head or Human Resources office.

SECTION 3: MANAGEMENT RIGHTS
Consistent with the MMBA, it is the exclusive right of the City of Cupertino to direct its 1444
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employees; take disciplinary action for proper cause; relieve its employees from duty because of lack of work or for other legitimate reason; classify and reclassify positions; and determine the methods, means, and personnel by which the City’s operations are to be conducted. Any of the rights, powers and authority the City had prior to entering into this Agreement are retained by the City except as expressly provided in this section.

While exercising its rights pursuant to the section, the City agrees to meet and confer with CEA representatives over matters within the statutory scope of bargaining.

SECTION 4: SALARY SCHEDULE
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.

Effective the first full pay period after Association ratification and adoption by the City Council of this successor MOU, a 45.0% salary increase will be added to the salary range of each classification in this bargaining unit retroactive to the first full pay period after July 1, 2022, and a one-time $3,800 lump sum payment.

Effective the first full pay period in July 2020, a 3.50% salary increase will be added to the salary range of each classification in this bargaining unit.

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.

In addition, total compensation equity adjustments as identified in the City’s 2019 Total Compensation Surveys. Effective the first full pay period after Association ratification and adoption by the Council of this successor MOU, salaries ranges shall be adjusted as listed on Exhibit B.

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, call back pay and bilingual pay as part of the wage reopener discussion.

SECTION 5: OUT-OF-CLASSIFICATION AND ACTING PAY
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 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 Out-Of-Classification pay, an employee shall work a minimum of 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 Formatted: Justified
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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.

SECTION 6: BILINGUAL PAY DIFFERENTIAL
An employee must have taken and passed the required language proficiency test(s) prior to being asked to use bilingual skills for City work. An employee who performs bilingual work as approved by their supervisor is 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. Bilingual pay is not available retroactively to passing the exam.

SECTION 7: HOURS OF WORK: OVERTIME

7.1 Hours of Work Defined

Hours worked shall include all time assigned by employer 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.

7.2 Overtime

Overtime shall be defined as any work in excess of 40 hours in a seven day work period.

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.

7.3 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 employee’s hours of work will be made after ten days prior notice.
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7.4 Rest Periods and Meal Breaks

Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. 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.

All employees shall be required to take an uninterrupted, unpaid meal period of a minimum of 30 minutes and a maximum of 60 minutes at or about the midpoint of their work day. The length of the meal period and the time the meal period is taken shall be agreed to between the employee and their supervisor or department head, based on operational necessities.

Employees are entirely relieved of responsibilities and restrictions during their meal period, unless they are assigned, in writing, to work an on-duty meal period, which will be treated as paid time. Employees may not use the meal break to reduce their regular daily work schedule, unless previously approved by their supervisor.

7.5 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.

7.6 Compensatory Time Off (CTO)

At the employee’s discretion, compensatory time off 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 compensatory time, shall be allowed to schedule compensatory time off at dates of the employee’s selection provided that prior supervisory approval has been obtained.

CTO time 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 two times each calendar year to convert any/or all accumulated compensatory time to cash.

7.7 Leave Accruals

An employee shall not accrue leave credits (vacation, sick leave) during a pay period if off without pay for more than 40 hours during said pay period.

SECTION 8: CALL BACK PAY
If an employee is required to report for emergency or other duties during the employee’s offduty hours, the employee will be compensated at a rate of time and one half their base hourly rate for all hours worked, including necessary travel time.

Formatted: Body Text Indent
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SECTION 9: STRETCH ASSIGNMENTS
As part of the City’s Succession Development program, association members may be eligible for voluntary “stretch assignments”. Stretch Assignments differ from work out of class or acting assignments, and serve to prepare employees for future promotional opportunities within the City. Examples of stretch assignments include shadowing management staff; assisting with special projects or tasks; and cross-departmental training opportunities. Stretch assignments are voluntary and receive no additional compensation. Stretch assignments may be requested by employees, or offered by department management staff; however, such assignments should not impact the employee’s regular workload or position and should not result in overtime hours. Stretch assignments are offered solely at the discretion of management and are not grievable. Stretch assignments shall not be utilized to cover the work of an unfilled position or to cover work assignments of an employee on leave.

SECTION 10: CONTRACTING OUT
If contracting out bargaining unit work to outside contractors would result in layoff of bargaining unit members, the elimination of a bargaining unit position, or a permanent reduction in the hours worked by current bargaining unit employees, then the City shall meet the following requirements:
1) The City will give CEA notice of at least sixty (60) days before the effective date of the outside contract.
2) Within such sixty (60) day period, CEA will have the opportunity to meet and confer on the impact of the contracting out on bargaining unit employees, and an opportunity to propose alternative ways in which such services could continue to be provided by the City workforce or alternate possibilities for cost savings. Nothing in this section shall be construed to limit the rights of the City to contract out work under the terms and conditions of this section.

Nothing in this section shall be construed to limit the rights of the City to enter into temporary contracts (less than one year) or contracts to fill an immediate need (such as a vacant position).

SECTION 11: FACILITIES CLOSURE
City facilities* will be closed from December 24 through January 1, of each year during the term of the contract only. Employees may use vacation, CTO, floating holiday, administrative leave, or leave without pay for work time missed during the closure week. With Supervisor and Department Head prior approval, an employee may opt to work during the facility closure. *The Sports Center and Blackberry Farm Golf Course may remain open on facilities closure days staffed by part-time employees
SECTION 12: PUBLIC EMPLOYEES RETIREMENT (PERS) CONTRIBUTION A. For Employees hired on or before December 29, 2012 Only For City of Cupertino 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. 1448
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Effective in the first full pay period in July 2017, each employee in the 2.7% at 55 Classic formula shall pay the full eight percent (8.0%) of applicable PERSable salary towards the full employee share of CalPERS pension contribution.

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 October, 2016, the City shall not pay the employee’s contribution share to the California Public Employees Retirement System (CalPERS) and each employee shall pay the full seven percent (7.0%) of applicable PERSable salary towards the employee’s contribution share of CalPERS pension under this formula.

C. For employees hired by the City of Cupertino on of after January 1, 2013, or former CalPERS employees that do not qualify as Classic employees hired by the City of Cupertino on or after January 1, 2013 Only
For employees hired by the City of Cupertino on or after January 1, 2013, 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 13: INSURANCE COVERAGE

13.1. Health - Medical and Dental Insurance

City agrees to pay an amount as set forth herein for medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contribute the maximum toward premium cost per month for health and dental during the term of this agreement as follows:

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
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Employee 935.88 126.78 1062.660
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 no longer pays 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.

The City reserves the right of selection and administration as to deferred compensation plan(s).

If during the term of this agreement, modifications are made to the Federal tax code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation.

If during the term of this agreement, new medical plans are identified that will be beneficial to the City and CEA, the contract will be reopened to discuss these plan options.

Health deductions for employee payments towards PEMHCA premiums shall occur on a bi-monthly basis consistent with CalPERS required PEMHCA payment schedule.

13.2 Health In-Lieu Payments

City agrees to pay a monthly amount of three hundred seventy-five ($375.00) per month to bargaining unit 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.

13.3 Life Insurance
City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times 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.

13.4 Short Term and Long Term Disability Insurance
CEA employees 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. Employees may use leave banks to supplement lost salary during the 7 day elimination period. Bargaining unit members shall pay the 1% cost of CA SDI, which will be deducted from their biweekly paychecks. Until full enrollment in CA SDI becomes effective, bargaining unit members will continue to be covered by the current Short Term Disability plan during the transition. Integration of SDI with the City’s current Short Term Disability plan will be in accordance with SDI rules and 1450
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regulations.

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 90 day elimination period.

13.5 Vision Care Insurance

The City shall provide Vision Care Insurance for employees and their dependents at a cost of $14.94 monthly.

SECTION 14: SAFETY FOOTWEAR
The City shall provide safety footwear at a cost not to exceed $400 annually, for the bargaining unit classifications of Building Inspector and Public Works Inspector. The City will provide employees with a list of approved vendors and footwear, and will be billed directly by the vendor for payment. Any cost exceeding $400 will be borne by the employee.

SECTION 15: HOLIDAYS

15.1 Fixed Holidays

The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement:

1. New Year’s Day 78. Veteran’s Day

2. Martin Luther King Day 89. Thanksgiving Day

3. President’s Day 910. Day following Thanksgiving

4. Memorial Day

5. Juneteenth
1110. Christmas Eve

56. Independence Day 1211. Christmas Day

67. Labor Day 1312. New Year’s Eve
When a holiday falls on a Saturday, the preceding Friday shall be observed as the nonwork day. When a holiday falls on a Sunday, the following Monday 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.

15.2 Floating Holidays

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 no less than one quarter of an hour.

Floating holiday leave shall be earned at a rate of .77 hours per pay period. Floating holiday leave may be accumulated up to 40 hours. Floating holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval.
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15.3 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.

SECTION 16: 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.

16.1 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.

16.2 Use of Sick Leave for Industrial Injury Medical Appointments

An employee who is required to see a physician regarding a work-related injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period.

SECTION 17: VACATION
All bargaining unit employees shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisory approval.

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 160Hours 272 Hours
15 – 19 Years 176Hours 320 Hours
20 + Years 192Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.

Upon termination of employment, unused vacation may not be used to extend the final employment date beyond the annual accrual rate being earned. Any request to use accrued vacation hours beyond the last day of work must be submitted in writing, approved by the 1452
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employee’s supervisor like all other vacation requests, and is irrevocable.

Represented employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions:

1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion.

2. Any payment for accrued vacation hours will be subject to taxes as determined by law.

3. Minimum exchange will be one day. Maximum exchange will be ten days.

4. All exchanges are irrevocable.

5. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year.

SECTION 18: 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 of 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 pro-rated amount of sick leave based on their regular hours worked in relation to 40 hours. Sick leave may be utilized due to the employee’s personal illness, injury, pregnancy disability or sickness or injury to the immediate family.

The employee’s immediate family consists of the following: children, stepchildren, 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.

With proper notification, sick leave shall be taken in periods of no less than one-half hour increments.

18.1 Sick Leave Conversion. Any employee hired before October 17, 2012, 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.

18.2 Sick leave is not vested under California statutory law.

18.3 Employees hired before October 17, 2012 shall have the option of cashing out sick leave in accordance with Section 18.4 and 18.5.

18.4 If upon retirement the qualifying 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 bank at the employee’s discretion.

18.5 If upon resignation the qualifying employee has a minimum of 320 non-vested hours, payment shall be made for up to seventy percent (70%) of the value of the bank at the employee’s discretion.
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18.6 Represented employees will have the option, subject to approval of the department head, 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. The minimum exchange will be 8 hours sick leave for 4 hours of vacation.

An employee may convert sick leave in excess of 320 hours to vacation leave on a oneto-one basis with a maximum of 48 hours and a minimum of 4 hours and may convert up to an additional 32 hours on the basis of one hour of sick leave to 0.7 hour of vacation leave. The conversion of sick leave in excess of 320 hours to vacation leave as described herein is limited to no more than a total of 80 hours per calendar year.

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

Such conversion 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 fourteen (14) calendar days in advance of intended vacation utilization.
b. 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.

NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented.

SECTION 19: 1: SICK LEAVE VERIFICATION
A Department Head or supervisor may at their discretion 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.

SECTION 20: 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 and father-inlaw. Additional bereavement leave of up to 16 hours will be granted for travel out of state or 1454
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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.

SECTION 21: MILITARY LEAVE
Military leave shall be granted in accordance with the provision of State and Federal 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.

SECTION 22: 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, the employee is in paid status. Any time the employee’s hours adjust to less than 40 hours per week, however 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 1455
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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.

SECTION 23: 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 as 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.

SECTION 24: CATASTROPHIC LEAVE
a. The City’s Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to establish standards for the granting of leave hours, and ask the applicant to submit further documentation from the treating physician, and to determine the applicant’s eligibility for catastrophic leave hours.
b. All benefited employees will be eligible to receive assistance. An employee does not have to be a contributor to be eligible.
c. A recipient must have used all of their available leave hours before he/she is eligible. d. The maximum amount is seven (7) days (State Disability Insurance becomes available at this time).
e. Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. f. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. g. Active employees wishing to donate sick leave hours to the Catastrophic Leave bank will need to convert sick leave hours (maintaining a minimum of 320 hours after donation) to vacation leave hours.
h. 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.

Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate.
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Donated leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of his or her regular pay.

An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when applying for funds.

SECTION 25: 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 of the reason for being absent by 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 himself/herself for three 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.

SECTION 26: FAMILY MEDICAL LEAVE /CALIFORNIA FAMILY RIGHTS ACTS 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 27: 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 1457
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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 ($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.

SECTION 28: CITY SPONSORED RECREATION AND WELLNESS PROGRAMS CEA bargaining unit members 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.

SECTION 29: DUE PROCESS
For demotions, suspensions of more than five days and terminations of employment, the City will provide written notice of the intended actions including the reasons therefore; a copy of any documents upon which the City relied in taking its action and an opportunity to respond, either orally or in writing, prior to the effective date of the disciplinary action. 1458
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Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee’s file will be removed from the file after three years, if requested in writing by the employee.

SECTION 30: GRIEVANCE PROCEDURE

30.1 Definition: a grievance is a good faith dispute or difference of opinion of an employee involving the meaning, interpretation or application of the express provisions of the Memorandum of Understanding between the City of Cupertino and CEA.

30.2 Step 1: An employee (grievant) who has a grievance shall bring it to the attention of the employee's immediate supervisor within ten (10) calendar days of the occurrence of knowledge of the act that is the basis for the dispute. If the grievant and the immediate supervisor are unable to resolve the matter within ten (10) calendar days of the date it is raised, the grievant has the right to submit a formal grievance to their next higher supervisor.

30.3 Step 2: If the grievance is not settled at Step 1 the grievant may submit a written grievance to the next higher supervisor within ten (10) calendar days after the supervisor’s oral answer in Step 1. The written grievance shall contain the following information:
a. The name, job classification and department of the grievant. b. The name of the grievant’s immediate supervisor.
c. A statement of the nature of the grievance including date and place of occurrence.
d. The specific provision alleged to have been violated. e. The remedy sought by the grievant.
f. If the grievant is not self-represented, the name of the individual or recognized employee organization designated to represent the grievant. g. Signature of grievant and date.
h. If the grievance is being submitted on behalf of the grievant by the recognized employee organization, it shall be signed and dated by the representative of the employee organization.

The supervisor or designee shall discuss the grievance within ten (10) calendar days with the grievant and/or designated representative at a time mutually agreeable to the parties. If a settlement is not reached, a written answer to the grievance shall be provided within ten (10) calendar days of the meeting.

30.4 Step 3: If the grievance is not settled at Step 2 the grievant may submit the grievance in writing to the grievant's Department Head, or, alternatively, if the Department Head responded at Step 2, to the City Manager within ten (10) calendar days after the Step 2 written answer. The Department Head/City Manager shall discuss the grievance within ten (10) calendar days with the grievant and/or designated representative at a time mutually agreeable to the parties. If no settlement is reached, a written answer shall be provided within ten (10) calendar days of the meeting.

30.5 Step 4: If the grievance is not settled at Step 3, the grievant may submit the grievance to advisory arbitration within 14 calendar days after receipt of the decision at Step 2. 1459
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30.6 Advisory Arbitration:
a. The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar 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) day period, the parties shall 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 grievant/designated representative and the City shall have the right to strike two (2) names from the panel. The parties shall alternatively strike names until one remains. The person remaining shall be the advisory arbitrator.
b. 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 the grievant/designated representative and City representatives.
c. The City or the grievant/designated representative shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the grievant retain the right to employ legal counsel.
d. The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later.
e. More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing.
f. The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the grievant, or CEA/IFPTE Local 21, as appropriate; provided, however, that each party shall be responsible for compensating its own representatives and witnesses.

30.7 Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of the Memorandum of Understanding. 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 the MOU section or sections supporting the grievance. 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 to the City Manager. The City Manager will make the final decision.

SECTION 31: LAYOFF PROCEDURE
The appointing authority may lay off 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. All classifications and all departments citywide are subject to layoff considerations.

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. 1460
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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 and layoff pay in the amount of $2,500 at the time of 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 32: REINSTATEMENT
With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for all purposes shall be considered as though they had received an original appointment.

SECTION 33: CONTINUATION OF BENEFITS
All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. However, the parties agree that any automatic economic triggers, formulas or escalators shall become inoperable and void upon expiration of this contract.

SECTION 34: TELECOMMUTING / REMOTE WORK
CEA bargaining unit employees will be considered for telework and adhere to the policy of the City of Cupertino’s expanded telecommuting policy.

SECTION 345: SEPARABILITY
In the event any provision 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 356: RATIFICATION
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Nothing contained in this memorandum shall be binding upon either the City or the Association until it has been ratified by the Association’s membership and presented and approved by the City Council of the City.

SECTION 367: REOPENER
During the term of this Agreement, upon request by the City or CEA, the City and Association 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 378: TERM
This agreement shall be effective commencing the first full pay period after Association ratification and adoption by the City Council and ending at 11:59 p.m. June 30, 20252.

SECTION 389: TOTAL COMPENSATION SURVEYS
Management and CEA 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.

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
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 CEA six weeks before expiration of this agreement. This survey data will be considered in successor agreement negotiations.

CITY EMPLOYEES’ ASSOCIATION CITY OF CUPERTINO
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Alex Corbalis Kristina Alfaro

Gian Paolo Martire Leslie DornellVanessa Guerra
_____________________________
Jeff OrdwayAlex Wykoff Benjamin FuLaura Miyakawa

Kane Wolfe Nicole Lee Christine Hanel

______________________________ ______________________________ Ursula Syrova Monica Diaz Deborah L. Feng Dianne Thompson

______________________________ ______________________________ Lamoin Werlein-Jaen Stanley Young, IFPTE Local 21Richard BolanosChristopher Boucher, Liebert, Cassidy, Whitmore Boucher Law
______________________________
City Attorney, Approved as to form
Date: Date:

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EXHIBIT A
SECTION 2: SALARY SCHEDULE
Salaries Effective First Full Pay Period After Council Adoption Grade Step 1   Step 2   Step 3   Step 4   Step 5

ACCOUNT CLERK I
$

29.83 $

31.33 $

32.89 $

34.54 $

36.26 ACCOUNT CLERK II
$

32.89 $

34.54 $

36.26 $

38.08 $

39.98 ASSET MANAGEMENT TECHNICIAN
$

39.66 $

41.64 $

43.72 $

45.91 $

48.21 ASSISTANT CIVIL ENGINEER
$

50.47 $

52.98 $

55.63 $

58.42 $

61.34 ASSISTANT PLANNER
$

45.31 $

47.57 $

49.95 $

52.45 $

55.07 ASSOCIATE CIVIL ENGINEER
$

54.39 $

57.10 $

59.96 $

62.96 $

66.10 ASSOCIATE PLANNER
$

48.83 $

51.27 $

53.83 $

56.52 $

59.35 BUILDING INSPECTOR
$

48.08 $

50.48 $

53.00 $

55.65 $

58.44 CASE MANAGER
$

36.75 $

38.58 $

40.51 $

42.54 $

44.67 CODE ENFORCEMENT OFFICER
$

41.16 $

43.22 $

45.38 $

47.65 $

50.03 COMMUNITY OUTREACH SPECIALIST
$

38.06 $

39.96 $

41.96 $

44.06 $

46.26 ENGINEERING TECHNICIAN
$

39.66 $

41.64 $

43.72 $

45.91 $

48.21 ENV. PROG. COMPLIANCE TECHNICIAN
$

35.74 $

37.52 $

39.40 $

41.37 $

43.44 ENV. PROGRAMS SPECIALIST
$

46.07 $

48.37 $

50.79 $

53.33 $

56.00 ENVIRONMENTAL PROGRAMS

ASSISTANT
$

39.94 $

41.93 $

44.03 $

46.23 $

48.54 FACILITY ATTENDANT
$

26.65 $

27.98 $

29.38 $

30.85 $

32.39 GIS TECHNICIAN
$

39.66 $

41.64 $

43.72 $

45.91 $

48.21 MULTIMEDIA COMMUNICATIONS SPEC
$

50.19 $

52.70 $

55.34 $

58.10 $

61.01 OFFICE ASSISTANT
$

27.76 $

29.15 $

30.60 $

32.13 $

33.74 PERMIT TECHNICIAN
$

36.93 $

38.78 $

40.72 $

42.76 $

44.89 PLAN CHECK ENGINEER
$

55.63 $

58.40 $

61.32 $

64.40 $

67.61 1464
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PUBLIC WORKS INSPECTOR
$

48.08 $

50.48 $

53.00 $

55.65 $

58.44 RECEPTIONIST/CLERK
$

25.00 $

26.25 $

27.56 $

28.94 $

30.39 RECREATION ASSISTANT
$

17.88 $

18.77 $

19.71 $

20.70 $

21.73 RECREATION COORDINATOR
$

36.54 $

38.37 $

40.28 $

42.30 $

44.41 SENIOR BUILDING INSPECTOR
$

51.37 $

53.94 $

56.64 $

59.47 $

62.44 SENIOR CODE ENFORCEMENT OFFICER
$

43.26 $

45.43 $

47.70 $

50.08 $

52.59 SENIOR ENGINEERING TECHNICIAN
$

42.74 $

44.88 $

47.12 $

49.48 $

51.95 SENIOR OFFICE ASSISTANT
$

30.82 $

32.36 $

33.98 $

35.68 $

37.46 SENIOR PLANNER
$

52.36 $

54.97 $

57.72 $

60.61 $

63.64 SENIOR TRAFFIC TECHNICIAN
$

42.74 $

44.88 $

47.12 $

49.48 $

51.95 SPECIAL PROGRAMS COORDINATOR
$

30.17 $

31.68 $

33.26 $

34.92 $

36.67 TRAFFIC SIGNAL TECH
$

38.42 $

40.34 $

42.36 $

44.48 $

46.70 TRAFFIC SIGNAL TECHNICIAN
$

44.48 $

46.70 $

49.04 $

51.49 $

54.07 TRAFFIC TECHNICIAN
$

39.66 $

41.64 $

43.72 $

45.91 $

48.21 1465
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Salaries Effective July 1, 2020

ACCOUNT CLERK I
$

30.88 $

32.42 $

34.04 $

35.75 $

37.53 ACCOUNT CLERK II
$

34.04 $

35.75 $

37.53 $

39.41 $

41.38 ASSET MANAGEMENT TECHNICIAN
$

41.05 $

43.10 $

45.25 $

47.52 $

49.89 ASSISTANT CIVIL ENGINEER
$

52.24 $

54.84 $

57.58 $

60.46 $

63.48 ASSISTANT PLANNER
$

47.03 $

49.38 $

51.85 $

54.45 $

57.17 ASSOCIATE CIVIL ENGINEER
$

56.29 $

59.10 $

62.06 $

65.16 $

68.42 ASSOCIATE PLANNER
$

50.69 $

53.22 $

55.88 $

58.68 $

61.61 BUILDING INSPECTOR
$

49.76 $

52.25 $

54.86 $

57.60 $

60.48 CASE MANAGER
$

38.03 $

39.93 $

41.93 $

44.03 $

46.23 CODE ENFORCEMENT OFFICER
$

42.60 $

44.73 $

46.97 $

49.32 $

51.79 COMMUNITY OUTREACH SPECIALIST
$

39.39 $

41.36 $

43.43 $

45.60 $

47.88 ENGINEERING TECHNICIAN
$

41.05 $

43.10 $

45.25 $

47.52 $

49.89 ENV. PROG. COMPLIANCE TECHNICIAN
$

36.99 $

38.84 $

40.78 $

42.82 $

44.96 ENV. PROGRAMS SPECIALIST
$

47.68 $

50.07 $

52.57 $

55.20 $

57.96 ENVIRONMENTAL PROGRAMS

ASSISTANT
$

41.33 $

43.40 $

45.57 $

47.85 $

50.24 FACILITY ATTENDANT
$

28.91 $

30.35 $

31.87 $

33.46 $

35.14 GIS TECHNICIAN
$

41.05 $

43.10 $

45.25 $

47.52 $

49.89 MULTIMEDIA COMMUNICATIONS SPEC
$

51.95 $

54.55 $

57.27 $

60.14 $

63.15 OFFICE ASSISTANT
$

29.05 $

30.50 $

32.02 $

33.63 $

35.31 PERMIT TECHNICIAN
$

38.23 $

40.14 $

42.15 $

44.25 $

46.47 PLAN CHECK ENGINEER
$

57.58 $

60.45 $

63.47 $

66.65 $

69.98 PUBLIC WORKS INSPECTOR
$

49.76 $

52.25 $

54.86 $

57.60 $

60.48 RECEPTIONIST/CLERK
$

26.16 $

27.47 $

28.84 $

30.28 $

31.80 RECREATION ASSISTANT
$

18.71 $

19.65 $

20.63 $

21.66 $

22.74 RECREATION COORDINATOR
$

37.82 $

39.71 $

41.69 $

43.78 $

45.97 1466
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SENIOR BUILDING INSPECTOR
$

53.17 $

55.83 $

58.62 $

61.55 $

64.63 SENIOR CODE ENFORCEMENT OFFICER
$

44.78 $

47.02 $

49.37 $

51.84 $

54.43 SENIOR ENGINEERING TECHNICIAN
$

44.24 $

46.45 $

48.77 $

51.21 $

53.77 SENIOR OFFICE ASSISTANT
$

32.25 $

33.86 $

35.56 $

37.33 $

39.20 SENIOR PLANNER
$

54.35 $

57.07 $

59.92 $

62.92 $

66.06 SENIOR TRAFFIC TECHNICIAN
$

44.24 $

46.45 $

48.77 $

51.21 $

53.77 SPECIAL PROGRAMS COORDINATOR
$

31.22 $

32.78 $

34.42 $

36.14 $

37.95 TRAFFIC SIGNAL TECH
$

39.77 $

41.76 $

43.84 $

46.04 $

48.34 TRAFFIC SIGNAL TECHNICIAN
$

46.04 $

48.34 $

50.76 $

53.29 $

55.96 TRAFFIC TECHNICIAN
$

41.05 $

43.10 $

45.25 $

47.52 $

49.89 1467
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Salaries Effective the First Full Pay Period of July 1, 20221 Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNT CLERK I $33.40 $35.07 $36.82 $38.66 $40.59
ACCOUNT CLERK II $36.82 $38.66 $40.59 $42.62 $44.75
ASSISTANT ENGINEER $56.49 $59.31 $62.27 $65.39 $68.66
ASSISTANT PLANNER $50.87 $53.41 $56.08 $58.88 $61.83
ASSOCIATE CIVIL ENGINEER $60.88 $63.92 $67.11 $70.47 $73.99 ASSOCIATE PLANNER $54.82 $57.56 $60.44 $63.46 $66.63
BUILDING INSPECTOR $53.81 $56.51 $59.33 $62.30 $65.41
CASE MANAGER $41.13 $43.19 $45.35 $47.62 $50.00
CODE ENFORCEMENT OFFICER $46.08 $48.38 $50.80 $53.34 $56.01 COMMUNITY OUTREACH SPECIALIST $42.60 $44.73 $46.97 $49.32 $51.78 ENGINEERING TECHNICIAN $44.39 $46.61 $48.94 $51.39 $53.96 ENV. PROG. COMPLIANCE TECHNICIAN $40.00 $42.00 $44.10 $46.31 $48.62 ENV. PROGRAMS SPECIALIST $51.57 $54.15 $56.86 $59.70 $62.68

ENVIRONMENTAL PROGRAMS
ASSISTANT $44.70 $46.94 $49.29 $51.75 $54.34
FACILITY ATTENDANT $31.26 $32.82 $34.47 $36.19 $38.00
GIS TECHNICIAN $44.39 $46.61 $48.94 $51.39 $53.96
MULTIMEDIA COMMUNICATIONS SPEC $56.18 $58.99 $61.94 $65.04 $68.29 OFFICE ASSISTANT $31.41 $32.98 $34.63 $36.37 $38.18
PERMIT TECHNICIAN $41.34 $43.41 $45.58 $47.86 $50.25
PLAN CHECK ENGINEER $62.27 $65.38 $68.64 $72.08 $75.68
PUBLIC WORKS INSPECTOR $53.81 $56.51 $59.33 $62.30 $65.41 RECEPTIONIST/CLERK $28.29 $29.70 $31.19 $32.75 $34.39
RECREATION ASSISTANT $20.24 $21.25 $22.31 $23.42 $24.60 RECREATION COORDINATOR $40.90 $42.95 $45.09 $47.35 $49.72 SENIOR BUILDING INSPECTOR $57.50 $60.38 $63.39 $66.56 $69.89 SENIOR CODE ENFORCEMENT OFFICER $48.43 $50.85 $53.39 $56.06 $58.86 SENIOR ENGINEERING TECHNICIAN $47.84 $50.23 $52.74 $55.38 $58.15 SENIOR OFFICE ASSISTANT $34.88 $36.62 $38.45 $40.38 $42.40 SENIOR PLANNER $58.78 $61.72 $64.81 $68.05 $71.45
SENIOR TRAFFIC TECHNICIAN $47.84 $50.23 $52.74 $55.38 $58.15 SPECIAL PROGRAMS COORDINATOR $33.77 $35.46 $37.23 $39.09 $41.05 TRAFFIC SIGNAL TECH APPRENTICE $43.01 $45.16 $47.42 $49.79 $52.28 TRAFFIC SIGNAL TECHNICIAN $49.79 $52.28 $54.89 $57.64 $60.52 TRAFFIC TECHNICIAN $44.39 $46.61 $48.94 $51.39 $53.96
Grade Step 1 Step 2 Step 3 Step 4 Step 5

ACCOUNT CLERK I
$

31.81 $

33.40 $

35.07 $

36.82 $

38.66 ACCOUNT CLERK II
$

35.07 $

36.82 $

38.66 $

40.59 $

42.62 ASSET MANAGEMENT TECHNICIAN
$

42.28 $

44.39 $

46.61 $

48.94 $

51.39 ASSISTANT CIVIL ENGINEER
$

53.80 $

56.48 $

59.31 $

62.28 $

65.39 Formatted: Centered
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ASSISTANT PLANNER
$

48.44 $

50.87 $

53.41 $

56.08 $

58.88 ASSOCIATE CIVIL ENGINEER
$

57.98 $

60.87 $

63.92 $

67.12 $

70.47 ASSOCIATE PLANNER
$

52.21 $

54.82 $

57.56 $

60.44 $

63.46 BUILDING INSPECTOR
$

51.25 $

53.81 $

56.51 $

59.33 $

62.30 CASE MANAGER
$

39.17 $

41.13 $

43.19 $

45.35 $

47.62 CODE ENFORCEMENT OFFICER
$

43.88 $

46.08 $

48.38 $

50.80 $

53.34 COMMUNITY OUTREACH SPECIALIST
$

40.57 $

42.60 $

44.73 $

46.97 $

49.32 ENGINEERING TECHNICIAN
$

42.28 $

44.39 $

46.61 $

48.94 $

51.39 ENV. PROG. COMPLIANCE TECHNICIAN
$

38.10 $

40.00 $

42.00 $

44.10 $

46.31 ENV. PROGRAMS SPECIALIST
$

49.11 $

51.57 $

54.15 $

56.86 $

59.70 ENVIRONMENTAL PROGRAMS

ASSISTANT
$

42.57 $

44.70 $

46.94 $

49.29 $

51.75 FACILITY ATTENDANT
$

29.77 $

31.26 $

32.82 $

34.47 $

36.19 GIS TECHNICIAN
$

42.28 $

44.39 $

46.61 $

48.94 $

51.39 MULTIMEDIA COMMUNICATIONS SPEC
$

53.51 $

56.18 $

58.99 $

61.94 $

65.04 OFFICE ASSISTANT
$

29.92 $

31.41 $

32.98 $

34.63 $

36.37 PERMIT TECHNICIAN
$

39.37 $

41.34 $

43.41 $

45.58 $

47.86 PLAN CHECK ENGINEER
$

59.31 $

62.26 $

65.38 $

68.65 $

72.08 PUBLIC WORKS INSPECTOR
$

51.25 $

53.81 $

56.51 $

59.33 $

62.30 RECEPTIONIST/CLERK
$

26.94 $

28.29 $

29.70 $

31.19 $

32.75 RECREATION ASSISTANT
$

19.27 $

20.24 $

21.25 $

22.31 $

23.42 RECREATION COORDINATOR
$

38.95 $

40.90 $

42.95 $

45.09 $

47.35 SENIOR BUILDING INSPECTOR
$

54.76 $

57.50 $

60.38 $

63.39 $

66.56 SENIOR CODE ENFORCEMENT OFFICER
$

46.12 $

48.43 $

50.85 $

53.39 $

56.06 SENIOR ENGINEERING TECHNICIAN
$

45.56 $

47.84 $

50.23 $

52.74 $

55.38 SENIOR OFFICE ASSISTANT
$

33.22 $

34.88 $

36.62 $

38.45 $

40.38 SENIOR PLANNER
$

55.98 $

58.78 $

61.72 $

64.81 $

68.05 Formatted: Highlight
Formatted: Highlight
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Formatted: Highlight
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SENIOR TRAFFIC TECHNICIAN
$

45.56 $

47.84 $

50.23 $

52.74 $

55.38 SPECIAL PROGRAMS COORDINATOR
$

32.16 $

33.77 $

35.46 $

37.23 $

39.09 TRAFFIC SIGNAL TECH
$

40.96 $

43.01 $

45.16 $

47.42 $

49.79 TRAFFIC SIGNAL TECHNICIAN
$

47.42 $

49.79 $

52.28 $

54.89 $

57.64 TRAFFIC TECHNICIAN
$

42.28 $

44.39 $

46.61 $

48.94 $

51.39 Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
Formatted: Highlight
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EXHIBIT B

EQUITY ADJUSTMENTS

CEA CLASSIFICATIONS
Grade Grade Title Year 1 Equity
Percentage
Year 2 Equity
Percentage
Year 3 Equity
Percentage
300 BUILDING INSPECTOR 0 0 0
302 ENGINEERING TECHNICIAN 0 0 0
304 PUBLIC WORKS INSPECTOR 0 0 0
305 SENIOR ENGINEERING TECHNICIAN 0 0 0
306 TRAFFIC TECHNICIAN 0 0 0
307 SENIOR TRAFFIC TECHNICIAN 0 0 0
309 SENIOR BUILDING INSPECTOR 0 0 0
310 TRAFFIC SIGNAL TECHNICIAN 0 0 0
311 GIS TECHNICIAN 0 0 0
315 ASSET MANAGEMENT TECHNICIAN 0 0 0
320 CASE MANAGER 0 0 0
323 TRAFFIC SIGNAL TECH‐APPRENTICE 0 0 0
403 ENV. PROGRAMS SPECIALIST 0 0 0
406 ENVIRONMENTAL PROGRAMS

ASSISTANT
0 0 0
705 ENV. PROG. COMPLIANCE TECHNICIAN 0 0 0
414 COMMUNITY OUTREACH SPECIALIST 1.3 0 0
416 MULTIMEDIA COMMUNICATIONS SPEC 1.3 0 0
322 PERMIT TECHNICIAN 2.3 0 0
230 PLAN CHECK ENGINEER 3 0 0
301 CODE ENFORCEMENT OFFICER 3.3 0 0
321 SENIOR CODE ENFORCEMENT OFFICER 3.3 0 0
500 ACCOUNT CLERK II 3.9 0 0
501 ACCOUNT CLERK I 3.9 0 0
201 ASSISTANT CIVIL ENGINEER 4 0 0
226 ASSOCIATE CIVIL ENGINEER 4 0 0
238 ASSOC CIVIL ENGINEER LMTD TERM 4 0 0
400 RECREATION COORDINATOR 4 0 0
415 SPECIAL PROGRAMS COORDINATOR 4 0 0
203 SENIOR PLANNER 5 0.3 0
219 ASSISTANT PLANNER 5 0.3 0
220 ASSOCIATE PLANNER 5 0.3 0
504 RECEPTIONIST/CLERK 5 1.1 0
507 OFFICE ASSISTANT 5 1.1 0
508 SENIOR OFFICE ASSISTANT 5 1.1 0
513 RECREATION ASSISTANT 5 1.1 0
710 FACILITY ATTENDANT 5 4.8 0
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February 20, 2020 Proposal by City of Cupertino (City) to Cupertino Employees Association (CEA)

ST ANDBY COMPENSATION
Effective on the date agreed to between the City and CEA, as indicated by signatures be'low, employees in the classification of Traffic Signal Technician and Traffic Signal Technician Apprentice who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated 5300.00 per 128 hours so assigned during the term of the current Memorandum of Understanding.

Minimum staffing and skill qualifications for standby assignment shall be determined by the City and specified in the Standby Policy. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees.

For the City:

Leslie Dornell
Human Resources Manager
ForlFPTE Local 21, CEA:

Stanley Young
Business Representative, IFPTE Local 21
21Xi){2-0
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CITY OF
lFPl'E Local 21
Cupertino
Employees
Association CUPERTINO
2019 - 2022 MOU
Side
Letter
Agreement

SIDE LETTER AGREEMENT TO THE
2019 - 2022 IFPTE, LOCAL 21, CUPERTINO EMPtOYEES

ASSOCIATION MEMORANDUM OF UNDERST ANDING
CONCERNING CONSTRUCTIVE RECEIPT AND [,EAVE

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 current Memorandum of Understanding between the City and IFPTE, Local 21, Cupertino Employees Association ("Union") effective July 16, 2019 through June 30, 2022 ("MOU"), employees have the options to sell back the fonowing types of leaves:
@ Under Section 7.6, employees may exercise the option twice eaaz calendar year to convert any/or an accumulated compensatory time to cash. * Under Section 17, 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 at least 120 hours; ii) any payments made for unused vacationwin be subject to all appropriate taxes; iii) minimum exchange will be 8 hours; maximum exohange wffl be 80 hours; and, iv) all ianges are irrevocable.

Under these Internal Revenue Service ("IRS") Regulations, the IRS considers income to be received for tax purposes if the individual actually receives it or has an option to receive it during each tax year. This is known as the constructive receipt doctrine. -1-
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CITY OF 2019 - 2022 MOU
lFPl'E, Local 21
Cupertino
Employees
Association CUPERTINO
Side
Letter
Agreement
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 earned because the City's program allows the employee anunimpeded option to take this lepye 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 tax year iii wl-ach 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.

Surnrnarv 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 of leave to be eamed 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.
-2-
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CITY OF 2019 - 2022 MOU
lFPl'E, Local 21
Cupertino
Employees
Association CUPERTINO
Side
Letter
Agreement
Terms of Agreement
The City and the Union enter into this Agreement and hereby agree to as fonows:

1. Effective for all calendar years beginning on and after January 1, 2022, employees may sell back any applicable vacation or comp time leaves (as specified under Sections 7.6 and 17 of the MOU, respectively; collectively referred to hereinafter as "annual leave hours"), each calendar year, subject to the fonowing rules:
a. If an employee fails to elect by December 31 eadi 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 eam in the fonowing calendar year as payin-lieu, his orher annual leave will accrue in accordance withthe applicable MOU, City policy or Personnel Rules provisions.
b. If an employee irrevocably elects by December 31 eadi year or by the preceding Friday if December 31 falls on a Sahirday 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, which may occur up to twice annually on: the second full pay period in July and the second full pay period in December of the following year. However, an employee cannot 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 amount to be cashed out will be based on the number 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 -3-
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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 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. When pay-in-lieu is cashed out, it will 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 payron 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 ruIes:
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 emergeng need, including any arnoiu"its 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 Human 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), (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, such as damage that is the result of a natural disaster); or other similar extraordinary and -4-
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unforeseeable circumstances arising as a direct result of events beyond the control of the employee. For example, the imminent foreclosure or eviction from the employee's home may constitute an unforeseeable emergency. In addition, the need to pay for medical expenses, including non-refundable deductibles, as well as for the cost of prescription drug medication, may constitute an in"iforeseeable emergency. Finally, the need to pay for the funeral expenses of a spouse or dependent (as defined inn Internal Revenue Code section 152, and, without regard to Intemal Revenue Code sections 152(6)(1), (6)(2), and (d)(l)(B)) of the employee may also constitute an 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 iu'iforeseeable emergency willnot be paid to the extent that such an emergeng is or may be relieved through reimbursement or compensation from insurance or otherwise, by liquidation of the employee's assets, to the extent liquidation of sudi 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 circiunstances 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 conjunction 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 wffl incorporate the language set forth in this Agreement into any successor MOU, 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
StanleyYoung 12/15/21
Christopher Boucher Date Stanley Young Date
Kristina Alfaro Date
Vanessa Guerra Date
StanleyA. yo&g (Dec 15, zozi'rf:oy PST)
Emai(: [email protected] Email: [email protected] Email: [email protected]
Signatura:

KristinaAlfaro (oeJsi 2021 09:09 PST) W
Email: [email protected]
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2021-12-14 Rev CEA Side Letter Agreement
(Clean)
Final Audit Report 2021-12-16
Created:

BY:

Status:

Transaction ID:
202al-12-15
Vanessa Guerra([email protected])
Signed
CBJCHBCAABAA3klMusHnQpgy5Hal4jzWYsFr-bazUY
'12021-12-14 Rev CEA Side Letter Agreement (Clean)" History '5 Document created by Vanessa Guerra ([email protected]) 2021-12-15 - 7:05:29 PM GMT- IP address: 108.213.70.66
R Document emailed to Stanley A. Young ([email protected]) for signature 2021-12-15 - 7:06:15 PM GMT
Email viewed by Stanley A. Young (syoung@ifpte2'l.org)
2021-1 2-15 - 7:06:34 PM GMT- IP address: 98.47.194.239 4 Document e-signed by Stanley A. Young ([email protected]) Signature Date: 2021-12-15 - 7:07:59 PM GMT - Time Source: server- IP address: 98.47.194.239 R Document emailed to Christopher Boucher ([email protected]) for signature 2021-12-15 - 7:08:01 PM GMT
'6 Email viewed by Christopher Boucher ([email protected]) 2021'12-16 - 4:06:04 AM GMT- IP address: 66.249.84.223
4 Document e-signed by Christopher Boucher ([email protected]) Signature Date: 2021-12-16 - 4:07:46 AM GMT - Time Source: server- IP address: 104.149.140.130 R Document emailed to Vanessa Guerra ([email protected]) for signature 2021-12-16 - 4:07:49 AM GMT
'5 Email viewed by Vanessa Guerra ([email protected]) 2021-12-16 - 4:50:12 PM GMT- IP address: 104.47.73.254
t@ Document e-signed by Vanessa Guerra ([email protected]) Signature Date: 2021-12-1 6 - 4:50:21 PM GMT - Time Source: server- IP address: 4 08.213.70.66 OAdobe Sign
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2021-12-16 - 5:09:44 PM GMT
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DocuSign Envelope ID: 68C65FE9-7
Cupertino Employees
Association

CITY OF

CUPERTINO
NEGOTIATIONS 2022
Correspondence

TENT ATIVE SIDE LETTER AGREEMENT BETWEEN THE

CITY OF CUPERTINO AND CUPERTINO EMPLOYEES'
ASSOCIATION RE: MEDICAL AND DENT AL INSURANCE

REOPENER
DATE: July 14, 2022 TIME: AM / PM
The City of Cupertino and the Cupertino Employees' Association agree to reopen negotiations related to City/employee cost share for medical and dental insurance as specified under Section 13.1 of the Memorandum of Understanding 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 Mar* 1, 2023.

Ur'dess 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 14th day of July, 2022, by the parties' authorized representatives, subject to CEA membership approval and City Council's ratification.

Fot the City
e$ i/zo/;>oz;:

Kristina Alfaro Date
Director of Administrative Services
For the Union
7/20/2022
Stanley Young Date
Representative/Organizer
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Cupertino Employees
Association
eoW"aS"A""'[AAlfl'(A, 7/20/2022
Vanessa Guerra Date
Hiunan Resources Manager
7/19/2022
Christopher Boudier Date
Labor & Employment CounseI

CITY OF

CUPERTINO
(isi+ztlud+)iAleiiz
Alex Corbalis
NEGOTIATIONS 2022
Correspondence
7/20/2022
Date
-2-
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DocuSign Envelope ID: 68C65FE9-7
Cupertino Employees
Association

CITY OF

CUPERTINO
NEGOTIATIONS 2022
Correspondence

TENT ATIVE SIDE LETTER AGREEMENT BETWEEN THE

CITY OF CUPERTINO AND CUPERTINO EMPLOYEES'
ASSOCIATION RE: COVID-19 EMPLOYEE RECOGNITION
DATE: July 14, 2022

COMPENSATION
TIME: AM / PM
In recognition of employees' contributions throughout the COVID-19 pandemig 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 shall 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 14th day of July, 2022, by the parties' authorized representatives, subject to CEA membership approval and City Council's ratification.

For the City
7/20/2022
Kristina Alfaro Date
Director of Administrative Services
For the Union
-:D5C5FOD8A95;45E.

Stanley Young Date
Representative/Organizer
-1-
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Cupertino Employees
Association

CITY OF

CUPERTINO
NEGOTIATIONS 2022
Correspondence
Vanessa Guerra
7/20/2022
Date
Human Resources Manager
7/19/2022
Christopher Boudier Date
Labor & Employment Counsel
rDocuSlgned by:

Alex Corbalis
7/20/2022
Date
-2-
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CITY OF
lFPl'E, Local 21
Cupertino
Employees'
Association CUPERTINO
2019 - 2022 MOU
Side
Letter
Agreement

SIDE LETTER AGREEMENT TO THE
2019 - 2022 CUPERTINO EMPLOYEES' ASSOCIATION

MEMORANDUM OF UNDERST ANDING
CONCERNING ADOPTION OF IRS SECTION 125
PREMIUM ON[,Y P'[AN
DATE: April 20, 2021
The City of Cupertino ("City") and the City of Cupertino Employees' Association ("Employee Association") enter into this Side Letter Agreement and hereby agree to amend the existing MOU provisions as fonows:

SECTION 13.1: MAXIMUM WORKING HOURS AND FATIGUE TIME

13.1. Health - Medical and Dental Insurance
City agrees to pay an amount as set forth herein for medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City sliall contribute the maximum toward premium cost per month for health and dental during the term of this agreement as follows:

Effective January 1,
2020
City Max Health
Contribution
City Max Dental
Contribution*
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +l 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+l 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
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January 1, 2022 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1062.660
Employee +I 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 tlie employee. Tlie City no longer pays medical insurance casli 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.

The City reserves the right of selection and administration as to deferred compensation and Section 125 plan(s).

If during the term of this agreement, modifications are made to the Federal tax code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation.

If during the term of this agreement, new medical plans are identified that will be beneficial to the City and CEA, the contract will be reopened to discuss these plan options.

Health deductions for employee payments towards PEMHCA
premiums shall occur on a bi-monthly basis consistent with CalPERS required PEMHCA paymentschedule.
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To tlie extent any Citv prei'niui'n contributions or employee out-ofpocket costs for premiun'is are eligible for pre-tax treatment under Section 125 of tlie Internal Revenue Code, tlie City and all participating employees sliall pay their respective sliare of the cost of medical, dental, vision, and slioit and long term disability insurance through a City-sponsored Section 125 Premirim Only Plan (POP).

13.2 Health In Lieu Payments
City agrees to pay a monthly amount of three hundred seventy-five ($375.00) per month to bargaining unit employee who can demonstrate tliat they have equivalent health coverage through their spouse, parent, or other group coverage and wl'io request this cash payment in lieu of health insurance coverage. Emplovees waiving City-sponsored liealth coverage must provide proof of other satisfving coverage for tlie employee and otlier eligible dependents (if applicable) and submit the applicable election forms to Human Resources annually. Enrollment in City-sponsored liealtli coverage shall be required (consisting of at least the lowest cost's employee only healtli plan) unless the employee meets the requirements to waive coveraze.

13.3 Life Insurance
City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times 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.

13.4 Shoit Term and Long Term Disability Insurance
CEA employees 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. Employees may use leave banks to supplement lost salary during the 7 day elimination period.

Bargaining unit members shall pay the 1% cost of CA SDI, which will be deducted from their biweekly paychecks. Until full enrollment in CA SDI becomes effective, bargaining unit members will continue to be covered by the current Short Term Disability plan during the transition. Integration of SDI with the City's current Short Term Disability plan will be in accordance -3-
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CUPERTINO
Side
Letter
Agreement
witli SDI rules and regulations.

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

13.5 Vision Care Insurance
The City shall provide Vision Care Insurance for employees and their dependents at a cost of$l4.94 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 16, 2019 - June 30, 2022 ("MOU") as well as the terms of the November 26, 2019 Side Letter of Agreement between the parties regarding Section 13.2. 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 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.

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 Employee Association
Christopher Boucher Date
s'!:'b/%"Amq2sn
Stanley Young
May 21, 2021
Date
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2021-04-20 Final CEA Side Letter Agreement
Final Audit Report
Created:

By:

Status:

Transaction ID:
2021-05-07
Vanessa Guena ([email protected])
Signed
CBJCHBCAABAASRHO-4aXm218lKf YlPcB5maZn2xHiNT
2021-05-24
"202'l -04-20 Final CEA Side Letter Agreement" History
'6 Document created by Vanessa Guerra ([email protected]) 2021-05-07 - 6:36:01 PM GMT- IP address: 108.213.70.66
F?-+ Document emailed to Michael Moore ([email protected]) for signature 2021-05-07 - 6:38:22 PM GMT
'6 Email viewed by Michael Moore ([email protected])
2021-05-07 - 8:19:06 PM GMT- IP address: 174.194.192.6
'jd Email viewed by Michael Moore ([email protected])
2021-05-21- 6:56:38 PM GMT- IP address: 174.194.143.32
#@ 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
'6 Email viewed by Stanley A. Young ([email protected]) 2021 -05-22 - 4 :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 R Document emailed to Christopher Boucher ([email protected]) for signature 2021-05-22-i:49:00 AM GMT
'5 Email viewed by Christopher Boucher ([email protected]) 2021-05-22 - 3:35:50 PM GMT- IP address: 207.246.66.17
#@ 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 OAdobe 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 IFPTE LOCAL 21 CUPERTINO EMPLOYEES’ ASSOCIATION MEMORANDUM OF UNDERSTANDING
WHEREAS, the City Council desires to amend the City of Cupertino and IFPTE Local 21 Cupertino Employees’ Association Memorandum Of Understanding.

NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino and IFPTE Local 21 Cupertino Employees’ Association 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 $598,499 $- $(598,499)
Special Revenue Funds $56,107 $- $(56,107)
Capital Projects Funds $- $- $-
Enterprise Funds $66,748 $- $(66,748)
Internal Service Funds $- $- $-
Total Appropriation
Amendment All Funds $721,354 $- $(721,354)
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CITY OF CUPERTINO
Agenda Item
22-10479 Agenda Date: 8/16/2022
Agenda #: 24.

Subject: Discuss Priority Housing Sites for the 2023-2031 Housing Element update That the City Council receive the report and presentation, provide input on the proposed housing inventory sites, and consider approval of the sites on the “Recommended Sites Inventory Table” (Attachment A) as the 6th Cycle Housing Element sites inventory Presenter: Luke Connolly, Senior Planner, Community Development Department 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
Meeting on the Housing Element update focusing on the establishment of a housing sites selection inventory.

Recommended Action
That the City Council receive the report and presentation, provide input on the proposed housing inventory sites, and consider approval of the sites on the “Recommended Sites Inventory Table” (Attachment A) as the 6
th Cycle Housing Element sites inventory.

Discussion
Background: 6
th Cycle Housing Element Update/RHNA
The City is currently preparing its 6
th Cycle Housing Element update, which covers the
planning period 2023 to 2031. The Housing Element is part of Cupertino’s General Plan and identifies policies and programs intended to meet the housing needs of the City’s current and future residents, at all income levels. State law requires that every city and county in California adopt a Housing Element every eight years to reflect the Regional Housing Needs Allocation (RHNA) established for each jurisdiction. The City’s RHNA is 4,588 units for the 2023-2031 planning period. Based on income levels, Cupertino’s RHNA of 4,588 breaks down as follows: 1,193 Very-Low income units; 687 Low income units; 755 Moderate income units; 1,953 Above-Moderate, or market rate, units. Once a city’s RHNA has been determined that city must demonstrate that they have adequate housing sites to accommodate their RHNA. There are specific requirements on site selection, ensuring that the City has policies in place to support the development of housing for persons at all income levels, as specified by State law.

On September 21, 2021, the City Council awarded a consultant agreement to prepare the 6 th Cycle Housing Element update to EMC Planning Group (EMC). Since that time EMC and City staff have held numerous meetings related to the Housing Element update, beginning with two City Council study sessions, on September 28 and November 16, 2021, which focused on the overall Housing Element update process and State 1496
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2 requirements that have greatly expanded the role and extent of public outreach required for the 6th Cycle update. On December 9, 2021, EMC held both a daytime study session with the Housing Commission and an evening community workshop. Like the previous Council meetings these studies sessions focused on the overall Housing Element update process and new State requirements.

In early March 2022, the City Council held meetings focusing on the community engagement component of the Housing Element and established the ad hoc Community Engagement Plan-Strategic Advisory Committee (Advisory Committee) to guide the planning of the City’s future community engagement and compliance with State Affirmatively Furthering Fair Housing (AFFH) requirements. The Advisory Committee has met five times between March 30 and July 25 and will next meet on September 16, 2022.

Planning and Housing Commission Sites Inventory Meetings During the 2022 calendar year, a primary focus of the Housing Element update has been the establishment of a housing sites inventory that would allow the City to meet its 6th Cycle housing needs, or RHNA. The sites inventory is the list of City Council-approved properties that identifies where housing will be developed during the 2023-2031 planning period. Approval of the sites inventory is crucial to commencing the environmental review process and defining the scope of the Housing Element update as a project subject to the California Environmental Quality Act (CEQA). Given the scale of the Housing Element update, an environmental impact report (EIR) will be prepared. The Environmental Review Committee will consider the scope of the environmental analysis before the EIR is presented to the Planning Commission and City Council.

The Planning Commission held meetings focused specifically on the Housing Element sites selection on January 25, February 22, April 26, and May 24, 2022, with each meeting progressing from a more general, citywide discussion of potential housing sites and locations to a more specific discussion focused on selecting sites at specified densities.

At the January and February Planning Commission study sessions, staff and EMC provided overviews of the housing sites selection process and identified nearly 400 properties citywide that could potentially be placed on the City’s housing sites inventory.

The majority of these properties fell within the property size range, 0.5-10 acres, recommended by the California Department of Housing and Community Development (HCD), the State agency that oversees the Housing Element update process and ultimately certifies all city and county Housing Elements. During the January and February study sessions, Planning Commissioners provided staff with principles and objectives to guide which sites should be included, specifically that: 1) housing sites should be dispersed throughout the City and strive for a balance between the City’s eastern and western areas; 2) new housing sites should avoid or minimize displacement of existing uses, particularly existing residential uses that would necessitate the relocation of residents; 3) the Housing Element should avoid significantly “up-zoning” 1497
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3 sites to the extent feasible; and 4) the Housing Element should include new housing sites that could support the City’s public schools and help counteract declining enrollment trends that are occurring city and county wide.

Based on this input, staff and EMC presented a reduced, more focused list of potential housing sites at the April 26 Planning Commission meeting, grouping the potential sites by neighborhood and special area to better illustrate the locations of the properties.

Extensive public comment was provided at the April 26 meeting, where the Planning Commission reiterated its previously-stated principles and goals for housing site selection and also directed staff to focus on the potential inclusion of several “key” sites along South DeAnza and Stevens Creek Boulevards.

On June 28 and July 5, 2022, the Planning and Housing Commissions held a special joint meeting (the meeting was continued from June 28 to July 5) to finalize their housing sites inventory recommendation to Council. The Commissions’ sites inventory recommendation (Attachment A) largely coincides with staff’s June 28 recommendation to the Planning and Housing Commissions, but it also includes key changes, notably increasing housing densities to areas on the City’s west side, such as the South DeAnza Boulevard and Bubb Road special areas, as well as the North and South Monta Vista neighborhoods. The Commissions also recommended that development standards be established that allow for more intensive development along the street frontage portions of the DeAnza and Stevens Creek Boulevard corridors but that development of the properties along these corridors adjacent to single-family neighborhoods be limited in scale to preserve the existing neighborhood character. The sites listed on Attachment A, excluding properties designated as “Tier 2,” are the Commissions’ recommended sites.

The Commissions’ discussion and recommendations are discussed further in the Analysis section, below. Attachments B and C, respectively, “Cupertino Sites Overview” and “Pipeline, Tier 1, and Tier 2 Projects Map,” provide additional information on the housing sites and their locations throughout the City.

Analysis
Pipeline Projects and RHNA
The Recommended Sites Inventory Table (Attachment A) included with this staff report is the list of properties recommended by the Planning and Housing Commissions to the Council for inclusion on the housing sites inventory. At the top of Attachment A are the City’s nine residential “pipeline projects.” Pipeline projects are those that have received development entitlements but have not yet been constructed or received building permits or certificates of occupancy for any of the approved residential units. The Rise (the former Vallco Shopping Center site) and the nearby The Hamptons Apartment Homes are the most significant of these pipeline projects in terms of the number of units, with over 3,000 new dwellings entitled between them. Given that pipeline projects have all the necessary 1498
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4 approvals in place to proceed to the development stage, these projects have a high degree of certainty that they will be constructed within the 2023-2031 planning cycle. In total, Cupertino has 3,545 pipeline units, a significant amount, making up 77% of the City’s overall RHNA of 4,588. In addition to pipeline units, the City can take credit for accessory dwelling unit (ADU) production that is anticipated to occur in the next planning cycle; it is estimated, based on the City’s ADU production over the last three years, that Cupertino will add 25 ADUs per year. The amount of pipeline units plus estimated ADU units appears to leave the City only 843 units short of its RHNA. However, since the RHNA is broken down into the Very-Low, Low, Moderate and Above-Moderate income categories, those categories must be taken into consideration during the site selection process, altering the total number of units needed to comply with the RHNA.

TABLE 1
Very-Low
Income
Low
Income
Moderate
Income
AboveModerateTotal
Units
RHNA 1,193 687 755 1,953 4,588
Pipeline Projects (9 projects) 300 988 40 2,217 3,545
ADUs (based on past prod.) 60 60 60 20 200
Balance* 833 0 655 0 1,488
*Amount of units needed per RHNA for income category. Limited to 0 since a credit cannot be applied due to overproduction in this income category.

As Shown in Table 1, above, due the significant amount of pipeline and units, the City is already exceeding its RHNA in the Low and Above-Moderate income categories for the 2023-2031 planning period. The City, however, cannot meet its Very-Low and Moderate income RHNA requirements through the pipeline projects, resulting in a need (shown as “Balance” in Table 1) of 1,488 Very-Low and Moderate income units beyond those provided by pipeline projects. Additionally, HCD recommends a “buffer” of between 15- 30% of additional units be included in the sites inventory for each of the below marketrate income categories (i.e., Very-Low, Low and Moderate incomes), in accordance with the State’s No Net Loss Law. The concept of buffer and the No Net Loss Law are discussed in more detail, below.

Recommended Housing Sites
Listed below the pipeline projects on the Recommended Sites Inventory Table (Attachment A) are the properties recommended for inclusion on the housing sites inventory. There are two “tiers” of properties shown, Tier 1 and Tier 2. Tier 1 properties are the recommended sites, and Tier 2 properties (indicated in the second column of Attachment A) are included as alternative sites for reasons discussed, below. There are 56 individual Tier 1 properties that, if developed at the minimum densities specified in the Table, would result in 2,090 new housing units. When staff made its sites inventory recommendation to the Planning and Housing Commissions on June 28 the total Tier 1 1499
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5 units was estimated at 1,871; based primarily on increasing the density to the sites recommended by staff, particularly along the South DeAnza Boulevard corridor, the Planning and Housing Commissions added over 200 additional units through their June 28 and July 5 review.

The primary reasons staff recommended these properties to the Planning and Housing Commissions for inclusion on the sites inventory was based on the guidance given by the Planning Commission during the four January-May Planning Commission study sessions, specifically:

1. The properties are not clustered in the Heart of the City/Stevens Creek Boulevard corridor. The four Stevens Creek Boulevard properties on the recommended inventory are all located east of DeAnza Boulevard;

2. The properties are generally dispersed throughout the City (Attachment C), including significant development potential on the City’s west side. For instance, excluding the large number of pipeline units, 1,423 of the units are located between DeAnza Boulevard and the City’s western boundary, whereas only 676 nonpipeline units are located on properties east of DeAnza Boulevard;

3. The recommended sites minimize or avoid potential displacement of existing residents through future redevelopment of the sites for housing.

Generally, the Recommended Sites Inventory (Attachment A) has three major areas of concentration for new housing in the City. These three areas have 1,482, or 71%, of the 2,090 recommended units. They are:
 Stelling Gateway/Homestead (440 units) in the northwestern portion of the City;  South De Anza (462 units) in the southwestern portion of the City; and  North Vallco Park/Vallco Shopping District (580 units) in the northeastern portion of the City.

The remaining 608 Tier 1 units are spread throughout the City’s neighborhoods and special areas. As noted, above, if the pipeline units are not factored in, there are more potential units (1,414) located west of DeAnza Boulevard than east of DeAnza Boulevard (676), consistent with the Planning Commission’s general direction stated during the study sessions held earlier this year. Going into the June 28 joint Planning and Housing Commission meeting, staff had initially recommended more of an even east-west split (896 units west of DeAnza; 948 east of DeAnza) for new housing units. The Commissions’ recommendation to Council further emphasizes increasing the minimum density of the recommended properties on the west side relative to the eastern portion of the City.

Buffer/No Net Loss Law
Even though only 1,488 units are needed (Table 1, p. 4) to meet the City’s RHNA by income category, once pipeline projects are accounted for, HCD recommends a “buffer” of 15-30% additional units be included in the sites inventory. The purpose of the buffer is 1500
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6 to comply with the State’s No Net Loss Law (SB 166), which requires that sufficient adequate sites are available at all times throughout the 2023-2031 RHNA planning period, for each income category. For instance, if the City were to approve a project, or a series of projects, at lower densities or different income levels than what is designated in the Housing Element, it could result in the City dropping below the required number of units for one or more income level categories. To prevent this from happening, HCD recommends a RHNA buffer of 15-30%. However, HCD does not mandate any particular number. Given the lack of a mandate, some jurisdictions have included buffers greater than 30%, while others have included less than 15% in their Housing Elements.

Ostensibly, a buffer at the higher end of the range will provide more assurance that sites will be consistently available at all income categories during the planning period than would a lower percentage buffer. Since pipeline projects are already entitled and therefore have a high degree of certainty in terms of knowing the total number of units, as well as the number of units within each RHNA income category, there is less of a need for a buffer for these project sites. In addition to the pipeline projects the Recommended Sites Inventory has 2,090 Tier 1, units, and an additional 200 ADUs, for a total of 2,290 units. Combined with the pipeline projects 3,545 units this brings the total to 5,844 units, 1,256 units more than the City’s RHNA, for a buffer of 27%, in the upper end of HCD’s recommended 15-30% range.

Thus, when reviewing the Sites Inventory Table, staff recommends maintaining the approximate number of units that would result from the recommended Tier 1 sites at the densities specified, plus the number of buffer units desired. The City Council has discretion to select a buffer of any size. However, Council should keep in mind that a smaller buffer increases the risk that the City could be required to revise the Housing Element during the 2023-2031 planning period to comply with No Net Loss requirements.

If there are additional sites proposed to be added to the Table, such as Tier 2 sites that include properties in the Heart of the City area, this could enable Council to remove some of the Tier 1 sites or reduce minimum required site densities below those shown on the Recommended Sites Inventory.

Density/Affordability Considerations
One of the primary reasons the Recommended Sites Inventory indicates the minimum density for all of the housing sites is that HCD bases the site’s development potential on the minimum density shown. Even though a property may actually be developed over the minimum density, for instance, a property designated as 30 units/acre developing at 40 or 50 units per acre, HCD is focused on what is considered the realistic development potential of the sites, which HCD typically considers the minimum density. However, when approving the sites inventory, Council has the flexibility to determine a density range, establishing minimums and maximums, similar to that used in land use regulations such as the General Plan Land Use Element or specific plans. Two concerns 1501
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7 to keep in mind if the minimum density is lowered are the reduction of the RHNA buffer and the difficulty of lower density sites being able to provide affordable housing, which is one of HCD’s primary objectives. In terms of affordability HCD has strongly recommended that sites have a minimum density of 30 units/acre. Below that level of density affordability becomes more difficult to achieve, and HCD would require documentation that affordable housing would be feasible at the lower density. Presently, the Recommended Sites Inventory has 56 individual properties listed, 20 of which have a minimum density of 30 units/acre and 24 with a minimum density of 50 units/acre. Only twelve of the properties listed have minimum densities below 30 units/acre. Therefore, nearly 80% of the properties listed meet HCD’s affordability criteria of 30 units/acre. The density at which sites develop, or are anticipated to develop, is important for the City to produce the required number of units. The City could therefore adopt a strategy to require “Priority Housing” sites to develop at the minimum density indicated in the Housing Element to ensure that the City achieves its goals rather than allowing them to develop at a lower density. Other sites could have greater flexibility.

It is also possible that the City consider an Affordable Housing Overlay (AHO) for certain (or all) Priority Housing sites or establish a City density bonus that could be applied in addition to State density bonus law. This could allow an increase to the density of projects only if they were primarily affordable to households at lower income levels or, specifically, at income levels where the City needs to have units develop within the 2023- 2031 Housing Element cycle. For Cupertino, since there needs to be an increased production of Very-Low income and Moderate income level housing, the City could consider increased density (e.g., an increase of 50%) for projects that provide a greater number of units at these specific income levels.

Next Steps
Once the City Council approves the housing sites inventory, the CEQA/environmental review process for the Housing Element update will commence. It is anticipated that the CEQA process will take approximately nine months to complete. During this time EMC and staff will be preparing the draft Housing Element to submit to HCD for its initial review and will be completing the community engagement process.

Prepared by: Luke Connolly, Senior Planner
Reviewed by: Piu Ghosh, Planning Manager
Christopher Jensen, City Attorney
Michael Woo, Assistant City Attorney
Approved by: Benjamin Fu, Director of Community Development Attachment A – Recommended Sites Inventory Table
Attachment B – Cupertino Sites Overview
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8 Attachment C—Pipeline, Tier 1 and Tier 2 Projects Map Attachment D—Neighborhood Map Series
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Key Map ID
Tier 2/ Total
Units for
each Area
Assessor Parcel Number Site Address/Intersection
General Plan
Designation
(Current)
Tentative General Plan
Designation (New)
Zoning
Designation
(Current)
Zoning
Designation
(New)
Parcel Size
(Gross Acres)
Current Maximum
Density
(du/ac)
New Minimum
Density
(du/ac)
Existing Units Total New
Units
Color Legend
P Pipeline Project: Projects that have received approval Neighorhood or Special Area Name
Tier 2 Tier 2: Sites that are not currently part of the Draft Sites List Represents possible lot merges for a single project site P ( 3,545) Pipeline Projects Pipeline Project Names
P1
31620120
10101 N Wolfe Rd
10330 N Wolfe Rd
Vallco 0 ( 2,402)
31620121
P2 32627043 21267 Stevens Creek Blvd Westport 0 ( 259)
P3 34216087 10625 S. Foothill Blvd Canyon Crossing 0 ( 18) P4 36610126
36610061 7357 Prospect Rd Carriage House (1655 S. De Anza) 0 ( 34) P5 32634066
32634043
10118-10122 Bandley Dr
10145 N. De Anza Blvd Marina Food 0 ( 206)
P6
34214066
34214104
34214105
22690 Stevens Creek Blvd Bateh Brothers 0 ( 8)
P7 35907021 10040 Bianchi Way 1 ( 6)
P8 35920030 20860 Mcclellan Rd 0 ( 12)
P9
316-06-058
316-06-059
316-06-060
19500 Pruneridge Ave The Hamptons Apartment Homes 342 ( 600) PIPELINE SUB-TOTAL 344 3,545
1 ( 31) Creston-Pharlap
1a 32620034 10231 Adriana Ave Res Low 1-5 Res ML 5-10 R1-5 R1-7.5 1.42 4 10 1 ( 13) 1b 32616075 22273 Cupertino Rd Res Low 1-5 Res ML 5-10 R1-10 R1-5 1.35 4 5 1 ( 10) 1c 32650062 10050 N Foothill Blvd Com/Off/Res Res Medium 10-20 P(OA) R3 0.62 15 15 1 ( 8) 2 0 Fairgrove: There are no sites within this area that are currently recommended 1504
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Key Map ID
Tier 2/ Total
Units for
each Area
Assessor Parcel Number Site Address/Intersection
General Plan
Designation
(Current)
Tentative General Plan
Designation (New)
Zoning
Designation
(Current)
Zoning
Designation
(New)
Parcel Size
(Gross Acres)
Current Maximum
Density
(du/ac)
New Minimum
Density
(du/ac)
Existing Units Total New
Units
3 ( 22) Garden Gate
3a ROW Mary Ave site P/Res Med/High (20-35 DU/Ac) T P(Res) 0.75 0 30 0 ( 22) 4 ( 12) Homestead Villa
4a 32602063 10860 Maxine Ave Res ML 5-10 Res Medium 10-20 R2-4.25i P(Res) 0.71 10 20 2 ( 12) 5 0 Inspiration Heights: There are no sites within this area that are currently recommended 6 ( 64) Jollyman
6a 35913019 20865 Mcclellan Rd Res Low 1-5 Res Medium 10-20 R1-10 R1-7.5 1.00 5 20 0 ( 20) 6b 35905133 21050 Mcclellan Rd Com/Off/Res Res Medium 10-20 P P(R-3) 0.78 15 30 0 ( 23) 6c 35919043 7540 McClellan Rd Low Den (1-5
DU/Ac.)
Res Medium 10-20 R1-6 R1-C 0.33 5 10 1 ( -  )
6d 35920028 20920 Mcclellan Rd Quasi-Public Med/High (20-35 DU/Ac) BQ P(Res) 0.71 0 30 0 ( 21) 7 ( 72) Monta Vista North
7a
35606001 10857 Linda Vista Dr Res Low 1-5 Med/High (20-35 DU/Ac) R1-7.5 P(R-3) 0.73 5 30 1 ( 21) 35606002 10867 Linda Vista Dr Res Low 1-5 Med/High (20-35 DU/Ac) R1-7.5 P(R-3) 0.69 5 30 1 ( 20) 35606003 10877 Linda Vista Dr Res Low 1-5 Med/High (20-35 DU/Ac) R1-7.5 P(R-3) 0.25 5 30 1 ( 7) 35606004 10887 Linda Vista Dr Res Low 1-5 Med/High (20-35 DU/Ac) R1-7.5 P(R-3) 0.87 5 30 1 ( 25) 7b Tier 2 35705010 22381 McClellan Rd Res Low 1-5 Res Medium 10-20 R1-10 R-1C 0.44 5 5 1 ( -  ) 8 ( 29) Monta Vista South
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Key Map ID
Tier 2/ Total
Units for
each Area
Assessor Parcel Number Site Address/Intersection
General Plan
Designation
(Current)
Tentative General Plan
Designation (New)
Zoning
Designation
(Current)
Zoning
Designation
(New)
Parcel Size
(Gross Acres)
Current Maximum
Density
(du/ac)
New Minimum
Density
(du/ac)
Existing Units Total New
Units
8a Tier 2 36231001 20666 Cleo Ave Res Medium
10-20 Med/High (20-35 DU/Ac) P(R3) P(Res) 0.25 20 30 1 ( -  ) 8b 36231030 [no address] Res Medium
10-20 Med/High (20-35 DU/Ac) P(R3) P(Res) 0.23 20 30 0 ( 6) 8c
35623057 21710 Regnart Rd Res Very Low
S/D
Res Low 1-5 RHS R1-5 1.46 15 1 ( 21)
35623001 21710 Regnart Rd None Res Low 1-5 RHS R1-5 0.15 15 0 ( 2) 8d Tier 2 36638021 21530 Rainbow Dr Res Very Low
S/D
TBD RHS R1-7.5 0.43 5 5 1 ( -  )
9 ( 61) North Blaney
9a
31643009 10730 N Blaney Ave Ind Med/High (20-35 DU/Ac) P(R2, MiniStor) P(Res) 1.76 0 30 1 ( 51) 31643008 10710 N Blaney Ave Res Low Med
5-10 Med/High (20-35 DU/Ac) R-2 P(Res) 0.37 10 30 1 ( 10) 10 0 Rancho Rincondada: There are no sites within this area that are currently recommended 11 ( 102) South Blaney
11a
36934053 10787 S Blaney Ave Com/Res Med/High (20-35 DU/Ac) P(CG) P(CG/Res) 0.54 15 20 0 ( 11) 36934052 10891 S Blaney Ave Com/Res Med/High (20-35 DU/Ac) P(CG) P(CG/Res) 2.70 15 20 0 ( 54) 11b
36937028 10710 S De Anza Blvd Com/Res Med/High (20-35 DU/Ac) R2 P(CG/Res) 0.56 25 30 0 ( 17) 36937022 20421 Bollinger Rd Medium (10-
20 DU/Ac) Med/High (20-35 DU/Ac) R3 P(Res) 0.39 20 30 0 ( 12) 36937023 20411 Bollinger Rd Medium (10-
20 DU/Ac) Med/High (20-35 DU/Ac) R3 P(Res) 0.22 20 30 2 ( 5) 36937024 20431 Bollinger Rd Medium (10-
20 DU/Ac) Med/High (20-35 DU/Ac) R3 P(Res) 0.17 20 30 1 ( 4) 12 0 Oak Valley Neighborhood: There are no sites within this area that are currently recommended 13 ( 23) Bubb Road
13a 35720044 21431 Mcclellan Rd Ind/Res/Com High (>35 DU/Ac) ML-rc P(Res) 0.47 20 50 1 ( 23) 14 0 Heart of the City - West: There are no sites within this area that are currently recommended 15 0 Heart of the City - Crossroads
15a Tier 2 32634047 10125 Bandley Dr Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 1.09 25 50 0 ( -  ) 15b Tier 2 35907006 20950 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.32 25 50 0 ( -  ) 15c Tier 2 35908025 20840 Stevens Creek Blvd Com/Off/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.83 25 30 0 ( -  ) 1506
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Key Map ID
Tier 2/ Total
Units for
each Area
Assessor Parcel Number Site Address/Intersection
General Plan
Designation
(Current)
Tentative General Plan
Designation (New)
Zoning
Designation
(Current)
Zoning
Designation
(New)
Parcel Size
(Gross Acres)
Current Maximum
Density
(du/ac)
New Minimum
Density
(du/ac)
Existing Units Total New
Units
15d Tier 2 35908028 20730 Stevens Creek Blvd Com/Off/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 10.45 25 30 0 ( -  ) 15e Tier 2
35908027 20830 Stevens Creek Blvd
Com/Off/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.81 25 30 0 ( -  ) 15f Tier 2
35908029 20750 Stevens Creek Blvd
Com/Off/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.92 25 30 0 ( -  ) 15g Tier 2
35908026 20840 Stevens Creek Blvd
Com/Off/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.45 25 30 0 ( -  ) 16 0 Heart of the City - Central
16a Tier 2 36905007 19990 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.46 25 50 0 - 16b Tier 2 36903005 20010 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.47 25 50 0 - 16c Tier 2 31623027 20149 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.64 25 50 0 - 17 0 City Center Node: There are no sites within this area that are currently recommended 18 ( 165) Heart of the City - East
18a 36906002 10065 E Estates Dr Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.90 25 50 0 ( 45) 36906003 10075 E Estates Dr Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.53 25 50 0 ( 25) 36906004 10075 E Estates Dr Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 1.29 25 50 0 ( 63) 18b 36906007 19550 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.64 25 50 0 ( 32) 1507
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Key Map ID
Tier 2/ Total
Units for
each Area
Assessor Parcel Number Site Address/Intersection
General Plan
Designation
(Current)
Tentative General Plan
Designation (New)
Zoning
Designation
(Current)
Zoning
Designation
(New)
Parcel Size
(Gross Acres)
Current Maximum
Density
(du/ac)
New Minimum
Density
(du/ac)
Existing Units Total New
Units
18c Tier 2
37506007 19220 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 0.96 25 50 0 ( -  ) 37506006 19300 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 1.71 25 50 0 ( -  ) 18d Tier 2 37501023 19400 Stevens Creek Blvd Com/Off/Res High (>35 DU/Ac) P(CG, Res) P(Res) 1.20 25 50 0 ( -  ) 19 ( 27) Homestead
19a 31604064 19820 Homestead Rd Res Low 1-5 Res M 10-20 A1-43 P(Res) 0.44 5 15 1 ( 6) 19b 32336018 11025 N De Anza Blvd Com/Res High (>35 DU/Ac) P(CG) P(CG/Res) 0.42 35 50 0 ( 21) 20 ( 440) Stelling Gateway
20a 32607030 [no address] Com High (>35 DU/Ac) BQ P(Res) 0.92 15 50 0 ( 45) 20b
32609052 20916 Homestead Rd Com High (>35 DU/Ac) P(CG) P(CG/Res) 0.74 35 50 0 ( 36) 32609061 20956 Homestead Rd Com High (>35 DU/Ac) P(CG) P(CG/Res) 1.12 35 50 0 ( 55) 32609060 20990 Homestead Rd Com High (>35 DU/Ac) P(Rec/Enter) P(CG/Res) 2.75 50 0 ( 137) 20c
32607036 [no address] Com High (>35 DU/Ac) P(CG) P(Res) 1.74 15 50 0 ( 86) 32607022 [no address] Com High (>35 DU/Ac) P(CG) P(Res) 1.64 15 50 0 ( 81) 21 0 Monta Vista Village: There are no sites within this area that are currently recommended 22 0 North De Anza: There are no sites within this area that are currently recommended 23 ( 462) South De Anza
23a 35909017 10105 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG, Res) P(CG/Res) 1.00 25 50 0 ( 50) 23b 35917001 10291 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG) P(CG/Res) 1.32 25 50 0 ( 66) 23c Tier 2 35918044 10619 South De Anza Blvd Com/Res Med/High (20-35 DU/Ac) P[CG] P(CG/Res) 0.26 25 30 0 ( -  ) 23d
36619078 [no address] Com/Res High (>35 DU/Ac) P(CG, Res 5- 15) P(CG/ Res) 0.08 15 50 0 ( 4)
36619047 1361 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG, Res 5- 15) P(CG/Res) 2.33 15 50 0 ( 117)
23e Tier 2 36619081 1375 S De Anza Blvd Com/Res Med/High (20-35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 0.30 15 30 0 ( -  )
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Key Map ID
Tier 2/ Total
Units for
each Area
Assessor Parcel Number Site Address/Intersection
General Plan
Designation
(Current)
Tentative General Plan
Designation (New)
Zoning
Designation
(Current)
Zoning
Designation
(New)
Parcel Size
(Gross Acres)
Current Maximum
Density
(du/ac)
New Minimum
Density
(du/ac)
Existing Units Total New
Units
23f Tier 2
36619053 1491 S De Anza Blvd Com/Res Med/High (20-35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 0.56 15 30 0 ( -  )
36619054 1491 S De Anza Blvd Com/Res Med/High (20-35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 1.75 15 30 0 ( -  )
23g
36619044 1451 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 0.44 15 50 0 ( 22)
36619045 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 0.07 15 50 0 ( 4)
23h 36619055 1471 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 0.40 15 50 0 ( 20)
23i 36610121 1505 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 1.34 15 50 0 ( 67)
23j 36610127 1515 S De Anza Blvd Com/Res High (>35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 0.86 15 50 0 ( 43)
23k 36610137 [no address] Com/Res High (>35 DU/Ac) P(CG, Res 5- 15)
P(CG/Res) 0.92 15 50 0 ( 46)
23l 36610054 20555 Prospect Rd Com/Res High (>35 DU/Ac) P(CG, Res 5- 15)
P(Res) 0.48 15 50 0 ( 24)
24 ( 257) Vallco Shopping District
24a 31620088 [no address] Reg Shopping High (>35 DU/Ac) CG P(Res) 5.16 50 0 ( 257) 25 0 South Vallco Park: There are no sites within this area that are currently recommended ( 323) ( 323) North Vallco Park
26a
31605050 10989 N Wolfe Rd Com/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 1.02 25 30 0 ( 31) 31605056 10805 N Wolfe Rd Com/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 6.94 25 30 0 ( 208) 31605052 10871 N Wolfe Rd Com/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.73 25 30 0 ( 22) 31605053 10883 N Wolfe Rd Com/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.92 25 30 0 ( 28) 31605051 10961 N Wolfe Rd Com/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.62 25 30 0 ( 19) 31605072 11111 N Wolfe Rd Com/Res Med/High (20-35 DU/Ac) P(CG, Res) P(CG/Res) 0.54 25 30 0 ( 16) 1509
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Recommended Sites Inventory
8/9/2022 7
Key Map ID
Tier 2/ Total
Units for
each Area
Assessor Parcel Number Site Address/Intersection
General Plan
Designation
(Current)
Tentative General Plan
Designation (New)
Zoning
Designation
(Current)
Zoning
Designation
(New)
Parcel Size
(Gross Acres)
Current Maximum
Density
(du/ac)
New Minimum
Density
(du/ac)
Existing Units Total New
Units
Subtotal ( 2,090) 21 2,090
ADUs ( 200)
TOTAL (Gross) 5,835
TOTAL (Net) 365 5,470
RHNA 4,588
Difference 882
Percent of RHNA 119%
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Cupertino City Council Sites Overview
Cupertino has identified 25 areas that were studied for potential Housing Opportunity Sites. Of these, capacity for future housing is reasonably anticipated to be accommodated in the following 16 areas of the city. This is a live list of sites, and better informed with community comments and discussion participation. On the Engage Cupertino website, individual area pages have more information about each site and an opportunity to provide feedback.

Balancing Act Mapping (Housing Simulator):
https://city-of-cupertino.abalancingact.com/cupertino-available-housing-sites Engage Cupertino Housing Website Surveys:
https://engagecupertino.org/hub-page/housing-element
Area P: Pipeline Projects
Pipeline projects are those that have the highest likelihood of being constructed within the 8-year Housing Element cycle. The following projects have received planning entitlements, so that the primary permit needed prior to construction is a building permit.

RHNA - Pipeline Projects = Sites Inventory need
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Table 1: Pipeline Projects
Project # Parcel Number Address or Intersection Total Net New Units P1 31620120
31620121 10101 N Wolfe Rd (the Rise) 2,402
P2 32627043 21267 Stevens Creek Blvd 259
P3 34216087 10625 S. Foothill Blvd 18
P4 36610126
36610061 7357 Prospect Rd 34
P5 32634066
32634043
10118-10122 Bandley Dr
10145 N. De Anza Blvd 206
P6
34214066
34214104
34214105
22690 Stevens Creek Blvd 8
P7 35907021 10040 Bianchi Way 6
P8 35913019 20860 Mcclellan Rd 12
P9
316-06-058
316-06-059
316-06-060
19500 Pruneridge Ave 600
Total number of Pipeline Projects 3,545 units
Areas with NO specific sites anticipated to accommodate housing:

Neighborhood Area 2: Fairgrove
Neighborhood Area 5: Inspiration Heights
Neighborhood Area 10: Rancho Rincondada
Neighborhood Area 12: Oak Valley Neighborhood
Special Area 14 : Heart of the City - West
Special Area 16 : Heart of the City - Central
Special Area 17 : City Center Node
Special Area 21 : Monta Vista Village
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Special Area 22 : North De Anza
Special Area 25 : South Vallco Park
Special Area 26 : North Vallco Park
Potential Sites within Neighborhood & Special Areas anticipated to accommodate housing:

Neighborhoods are areas where future changes are expected to be minimal.

Table 2: Comparison of Neighborhood Areas and anticipated future housing units Neighborhood Area Number of Units
1: Creston-Pharlap 31
3: Garden Gate 22
4: Homestead Villa 12
6: Jollyman 64
7: Monta Vista North 72
8: Monte Vista South 29
9: North Blaney 61
11: South Blaney 102
Total number of Neighborhood Units 393
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Special Areas are typically regulated with Specific Plans and are expected to transition over the life of the General Plan.

Table 3: Comparison of Special Areas and anticipated future housing units Special Area Number of Units
13: Bubb Road 23
15: Heart of the City - Crossroads 0 (Tier 2 only)
16: Heart of the City - Central 0 (Tier 2 only)
18: Heart of the City - East 165
19: Homestead 27
20: Stelling Gateway 440
23: South De Anza 462
24: Vallco Shopping District 257
26: North Vallco Park 323
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Total number of Special Area Units 1,374
Tier 1: is the default status for all sites listed with potential housing units. Current Tier 1 total units (Neighborhood Areas + Special Areas) = 1,767 units.

Tier 2: represents sites that may be selected for inclusion with Tier 1.

Buffers are recommended by HCD because they assist City staff with meeting No Net Loss requirements, specifically to meet low and very low affordable housing unit allocations.

Visit the following link to correlate density numbers with housing types, specifically in relation to "Missing Middle" housing options:
(https://missingmiddlehousing.com/types).

Neighborhood Area 1: Creston-Pharlap - 31 total units
The Creston-Pharlap neighborhood is a single- family residential area that includes the last remaining unincorporated pocket within the Cupertino urban service area.

Site 1a: 10231 Adriana Ave
10231 Adriana Ave. Parcel #: 32620034. Creston-Pharlap Neighborhood. ● Current General Plan Designation Res Low 1-5
● New General Plan Re-Designation Res 1-7.5
● Current Zoning designation R1-10
● New Zoning Designation R1-5
The parcel size in gross acres is 1.42. The New density (du/ac) may be 10. There is 1 existing unit and the net added units may equal 13. The maximum building height (stories) would be two. Rationale for density change is because it is a large site.

Site 1b: 22273 Cupertino Road
22273 Cupertino Road. Parcel #: 32616075. Creston-Pharlap Neighborhood. ● Current General Plan Designation Res Low 1-5
● New General Plan Re-designation Res ML 5-10
● Current zoning designation R1-10
● New zoning designation R1-5
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The parcel size in gross acres is 1.35. The New density (du/ac) may be 5. Existing unit is 1. Net new units may equal 10. The maximum building height (stories) would be two. Rationale for density change is because it is a large site.

Site 1c: 10050 N Foothill Blvd
10050 N Foothill Blvd. Parcel #: 32650062. Creston-Pharlap Neighborhood. ● Current General Plan designation Com/Off/res
● New General Plan re-designation Res medium 10-20
● Current zoning designation P (OA)
● New zoning designation R3
The parcel size in gross acres is 0.62. The New density (du/ac) may be 15. Existing unit is 1. Net new units may equal 8. The maximum building height (stories) would be three.

Neighborhood Area 2: Fairgrove - 0 units
There are no sites within this area that are currently recommended.

Neighborhood Area 3: Garden Gate - 22 total units
The Garden Gate neighborhood is predominantly defined by single-family residential homes with pockets of duplexes and apartments, including the Villages of Cupertino apartment site. This area is served by several amenities including shopping and employment opportunities along Stevens Creek and De Anza Boulevards, Garden Gate Elementary, the YMCA, Memorial Park and the Quinlan Community Center.

Site 3a: Right- of- Way, Mary Ave Site.

Portion of Mary Ave Right-of-way. Garden Gate Neighborhood. ● Current General Plan Designation P/Res
● New General Plan re-designation Res H 30>
● Current zoning designation T
● New Zoning designation P (Res)
The parcel size in gross acres is 0.71. The New density (du/ac) may be 40. There are no existing units, and new units may equal 22. The maximum building height (stories) would be five. Rationale for density change is to recognize opportunity for affordable housing within the un-utilized ROW.

Neighborhood Area 4: Homestead Villa - 12 total units
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The Homestead Villa neighborhood includes a mixture of traditional single family homes, clustered homesites, townhomes, condominiums and duplexes that is also served by the Homestead Crossing neighborhood center.

Site 4a: 10860 Maxine Ave.
10860 Maxine Ave. Homestead Villa. Parcel #: 32602063.
● Current General Plan Designation Res ML 5-10
● New General Plan Re-designation is not available
● Current zoning designation R2-4.25i
● Proposed new zoning designation may be not available.

The parcel size in gross acres is 0.71. New density (du/ac) may be 20. There are zero existing units. The total of new units may be 12. The maximum building height (stories) would be two.

Neighborhood Area 5: Inspiration Heights - 0 units
There are no sites within this area that are currently recommended.

Neighborhood Area 6: Jollyman - 64 total units
The Jollyman neighborhood is predominantly defined by single-family residential homes but also includes fourplexes, townhomes and apartments. Jollyman Park and Faria Elementary School are also located in the Jollyman Neighborhood.

Site 6a: 20865 McClellan road
Tier 2 Potential Additional Site: 20865 McClellan Road. Parcel #: 35913019.

Jollyman Neighborhood.
● Current General Plan designation Res Low 1-5.
● New General Plan re-designation Res Medium 10-20
● Current zoning designation R1-10
● New zoning designation R1-7.5
The parcel size in gross acres is 1.00. New density (du/ac) may be 20. Net new units may be 20. The maximum building height (stories) would be two. The rationale for density change is pending application review. Owner interest.

Site 6b: 21050 Mcclellan Road
21050 Mcclellan Road. Parcel #: 35905133. Jollyman Neighborhood. ● Current General Plan designation COM/Off/Res
● New General Plan re-designation Res Medium 10-20
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● Current zoning designation P
● New zoning designation P(R-3)
The parcel size in gross acres is 0.78. New density (du/ac) may be 30. Existing unit is one. Net new units may be 23. The maximum building height (stories) would be four. The rationale for density change is because it is within a high-transit corridor, neighboring high density, and because it is a large site. Owner interest.

Site 6c: 7540 McClellan Road
Former Tier 2 Potential Additional Site: 7540 McClellan Road. Parcel #: 35919043.

Jollyman Neighborhood.
● Current General Plan designation Low Den (1-5 DU/Ac.) ● New General Plan re-designation res Medium 10-20
● Current zoning designation R1-6
● New zoning designation R1-C
The parcel size in gross acres is 0.33. New density (du/ac) may be ten. Net new units may be 2. The maximum building height (stories) would be two. Rationale for density change is high-transit corridor.

Site 6d: 20920 McClellan Road
20920 Mcclellan Road. Parcel #: 35920028. Jollyman Neighborhood. ● Current General Plan designation Quasi-Public
● New General plan re-designation Res H 30>
● Current zoning designation BQ
● New zoning designation P(Res)
The parcel size in gross aces is 0.71. New density (du/ac) may be 30. Existing unit is zero. Net new units may equal twenty-one. The maximum building height (stories) would be four. The rationale for density change is because it is within a high-transit corridor and because it is a large site.

Neighborhood Area 7: Monta Vista North - 72 total units The Monta Vista North neighborhood is primarily single-family homes that also encompasses the tri-school area of Lincoln Elementary School, Kennedy Middle School and Monta Vista High School, and also includes community facilities such as Blackberry Farm, McClellan Ranch Preserve, Linda Vista Park and Stevens Creek County Park.

Site 7a: Linda Vista Dr.

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10857, 10867, 10877, & 10887 Linda Vista Dr.

Parcel #: 35606001, -002, -003, -004. Monta Vista North. ● Current General Plan designation Res Low 1-5
● New General Plan re-designation Med/High (20-35 DU/Ac) ● Current zoning designation R 1-7.5
● New zoning designation P(R-3)
The parcel size in gross acres is 2.54. New density (du/ac) may be 30. Existing unit is zero. The maximum building height (stories) would be three. Rationale for density change is because it is within a self-enclosed cul de sac and because it is a large site. Owner interest.

Net new units for 10857 may equal 21
Net new units for 10867 may equal 20
Net new units for 10877 may equal 7
Net new units for 10887 may equal 25
Site 7b: 22381 McClellan Road.

Tier 2 Potential Additional Site: 22381 McClellan Road. Parcel #: 35705010. Monte Vista North.
● Current General Plan designation Res Low 1-5
● New General Plan re-designation Res Medium 10-21
● Current zoning designation R1-10
● New zoning designation R-1C
The parcel size in gross acres is 0.44. There is no proposed change to density. This is a Tier 2 site with no new units anticipated with initial analysis. The maximum building height (stories) would be two. Owner interest.

Neighborhood Area 8: Monta Vista South - 29 total units The Monta Vista South neighborhood is combined with hillside development in the west while the east side is on the valley floor and is developed in a more traditional residential subdivision pattern with lots generally 6,000 square feet in size. The 37-acre Seven Springs Ranch that was listed on the California Register of Historic Places is located on the southern edge of this area.

Site 8a: 20666 Clea Ave.

Tier 2 Potential Additional site: 20666 Cleo Ave. Parcel #: 36231001. Monta Vista South.
● Current General Plan designation res medium 10-20
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● New General Plan re-designation Med/High (20-35 DU/ac) ● Current zoning designation P(R3)
● New zoning designation P(res)
The parcel size in gross acres is 0.25. New density (du/ac) may be 30. Existing unit is one. This is a Tier 2 site with no new units anticipated with initial analysis.

The maximum building height (stories) would be four. Rationale for density change is that it would be compatible with adjacent density. Owner interest.

This parcel was formerly Tier 1.

Site 8b: No address.

No address. Parcel #: 36231030. Monte Vista South.
● Current General Plan designation is Res Medium 10-20
● New General Plan re-designation Med/High (20-35 DU/Ac) ● Current zoning designation P (R3)
● New zoning designation P(Res)
The parcel size in gross acres is 0.23. New density (du/ac) may be 30. Existing unit is zero. Net new units may equal six. The maximum building height (stories) would be four. Rationale for density change is adjacent to Hwy 85.

Site 8c: 21710 Regnart Road
21710 Regnart Road. Parcel #: 35623057, 35623001. Monte Vista South. ● Current General Plan designation Res very Low S/D
● New General Plan re-designation Res Low 1-5
● Current zoning designation RHS
● New zoning designation R1-5
The parcel size in gross acres is 1.61. New density (du/ac) may be 15. Existing unit for parcel -057 is one. Existing unit for parcel -001 is zero. Net new units may equal 21 at the 35623057 parcel. Net new units may equal 2 at parcel 35623001.

The maximum building height (stories) would be two. Rationale for density change is a large site: similar density adjacent. Owner interest.

Site 8d: 21530 Rainbow Dr.

Tier 2 Potential Additional site: 21530 Rainbow Dr. Parcel #: 36638021. Monte Vista South.
● Current General Plan designation Res Very Low S/D
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● New General plan re-designation is not available
● Current zoning designation RHS
● New zoning designation R1-7.5
The parcel size in gross acres is 0.43. New density (du/ac) may be 3.4. Existing unit is one. This is a Tier 2 site with no new units anticipated with initial analysis.

The maximum building height (stories) would be two. Owner interest. Formerly a Tier 1 parcel.

Neighborhood Area 9: North Blaney - 61 total units
The North Blaney neighborhood is predominantly defined by single-family residential homes with duplexes, townhomes and apartments closer to the freeway. Collins Elementary School and Lawson Middle School are also located in this Neighborhood.

Site 9a: 10730 N. Blaney Ave. & 10710 N. Blaney Ave.
10730 N. Blaney Ave. Parcel # 31643009
10710 N. Blaney Ave. Parcel # 31643008
● Current General Plan designation res Medium 10-20
● -009 current General Plan designation ind.
● All parcels new General Plan re-designation Res H 30> ● Current Zoning designation R3
● Current zoning designation for -009 P (R2, Mini-Star) ● New zoning designation P(res)
The parcel size in gross acres is 2.13. New density (du/ac) may be 30.

Existing units at each site are one, for a total of two. Net new units may be 61.

The total Max building height may be five stories. Rationale for density change is because it is close to Hwy 280; significant increase in density offset loss of existing high-density housing; and because it is a large site. Owner interest.

Neighborhood Area 10: Rancho Rincondada - 0 units
There are no sites within this area that are currently recommended.

Neighborhood Area 11: South Blaney - 102 total units
This neighborhood is defined by single-family residential homes served by several amenities including proximity to the Cupertino Library and two large parks:

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neighborhood include townhomes and duplexes that line Miller Avenue and Bollinger Road.

Site 11a South Blaney
10787 S. Blaney Ave. Parcel #: 26934053. South Blaney neighborhood. 10891 S. Blaney Ave. Parcel #: 26934052
● Current General Plan designation Com/Res
● New General Plan re-designation Med/High (20-35 DU/Ac) ● Current zoning designation P(CG)
● New zoning designation P(Res)
The parcel size in gross acres is 3.24. New density (du/ac) may be 20. Existing unit is zero. Net new units is 65. The maximum building height (stories) would be four. Rationale for destiny change is surrounded on three sides by small-lot SFD; and because it is a large site. Owner interest.

Site 11b: South Blaney various contiguous properties
10710 S. De Anza Blvd. Parcel #: 36937028.
20421 Bollinger Road. Parcel #: 36937022.
20411 Bollinger Road. Parcel #: 36937023
20431 Bollinger Road. Parcel #: 36937024.

South Blaney neighborhood.
● -7028 Current General Plan designation Com/res
● -7022, 7023, 7024 current General Plan designation Medium (10-20 DU/Ac) ● New General Plan re-designation Res H> 30
● -7028 Current zoning designation R2
● -7022,7023,7024 current zoning designation R3
● New zoning designation P(Res)
The parcel size in gross acres is 1.34. New density (du/ac) 40. -7028 existing units are zero.
-7022 existing units are zero.
-7023 existing units are two.
-7024 existing units are one.

Net new units may equal 38.
-7028 total new units may equal 17 units.
-7022 total new units may equal 12 units.
-7023 total new units may equal 5.

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-7024 total new units may equal 4.

The maximum building height (stories) would be five. The rationale for density change is because it is in a high transit corridor, because it is a large site, surrounded by commercial; and adjacent to the city limit.

Neighborhood Area 12: Oak Valley Neighborhood - 0 units There are no sites within this area that are currently recommended.

Special Area 13: Bubb Road - 23 total units
The Bubb Road Special Area is approximately 30 acres in size and consists primarily of low-rise industrial and research and development uses.

Site 13a: 21431 McClellan Road
21431 McClellan Road. Parcel #: 35720044. Bubb Road Special Area. ● Current General Plan designation Ind/Res/ Com
● New General Plan re-designation Res H 30>
● Current zoning designation ML-rc
● New zoning designation P(Res)
The parcel size in gross acres is 0.47 New density (du/ac) may be 50. Existing unit is one. Net new units may equal 23. The max building height (stories) are five.

Rationale for density change is that it is close to Hwy 85 and adjacent to commercial. Owner interest.

Special Area 14: Heart of the City West - 0 units
There are no sites within this area that are currently recommended.

Area 15: Heart of the City-Crossroads - 0 units
The Heart of the City Specific Plan provides specific development guidance for one of the most important commercial corridors in the City of Cupertino, for the purpose of creating a greater sense of place and community identity in Cupertino. The plan contains streetscape design, development standards and design guidelines for multi-unit residential and commercial/office projects.

Site 15a: 10125 Bandley Dr.

Tier 2 Potential Additional Site: 10125 Bandley Dr. Parcel #: 3263407. Heart of City- Crossroads.
● Current General Plan designation Com/off/res
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● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res)
● New zoning designation P (Res)
The parcel size in gross acres is 1.09. New density (du/ac) may be 50. This is a Tier 2 site with no new units anticipated with initial analysis. The max building height (stories) are eight. Rationale for density change is that it is a high transit corridor; Heart of the City; and because it is a large site.

Site 15b: 20950 Stevens Creek Blvd
Tier 2 Potential Additional Site. 20950 Stevens Creek Blvd. Parcel #: 35907006.

Heart of City- Crossroads
● Current General Plan designation Com/off/res
● New General Plan re-designation res H 30>
● Current zoning designation P(CG, Res)
● New zoning designation P(Res)
The parcel size in gross acres is 0.32. New density (du/ac) may be 50. This is a Tier 2 site with no new units anticipated with initial analysis. The max building height (stories) are eight. Rationale for the density change is that it is a high transit corridor; Heart of the City. Owner interest.

Site 15c: 20840 Stevens Creek Blvd.

Tier 2 Potential Additional site. 20840 Stevens Creek Blvd. Parcel # 35908025.

Heart of City-Crossroads
● Current General Plan Designation COM/OFF/RES
● New General Plan Designation Res H 30>
● Current zoning designation P9 (CG,Res)
● New zoning designation P (CG/Res)
The parcel size in gross acres is 0.83. New density may be 30. This is a tier two site.

The net new units may equal 25. The maximum building height (stories) are five.

Rationale for the density change is that it is a high transit corridor and a large site.

Site 15d: 20730 Stevens Creek Blvd.

Tier 2 potential additional site 207030 Stevens Creek Blvd. Parcel # 35908028 Heart of City-Crossroads
● Current general plan designation Com/Off Res
● New general plan designation Res H 30>
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● Current zoning designation P (CG, Res)
● New zoning designation P (CG/Res)
The parcel size in gross acres is 10.45. New density may be 30. This is a tier 2 site.

Existing units are 314. The net new units may equal 38. The maximum building height (stories) are five. Rationale for the density change is that it is a high transit corridor and a large site.

Site 15e: 20830 Stevens Creek Blvd.

Tier 2 potential additional site. 20830 Stevens Creek Blvd. Parcel # 35908027.

Heart of City-Crossroads
● Current general plan designation Com/Off/Res
● New general plan designation Res H 30>
● Current zoning designation P (CG, Res)
● New zoning designation P (CG/Res)
The parcel size in gross acres is 0.81. New density may be 30. This is a tier 2 site.

There are 24 existing units. The net new units may equal 30. The maximum building height (stories) are five. Rationale for the density change is that it is a high transit corridor and a large site.

Site 15f: 20750 Stevens Creek Blvd
Tier 2 potential additional site. 20750 Stevens Creek Blvd. Parcel # 35908029.

Heart of City-Crossroads
● Current general plan designation COM/Off/Res
● New General Plan Designation Res H 30>
● Current zoning designation P(CG,Res)
● New zoning designation P(CG/Res)
The parcel size in gross acres is 0.92. New density may be 30. This is a tier 2 site.

The net new units may equal 28 if it is elevated to a Tier 1 site. The maximum building height (stories) are five. Rationale for the density change is that it is a high transit corridor and a large site.

Site 15g: 20850 Stevens Creek Blvd
Tier 2 potential additional site. 20850 Stevens Creek Blvd. Parcel # 35908026.

Heart of City-Crossroads
● Current general plan designation Com/Off/res
● New general plan designation Res H 30>
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● Current zoning designation P (CG,Res)
● New zoning designation P(CG/Res)
The parcel size in gross acres is 0.45. New density may be 30. This is a tier 2 site.

Existing units are 14. The net new units may equal 14 if it is elevated to a Tier 1 site. The maximum building height (stories) are five. Rationale for the density change is that it is a high transit corridor and a large site.

Special Area 16: Heart of the City-Central - 0 units
The Heart of the City Specific Plan provides specific development guidance for one of the most important commercial corridors in the City of Cupertino, for the purpose of creating a greater sense of place and community identity in Cupertino. The plan contains streetscape design, development standards and design guidelines for multi-unit residential and commercial/office projects.

Site 16a: 19990 Stevens Creek Blvd.

Tier 2 Potential Additional Site: 1000- Stevens Creek Blvd. Parcel #: 36905007.

Heart of the City- Central Area.
● Current General Plan designation Com/Off/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P9CG, Res)
● New zoning designation P(Res)
The parcel size in gross acres is 0.46. The New density (du/ac) may be 50. This is a Tier 2 site with no new units anticipated with initial analysis. The max building height (stories) are eight. Rationale for density change is a high transit corridor; Heart of the City.

Site 16b: 20010 Stevens Creek Blvd
Tier 2 Potential Additional site: 20010 Stevens Creek Blvd. Parcel #: 36903005.

Heart of the City- Central Area.
● Current General Plan designation Com/Off/res
● New General Plan re-designation Res H 30>
● Current zoning designation P (CG, Res)
● New zoning designation P(Res)
The parcel size in gross acres is 0.47. The New density (du/ac) may be 50. This is a Tier 2 site with no new units anticipated with initial analysis. The maximum building height (stories) would be eight. The rationale for density change is July 20, 2022 16
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because it is in a high transit corridor, and because it is a Heart of the City.

Owner interest.

Site 16c: 20149 Stevens Creek Blvd.

Tier 2 Potential Additional Site: 20149 Stevens Creek Blvd. Parcel #: 31623027.

Heart of the City- Central Area.
● Current General Plan designation Com/off/res
● New General Plan re-designation Res H 30>
● Current zoning designation P (CG, Res)
● New zoning designation P(Res)
The parcel size in gross acres is 0.64. The New density (du/ac) may be 50. This is a Tier 2 site with no new units anticipated with initial analysis. The maximum building height (stories) would be eight. The rationale for density change is because it is in a high transit corridor, and because it is a Heart of the City; and because it is a large site. Owner interest.

Special Area 17: City Center Node - 0 units
There are no sites within this area that are currently recommended.

Special Area 18: Heart of the City-East - 165 total units The Heart of the City Specific Plan provides specific development guidance for one of the most important commercial corridors in the City of Cupertino, for the purpose of creating a greater sense of place and community identity in Cupertino. The plan contains streetscape design, development standards and design guidelines for multi-unit residential and commercial/office projects.

Site 18a: 10065 E Estates Dr
10065 & 10075 E. Estates Dr. Parcels #: 36906002, 6003, 6004. Heart of the City- East Area.
● Current General Plan designation Com/off/res
● New General Plan re-designation Res H 30 >
● Current zoning designation P(CG, Res)
● New zoning designation P(Res)
The parcel size in gross acres is three. The New density (du/ac) may be 50.

Existing unit is zero. Net new units133.

Total new units at 6002 may be: 45
Total new units at 6003 may be: 25
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Total new units at 6004 may be : 63
Site 18b: 19550 Stevens Creek Blvd.
19550 Stevens Creek Blvd. Parcel # 36906007.
● Current General Plan designation Com/off/res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res)
● New zoning designation P(Res)
This is a 0.64 acre site with 32 new units anticipated with initial analysis. The new density (du/ac) 50. Max building height (stories) is eight. Rationale for density change is that it is a high transit corridor; Heart of the City; and because it is a large site.

Site 18c: 19220 Stevens Creek Blvd. Heart of City-East
Tier 2 Potential Additional Sites: 19220 Stevens Creek Blvd. Parcel #: 37506007 & 19300 Stevens Creek Blvd. -37506006
● Current General Plan designation Com/off/res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res)
● New zoning designation P(Res)
The parcel size in gross acres is three. The new density (du/ac) 50. This is a Tier 2 site with no new units anticipated with initial analysis. Max building height (stories) is eight. Rationale for density change is that it is a high transit corridor; Heart of the City; and because it is a large site. Owner interest.

Site 18d: 19400 Stevens Creek Blvd
Tier 2 Potential Additional Site: 19400 Stevens Creek Blvd. Parcel #: 37501023.

Heart of the City East.
● Current General Plan designation Com/Off/Res
● New General plan re-designation Res H 30>
● Current zoning designation P (CG, Res)
● New zoning designation P (Res)
The parcel size in gross acres is 1.20. The New density (du/ac) may be 50. This is a Tier 2 site with no new units anticipated with initial analysis. The maximum building height (stories) are eight. The rationale for density change is because it is in a high transit corridor. Owner interest.

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Special Area 19: Homestead - 27 total units
The Homestead Special Area is a major mixed- use corridor with a series of neighborhood commercial centers and multi-family housing.

Site 19a: 19820 Homestead Road
19820 Homestead Rd. Parcel #: 31604064. Homestead Area. ● Current General Plan designation Res Low 1-5
● New General Plan re-designation is a no
● Current zoning designation is BQ
● Proposed new zoning designation may be R1-5
The parcel size in gross acres is 0.44. The new density (du/ac) is fifteen. Existing unit is zero. The Net new units may equal six. The maximum building height (stories) are two. Owner interest.

Site 19b: 11025 N De Anza Blvd
11025 N De Anza Blvd. Parcel #: 32336018. Homestead Area. ● Current General Plan designation is Com/res
● New General Plan re-designation Res H 30>
● Current zoning designation P (CG, Res)
● New zoning Designation P (Res)
The parcel size in gross acres is 0.42. New density (du/ac) may be 50. There are no existing units and the net added units may equal 21. The max building building height (stories) are eight. Rationale for density change is because it is close to Hwy 280 interchange; high-transit corridor; adjacent commercial.

Owner interest.

Special Area 20: Stelling Gateway - 440 total units
Stelling Gateway, which consists primarily of commercial and residential uses, is located in this area within the Homestead Planning Area, at the intersection of Homestead and Stelling Roads.

Site 20a: No address
No address. Parcel #: 32607030. Stelling Gateway.
● Current General Plan designation is Com
● New General Plan re-designation Res H 30>
● Current zoning designation BQ
● New zoning designation P(Res)
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The parcel size in gross acres is 0.92. New density (du/ac) may be 50. There are no existing units and the net added units may equal 45. The max building height (stories) may be eight.

Site 20b: Homestead Road
20916, 20956, 20990 Homestead Road. Parcel #: 32609052- , -9061. Stelling Gateway.
● Current General Plan Designation is Com
● New General Plan re-designation is Res H 30>
● Current zoning designation is P (CG)
● New zoning designation P(Res)
The parcel size in gross acres is 4.61. New density (du/ac) may be 50. There are no existing units and the net added units may equal 228. -32609052 total new units may be: 36
-32609061 total new units may be: 55
-32609060 total new units may be: 137
The maximum building height (stories) are eight. The rationale for density change is because it is in a high transit corridor; adjacent commercial; and because it is a large site.

Site 20c: No address
(no address.) Parcel #: 32607036 & 32607022. Stelling Gateway. ● Current General Plan designation is Com
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG)
● New zoning designation P(Res)
The parcel size in gross acres is 3.38. New density (du/ac) may be 50. There are no existing units and the net added units is 167.
-3260736 total new units may be: 86
-32607022 total new units may be: 81
The maximum building height (stories) are eight. The rationale for density change is because it is a high-transit corridor, adjacent commercial, and because it is a large site.

Special Area 21: Monta Vista Village - 0 units
There are no sites within this area that are currently recommended.

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Special Area 22: North De Anza - 0 units
There are no sites within this area that are currently recommended.

Special Area 23: South De Anza - 462 total units
South De Anza Boulevard Conceptual Plan encompasses the stretch between Stevens Creek Blvd. and Bollinger Rd along De Anza Blvd.

Site 23a: 10105 S. De Anza Blvd
10105 South De Anza Blvd. Parcel #: 35909017.
● Current General Plan designation Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P (CG, Res)
● New zoning designation P(Res)
The parcel size in gross acres is 1.00. The new density (du/ac) is 50. There are no existing units and the net added units may equal 50. The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor, and because it is a large site. Owner interest.

Site 23b: 10291 S. De Anza Blvd
10291 South De Anza Blvd. Parcel #: 35917001.
● Current General Plan designation is Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG)
● New zoning designation P (Res)
The parcel size in gross acres is 1.32. The New density (du/ac) may be 50. There are no existing units and the net added units may be 66. The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor and because it is a large site. Owner interest.

Site 23c: 10619 South De Anza Blvd
Tier 2 Potential Additional Site: 10619 South De Anza Blvd. Parcel #: 35918044. ● Current General Plan designation Com/ Res
● New General Plan re-designation Res H 30>
● Current zoning designation P (CG)
● New zoning designation P(Res)
The parcel size in gross acres is 0.26. The new density (du/ac) is 30. This is a Tier 2 site with no new units anticipated with initial analysis. The max building height July 20, 2022 21
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(stories) are five. The rationale for density change is because it is in a high transit corridor and because it is a large site. Owner interest.

Site 23d: 1361 S. De Anza Blvd
1361 & 1375 South De Anza Blvd. Parcels #: 36619078 & 36619047. ● Current General Plan designation Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P (CG, Res 5-15)
● New zoning designation P(Res)
The parcel size in gross acres is 2.41. The New density (du/ac) may be 50. There are no existing units. The net new units may equal 121. The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor and because it is a large site. Owner interest. This is a former Tier 2 site.

Site 23e: 1375 S De Anza Blvd
Tier 2 Potential Additional Site: 1375 South De Anza Blvd. Parcel #: 36619081. ● Current General Plan Designation Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res 5-15)
● New zoning designation P(Res)
The parcel size in gross acres is 0.30. The New density (du/ac) may be 30. This is a Tier 2 site with no new units anticipated with initial analysis. The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor.

Site 23f: 1491 s De Anza Blvd
Tier 2 Potential Additional Site. 1491 S De Anza Blvd. South De Anza Blvd. Parcels #: 36619053, -9054.
● Current General Plan designation Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res 5-15)
● New zoning designation P(Res)
The parcel size in gross acres is 2.31. The New density (du/ac) may be 30. Existing unit is zero. This is a Tier 2 site with no new units anticipated with initial analysis. -36619053 net added units may be: 16
-9054 net added units may be: 52
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The net new units may equal zero. The max building height (stories) are five.

Rationale for density change because it is a high transit corridor and because it is a large site. Former tier 1 site.

Site 23g: 1451 S De Anza Blvd. and Saratoga/Sunnyvale Rd 1451 S De Anza Blvd. South De Anza Blvd. Parcels #: 36619044 & 36619045 (Saratoga/Sunnyvale Rd.) South De Anza.
● Current General Plan designation Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res 5-15)
● New zoning designation P(Res)
The parcel size in gross acres is 0.51. The New density (du/ac) may be 50. There are no existing units and the net added units may equal 15. -36619044 net added units may be: 22
-36619095 net added units may be: 4
The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor, and because it is a large site.

Site 23h: 1471 S De Anza Blvd
1471 S. De Anza Blvd. South De Anza Blvd. Parcel #: 36619055. ● Current General Plan designation Com/res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res 5-15)
● New zoning designation P (Res)
The parcel size in gross acres is 0.40. The New density (du/ac) may be 50. There are zero existing units and the net added units may equal 20. The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor.

Site 23i: 1505 S De Anza Blvd
1505 S De Anza Blvd. South De Anza Blvd. Parcel #: 36610121. ● Current General Plan designation Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res 5-15)
● New zoning designation P(Res)
The parcel size in gross acres is 1.34. The New density (du/ac) may be 50. There are zero existing units and the net added units may equal 67. The max building July 20, 2022 23
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height (stories) are five. The rationale for density change is because it is in a high transit corridor and because it is a large site.

Site 23j: 1515 S De Anza Blvd
1515 S De Anza Blvd. South De Anza Blvd. Parcel #: 36610127. ● Current General Plan designation Com/Res
● New General Plan re-designation Res H 30>
● Current zoning designation P(CG, Res 5-15)
● New zoning designation P(Res)
The parcel size in gross acres is 0.86. The new density (du/ac)is 50. There are no existing units and the net added units may equal 43. The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor and because it is a large site.

Site 23k: South De Anza Blvd
(no address) South De Anza Blvd. Parcel #: 36610137.
● Current General Plan designation Com/Res
● New General Plan re-designation Res H30>
● Current zoning designation P (CG, Res 5-15)
● New zoning designation P (Res)
The parcel size in gross acres is 0.92. The New density (du/ac) may be 50. There are no existing units and the net added units may equal 46. The max building height (stories) are five. The rationale for density change is because it is in a high transit corridor and because it is a large site.

Site 23l: Prospect Road
20555 Prospect Rd. Parcel Number: 36610054.
● Current General Plan designation Com/Res
● New General Plan re-designation Res H30>
● Current zoning designation P (CG, Res 5-15)
● New zoning designation P (Res)
The New density (du/ac) may be 50. The rationale for density change is because it is in a high transit corridor. There are no existing units. Net new units may equal 24.

Area 24: Vallco Shopping District - 257 total units
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The South Vallco planning area is an approximately 125-acre area bounded by I-280 to the north, Stevens Creek Boulevard to the south, including Cupertino Square shopping center (formerly Vallco Fashion Park) along the east and west side of Wolfe Road and the office development along the east side of Tantau Avenue.

Site 24a: Vallco Shopping District
10333 N Wolfe Road. Parcel #: 31620088. Vallco Shopping District ● Current General Plan designation Reg Shopping
● New General Plan re-designation Res H 30>
● Current zoning designation CG
● New zoning designation P(Res)
The parcel in gross acres is 5.16. New density (du/ac) may be 70. There are no existing units and the net added units may equal 257. The max building height (stories) are eight. The rationale for density change is because it is in a high transit corridor, and because it is a large site, and close to Hwy 280.

Area 25: South Vallco Park - 0 units
There are no sites within this area that are currently recommended.

Area 26: North Vallco Park - 323
North Vallco Master Plan (not adopted by Council - for guidance only) The North Vallco planning area is the 240-acre area bounded by Homestead Road, Tantau Avenue, I-280 and Wolfe Road. It includes the 100-acre Hewlett Packard campus, 50 acres acquired by Apple Computer for a future second campus, Cupertino Village shopping center, hotel, residential and office developments.

Site 26a: 10989 N Wolfe Road et al
Tier 2 Potential Additional Site: 10989 N Wolfe Rd North Vallco Park. Parcel #:
31605050
10801 N Wolfe Rd. -5017
10805 N Wolfe Rd. -5056
10871 N. Wolfe Rd. - 5052
10883 N Wolfe Rd. -5053
11111 N Wolfe Rd. -5072
● Current General Plan designation for Com/Res
● New General Plan designation Res H 30>
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● Current zoning designation P (CG, Res)
● New zoning designation P (CG/Res)
The total parcel size in gross acres is 1.68. New density (du/ac) may be 25. This is a Tier 2 site with no existing units and unless this site is elevated to a Tier 1 site, the net added units may equal zero. The max building height (stories)are five. The rationale for density change is because it is in a high transit corridor and because it is a large site.

Additional methods to assist with meeting housing unit allocation:

Senate Bills: State laws that can be considered to meet RHNA Senate Bills 9 and 10 were passed in 2021 to enable increased flexibility for property owners and local governments to support construction of infill housing in areas that are already developed. Both laws apply to single-family zoned properties, and are optional. These laws respect the uniqueness for each lot and each City by enabling an ability for individuals and local governments to determine potential opportunities to increase the number of housing units in ways that align with community goals for the local built environment.

These descriptions are included to provide information for these options. For any SB-9 projects to count towards Cupertino’s 6th Cycle update, a letter of intent by each property owner interested in constructing this type of project would be helpful for HCD Sites Inventory compliance towards certification.

If you are a property owner interested in constructing units with SB-9 regulations, please sign-up to have your property included in this Sites List at https://rb.gy/2mz5eq.

Senate Bill 9 (SB - 9): Ability for property owners to add units for single-family zoned lots
SB 9 is intended to support increased supply of homes by encouraging building of smaller houses on existing or subdivided small lots. For SB-9 sites to be considered for the 6th Cycle Housing Element update, certain information must be gathered to demonstrate a reasonable expectation that committed units will be constructed within the eight-year cycle. SB-9 facilitates the creation of up to 4 housing units in the lot area typically used for 1 single-family home, through July 20, 2022 26
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either adding a unit to the existing lot, or subdividing the lot to allow two units for each lot. Cities may limit the unit size to 800 square feet, but this is not required.

Only objective zoning standards, subdivision standards, and design standards can be applied. However, these standards cannot preclude the construction of two units of at least 800 square feet.

General requirements for lot splits: Each new lot must be at least 1,200 sq ft. • Lots must be split roughly in half – smaller lots must be at least 40% of the original lots. • A lot intended to be split cannot be created by a previous SB 9 lot split. • New lot divisions may not be adjacent to another lot that has been split using SB 9 by the same owner, or any person acting in concert with the owner. • Applicants must sign an affidavit stating they intend to live in one of the units for at least three years on a lot split, unless the applicant is a “community land trust” or a “qualified non-profit corporation” as defined by the Revenue and Taxation Code.

Senate Bill 10 (SB - 10): Ability for City to enable additional units for single-family zoned lots
Use of this law is optional for each City. This law enables the local government to approve up to a 10-unit multi-family building on lots currently zoned for single-family housing. City Council would need to pass a resolution to adopt a plan to use SB -10, and exempts that zoning action from being considered a project under the California Environmental Quality Act. When the local government passes this resolution, it can choose whether the individual projects will be ministerial/by right or subject to discretionary approval.

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North Blaney Neighborhood
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Vallco Park North Special Center
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Tier 1 Projects
Tier 2 Projects
Pipeline Projects
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Special Center
Boundary
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