Cupertino City Council
March 7, 2023

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, March 7, 2023
5:00 PM
Televised Special Meeting (5:00) and Regular City Council Meeting (6:45)

IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address the City Council must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments by 4:00 p.m. on Tuesday, March 7 to the Council at [email protected]. These e-mail comments will also be forwarded to Councilmembers by the City Clerk’s office before the meeting and posted to the City’s website after the meeting.

Members of the public may provide oral public comments during the meeting as follows:

Oral public comments will be accepted during the meeting. Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item.

Teleconferencing Instructions

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To address the City Council, click on the link below to register in advance and access the meeting:

Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_qjAbNad7Srqs5BuCMmU8MQ Phone
Dial: 669-900-6833 and enter Webinar ID: 918 4044 2585 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number.

Or an H.323/SIP room system:

H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 918 4044 2585
SIP: [email protected]
After registering, you will receive a confirmation email containing information about joining the webinar.

Please read the following instructions carefully:

1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer.

2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting. Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation.

3. When the Mayor calls for the item on which you wish to speak, click on “raise hand,” or, if you are calling in, press *9. Speakers will be notified shortly before they are called to speak.

4. When called, please limit your remarks to the time allotted and the specific agenda topic.

5. Members of the public that wish to share a document must email [email protected]

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City Council Agenda March 7, 2023
prior to speaking.

NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, March 07, 2023, commencing at 5:00 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting."

SPECIAL MEETING
ROLL CALL - 5:00 PM

ACTION CALENDAR

1. Subject: Consideration of a resolution amending the established City Council meeting calendar through January 2, 2024
Recommended Action: Adopt Resolution 23-027 amending the established City Council meeting calendar through January 2, 2024
Staff Report
A - Draft Resolution

2. Subject: Consider the Mid-Year Financial Report for Fiscal Year 2022-23, amending the Unrepresented Employees’ Compensation Program, and approving a new job classification
Recommended Action: 1. Receive the City Manager’s Mid-Year Financial Report for Fiscal Year 2022-23;

2. Adopt Resolution No. 23-028 amending the Unrepresented Employees’ Compensation Program and Classification Plan; and

3. Approve a new Special Project Executive job classification and separate the Assistant Director of Community Development and Building Official job classifications.

Staff Report
A - FY 2022-23 Mid-Year Financial Report
B – Mid-Year Performance Measures
C - Description of Carryovers and Adjustments through December 31, 2022 D - Description of Budget Transfers through December 31, 2022 E - FY 2022-23 Mid-Year Special Projects Update
F - Competitive and Non-Competitive Grants Tracking
G - Capital Improvement Program Project Status
H - Draft Resolution
I - Unrepresented Comp - Revised - 03-07-2023 DRAFT CLEAN J - Unrepresented Comp - Revised - 03-07-2023 DRAFT REDLINE K - Job Description - Special Project Executive Final 2-23

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ADJOURNMENT

REGULAR MEETING
CALL TO ORDER - 6:45 PM

PLEDGE OF ALLEGIANCE

ROLL CALL
CLOSED SESSION REPORT - None

CEREMONIAL ITEMS

1. Subject: Consider a proclamation declaring March as Youth Arts Month Recommended Action: Present proclamation declaring March as Youth Arts Month A - Proclamation

POSTPONEMENTS AND ORDERS OF THE DAY

ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Council on any matter within the jurisdiction of the Council and not on the agenda for discussion, including informational items. The total time for Oral Communications will ordinarily be limited to one hour. Individual speakers are limited to three (3) minutes. As necessary, the Chair may further limit the time allowed to individual speakers, or reschedule remaining comments to the end of the meeting on a first come first heard basis, with priority given to students. In most cases, State law will prohibit the Council from discussing or making any decisions with respect to a matter not listed on the agenda. A councilmember may, however, briefly respond to statements made or questions posed by speakers. A councilmember may also ask a question for clarification, provide a reference for factual information, request staff to report back concerning a matter, or request that an item be added to a future City Council agenda in response to public comment.

CONSENT CALENDAR (Items 2-10)
Items appearing on the Consent Calendar are considered routine City business and may be approved by one motion. Typical items may include meeting minutes, awards of contracts, the ratification of accounts payable, and second readings of ordinances. Any member of the Council may request to have an item removed from the Consent Calendar based on the rules set forth in the City Council Procedures Manual. Members of the public may provide input on one or more consent calendar items when the Mayor asks for public comments on the Consent Calendar.

2. Subject: Consider approval of the February 3 City Council minutes and receive consultant workshop report

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Recommended Action: Approve the February 3 City Council minutes and receive the consultant workshop report (Exhibit A)
A - Draft Minutes (and Exhibit A Consultant Report)

3. Subject: Consider approval of the February 21 City Council minutes Recommended Action: Approve the February 21 City Council minutes A - Draft Minutes

4. Subject: Consider amending the Cupertino Municipal Code to repeal Chapters 2.84 (Environmental Review Committee), 2.90 (Design Review Committee), and 2.96 (Economic Development Committee); to adopt Chapter 17.02 (California Environmental Quality Act), regarding local environmental review procedures; and to amend Chapters 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and 19.124, regarding the duties of the Planning Commission, Audit Committee, and Local Assessment Committee
Recommended Action: Adopt Ordinance No. 23-2247 repealing Municipal Code Chapters 2.84, 2.90, and 2.96, adopting Municipal Code Chapter 17.02, and amending Municipal Code Chapters 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, and 19.124, the title of which is as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO REPEAL MUNICIPAL CODE CHAPTERS 2.84, 2.90, AND 2.96; TO ADOPT MUNICIPAL CODE CHAPTER 17.02; AND TO AMEND MUNICIPAL CODE CHAPTERS 2.32, 2.88, 9.20, 19.08, 19.12, 19.28, 19.104, AND 19.124, REGARDING CITY

COMMISSIONS AND COMMITTEES
Staff Report
A - Draft Ordinance (Commissions and Committees) Redlined B - Draft Ordinance (Commissions and Committees) Clean

5. Subject: Consider ratifying Accounts Payable for the periods ending January 6, 2023; January 13, 2023; January 20, 2023; January 27, 2023; and February 3, 2023 Recommended Action: A. Adopt Resolution No. 23-029 ratifying Accounts Payable for the Period ending January 6, 2023;
B. Adopt Resolution No. 23-030 ratifying Accounts Payable for the Period ending January 13, 2023;
C. Adopt Resolution No. 23-031 ratifying Accounts Payable for the Period ending January 20, 2023;
D. Adopt Resolution No. 23-032 ratifying Accounts Payable for the Period ending January 27, 2023; and
E. Adopt Resolution No. 23-033 ratifying Accounts Payable for the Period ending February 3, 2023

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AP Staff Report
A – Draft Resolution 1.6.23
B – Weekly AP Payment Register for the Period Ending 1.6.23 C – Draft Resolution 1.13.23
D – Weekly AP Payment Register for the Period Ending 1.13.23 E – Draft Resolution 1.20.23
F – Weekly AP Payment Register for the Period Ending 1.20.23 G – Draft Resolution 1.27.23
H – Weekly AP Payment Register for the Period Ending 1.27.23 I – Draft Resolution 2.3.23
J – Weekly AP Payment Register for the Period Ending 2.3.23

6. Subject: Consider authorizing the City Manager to execute a services agreement with Azteca Systems, LLC., for Cityworks, Cupertino's Asset Management System subscription service, for $217,502.63, plus a contingency of $21,750.26 for a total cost of $239,252.89 over three years
Recommended Action: 1. Authorize the City Manager to execute a services agreement with Azteca Systems, LLC., for Cityworks, Cupertino's Asset Management System subscription service, for $217,502.63, plus a contingency of $21,750.26 for a total cost of $239,252.89 over three years

2. Find under Municipal Code section 3.22.060(B) that the formal competitive bidding procedures are impractical for procurement
Staff Report
A - Cityworks 2022 Order Form and Terms and Conditions
B - Sole Source Letter
C - Insurance Requirements
D - Proof of Insurance

7. Subject: Consider adopting a resolution authorizing the City Manager to take all necessary steps to accept $5,000,000 in specified grant funds from the Budget Act of 2022-2023 for the McClellan Road Bridge Reconstruction Project Recommended Action: Adopt Resolution No. 23-034 (Attachment A) authorizing the City Manager to execute a Funds Transfer Agreement and any amendments thereto and take all necessary steps to accept $5,000,000 in specified grant funds from the Budget Act of 2022-2023 for the McClellan Road Reconstruction Project Staff Report
A - Draft Resolution

8. Subject: Consider amending the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) Memorandum of Agreement (MOA) to extend the term through one fiscal year beyond the date of termination of the current Municipal Regional Stormwater Permit (MRP). The current five-year permit term would end June 30, 2027, so the MOA term would end on June 30, 2028, unless the MRP is extended. There are no other amendments proposed at this time.

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Recommended Action: Authorize the City Manager to execute the fourth amendment (Attachment A) to an agreement providing for implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Attachment B), a multi-jurisdictional agreement between Santa Clara County, the Santa Clara Valley Water District, and thirteen Santa Clara County municipalities.

Staff Report
A - 4TH SCVURPPP MOA Amendment
B - SCVURPPP MOA Original

9. Subject: Consider a four-year contract with Nomad Transit LLC (Via) for the Transit & Intercity Rail Capital Program (TIRCP) funded Via expansion into the City of Santa Clara, with two sites in Mountain View, deployment of an electric vehicle (EV) fleet, construction of necessary charging stations, and a resolution authorizing execution of a Master Agreement with Caltrans, which is a funding pre-requiste of the TIRCP grant program.

Recommended Action: 1. Approve a four-year contract with Nomad Transit, LLC (Attachment A);

2. Adopt Resolution No. 23-035 (Attachment B) authorizing the City Manager to execute the Caltrans Master Agreement; and

3. Adopt Resolution No. 23-036 (Attachment C) approving a budget modification, increasing appropriations in the General Fund, Transportation, Via Shuttle program budget by $3,594,928 for the planning, launch, and operation of the Via-Cupertino/Santa Clara expansion with two sites in Mountain View, including design, construction, and contingency funds for installation of EV charging equipment to support the program.

Staff Report
A - Agreement with Nomad Transit, LLC (Via)
B - Draft Resolution - CalTrans
C - Draft Resolution - Budget
D - 09-20-22 Council Staff Report
E - Via Letter on 4 Year Approach
F - 4 Year TIRCP Revised Budget

10. Subject: Consider a contract with Placeworks for the remainder of Housing Element Recommended Action: Adopt Resolution No. 23-037 to complete the Sixth-Cycle General Plan Housing Element Update, authorizing the City Manager to execute a consultant agreement with Placeworks, and approving Budget Modification #2223-263 for the Sixth-Cycle General Plan Housing Element Update for the Fiscal Year 2022-23 Staff Report
A - Draft Resolution
B - Scopes of Work and Fee Estimates
C - Service Agreement

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City Council Agenda March 7, 2023
PUBLIC HEARINGS - None
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to [email protected]. Plans will also be made available digitally during the hearing to consider the proposal.

11. Subject: Removal of Planning Commissioner R Wang
Recommended Action: Consider the removal of Planning Commissioner R Wang Staff Report

12. Subject: Consider the Fiscal Year (FY) 2023-24 five-year plan for Capital Improvement Program (CIP).

Recommended Action: Receive presentation and provide input on the proposed FY 2023-24 five-year plan for the CIP.

Presenter: Susan Michael, Capital Improvement Program Manager Staff Report
A – FY 2023 -2024 CIP 5-year Schedule
B – FY 2023 -2024 CIP Project Narratives
C – FY 2023 -2024 CIP Project Rankings
D - Master Plans Project Lists

COUNCIL REPORTS AND COMMENTS

CITY MANAGER REPORT

ORAL COMMUNICATIONS - CONTINUED

INFORMATIONAL ITEMS
Information items are intended to provide background information and routine reports to Councilmembers and the public, without discussion by Council. Members of the public wishing to comment on informational items should do so during oral communications.

13. Subject: Consider the Monthly Treasurer's Report for January 2023 Recommended Action: Receive the Monthly Treasurer's Report for January 2023 Staff Report
A – Report of City-wide Receipts, Disbursements, and Cash Balances January 2023 B – Report of City-wide Fund BalancesNet Position January 2023

14. Subject: Consider the Monthly Treasurer's Investment Report for January 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for January 2023

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Staff Report
A – Chandler Investment Report January 2023
B – Chandler Custodial Statement January 2023
C – PARS Pension and OPEB Account Statement January 2023 D – LAIF Account Statement January 2023

15. Subject: Response to Councilmember questions regarding Cupertino Chamber of Commerce
Recommended Action: Receive informational memorandum responding to questions regarding Cupertino Chamber of Commerce
A - Memorandum

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
Lobbyist Registration and Reporting Requirements: Individuals who influence or attempt to influence legislative or administrative action may be required by the City of Cupertino’s lobbying ordinance (Cupertino Municipal Code Chapter 2.100) to register and report lobbying activity. Persons whose communications regarding any legislative or administrative are solely limited to appearing at or submitting testimony for any public meeting held by the City are not required to register as lobbyists.

For more information about the lobbying ordinance, please contact the City Clerk’s Office at 10300 Torre Avenue, Cupertino, CA 94107; telephone (408) 777-3223; email [email protected]; and website: www.cupertino.org/lobbyist.

The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law.

Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/cityclerk for a reconsideration petition form.

In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format.

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Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in Council packet archives linked from the agenda/minutes page on the Cupertino web site.

IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section

2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website.

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CITY OF CUPERTINO
Agenda Item
23-12103 Agenda Date: 3/7/2023
Agenda #: 1.

Subject: Consideration of a resolution amending the established City Council meeting calendar through January 2, 2024
Adopt Resolution 23-027 amending the established City Council meeting calendar through January 2, 2024
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CITY COUNCIL STAFF REPORT
Meeting: March 7, 2023
Subject
Consideration of a resolution amending the established City Council meeting calendar through January 2, 2024
Recommended Action
Adopt Resolution 23-___ amending the established City Council meeting calendar through January 2, 2024
Reasons for Recommendation
Cupertino Municipal Code Section 2.04.010 sets regular City Council meetings on the first and third Tuesdays of each month at 6:45 p.m. The City Council may cancel a regular meeting by a vote of a majority of the Council. Special meetings that are held outside of the regular meeting day and time may be called at any time by the Mayor or by three Councilmembers (CMC Section

2.04.020).

On January 17, Council adopted Resolution No. 23-013 establishing the City Council meeting calendar through January 2, 2024. The meeting calendar has been amended because of potential meeting conflicts occurring in April, June, July, and September. The draft resolution (Attachment A) amends the established City Council meeting dates for the calendar year 2023. The amended meeting calendar follows the regular first and third Tuesday meeting schedule except for meetings that have been moved due to a holiday or a scheduling conflict.

The Cupertino-Hsinchu Sister City Association (CHSCA) has scheduled its annual Student Delegate trip to Hsinchu City, Taiwan on April 16-22, 2023. The group sponsors are also coordinating a visit to Taipei Friendship City in Taiwan. The delegation visits will be led by Mayor Hung Wei and accompanied by City Manager Pamela Wu. These dates conflict with the Tuesday, April 18, 2023 regular City Council meeting. Council may wish to consider an alternate meeting date when the Mayor and City Manager are available to consider matters of City business. If the regular meeting on April 18 is cancelled, a special meeting may be called in its place. Community Hall Council Chamber is available for use on Thursday, April 13, 2023.

Community Hall is already reserved for City events on Tuesday and Wednesday, April 11-12, 2023.
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2 The City Council agenda publication process includes supplemental staff responses to Councilmember questions on agenda items. The process begins after the agenda has been published and is completed one day before the Council meeting. These items are also posted to the City website for the public. The supplemental process will be delayed on those Council meeting dates that occur immediately after a holiday closure. The documents would be posted on the day of the meeting instead of one day earlier. For those dates, staff will publish the agenda one day earlier to provide more time for Councilmembers to review the agenda packet and submit questions. Council may consider scheduling those Council meetings one day later, to allow additional time for Council and adequate time for staff to prepare responses to the questions. The meetings that are impacted by holidays are June 20, July 5, and September 5.

It is recommended that City Council adopt Resolution 23-___ amending the established City Council meeting calendar through January 2, 2024. If Council wishes to authorize the changes, staff will provide meeting notifications to the public in advance. The proposed resolution does not limit the ability of Council to schedule additional meetings as authorized by the Municipal Code and in compliance with the Brown Act.

AMENDED 2023 COUNCIL MEETING CALENDAR
Meeting Date Open
Session
Start Time
Tuesday, February 7, 2023 6:45 PM
Tuesday, February 21, 2023 6:45 PM
Tuesday, March 7, 2023 6:45 PM
Tuesday, March 21, 2023 6:45 PM
Tuesday, April 4, 2023 6:45 PM
TuesdayThursday, April
1813, 2023
6:45 PM Moved due to Sister City
Delegation Visit
Tuesday, May 2, 2023 6:45 PM
Tuesday, May 16, 2023 6:45 PM
Tuesday, June 6, 2023 6:45 PM
TuesdayWednesday, June
2021, 2023
6:45 PM Moved due to Juneteenth
Holiday
WednesdayThursday, July 56,
2023
6:45 PM Moved due to July 4 Holiday
Tuesday, July 18, 2023 6:45 PM
Tuesday, August 1, 2023 6:45 PM Cancelled
Tuesday, August 15, 2023 6:45 PM Cancelled
TuesdayWednesday,
September 56, 2023
6:45 PM Moved due to Labor Day
Holiday
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3 Tuesday, September 19, 2023 6:45 PM
Tuesday, October 3, 2023 6:45 PM
Tuesday, October 17, 2023 6:45 PM
Tuesday, November 7, 2023 6:45 PM
Tuesday, November 21, 2023 6:45 PM
Tuesday, December 5, 2023 6:45 PM
Tuesday, December 19, 2023 6:45 PM
Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Draft Resolution
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RESOLUTION NO. 23-

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AMENDING THE ESTABLISHED CITY COUNCIL MEETING SCHEDULE
FOR THE CALENDAR YEAR OF 2023
WHEREAS, on January 17, 2023 the City Council adopted Resolution No 23-013 setting an annual City Council meeting calendar to establish dates and times assisting City Council and staff with advance planning and scheduling of City business; and
WHEREAS, pursuant to Cupertino Municipal Code Section 2.04.010, the calendar was established, notwithstanding the scheduling of additional regular meetings and the addition of special meetings and study sessions pursuant to the Brown Act; and
WHEREAS, pursuant to Cupertino Municipal Code Section 2.04.020, the City Council sets aside a time period for closed sessions before the open session portion of each regular meeting; and
WHEREAS, the City Council set a recess beginning the first Tuesday in August and ending the Tuesday following the week of Labor Day; and WHEREAS, the City Council established 6:45 p.m. as the regular meeting time for each regular meeting, except when Council is in recess. Closed sessions may be held at 6:00 p.m. No closed session of the regular meeting will be held at that time unless the posted agenda of the regular meeting indicates that such closed session will take place; and
WHEREAS, the regular Council meeting scheduled for January 2, 2024 was cancelled. Council will consider a meeting schedule for 2024 at its January 16, 2024 meeting; and
WHEREAS, the City Council wishes to amend the meeting calendar to cancel meetings on April 18, 2023, June 20, 2023, July 5, 2023, and September 5, 2023 and call special meetings on April 13, 2023, June 21, 2023, July 6, 2023, September 6, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby establish and order as follows.
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Resolution No. 23-

SECTION 1. The City Council establishes the following amended meeting schedule for the calendar year of 2023.

AMENDED 2023 COUNCIL MEETING CALENDAR
Meeting Date Open
Session
Start Time
Tuesday, February 7, 2023 6:45 PM
Tuesday, February 21, 2023 6:45 PM
Tuesday, March 7, 2023 6:45 PM
Tuesday, March 21, 2023 6:45 PM
Tuesday, April 4, 2023 6:45 PM
Thursday, April 13, 2023 6:45 PM Moved due to Sister City Delegation Visit
Tuesday, May 2, 2023 6:45 PM
Tuesday, May 16, 2023 6:45 PM
Tuesday, June 6, 2023 6:45 PM
Wednesday, June 21, 2023 6:45 PM Moved due to Juneteenth Holiday
Thursday, July 6, 2023 6:45 PM Moved due to July 4
Holiday
Tuesday, July 18, 2023 6:45 PM
Tuesday, August 1, 2023 6:45 PM Cancelled
Tuesday, August 15, 2023 6:45 PM Cancelled
Wednesday, September 6,
2023
6:45 PM Moved due to Labor Day
Holiday
Tuesday, September 19,
2023
6:45 PM
Tuesday, October 3, 2023 6:45 PM
Tuesday, October 17, 2023 6:45 PM
Tuesday, November 7,
2023
6:45 PM
Tuesday, November 21,
2023
6:45 PM
Tuesday, December 5, 2023 6:45 PM
Tuesday, December 19,
2023
6:45 PM
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Resolution No. 23-

SECTION 2. With proper notice during the year, meetings may be cancelled or added as necessary pursuant to the Brown Act.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of March, 2023, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
22-11764 Agenda Date: 3/7/2023
Agenda #: 2.

Subject: Consider the Mid-Year Financial Report for Fiscal Year 2022-23, amending the Unrepresented Employees’ Compensation Program, and approving a new job classification

1. Receive the City Manager’s Mid-Year Financial Report for Fiscal Year 2022-23;

2. Adopt Resolution No. 23-028 amending the Unrepresented Employees’ Compensation Program and Classification Plan; and

3. Approve a new Special Project Executive job classification and separate the Assistant Director of Community Development and Building Official job classifications.

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CITY COUNCIL STAFF REPORT
Meeting: March 7, 2023
Subject
Consider the Mid-Year Financial Report for Fiscal Year 2022-23, amending the Unrepresented Employees’ Compensation Program, and approving a new job classification
Recommended Action

1. Receive the City Manager’s Mid-Year Financial Report for Fiscal Year 2022-23;

2. Adopt Resolution No. 23-XXX amending the Unrepresented Employees’ Compensation Program and Classification Plan; and

3. Approve a new Special Project Executive job classification and separate the Assistant Director of Community Development and Building Official job classifications.

Reasons for Recommendation
Background
On June 9, 2022, the City Council adopted the Fiscal Year (FY) 2022-23 Budget, a $130,587,325 spending plan funded by $130,244,157 in revenue and $343,168 in fund balance. The FY 2022-23 Adopted Budget reflected a $5.1 million increase from the FY 2022-23 Proposed Budget, mainly due to operating changes, the City Work Program, and the Capital Improvement Program.

As described in the City Manager’s First Quarter Financial Report presented to the City Council on November 15, 2022, the budget was revised to account for encumbrances and carryover appropriations.
1 As part of the FY 2021-22 year-end close, additional funds were carried forward from FY 2021-22 to FY 2022-23 due to encumbrances of $13,280,075

1 Encumbrances are outstanding commitments related to unfilled purchase orders or unfilled contracts that are rolled over to the following fiscal year until those obligations are fulfilled or terminated. Carryover appropriations are unencumbered funds for unfinished projects carried over to the following fiscal year to be spent for the same purpose for which they were approved.
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2 and carryover appropriations of $65,916,968. The largest encumbrances were for capital projects ($7.4 million) and The Rise (formerly known as Vallco Town Center) ($2.3 million), while the largest carryovers were for capital projects ($34.3 million) and The Rise ($19.7 million).

The City Council approved $5.1 million in additional appropriations during the first two quarters of FY 2022-23. This includes $2.4 million for negotiated amendments to the City's employee compensation programs and $1.8 million for first quarter budget adjustments. Among the first quarter budget adjustments, $669,000 was allocated for vehicle and equipment replacement.

As a result of these budget adjustments, encumbrances, and carryovers, the amended budget as of December 31, 2022, totaled $214,901,056. The budget adjustments are summarized in the table below.

Mid-Year Financial Report Summary of Budget Adjustments by Fund Fund
FY 2022-23
Adopted Budget Carryovers Encumbrances
Adjustments
Approved in 1st
and 2nd Quarters
FY 2022-23 Amended
Budget as of
December 31, 2022
General 95,167,779 23,785,988 5,041,683 3,223,350 127,218,800 Special Revenue 11,244,109 18,140,319 3,965,049 180,458 33,529,935 Debt Service 2,675,800 - - - 2,675,800
Capital Projects 3,633,600 22,285,752 3,688,943 650,000 30,258,295 Enterprise 9,003,331 1,154,594 118,032 140,426 10,416,383 Internal Service 8,862,706 550,315 466,368 922,454 10,801,843 Total All Funds $ 130,587,325 $ 65,916,968 $ 13,280,075 $ 5,116,688 $ 214,901,056 For detailed descriptions of the budget adjustments, please refer to Attachment C.

Discussion
The Mid-Year Financial Report, reported as of December 31, 2022, is a critical tool for the City to evaluate its current revenue outlook and make necessary adjustments to the budget in response to changing spending priorities. It provides an overview of the City's budget status, including its revenue outlook, expenditure patterns, and other key financial metrics. Additionally, the report helps the City ensure that it stays on track toward achieving its goals and objectives by providing valuable insights into the City's financial performance. By using this information to make informed decisions and take appropriate actions, the City can maintain its fiscal sustainability.

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3 Fund
FY 2022-23 Amended
Budget as of
December 31, 2022
Requested Mid-Year
Adjustments Year-End Projections
General 127,218,800 - 127,218,800
Special Revenue 33,529,935 - 33,529,935
Debt Service 2,675,800 - 2,675,800
Capital Projects 30,258,295 - 30,258,295
Enterprise 10,416,383 - 10,416,383
Internal Service 10,801,843 - 10,801,843
Total All Funds $ 214,901,056 $ - $ 214,901,056
While no budget adjustments are being requested at FY 2022-23 mid-year, the City will continue to closely monitor revenue and expenditure trends in the coming months. This ongoing analysis is critical to ensuring that the City's budget remains responsive to the needs of its constituents and is aligned with the City's goals and objectives. By proactively managing its budget, the City can remain fiscally responsible and provide essential services and programs to its community.

General Fund
4-Year Comparison of Revenues, Expenditures, and Changes to Fund Balance ($ in millions)
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4 The General Fund's historical financial data indicates that amended expenditures have often exceeded amended revenues, leading to a decrease in fund balance. This decrease in fund balance is not due to a structural deficit; rather, the City transferred excess fund balance from the General Fund to the Capital Reserve as part of its Fund Balance Policy.

The City's encumbrance and budget carryover process has resulted in increases to fund balance at the end of most fiscal years.

By continuing to monitor and manage its financial resources effectively, the City can ensure that it maintains a healthy fund balance in the General Fund.

Revenue
General Fund revenue is tracking at $13.4 million, or 23%, lower than the same time last year due to changes in the City’s revenue sources as shown in the following table.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Revenues General Fund
Mid-Year Mid-Year
2022 2023
05 - Sales tax 25,058,489 18,112,541 (6,945,948) -28%
10 - Property tax 8,331,800 8,810,200 478,400 6%
15 - Transient occupancy 1,336,855 2,818,190 1,481,335 111% 20 - Utility tax 1,276,177 1,633,462 357,286 28%
25 - Franchise fees 684,498 758,501 74,002 11%
30 - Other taxes 1,056,602 604,611 (451,991) -43%
35 - Licenses and permits 2,188,177 2,151,138 (37,039) -2% 40 - Use of money and property 925,576 1,147,839 222,263 24% 45 - Intergovernmental revenue 3,433,481 1,183,361 (2,250,120) -66% 50 - Charges for services 6,905,845 5,317,399 (1,588,446) -23% 55 - Fines and forfeitures 105,865 116,311 10,446 10%
60 - Miscellaneous 986,591 1,112,371 125,779 13%
65 - Transfers in 4,862,387 61,140 (4,801,247) -99%
70 - Other financing sources 52,224 - (52,224) -100%
Grand Total $ 57,204,568 $ 43,827,063 $ (13,377,505) -23% Revenue Category Variance ($) Variance (%)
Sales Tax revenue as of mid-year was $18.1 million, which is a 28% decrease from the previous year. This decline was primarily due to the timing of payments from the California Department of Tax and Fee Administration (CDTFA), which are received two months in arrears. To provide some context, sales tax revenues for FY 2021-22 correspond to July to December 2021, while for FY 2022-23, they correspond to July to November 2022.

During the start of FY 2021-22, new taxes from marketplace facilitators and increased online sales due to pandemic-related lockdowns resulted in a larger county pool allocation. As the economy began to recover, sales tax revenues from consumer goods, restaurants and hotels, and fuel and service stations rose for the remainder of the fiscal year.
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5 However, the first half of FY 2022-23 indicates lower sales tax revenues than during the pandemic period, and staff anticipates a continued downward trend. According to a recent Sales Tax Update for July to September 2022 by HdL, the City's sales tax consultant, the casual dining sector contributed to double-digit increases in restaurant revenues compared to the same period last year. Despite increased menu prices, residents and visitors continued to enjoy dining out. The cost of crude oil remained high, and with more drivers on the road, service station receipts increased by 39%. Revenues also remained high in the autos-transportation group. However, these increases only slightly mitigated the declines in the City's business-to-business industry group as online sales fell from recent historic highs. As a result, the City's share of the countywide use tax pool also decreased, contributing to the reduction in sales tax for the period.

Looking ahead, it is expected that the City's restaurants and hotels, fuel and service stations, and automotive industry groups will continue to experience growth, albeit only slightly mitigating the anticipated declines in the City's business-to-business and County pool share allocation as online sales fall from recent historic highs. Furthermore, the future growth rate for sales tax revenue is expected to slow due to factors such as rising inflation, high mortgage rates, and the Federal Reserve's tightening monetary policy.

These factors are expected to weaken consumer sentiment and slower growth into 2023.

Property Tax revenue increased by $478,400, or 6%, compared to last year. In FY 2022-23, the City’s property tax roll grew $2.08 billion, or 7.2%. This growth was $1.09 billion more than in FY 2021-22 when the property tax roll grew by $986 million, or 3.5%.

Residential use values increased $1.26 billion, or 7.2%, representing 60% of all growth experienced in the City. Commercial properties increased by $1.07 billion, or 13.1%, due to the addition of assets by Campus Holdings at the Apple site. Industrial use grew $280 million, or 24.7%, due to Apple parcel growth, some of which showed the transfer of assets from the unsecured to the secured roll.2 Unsecured assets decreased by $655 million, or 38%.

The growth in home sales was strong in 2021, leading to an increase in median sale prices reflected in the 2022-23 tax rolls. Although many cities saw median price increases, new concerns over rising interest rates and inflation are leading to a decrease in home sales. The median sale price for Cupertino detached single-family homes in January through August 2022 was $2,975,000, an increase of $165,000 or 5.9% from the same period in 2021. The annual consumer price index (CPI) applied per Proposition 13 was 2% this year after a 1.036% increase in the prior year.

2 Secured property generally includes buildings and land, whereas unsecured property generally includes properties that are portable, such as boats, aircraft, business equipment, and other possessory interests.
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6 The City’s property tax base remains strong and HdL, the City’s property tax consultant, is currently projecting property taxes over the next five years as shown in the table below.

FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
31,223,141 32,324,317 33,606,651 35,024,886 36,531,087
Transient Occupancy Tax (TOT) revenue increased by $1.5 million, or 111%, compared to the previous year due to increased travel, but it is still significantly lower than prepandemic levels. This significant increase is due to the relaxation of pandemic-based travel restrictions that previously reduced travel. With increased travel and employees returning to work onsite, the City's TOT revenues have been directly and significantly affected. The average daily rates and occupancy rates for hotels are now closer to prepandemic levels, as shown in the table below.

Average Daily Rates and Occupancy Rates by Month
Hotels in Cupertino
Although staff anticipates a recovery in FY 2023-24, the City's TOT revenues may continue to be affected in the long term due to telework policies. Staff will continue to monitor economic regulations and other factors and report back on their impact on TOT revenues as part of the quarterly financial reports.
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7 Utility Tax increased by approximately $357,000, or 28%, over the previous mid-year period due to the timing of Utility User Tax (UUT) payments recorded.

Franchise Fees increased by approximately $74,000, or 11%, primarily due to increased Recology franchise fees collected.

Other Taxes decreased by approximately $452,000, or 43% primarily due to decreased property transfer taxes.

Licenses and Permits decreased by approximately $37,000, or 2%, which is a nominal change.

Use of Money and Property increased by approximately $222,000, or 24%, due to increased interest earnings from the City’s investment portfolio.

Intergovernmental Revenue decreased by $2.3 million, or 66%, over the same period last year due to American Rescue Plan Act (ARPA) revenue recognized in FY 2021-22.

Charges for Services decreased by $1.6 million, or 23%, driven mainly by decreases in cost allocation charges and general service fees.

Fines and Forfeitures increased by $10,400, or 10%, primarily due to increased citations administered over the prior year.

Miscellaneous Revenue increased by approximately $126,000, or 13%, primarily due to two factors: an increase in an Apple donation agreement for sheriff services and community amenity payments for the Cupertino Village and De Anza Hotel.

Transfers In decreased by $4.8 million, or 99%, due to the one-time transfer of funds to General Fund departments as part of the American Rescue Plan Act funding strategy in FY 2021-22.

Other Financing Sources remain budgeted at zero dollars due to the timing of refundable deposit revenues received.

Expenditures
Overall expenditures in the General Fund are down $428,000, or 1%, when compared to the same time last year. The following table shows the differences between General Fund expenditures as of the mid-year in the current fiscal year and the prior fiscal year:
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8 Comparison of FY 2021-22 and FY 2022-23 Mid-Year Expenditures General Fund
Mid-Year Mid-Year
2022 2023
05 - Employee compensation 10,018,381 11,688,616 1,670,234 17% 10 - Employee benefits 4,701,573 5,368,895 667,321 14%
15 - Materials 1,822,909 2,487,430 664,521 36%
20 - Contract services 10,593,497 11,896,017 1,302,520 12% 25 - Cost allocation 5,974,031 5,192,981 (781,051) -13% 30 - Capital outlays 32,700 7,750 (24,950) -76%
31 - Special projects 953,489 1,289,725 336,236 35%
35 - Contingencies 2,440 277 (2,163) -89%
45 - Transfer out 16,099,371 11,996,300 (4,103,071) -25% 50 - Other financing uses 336,005 178,047 (157,958) -47% Grand Total $ 50,534,396 $ 50,106,038 $ (428,359) -1%
Expenditure Category Variance ($) Variance (%)
Salary and Benefits have increased by approximately $2.3 million, or 16%. This increase in compensation is primarily due to negotiated cost-of-living adjustments approved by the City Council on August 16, 2022. In addition, the FY 2022-23 Adopted Budget included 14 new full-time benefitted positions (FTE), offset by vacancy savings through attrition.

Benefit increases were primarily driven by retirement and workers’ compensation costs.

Materials costs have increased by approximately $667,000, or 36%, primarily due to increases in Public Works materials costs, particularly water and electricity costs.

Contract Services have increased by approximately $1.3 million, or 12%, primarily driven by the rise in the City’s law enforcement contract with the Santa Clara County Sheriff’s Office.

Cost Allocation decreased by approximately $781,000, or 13%, primarily due to decreased Innovation & Technology and Human Resources Cost Allocation Plan (CAP) charges. 3 Capital Outlay costs decreased by approximately $25,000, or 76% mainly due to decreased capitalizable facilities costs.

Special Projects increased by approximately $336,000, or 35%, due to fluctuations in onetime expenditures.

3 The cost allocation plan (CAP) allocates indirect and overhead costs to the departments that benefit from them. Costs incurred by central service providers (e.g., City Manager's Office, City Attorney's Office, Finance, Human Resources, Facilities, etc.) are charged to the departments that benefit from the services (e.g., Parks & Recreation). The purpose of the CAP is to help the City to determine the true cost of providing services. 26 CC 03-07-2023
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9 Contingencies were higher last year due to the purchase of a sound meter for code enforcement.

Transfers Out decreased by approximately $4.1 million, or 25%, due to the one-time transfer of funds to General Fund departments as part of the American Rescue Plan Act funding strategy in FY 2021-22.

Other Financing Uses decreased by approximately $158,000, or 47%, due to refundable deposit on-call contracts for the Community Development Department.

Special Revenue Funds
Revenue
Special Revenue Funds revenue is tracking at $16.1 million, or 73%, lower than the same time last year primarily due to a one-time park dedication fee in FY 2021-22 and decreased transfers from the General Fund.

Comparison of FY 2021-22 and FY 2022-23
Special Revenue Funds Mid-Year Revenues
Mid-Year Mid-Year
2022 2023
30 - Other taxes 9,367,692 740,204 (8,627,488) -92%
40 - Use of money and property 274,002 286,041 12,039 4% 45 - Intergovernmental revenue 1,619,102 1,738,682 119,580 7% 50 - Charges for services 339,937 118,121 (221,816) -65% 55 - Fines and forfeitures 34,133 - (34,133) -100%
60 - Miscellaneous 2,167 1,429 (738) -34%
65 - Transfers in 10,322,824 3,025,000 (7,297,824) -71% Grand Total $ 21,959,856 $ 5,909,476 $ (16,050,380) -73% Revenue Category Variance ($) Variance (%)
Other Taxes decreased by approximately $8.6 million, or 92%, due to decreased park dedication fees. In FY 2021-22, the City received a one-time park dedication fee due to a development agreement for Westport, which contributed to the Other Taxes revenue that year.

Use of Money and Property increased by approximately $12,000, or 4%, due to increased interest earnings from the City’s investment portfolio.

Intergovernmental Revenue increased by approximately $120,000, or 7%, due to a Highway Safety Improvement Program (HSIP) grant for the Homestead Road/De Anza Traffic Signal Modification project.

Charges for services decreased by approximately $222,000, or 65%, primarily due to decreased engineering fees. In FY 2021-22, the City received a one-time traffic impact fee due to a development agreement for Westport, which contributed to the Charges for Services revenue that year.
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10 Fines and forfeitures were higher last year due to revenues that were incorrectly recorded in the Environmental Management Clean Creek Storm Drain Fund and reclassified to the General Fund later in FY 2021-22.

Transfers In decreased by approximately $7.3 million, or 71%, due to decreased transfers to the Transportation Fund and capital projects.

Interfund transfers are the movement of cash between one or more funds. As part of the Adopted Budget process, transfers from the General Fund to other City funds serve as operating subsidies to ensure that each fund has a positive fund balance at the end of the fiscal year. Additionally, when Capital Improvement Program (CIP) projects are authorized by City Council, a transfer from the Capital Reserve to the appropriate fund is necessary to record the costs and activities of the project. For more information on the City’s operating and capital transfers, refer to pages 115-118, and 578 of the FY 2022-23 Adopted Budget.

Expenditures
Special Revenue Funds expenditures are tracking at $3.2 million, or 59%, higher than the same time last year due primarily to increases in capital outlays.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Expenditures Special Revenue Funds
Mid-Year Mid-Year
2022 2023
05 - Employee compensation 854,883 993,200 138,316 16%
10 - Employee benefits 429,852 467,876 38,024 9%
15 - Materials 281,470 288,344 6,874 2%
20 - Contract services 199,265 456,400 257,136 129%
25 - Cost allocation 662,973 595,784 (67,189) -10%
30 - Capital outlays 1,556,259 3,639,886 2,083,627 134% 31 - Special projects 1,057,657 1,617,220 559,563 53%
45 - Transfer out 381,000 561,140 180,140 47%
Grand Total $ 5,423,359 $ 8,619,849 $ 3,196,490 59%
Expenditure Category Variance ($) Variance (%)
Salary and Benefits increased by approximately $0.2 million, or 14%, primarily due to negotiated cost-of-living adjustments approved by the City Council on August 16, 2022.

Materials costs are relatively consistent with the previous fiscal year.

Contract Services increased by approximately $0.3 million, or 129%, primarily due to a street pavement maintenance project.

Cost Allocation decreased by approximately $67,000, or 10%, primarily due to decreased Innovation & Technology and City Council CAP charges.
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11 Capital Outlays increased by approximately $2.1 million, or 134%, due to the Orange Avenue Sidewalk Improvements and Memorial Park Pond Repurposing projects.

Special Projects increased by approximately $0.6 million, or 53%, due to the timing of the annual asphalt project. The annual asphalt project is a maintenance project carried out every year. It is budgeted in a special project account for the purpose of effective tracking and management.

Transfers Out increased by $0.2 million, or 47%, primarily due to a transfer from the Park Dedication Fund to the Capital Improvement Fund for the Memorial Park Specific Plan.

Debt Service Funds
Revenue
Debt Service Funds revenue is similar to last year.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Revenues Debt Service Funds
Mid-Year Mid-Year
2022 2023
65 - Transfers in 2,621,000 2,675,800 54,800 2%
Grand Total $ 2,621,000 $ 2,675,800 $ 54,800 2%
Revenue Category Variance ($) Variance (%)
Expenditures
Debt Service Funds expenditures are similar to last year.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Expenditures Debt Service Funds
Mid-Year Mid-Year
2022 2023
20 - Contract services 1,500 1,500 - 0%
40 - Debt services 398,000 360,400 (37,600) -9%
Grand Total $ 399,500 $ 361,900 $ (37,600) -9%
Expenditure Category Variance ($) Variance (%)
Capital Projects Funds
Revenue
Capital Projects Funds revenue is lower than last year due to fewer transfers to fund capital projects.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Revenues Capital Projects Funds
Mid-Year Mid-Year
2022 2023
45 - Intergovernmental revenue 70,111 - (70,111) -100%
60 - Miscellaneous - 56,522 56,522 N/A
65 - Transfers in 7,557,048 3,000,000 (4,557,048) -60%
Grand Total $ 7,627,159 $ 3,056,522 $ (4,570,637) -60%
Revenue Category Variance ($) Variance (%)
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12 Expenditures
Capital Projects Funds expenditures are lower than last year due to fewer transfers to fund capital projects and reduced expenditures for capital projects.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Expenditures Capital Projects Funds
Mid-Year Mid-Year
2022 2023
05 - Employee compensation - 3,250 3,250 N/A
10 - Employee benefits - 1,498 1,498 N/A
20 - Contract services 17,500 144,788 127,288 727%
30 - Capital outlays 3,388,292 1,769,880 (1,618,412) -48% 45 - Transfer out 11,422,048 23,600 (11,398,448) -100%
Grand Total $ 14,827,840 $ 1,943,016 $ (12,884,824) -87% Expenditure Category Variance ($) Variance (%)
Enterprise Funds
Revenue
Enterprise Funds revenue is tracking at $0.3 million, or 7%, higher than the same time last year due primarily to increased charges for services.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Revenues Enterprise Funds
Mid-Year Mid-Year
2022 2023
40 - Use of money and property 324,024 353,890 29,866 9% 45 - Intergovernmental revenue - 83,693 83,693 N/A
50 - Charges for services 2,506,676 3,151,136 644,460 26% 60 - Miscellaneous - - - N/A
65 - Transfers in 886,801 399,600 (487,201) -55%
Grand Total $ 3,717,501 $ 3,988,319 $ 270,818 7%
Revenue Category Variance ($) Variance (%)
Use of Money and Property increased by $30,000, or 9%, due to increased interest earnings from the City’s investment portfolio.

Intergovernmental Revenue is up $84,000 due to a grant to assist with meeting the requirements of Senate Bill (SB) 1383, the State’s Short-Lived Climate Pollutant Reduction Strategy.

Charges for services increased by approximately $0.6 million, or 26%, primarily due to increased revenues from Parks and Recreation programs and classes. Programs and classes returned as pandemic restrictions eased.

Transfers In are down approximately $0.5 million, or 55%, due to decreased transfers from the General Fund.

Expenditures
Overall expenditures are tracking at $0.4 million, or 12%, higher than the same time last year due primarily to increases in compensation and contract services. 30 CC 03-07-2023
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13 Comparison of FY 2021-22 and FY 2022-23 Mid-Year Expenditures Enterprise Funds
Mid-Year Mid-Year
2022 2023
05 - Employee compensation 606,966 832,565 225,599 37%
10 - Employee benefits 242,296 306,790 64,494 27%
15 - Materials 131,989 187,673 55,683 42%
20 - Contract services 1,949,911 2,277,057 327,146 17%
25 - Cost allocation 517,054 394,970 (122,084) -24%
30 - Capital outlays 165,219 342 (164,877) -100%
31 - Special projects 60,226 121,846 61,620 102%
50 - Other financing uses 54,516 40,845 (13,671) -25%
Grand Total $ 3,728,177 $ 4,162,086 $ 433,909 12%
Expenditure Category Variance ($) Variance (%)
Salary and Benefits increased by approximately $0.3 million, or 34%, primarily due to negotiated cost-of-living adjustments approved by the City Council on August 16, 2022.

Materials increased by approximately $56,000, or 42%, primarily due to increased expenditures for electricity, CalRecycle, and general supplies.

Contract Services increased by approximately $0.3 million, or 17%, primarily due to increased programs and classes provided by Parks and Recreation. Programs and classes returned as pandemic restrictions eased.

Cost Allocation decreased by approximately $0.1 million, or 24%, primarily due to decreased Finance and Human Resources CAP charges.

Capital Outlays decreased by approximately $0.2 million, or 100%, due to projects that differ in scope and timing from year to year.

Special Projects increased by approximately $62,000, or 102%, due to projects that differ in scope and timing from year to year.

Internal Service Funds
Revenue
Internal Service Funds revenue is tracking at $1.5 million, or 35%, higher than the same time last year due to an increase in transfers in.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Revenues Internal Service Funds
Mid-Year Mid-Year
2022 2023
40 - Use of money and property 48,610 64,795 16,185 33% 50 - Charges for services 2,397,464 2,089,981 (307,483) -13% 65 - Transfers in 1,652,359 3,419,500 1,767,141 107%
70 - Other financing sources 188,157 218,671 30,514 16% Grand Total $ 4,286,590 $ 5,792,947 $ 1,506,357 35%
Revenue Category Variance ($) Variance (%)
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14 Use of Money and Property increased by $16,000, or 33%, due to increased interest earnings from the City’s investment portfolio.

Charges for Services decreased by $0.3 million, or 13%, due to decreased cost allocation charges. Cost allocation decreased due to lower cost allocation expenses that need to be allocated.

Transfers In increased by approximately $1.8 million, or 107%, due to increased transfers from the General Fund to the Innovation & Technology and Compensated Absences Fund.

Other Financing Sources increased by approximately $31,000 due to higher depreciation expenses.

Expenditures
Internal Service Funds expenditures are tracking at $53,000, or 1%, lower than the same time last year due primarily to decreases in materials and special projects.

Comparison of FY 2021-22 and FY 2022-23 Mid-Year Expenditures Internal Service Funds
Mid-Year Mid-Year
2022 2023
05 - Employee compensation 886,025 967,811 81,786 9%
10 - Employee benefits 1,047,639 1,094,145 46,506 4%
15 - Materials 512,493 406,767 (105,726) -21%
20 - Contract services 404,806 448,721 43,915 11%
25 - Cost allocation 30,409 31,021 613 2%
31 - Special projects 502,529 389,419 (113,110) -23%
35 - Contingencies - - - N/A
50 - Other financing uses 232,635 225,443 (7,192) -3%
Grand Total $ 3,616,536 $ 3,563,327 $ (53,209) -1%
Expenditure Category Variance ($) Variance (%)
Salary and Benefits increased by $0.1 million, or 7%, primarily due to negotiated cost-ofliving adjustments approved by the City Council on August 16, 2022.

Materials decreased by $106,000, or 21%, mainly due to decreases in Innovation & Technology software expenditures.

Contract Services are up approximately $44,000, or 11%, largely due to increases in workers’ compensation insurance premiums.

Special Projects decreased by approximately $113,000, or 23%, due to the timing of expenditures for vehicle and equipment replacement.
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15 Budget Adjustment Requests
The City's departments regularly evaluate their budget expenditures throughout the fiscal year to ensure they stay within their budget appropriations. In case of any variance, they can request budget adjustments as necessary as part of the quarterly reports. However, as of mid-year, departments are on track to stay within their budget appropriations, and therefore, they are not requesting any budget adjustments.

Fund Balance
The City’s General Fund ended FY 2020-21 with $96.9 million in total fund balance. Staff anticipates the General Fund will end FY 2021-22 with $110.0 million in fund balance, an increase of $13.1 million from the prior year, due to revenues being higher than expenditures. At first quarter, staff projected the General Fund to end FY 2022-23 with $121.6 million in fund balance. As of mid-year, the General Fund is expected to end FY 2022-23 with $121.5 million in fund balance, with $63.1 million in unassigned fund balance.

General Fund Classification of Fund Balance
Classification
Actual
2020-21
Year End
Projection
2021-22
Adopted Budget
2022-23
1st Quarter Year
End Projection
2022-23
Mid-Year Year
End Projection
2022-23
Non Spendable $ 0.4 $ 0.4 $ 0.4 $ 0.4 $ 0.4
Restricted 19.9 18.8 24.2 18.8 18.8
Committed 19.1 34.1 34.1 34.1 34.1
Assigned 4.9 5.0 3.0 5.0 5.0
Unassigned 52.4 51.6 48.3 63.2 63.1
TOTAL FUND BALANCE $ 96.9 $ 110.0 $ 110.1 $ 121.6 $ 121.5 To date, the City’s external auditors have not completed their review of the City’s financials. Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes to these figures.

Per the City’s Fund Balance Policy, unassigned fund balance over $500,000 is to be used in the following order to replenish committed/restricted fund balances with any remaining balances to be placed in the Capital Reserve:

1. Economic Uncertainty Reserve

2. CalPERS Reserve (Section 115 Pension Trust)

3. Capital Projects Reserve

4. Sustainability Reserve

5. Unassigned
As of mid-year, all priority areas have been fully funded. Per the City’s Fund Balance policy, it has been the City’s practice to recommend the transfer of unassigned fund balance as part of the mid-year financial report. However, this year, the City is not recommending the use of unassigned fund balance at mid-year due to the uncertainty 33 CC 03-07-2023
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16 surrounding a sales tax audit of one of the City’s taxpayers by the California Department of Tax and Fee Administration (CDTFA). While the impact of this audit is unknown, it has the potential to significantly affect the City's sales tax revenues.

Given this uncertainty, staff anticipates bringing recommendations on the use of fund balance to the City Council once more information regarding the sales tax audit is available. The City is committed to maintaining a responsible and sustainable approach to its financial management, and will continue to closely monitor and analyze revenue and expenditure trends in order to make informed budgetary decisions.

Staffing
As of December 31, 2022, the FY 2022-23 Amended Budget includes a total of 225 fulltime equivalent (FTE) positions. The City Manager's Office is requesting the addition of one new position. If approved, the total benefitted positions will increase to 226 FTEs.

Addition of Limited-Term Special Project Executive
The City Manager’s Office is requesting a new two-year limited-term position of Special Project Executive. This new classification will serve as the liaison for complex and highly sensitive projects and act as the liaison between developers and the City. Additional information can be found in the attached position description. This position will be 100% funded by revenue from agreements with developers who are looking to expedite their projects. This position will not have any fiscal impact in the current fiscal year, FY 2022- 23, due to vacancy savings in the department. In FY 2023-24, the salary and benefits for the position are expected to be approximately $400,000.

Revision of the Assistant Director of Community Development/Building Official Classification The position of Assistant Director of Community Development/Building Official was reviewed. To provide the Community Development Department with additional staff resources and enhance operational functions between the planning and building divisions, staff recommends filling each of these positions as two separate job classifications and positions. This revision will not have any fiscal impact in the current fiscal year, FY 2022-23, due to vacancy savings in the department.

The request to add a Limited-Term Special Project Executive and the revisions to the Assistant Director of Community Development/Building Official classification are pursuant to Cupertino Municipal Code Sections 2.52.140, 2.52.150, 2.52.160 and the City’s Administrative Rules and Regulations Section 4.

Performance Measures & Workload Indicators
The Mid-Year Financial Report includes updated performance measures and workload indicators that are in line with the best practices of both government and private industry. These measures have been designed to provide a comprehensive understanding of the City's performance and progress toward achieving its goals and objectives.
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17 Attachment B provides an overview of the status of the performance measures as of Mid-Year. This information is critical to effective decision-making and ensuring that resources are being used in the most efficient and effective way possible.

City Manager Discretionary Fund
In the FY 2022-23 Adopted Budget, City Council approved $75,000 in funding for the City Manager Discretionary Fund. The quarterly financial reports will detail the City Manager’s use of the discretionary fund and may include recommendations to replenish depending on the extent and nature of use. As of December 31, 2022, $2,632.50 has been used for environmental consulting services for the initial preparation of a Phase I environmental site assessment at 21801 Stevens Creek Boulevard.

Special Projects
Beginning FY 2022-23, the quarterly financial reports will provide a status update on special projects including the budget, amount spent, and estimated completion date. See Attachment E for FY 2022-23 special projects as of December 31, 2022.

Grants
In February 2019, the City contracted with California Consulting to identify and apply for State and Federal grants on the City's behalf. Originally under Public Works, the contract was later transferred to Administrative Services in the amount of $75,509 in FY 2022-23. The pilot program aims to centralize the grant function and maximize grant opportunities. Updates on the progress of the grants will be provided in the quarterly financial reports, including this mid-year report.

During FY 2021-22 and 2022-23, the City applied for 17 competitive grants totaling $32.6 million. To this date, the City has been awarded $17.7 million. Furthermore, during FY 2018-19, 2019-20, and 2020-21, the City applied for 8 additional grants totaling $8.3 million. Of these 8 grants, the City has been awarded $7.4 million.

Also, during FY 2021-22 and 2022-23, the City applied for 13 non-competitive grants totaling $4.0 million. See Attachment F for further details on grants applied, pending, awarded, and not awarded.

Capital Improvement Program
Beginning FY 2022-23, the quarterly financial reports will provide a revised estimate and update on Capital Improvement Program (CIP) projects. As of mid-year, the Public Works Department is not requesting any revisions to the capital budget. See Attachment G for the status of projects.

Sustainability Impact
No sustainability impact.
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18 Fiscal Impact
Based on the Mid-Year Financial Report, the City's current financial position is stable, and City staff is not recommending any adjustments to appropriations or revenues. The City will continue to monitor its revenue and expenditure trends closely to ensure it remains on track toward achieving its budgetary goals and objectives.

California Environmental Quality Act
Not applicable.

Prepared by: Thomas Leung, Budget Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – Fiscal Year 2022-23 Mid-Year Financial Report
B – Mid-Year Performance Measures
C – Description of Carryovers and Adjustments as of December 31, 2022 D – Description of Budget Transfers as of December 31, 2022 E – FY 2022-23 Mid-Year Special Projects Update as of December 31, 2022 F – Competitive and Non-Competitive Citywide Grants Tracking G – Capital Improvement Program Project Status
H – Resolution amending the Unrepresented Employees’ Compensation Program I – Unrepresented Comp Program – Clean
J – Unrepresented Comp Program – Redline
K – Special Project Executive Job Description
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This Financial Report is interactive. Click on a chart to learn more.

Background
On June 9, 2022, the City Council adopted the Fiscal Year (FY) 2022-23 Budget, a $130,587,325 spending plan funded by $130,244,157 in revenue and $343,168 in fund balance.

As described in the City Manager’s First Quarter Financial Report presented to the City Council on November 15, 2022, the budget was revised to account for encumbrances and carryover appropriations. As part of the FY 2021-22 year-end close, additional funds were carried forward from FY 2021-22 to FY 2022-23 due to encumbrances of $13,280,075 and carryover appropriations of $65,916,968. The largest encumbrances were for capital projects ($7.4 million) and Vallco Town Center (renamed The Rise) ($2.3 million), while the largest carryovers were for capital projects ($34.3 million) and for Vallco Town Center ($19.7 million). Encumbrances are outstanding commitments related to unfilled purchase orders or unfilled contracts that are rolled over to the following fiscal year until those obligations are fulfilled or terminated. Carryover appropriations are unencumbered funds for unfinished projects carried over to the following fiscal year to be spent for the same purpose for which they were approved.

The City Council approved $5.1 million in additional appropriations during the first two quarters of FY 2022-23.

This includes $2.4 million for negotiated amendments to the City's employee compensation programs and $1.8 million for first quarter budget adjustments. Among the first quarter budget adjustments, $669,000 was allocated for vehicle and equipment replacement.

As a result of these budget adjustments, encumbrances, and carryovers, the amended budget as of December 31, 2022, totaled $214,901,056. Details of the FY 2022-23 budget adjustments are summarized in the table below.

Amended Budget

CITY OF CUPERTINO
FY 2022-23 Mid-Year Financial Report
The Administrative Services Department is pleased to present the Mid-Year Financial Report for the 2022-23 Fiscal Year, covering the period from July 1, 2022 to December 31, 2022. This report serves as an update on the City's financial standing and has been prepared with the goal of providing the City Council, City leadership, and the public with important insights on the City's fiscal status.

The City is committed to providing accurate and timely financial information, and this report reflects its ongoing efforts to maintain transparency and accountability. 37 CC 03-07-2023
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2022-23 Adopted Budget
2022-23 Amended Budget Q12022-23 Amended Budget Q2
Fiscal Year

0.0 50.0M
100.0M
150.0M
200.0M
Dollars
Public Works
Capital Projects
Community Development
Law Enforcement
Non Departmental
Parks and Recreation
Administrative Services
Administration
Innovation & Technology
Council and Commissions
Flow of Funds Chart (in Millions)
General Fund Revenues, Expenditures, and Fund Balance
To date the City’s financial statement audit has yet to be issued and revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City staff does not anticipate many if any changes from the auditors. 38 CC 03-07-2023
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December
2019-20 Actual
2020-21 Amended Budget Q2June
2020-21 Actual
December
2021-22 Actual
2022-23 Adopted BudgetDecember
2022-23 Actual
Fiscal Year

0.0 100.0M

25.0M

50.0M

75.0M
125.0M
Dollars
Revenues
Expenses
-$6,278,783.12
Revenues Less Expenses in Dec 2022
-$10M
-$5M
$0
$5M
$10M
Dec 2019 Dec 2020 Dec 2021 Dec 2022
$12,905,840.44
Revenues Less Expenses in Jun 2022
$0
$5M
$10M
$15M
$20M
$25M
Jun 2020 Jun 2021 Jun 2022
General Fund Revenue and Expenditure Trends
As of December 31, 2022, General Fund expenditures have totaled $50.1 million, which is 39% of the budgeted appropriations. This is slightly below the mid-year expenditure range of the previous three years, which was between 44% and 52% of year-end actual expenditures. General Fund revenues have totaled $43.8 million, representing 33% of the budgeted revenue. This falls within the mid-year revenue range of the past three years, which was between 34% and 52%. To ensure fiscal stability, staff will continue to closely monitor leading revenue sources throughout the year.

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General Fund Revenues - Mid-Year Actuals vs Budget
Data Updated Feb 18, 2023, 1:04 PM
12/2019 12/2020 12/2021 12/2022

32.67%
In Revenues of $134,163,396.00 Budgeted through Dec 2022 General Fund Expenses - Mid-Year Actuals vs Budget
Data Updated Feb 18, 2023, 1:04 PM
12/2019 12/2020 12/2021 12/2022

39.39%
In Expenses of $127,218,800.00 Budgeted through Dec 2022 $43,827,254.48
Revenues in Dec 2022
$0
$20M
$40M
$60M
$80M
$100M
$120M
Dec 2019 Dec 2020 Dec 2021 Dec 2022
$50,106,037.60
Expenses in Dec 2022
$0
$20M
$40M
$60M
$80M
$100M
Dec 2019 Dec 2020 Dec 2021 Dec 2022
$43,827,254.48
Revenues in Dec 2022
Sales Tax
Other
Licenses and...

Transient Oc...

Charges for ...

Property Tax
$50,106,037.60
Expenses in Dec 2022
Transfers Ou...

Contract Ser...

Other
Cost Allocat...

Employee Ben...

Employee Com...

General Fund Classification of Fund Balance
The City’s General Fund ended FY 2020-21 with $96.9 million in total fund balance. Staff anticipates the General Fund will end FY 2021-22 with $110.0 million in fund balance, an increase of $13.1 million from the prior year due to FY 2021-22 ending with revenues higher than expenditures. At first quarter, staff projected the General Fund to end FY 2022-23 with $121.6 million in fund balance. As of mid-year, the General Fund is expected to end FY 2022-23 with $121.5 million in fund balance, including $63.1 million in unassigned fund balance.

General Fund Revenues - Mid-Year vs Year End Actuals General Fund Expenses - Mid-Year vs Year End Actuals General Fund Revenues by Type General Fund Expenses by Type 40 CC 03-07-2023
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To date, the City’s outside auditors have not completed their review of the City’s financials. Revenue, expenditure, and fund balance totals listed in this report are preliminary and subject to change after a full review by the City’s auditors. City Staff does not anticipate many, if any, changes from the auditors.

Recommended Adjustments
The City's departments regularly evaluate their budget expenditures throughout the fiscal year to ensure they stay within their budget appropriations. As of FY 2022-23 mid-year, departments are on track to meet their budget appropriations, and therefore, they are not requesting any budget adjustments at this time.

Summary
Based on the Mid-Year Financial Report, the City's current financial position is stable, and City staff is not recommending any adjustments to appropriations or revenues. The City will continue to monitor its revenue and expenditure trends closely to ensure it remains on track towards achieving its budgetary goals and objectives.

City of Cupertino, California
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
View the City Council Meeting Agenda
View the City's Budgets
View the City's Financial Transparency Portal
Powered by OpenGov
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Administrative Services
Finance
Goal: Financial Stability ‐ Provide a sustainable level of core services that are funded from ongoing and stable revenue sources.

So that… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
General Fund fund balance as a % of
budgeted appropriations 103% 104% 96% 35%
Credit Rating AA+ AA+ AA+ AA+
Actual expenditures (% below budget) 15% 9% 30% 5%
So that…
Citizens can enjoy high quality services that meet community priorities.

Human Resources
Goal: To create a thriving organization with meaningful careers in public service.

So that…
Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
# of Worker’s Compensation Cases 10 11 3 0
Total recordable Injury Rate YTD N/A 4.3% 1.0% 0%
% absenteeism
(% of total annual work hours) 2% 2% 3% 2%
% turnover rate 5% 9% 5% 1%
% Employee participation in wellness
activities
43% 48% 37% 75%
Average # of applications received per
recruitment 70 49 38 50
Recruitment timeline ‐ # days from
hiring request to offer letter 78 88 70 60
So that…
Citizens can enjoy high quality services that meet community priorities.

Actual revenue vs. budget (% below
budget) 19% 24% 34% 10%
Funding allocated to high priority
services (Public Works, Community
Development, Law Enforcement)
53% 52% 66% 63%
The City is
financially
responsible.

The City can
invest in
Community
priorities.

The City can
ensure a safe
working
environment for
all employees
The City attracts
and retains a
talented
workforce
The agency
builds a flexible
and productive
work
arrangement.
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Community Development Department
Community Development
Goal: Review and guide development activity to ensure compliance with relevant codes and policies, and alignment with community values to promote and enhance Cupertinoʹs community‐wide quality of life.

Enabled by… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec Ongoing Target
Building permit applications shall be
plan reviewed within 15 business days.
93% 87% 86% 80%
Customer/Applicants visiting the
Building Permit Counter shall be
assisted within 15 minutes
** 83% 85% 80%
Applicants visiting the Planning Counter
shall be assisted within 15 minutes
** 87% 85% 50%
Building permit applications
reviewed/issued over‐the‐counter (OTC)
** 60% 56% 75%
Below market rate rental and purchase
vacancies filled 14 24 11 15 per year
Housing resources and referrals
provided 129 117 55 100 per year
Complimentary/courtesy prelim app
reviews completed within 4 weeks 79% 68% 34% 80%
Average number of days to initiate
investigation of code complaints 0.077 0.19 0.444 < 7
Code enforcement cases resolved
without issuance of citations 98% 91% 91% 80%
Landlord‐tenant counseling and dispute
resolution cases provided 46 57 25 100 per year
Public Outreach Events ** 2 3 12 per year
*Data provided from July 2019 ‐ February 2020 due to shelter‐in‐place mandate. ** No data due to closure of city hall.

So that…
*** In‐person appointment started July 15, 2021, the counters were temporary closed in January 10, 2022 due to the surge of the COVID‐19 Omicron variant and reopened April 2022.

Efficient
planning and
building
services and
enhanced
customer
service.

Effective code
enforcement
services.

Affordable and
Below Market
Rate Housing
programs and
public service
grants.

Cupertino is a thriving City to live, work, learn and play. 43 CC 03-07-2023
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: City Managerʹs Office, City Clerk Division
GOAL:  Streamline information processing for Council, staff and community members for compliance with State requirements and facilitate independent and transparent access to public information.

Enabled by… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
City Council minutes for meetings
presented for Council approval by the
following regular meeting
100% 100% 100% 100%
Adopted City Council resolutions and
ordinances processed and scanned to
Laserfiche within a week of Clerk’s
office receipt of final, signed document
80% 80% 80% 100%
Public Record Act requests responded
to by the Statutory deadline date 100% 100% 100% 100%
So that…
All can fully participate in local government to achieve the community & organizational goals.

Online
information
and updated
records that can
be easily
accessed in a
timely manner.

Response to
records
requests to
comply with
State law of 10
days.
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: City Managerʹs Office, Economic Development Division Enabled by…
Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec Ongoing Target
Maintain Economic Development
Business Connect Subscribers 2,500 3,000 4,000 4,000
Economic Development Business
Visits, Workshops & Events 3* 3 3 10 per year
*limited due to COVID
So that…
GOAL: To actively pursue opportunities in the areas of business attraction, retention, and expansion as a means of promoting economic vitality, and strengthening the City’s sales tax base to support Cupertino’s excellent quality of life for its residents, businesses, and daytime population.

Effective
partnerships
and proactive
Economic
Development
programs to
support local
businesses.

Cupertinoʹs economy and sales tax revenue base are diversified to further enhance the Cityʹs financial stability and its ability to provide quality amenities to the community. 45 CC 03-07-2023
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Innovation & Technology
Innovation & Technology
Goal: Provide superior delivery of information and technology services to city employees and constituents while continually enhancing levels of engagement.

Enabled by… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
GIS: % of time spent Developing
Application 25% 40% 35% 35%
GIS: % of time Maintaining
applications 75% 60% 65% 65%
GIS: Met Requests within SLA (map,
data, Web maps, Cityworks, schema,
other) completed
98% 99% 100% 100%
GIS: Cityworks utilization ‐ # of assets
Cupertino maintains vs # of assets
maintained in Cityworks. Also the %
increase of work units completed
(WOs, INSP,SRs)
45/31
20% 45/31  68% 45/31   10%
45/45
100%
Infrastructure: Percentage based upon
number of scheduled projects/Number
of projects completed on time
86% 89% 64% 100%
Infrastructure: Percentage based upon
number of HelpDesk tickets/SLA
measurements
94% 93% 89% 90%
Infrastructure: % Customer satisfaction
based upon Satisfaction Rate from
helpdesk tickets

98.7% 98.0% 96.9% 85%
Infrastructure: % of network uptime
(not including planned maintenance)

99.9% 99.9% 99.8% 99%
Applications: % of citywide‐enterprise
application project management
performed on time and on budget
95% 96% 98% 95%
Applications: Number of website site
visits/Number of site hits 800,164 886,899 578,462
5% annual
increase
Applications: Number of support
request for the applications support
per month
65 870 490 20
* Not tracked
Video PM are included under CMO 100‐12‐305
1,176/229 900/600 GIS: Increase Property Information
(Internal/External) site visits per month 691/533 3,344/616 Tools and
services leverage
existing,
emerging and
innovative
technologies to
enhance,
improve, and
streamline
business and
communications
processes
Integrated
information
services enable
customers’
access to the
tools and
information they
need, when and
where they need
it
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Law Enforcement
Law Enforcement
Goal: Maintain a safe environment to live, work, learn and play.

Enabled by… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Priority 1 3.40 3.27 6.98 5 minutes
Priority 2 6.07 6.66 7.07 9 minutes
Priority 3 11.80 11.73 11.28 20 minutes
Teen Academy 92% 98% 75% 80%
Citizen Academy N/A N/A N/A 80%
Response time for emergency calls
% programs maintaining minimum
attendance
All members of
the community are
safe, informed,
empowered and
supported.
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Administration, City Managerʹs Office, Office of Communications Division GOAL:  Promote and increase interest and participation in City services, programs, initiatives, and projects while building community pride and positive identification with the City among its residents.

Enabled by… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Social media engagement: total number
of followers including City Hall
Nextdoor, Facebook, Twitter, and
Instagram accounts 35,177 N/A 40,294
10%
annual
increase
Social media engagement: average
number of engagements (reactions,
comments, shares, and clicks) per post
on City Hall Facebook account

66.5 27.57 20.6
10%
annual
increase
Cupertino 311: Average response time to
customers organization‐wide (in days):

3.5 Days 2.7 Days 2.6 Days
Average
Close
Time 5
Days
So that…
Clicks have now been added to the engagement metric, which will bump up the average number.

The performance measure for “Access Cupertino: Average response time to customers organization‐wide” was revised as Access Cupertino was replaced by Cupertino 311 in September 2017.  The target has been revised to “Average Close Time,” which reflects how many days it took to handle a request.

The Cupertino 311 Application is administered through the IT Department, but each individual department is responsible for responding to its own requests.  Response times are organized by request category. *Social media engagement metrics seen here are different due to Facebookʹs changes on its metrics, how they calculate it, and what they provide now. Previously, Facebook would count any action as engagement; now they only count likes/reactions, comments, link clicks, and shares.

Residents have access to timely, engaging, and important information Leveraging the
communication
skills,
knowledge, and
experience of
employees
while utilizing
existing and
emerging
technologies to
enhance,
improve, and
streamline the
communication
process.
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Parks and Recreation
Parks and Recreation
Goal: Create a positive, healthy and connected community.

Enabled by…
Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
% of Parks and Recreation Department
customers surveyed who rate services
as good or excellent
94% 95% 97% 85%
% of programs maintaining minimum
registration 46% 73% 80% 80%
% change in participants* ‐39% 119% 37% +1%
*Increase due to more programs offered and partial reopening of services.

So that…
Cupertino has an exceptional system of parks and services that align with community values. % Departmentʹs total cost recovery for
all (direct and indirect) costs
39% 53% 60% 40%
# of new programs or events offered 37 9 2 50
City investment in
quality recreation
and community
programs
Improved
business processes
to improve
customer
experience
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Public Works
Capital Project Delivery
So that…
Measure
FY21
Jul‐Jun
FY22   Jul‐
Jun
FY23
Jul‐Dec
Ongoing
Target
Percentage of projects completed on
budget
90% 90% 100% 95%
Percentage of construction projects
completed on time 90% 90% 100% 95%
Goal: Develop and deliver projects on time and within budget that serve the residentʹs needs and supports the Cityʹs stability and growth
*FY22: 9 projects completed, 8 projects on budget and time; *FY23 JULY TO DEC 2022: 8 projects completed, 8 projects on budget and time City funds
capital
improvement
projects.

Projects are
utilized by the
community.

Benefit: Residents and businesses are assured their community is being improved by insightful, targeted and efficient use of taxes and fees towards maintaining and improving the Cityʹs facilities and assets. 50 CC 03-07-2023
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Environment
Goal: Protect our natural environment for current and future generations.

So that...

Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Percent of businesses in compliance
during annual proactive stormwater
pollution prevention inspections
96% 88% N/A 75%
Percent of non‐exempt businesses and
multi‐family accounts separating
organics
79%** 86% 94% 100%
(SB1383)
Percent trash/litter reduction achieved to
meet Stormwater Permit requirements
88% 95% N/A 100% by
7/1/2025
Diversion rate from all single‐family,
multi‐family, and commercial accounts
as reported by Recology tonnage reports
53% 53% 53% 55%
Respond to reports of actual or potential
discharge the same business day
89% 93% 90% 95%
% of plan reviews completed in required
number of days 90% 93% 92% 100%
Cubic yards of compost distributed via
compost site 1,165 CY 440 CY
160 CY
(July‐Dec
2022)
1,000 CY
% of vegetation obstructions resolved
within 15 days from time of report* 31% 32%% 36% 100%
*Inspections occur in the spring only
**as of 12/31/2020
City is
responsible for
a
comprehensive
storm water
pollution
prevention
program.

Potential
pollutants are
stopped before
entering the
storm drain
system.

City implements
solid waste
collection
services that
encourage
diversion of
waste from
landfills.

Benefit: Current and future residents enjoy a healthy, sustainable environment.

Diversion of
solid waste
from landfill is
maximized,
compost is
produced for
community use,
recyclable
material is sold
to help offset
collection costs
and methane
gas emissions at
landfills are
reduced.
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Development Services
Goal: Provide timely review and permitting of privately completed improvements within the public right of way.

So that…
Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Respond to complete plan submittals or
applications within two (2) weeks 93% 94% 96% 90%
Respond to complete encroachment
permit applications within two (2)
weeks
92% 93% 94% 90%
Respond to public inquiries at the Public
Works counter in City Hall within 15
minutes
* 91% 97% 95%
*In‐person counter closed starting March 2020
Grounds Division
So that... Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Percentage of 311 requests that are
responded to and closed within 3
business days
74% 82% 63% 80%
Percentage of the 2,964 park inspections,
including play grounds, performed 3
times weekly
100% 79% 41% 100%
Percentage of Backflow Prevention
Devices inspected, tested and repaired
annually
100% 100% 100% 100%
Goal: Provide well maintained, clean, and safe areas for the community’s recreational use and enjoyment  at optimal life cycle costs.

Improvements
within the
public right of
way have
engineering
oversight and
are constructed
to City
standards.

Public
improvements
are consistent
and meet the
needs of the
community.

Benefit: Customers can expect quality reviews and permitting on a defined schedule, and the community can expect quality public facilities.

The City
consistently
funds park
maintenance
and safety
improvement
programs.

Benefit: Cupertino has a well maintained public park system that meets the needs of the community and is beneficial to personal wellness.

Parks are
maintained in
good, usable
condition;
safety
programs are
effective.
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Streets Division
So that… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Pavement condition index (PCI) > or
equal to 82
85 83 82 82
Percent of the 2087 storm drain inlets
inspected and cleaned in fiscal year
95% 80% 19% 100%
Percent of Inlets with Trash Capture
Screens inspected and cleaned twice
yearly
100% 100% 100% 100%
Percentage of roadway regulatory &
street name signs repaired or replaced 5.5% 3.5% 1.1% 7% Percentage of trip and fall complaints
investigated and mitigated within 2
business days
100% 72% 61% 98%
Percentage of reported streetlight
outages investigated and repaired in 3
business days
90% 90% 84% 90%
Trees and Right of Way Division
So that... Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Percentage of 311 requests that are
responded to and closed within 3
business days
95% 95% 95% 95%
Percentage of trees inspected and
maintained in the yearly maintenance
zone (8 year maintenance cycle)
97% 100% 36% 100%
Percentage of trees planted versus trees
removed
# planted/# removed
92%
187/202
113%
211/187 109% 60/55 101%
Goal: Timely maintenance of public sidewalks, streets, streetlights and storm drain system in good condition to ensure safe, environmentally compliant, and accessible infrastructure that minimizes liability and has an optimal life cycle cost.

Goal: Maintain and enhance the Cityʹs street trees and medians to ensure a safe, healthy and environmentally conscious Urban Forest.

The City
consistently
funds street
and storm
drain
maintenance
and safety
improvement
programs.

Street and
storm drain
systems are
maintained in a
good condition;
safety
programs are
effective.

Benefit: Cupertino has well maintained street and storm drain systems that meet the needs of the community.

Benefit: Cupertino has a healthy and safe urban forest and medians provide good aesthetic and environmental value.

The City
consistently
funds street
tree and
median
maintenance
and safety
programs
Street trees and
medians
remain in good
health and
condition
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Facilities and Fleet Division
So that… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Percentage of preventative maintenance
work orders completed for Fleet assets
within 14 days of the due date.
83% 87% 49% 85%
Percentage of facilities maintenance
requests closed within 30 days. 89% 69% 65% 90%
Transportation Division
So that... Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Percentage of non‐emergency traffic
signal requests addressed within 72
hours.
90% 90% 95% 100%
Percentage of emergency traffic signal
requests addressed within 2 hours. 100% 100% 100% 100%
Percentage of traffic engineering
requests responded to within 72 hours 95% 95% 95% 95%
Annual mileage increase of separated
bicycle lanes and pedestrian paths.

1.30 2.20 0.15 1 mile
Goal: Timely maintain City Facilities and City Fleet to meet staff, community and environmental requirements at an optimal life cycle cost.

Goal: Ensure the efficiency and safety of the transportation system for all modes of travel.

The City
consistently
funds facility
and fleet
maintenance,
fleet
procurement,
and safety
improvement
programs.

Benefit: Cupertino has well maintained, usable, and safe facilities and fleet in order to meet the needs of staff and the community.

Benefit: Having a safe and efficient transportation system that is inviting for all modes of travel.

Infrastructure
indicates good
condition;
safety
programs are
effective.

Facilities and
Fleet remain in
good and
operable
condition.
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Administration, City Managerʹs Office, Sustainability Division GOAL:  Implement Cupertino’s Climate Action Plan and General Plan Sustainability Element to achieve quantifiable emissions reductions, conserve finite resources, and achieve utility cost avoidance and savings across municipal operations and community partners.

Enabled by… Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
% community‐wide emissions reduced
from baseline of 307,288 MT CO2e/yr
15%
reduction
by 2020
(261,195
MT
CO2e/yr)
Initiate, develop, and complete actions
from the Climate Action Plan 2.0
% initiated
% complete or ongoing
100%
79%
100%
79%
6%
4%
100%
100%
% municipal operations emissions
reduced from baseline of 1,865 MT
CO2e/yr
15%
reduction
by 2020
1 Cupertinoʹs GHG inventories are conducted roughly every 3‐5 years.

So that…
2018 inventory: 24% decrease
in emissions from baseline
(258,659 MT CO2e/yr)
2018 inventory: 66% reduction
in emissions from baseline: 642
MTCO2e
An agency
implementing
Council and
community
sustainability
goals to
effectively
safeguard
shared
resources.

Engaged
community
partners and
volunteers
supporting CAP
implementation
Cupertino is a thriving City to live, work, learn and play. 55 CC 03-07-2023
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City of Cupertino
FY 22‐23 Budget Performance Measures
Department: Administration, City Managerʹs Office, Video Division Enabled by…
Measure
FY21
Jul‐Jun
FY22
Jul‐Jun
FY23
Jul‐Dec
Ongoing
Target
Percentage of total video productions
performed vs scheduled productions (city
meetings excluded)
522%
47/9
356%
57/16
245%
27/11 100%
Percentage of total engineering projects vs
scheduled projects
250%
15/6
275%
11/4 100% 2/2 100%
Total video views on YouTube and Granicus
platforms combined* 246,313 158,300 60,249
5% annual
increase
So that…
* Percentage skewed due to pandemic ‐ more overall views due to daily press conference postings GOAL: Video Division oversees numerous outreach projects, public meetings, internal equipment upgrades, and public events. These activities coincide with the City Council and City’s expectation for a positive presence in the community and communications and transparency to residents. 24/7 government access
channel, radio station,
digital signage network,
City website, and
numerous online video
platforms.

Public awareness, interest, understanding, and participation in the issues, programs, and services presented by the City of Cupertino can be enhanced. 56 CC 03-07-2023
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Detailed Budget Carryovers, Encumbrance Carryovers, and Council-approved Adjustments as of December 31, 2022
Attachment C
Budget Adjustment Type Fund Description Amount

BUDGET CARRYOVERS
Budget Carryover 100 General Fund CDD Budget Carryovers 20,416,269 Budget Carryover 100 General Fund CMO budget carryovers 182,759 Budget Carryover 100 General Fund I&T Special Project carryover 142,000 Budget Carryover 100 General Fund P&R Special Project carryovers 46,052 Budget Carryover 100 General Fund Parks and Rec budget carryovers 32,313 Budget Carryover 100 General Fund PW budget carryovers 2,615,595 Budget Carryover 100 General Fund Various applications improvements 302,000 Budget Carryover 100 General Fund Zoom room/Video office 49,000 TOTAL GENERAL FUNDS 23,785,988
Budget Carryover 210 Storm Drain Improvement CIP Carryovers 1,883,247 Budget Carryover 265 BMR Housing CDD Budget Carryovers 437,459 Budget Carryover 270 Transportation Fund CIP Carryovers 1,153,036 Budget Carryover 270 Transportation Fund Curren Consulting 2022-05-12 (2,408) Budget Carryover 270 Transportation Fund PW budget carryovers 5,531,136 Budget Carryover 280 Park Dedication CIP Carryovers 8,637,849 Budget Carryover 280 Park Dedication Memorial Park CIP carryover 500,000 TOTAL PARK DEDICATION FUNDS 18,140,319
Budget Carryover 420 Capital Improvement Fund CIP Carryovers 22,285,642 Budget Carryover 427 Stevens Creek Corridor Park CIP Carryovers 110 TOTAL CAPITAL PROJECT FUNDS 22,285,752
Budget Carryover 520 Resource Recovery PW budget carryovers 491,445 Budget Carryover 560 Blackberry Farm CIP Carryovers 2,054 Budget Carryover 560 Blackberry Farm PW budget carryovers 137,000 Budget Carryover 570 Sports Center CIP Carryovers 25,000 Budget Carryover 570 Sports Center PW budget carryovers 45,000 Budget Carryover 580 Recreation Program CIP Carryovers 320,670 Budget Carryover 580 Recreation Program Parks and Rec budget carryovers 133,425 TOTAL ENTERPRISE FUNDS 1,154,594
Budget Carryover 610 Innovation & Technology Facility Battery 40,000 Budget Carryover 610 Innovation & Technology I&T Special Project carryover 314,730 Budget Carryover 630 Vehicle/Equip Replacement PW budget carryovers 195,585 TOTAL INTERNAL SERVICE FUNDS 550,315
TOTAL BUDGET CARRYOVERS 65,916,968
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Detailed Budget Carryovers, Encumbrance Carryovers, and Council-approved Adjustments as of December 31, 2022
Attachment C
Budget Adjustment Type Fund Description Amount

ENCUMBRANCE CARRYOVERS
Encumbrance Carryover 100 General Fund Year End Soft Close 5,041,683 TOTAL GENERAL FUNDS 5,041,683
Encumbrance Carryover 210 Storm Drain Improvement Year End Soft Close 68,632 Encumbrance Carryover 230 Env Mgmt Cln Crk Strm Drain Year End Soft Close 73,795 Encumbrance Carryover 260 CDBG Year End Soft Close 44,230 Encumbrance Carryover 265 BMR Housing Year End Soft Close 59,022 Encumbrance Carryover 270 Transportation Fund Year End Soft Close 2,181,034 Encumbrance Carryover 280 Park Dedication Year End Soft Close 1,538,336 TOTAL SPECIAL REVENUE FUNDS 3,965,049
Encumbrance Carryover 420 Capital Improvement Fund Year End Soft Close 3,672,662 Encumbrance Carryover 427 Stevens Creek Corridor Park Year End Soft Close 16,281 TOTAL CAPITAL PROJECT FUNDS 3,688,943
Encumbrance Carryover 520 Resource Recovery Year End Soft Close 74,888 Encumbrance Carryover 560 Blackberry Farm Year End Soft Close 14,465 Encumbrance Carryover 570 Sports Center Year End Soft Close 28,679 TOTAL ENTERPRISE FUNDS 118,032
Encumbrance Carryover 610 Innovation & Technology Year End Soft Close 109,936 Encumbrance Carryover 630 Vehicle/Equip Replacement Year End Soft Close 356,432 TOTAL INTERNAL SERVICE FUNDS 466,368
TOTAL ENCUMBRANCE CARRYOVERS 13,280,075
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Detailed Budget Carryovers, Encumbrance Carryovers, and Council-approved Adjustments as of December 31, 2022
Attachment C
Budget Adjustment Type Fund Description Amount

COUNCIL ACTIONS
Council Action 100 General Fund CC Approved Budget Modification Number 2223-231 200,000 Council Action 100 General Fund Amend CEA OE3 Unrep Appointed Compensation 1,960,788 Council Action 100 General Fund City Attorney Contract 24,192 Council Action 100 General Fund External Auditor Contract 43,600 Council Action 100 General Fund Increase appropriations - Cupertino Historical Society FY 22-23 20,000 TOTAL GENERAL FUNDS 2,248,580
Council Action 230 Env Mgmt Cln Crk Strm Drain Amend CEA OE3 Unrep Appointed Compensation 49,532 Council Action 260 CDBG Amend CEA OE3 Unrep Appointed Compensation 8,020 Council Action 265 BMR Housing Amend CEA OE3 Unrep Appointed Compensation 27,207 Council Action 270 Transportation Fund Amend CEA OE3 Unrep Appointed Compensation 89,461 TOTAL SPECIAL REVENUE FUNDS 174,220
Council Action 420 Capital Improvement Fund Budget transfer & allocation for Mem Park Plan approved 7/7/2022 650,000 TOTAL CAPITAL PROJECT FUNDS 650,000
Council Action 520 Resource Recovery Amend CEA OE3 Unrep Appointed Compensation 36,569 Council Action 560 Blackberry Farm Amend CEA OE3 Unrep Appointed Compensation 10,395 Council Action 570 Sports Center Amend CEA OE3 Unrep Appointed Compensation 29,737 Council Action 580 Recreation Program Amend CEA OE3 Unrep Appointed Compensation 26,208 TOTAL ENTERPRISE FUNDS 102,909
Council Action 610 Innovation & Technology Amend CEA OE3 Unrep Appointed Compensation 103,851 Council Action 620 Workers' Compensation Amend CEA OE3 Unrep Appointed Compensation 2,360 Council Action 630 Vehicle/Equip Replacement Amend CEA OE3 Unrep Appointed Compensation 28,431 TOTAL INTERNAL SERVICE FUNDS 134,642
TOTAL COUNCIL ACTIONS 3,310,351
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Detailed Budget Carryovers, Encumbrance Carryovers, and Council-approved Adjustments as of December 31, 2022
Attachment C
Budget Adjustment Type Fund Description Amount

FIRST QUARTER ADJUSTMENTS
First Quarter Adjustments 100 General Fund Backwater Check Valve Replacement 8,201 First Quarter Adjustments 100 General Fund Community Outreach Printing and Mailing 9,650 First Quarter Adjustments 100 General Fund Construction Plan Check 500,000 First Quarter Adjustments 100 General Fund Earth and Arbor Day Festival Services 7,150 First Quarter Adjustments 100 General Fund Greenhouse Gas Emissions Inventory Update 20,000 First Quarter Adjustments 100 General Fund McClellan Ranch Path Repair 11,965 First Quarter Adjustments 100 General Fund Pool Equipment Preventive Maintenance 13,804 First Quarter Adjustments 100 General Fund Transfer to I&T Fund for Faro Scanners 118,766 First Quarter Adjustments 100 General Fund Tree Maintenance 136,734 First Quarter Adjustments 100 General Fund Utilities Adjustments 118,500 First Quarter Adjustments 100 General Fund Valley Water Cost Share Program 30,000 TOTAL GENERAL FUNDS 974,770
First Quarter Adjustments 230 Env Mgmt Cln Crk Strm Drain Utilities Adjustments 6,238 TOTAL SPECIAL REVENUE FUNDS 6,238
First Quarter Adjustments 520 Resource Recovery Household Hazardous Waste (HHW) 31,377 First Quarter Adjustments 520 Resource Recovery SB 1383 Grant Fund Allocation 6,140 TOTAL ENTERPRISE FUNDS 37,517
First Quarter Adjustments 610 Innovation & Technology Faro Scanners for the Sheriff's Office 118,766 First Quarter Adjustments 630 Vehicle/Equip Replacement Vehicle and Equipment Replacement 669,046 TOTAL INTERNAL SERVICE FUNDS 787,812
TOTAL FIRST QUARTER ADJUSTMENTS 1,806,337
BUDGET CARRYOVER, ENCUMBRANCE CARRYOVER, AND COUNCIL APPROVED ADJUSTMENT TOTAL 84,313,731 FY 2022-23 ADOPTED BUDGET 130,587,325
FY 2022-23 AMENDED BUDGET AS OF DECEMBER 31, 2022 $ 214,901,056 60 CC 03-07-2023
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Budget Transfers as of December 31, 2022 Attachment D
GL Account Description Amount
100-41-405 700-702 - Contract Services General Service Agreement California Consulting Contract 75,510 100-80-800 700-702 - Contract Services General Service Agreement California Consulting Contract (75,510) 100-70-700 600-635 - Materials Special Departmental Exp SB9 postcards (2,595) 100-70-700 719-705 - Contingencies Contingencies SB9 postcards (1,535) 100-71-701 600-635 - Materials Special Departmental Exp SB9 postcards (519) 100-71-701 719-705 - Contingencies Contingencies SB9 postcards (839) 100-71-702 719-705 - Contingencies Contingencies SB9 postcards (558) 100-71-701 600-602 - Materials Printing and Duplication SB9 postcards 6,046 100-31-305 600-605 - Materials Meeting Expenses Transferring funds (5,460) 100-32-308 600-606 - Materials Software Transferring funds (40,000) 100-31-305 600-606 - Materials Software Transferring funds 45,460 100-32-308 600-606 - Materials Software Budget transfer (40,000) 100-32-308 700-702 - Contract Services General Service Agreement Budget transfer 40,000 100-32-308 600-606 - Materials Software Transferring funds (100,000) 100-32-308 700-702 - Contract Services General Service Agreement Transferring funds 100,000 610-30-300 600-629 - Materials Conference and Training Transferring funds (2,400) 610-30-300 700-701 - Contract Services Training and Instruction Transferring funds 2,400 610-34-310 600-606 - Materials Software Transferring funds (49,000) 610-34-310 900-969 - Capital Outlay Software Transferring funds 49,000 TOTAL -$
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FY 2022-23 Special Projects Update
as of December 31, 2022
Attachment E
Department Program Account
FY 2022-23
Amended Budget
FY 2022-23 Q2
Actuals
FY 2022-23 Q1
Status
FY 2022-23 Q2
Status Est Completion
Q2 Notes (e.g.,
carried over to
next fiscal year)
Administration 120 City Manager 750.228 - CWP Safe Gun Storage Ordinance 12,000 - In Progress July 2023 Administration 122 Sustainability Division 750.018 - Climate Action Plan 90,383 61,108 In Progress Completed June 2023 Administration 122 Sustainability Division 750.019 - Employee Commute Program 17,041 7,820 In Progress In Progress June 2023 Administration 122 Sustainability Division 750.069 - Sustainable Infrastructure Audit 10,000 - Not Started Not Started December 2023 Administration 122 Sustainability Division 750.106 - Electric Cooking Workshop Series 6,400 - Not Started Not Started June 2023 Administration 122 Sustainability Division 750.176 - Climate AP Vision Summary Doc 10,000 - Not Started Not Started June 2023 Administration 122 Sustainability Division 750.223 - CWP Electrification Study 50,000 - Not Started Not Started June 2023 Due to staff
turnover, this WP
item will likely
carry over to next
fiscal year
Administration 126 Office of Communications 750.220 - CWP Community Engagement Alt T/P 12,000 - Not Started In Progress June 2023 Administration 126 Office of Communications 750.225 - CWP Integrated Plan for Engagmnt 30,000 - In Progress In Progress June 2024 Administration 305 Video 900.945 - Fixed Asset Acquisition 10,000 In Progress Completed October 2022 Administration 633 Disaster Preparedness 750.230 - Business Continuity Resilience 1,000,000 - Administration 705 Economic Development 750.103 - CWP Regulate Diversified Retail 5,000 - In Progress In Progress December 2023 Administration 705 Economic Development 750.179 - Econ Dev Strategy Outreach 20,000 - In Progress In Progress December 2023 Administration 705 Economic Development 750.221 - CWP Cupertino Store Implementatn 145,000 6,017 In Progress In Progress June 2023 Administrative services 405 Accounting 750.189 - Fee Study 75,000 - In Progress In Progress March 2023 Administrative services 412 Human Resources 750.214 - Hybrid Recruitment Strategy 40,000 - In Progress In Progress January 2023 Administrative services 412 Human Resources 750.215 - Online Marketing and Branding 50,000 - In Progress In Progress March 2023 Administrative services 412 Human Resources 750.229 - CWP Student Internship Program 15,000 - In Progress In Progress March 2022 Administrative services 425 Purchasing 750.190 - Purchasing - Grant Program 100,000 - In Progress In Progress June 2023 Administrative services 426 Budgeting 750.217 - CWP Analyze Potential Rev Measrs 50,000 - Not Started In Progress June 2023 Community Development 700 Community Development Admin 750.104 - CWP Homeless Jobs Program 302,983 46,287 In Progress In Progress June 2023 Community Development 701 Current Planning 750.007 - The Hamptons 108,640 - In Progress Completed Development
Agreement to
expire 2025,
waiting for
applicant to
submit
Community Development 701 Current Planning 750.009 - Marina Plaza 101,183 38,371 In Progress Completed June 2023 Community Development 701 Current Planning 750.029 - Vallco Town Center 198,850 8,990 In Progress In Progress Community Development 701 Current Planning 750.091 - Banning Gas Powered Leaf Blowers 7,594 7,594 In Progress Completed November 2022 Community Development 702 Mid Long Term Planning 750.032 - General Plan 239,805 - In Progress In Progress Ongoing Community Development 702 Mid Long Term Planning 750.048 - Urban Village 250,000 - Cancelled Cancelled Community Development 702 Mid Long Term Planning 750.049 - MuniCode Updates 25,000 - Cancelled Cancelled Community Development 702 Mid Long Term Planning 750.055 - Dark Sky 10,000 - Completed Completed 62 CC 03-07-2023
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FY 2022-23 Special Projects Update
as of December 31, 2022
Attachment E
Department Program Account
FY 2022-23
Amended Budget
FY 2022-23 Q2
Actuals
FY 2022-23 Q1
Status
FY 2022-23 Q2
Status Est Completion
Q2 Notes (e.g.,
carried over to
next fiscal year)
Community Development 702 Mid Long Term Planning 750.090 - Residential/Mixed Use Design 204,649 1,483 In Progress In Progress Expected to be
completed with
the adoption of
the Housing
Element
Community Development 702 Mid Long Term Planning 750.092 - General Plan Auth Process 6,500 - In Progress In Progress June 2023 Community Development 702 Mid Long Term Planning 750.100 - CWP Development Accountability 10,000 - In Progress In Progress June 2024 Community Development 702 Mid Long Term Planning 750.101 - CWP RHNA and Gen Plan Update 847,027 253,137 In Progress In Progress Community Development 702 Mid Long Term Planning 750.102 - CWP Sign Ordinance Update 25,000 - Not Started Not Started Community Development 702 Mid Long Term Planning 750.135 - Laserfiche planning map scanning 30,000 - In Progress In Progress June 2023 Community Development 711 BMR Affordable Housing Fund 750.051 - CWP End Homelessness 228,775 4,574 In Progress In Progress June 2023 Community Development 711 BMR Affordable Housing Fund 750.052 - Habitat for Humanity (ELI) 241,957 870 In Progress In Progress June 2023 Community Development 711 BMR Affordable Housing Fund 750.093 - De Anza Housing Program 25,000 - In Progress In Progress June 2023 Community Development 713 General Building 750.036 - Ongoing Bldg Recrd scan/conversn 14,387 - Completed Completed Community Development 714 Construction Plan Check 750.031 - Westport 152,574 18,792 In Progress In Progress 2023 Community Development 714 Construction Plan Check 750.067 - VTC 14,607,164 8,927 In Progress In Progress 2028 Community Development 715 Building Inspection 750.067 - VTC 5,406,634 - Not Started Not Started 2032 Innovation & Technology 300 Administration 750.087 - Pollution Monitoring 14,500 14,500 In Progress In Progress November 2022 Innovation & Technology 300 Administration 750.107 - Security Framework and Audit 60,000 - In Progress In Progress July 2023 Innovation & Technology 300 Administration 750.173 - CWP Lehigh & SC Quarry 27,000 6,500 In Progress In Progress November 2022 Innovation & Technology 300 Administration 750.197 - Aclima & Envirosuite Pilot Ext 66,000 - In Progress In Progress March 2023 Innovation & Technology 300 Administration 750.222 - CWP Cybersecurity Public Edu 7,500 - In Progress In Progress April 2023 Innovation & Technology 300 Administration 750.224 - CWP Hybrid Mtg for CC and Commis 15,000 - In Progress In Progress February 2023 Innovation & Technology 300 Administration 750.227 - CWP License Plate Readers 60,000 - In Progress In Progress June 2023 Innovation & Technology 305 Video 750.109 - Radio Windows 10 Replacement 10,000 - Not Started In Progress January 2023 Innovation & Technology 305 Video 900.945 - Fixed Asset Acquisition - 10,915 Innovation & Technology 305 Video 900.995 - Special Projects - CDD/I&T 68,000 - In Progress In Progress June 2023 Innovation & Technology 308 Applications 750.115 - ERP Exploration 50,000 - In Progress In Progress March 2023 Innovation & Technology 308 Applications 750.117 - Green Halo 3,465 1,953 Completed Completed Completed Innovation & Technology 308 Applications 750.120 - Performance Management App 32,000 - Not Started Not Started June 2023 Innovation & Technology 308 Applications 750.121 - Pre-Employment Assessment/Tests 5,000 - Not Started Not Started June 2023 Innovation & Technology 308 Applications 750.123 - Redesign of City Website 45,000 - In Progress In Progress September 2023 Innovation & Technology 308 Applications 750.180 - CAP Implementation Software 20,000 - Not Started In Progress June 2023 Innovation & Technology 308 Applications 750.181 - ERP (Phase II) 106,928 - In Progress In Progress March 2023 Innovation & Technology 308 Applications 750.182 - Zendesk for Parks and Rec 40,000 - Not Started Not Started August 2023 Innovation & Technology 308 Applications 750.183 - ACA Guide & Wrapper 25,000 - Not Started Not Started March 2023 Innovation & Technology 308 Applications 750.184 - Accela Roadmap 25,000 - Not Started Not Started TBD after meeting
with Rep.
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FY 2022-23 Special Projects Update
as of December 31, 2022
Attachment E
Department Program Account
FY 2022-23
Amended Budget
FY 2022-23 Q2
Actuals
FY 2022-23 Q1
Status
FY 2022-23 Q2
Status Est Completion
Q2 Notes (e.g.,
carried over to
next fiscal year)
Innovation & Technology 308 Applications 750.185 - ActiveNet Roadmap 25,000 - Not Started Not Started TBD after meeting
with Rep.

Innovation & Technology 308 Applications 750.186 - Consolidated Code Enf Services 40,000 - Not Started Not Started June 2023 Innovation & Technology 308 Applications 750.187 - Crisis Management Software 15,000 - Not Started In Progress June 2023 Innovation & Technology 308 Applications 750.188 - Semi Annual ADA Consultant 35,000 - In Progress In Progress June 2023 Innovation & Technology 310 Infrastructure 750.124 - ActiveNet Additional Readers 9,000 - In Progress In Progress Feb. 2023 Innovation & Technology 310 Infrastructure 750.125 - Council Voting System and Timer 32,000 - In Progress In Progress December 2023 Innovation & Technology 310 Infrastructure 750.130 - Senior Center Access Controls 16,000 - In Progress In Progress March 2023 Innovation & Technology 310 Infrastructure 750.131 - Wireless Bridge 1,650 (74) In Progress In Progress March 2023 Innovation & Technology 310 Infrastructure 750.171 - Quinlan Touch Screen 40,000 11,304 In Progress In Progress January 2023 Innovation & Technology 310 Infrastructure 750.198 - Office 365 E5 Licenses 7,000 - Not Started Not Started January 2023 Innovation & Technology 310 Infrastructure 750.199 - City Facilities Video Capture 60,000 33,194 In Progress In Progress March 2023 Innovation & Technology 310 Infrastructure 750.200 - CH Ent Server & Storage Tech Ref 150,000 - Not Started Not Started June 2023 Innovation & Technology 310 Infrastructure 750.201 - Digital Signage 25,000 - Not Started Not Started April 2023 Innovation & Technology 310 Infrastructure 750.202 - CAD & RMS Wan Link 7,200 - Not Started Not Started June 2023 Innovation & Technology 310 Infrastructure 750.203 - Suppl Wi-Fi Exp in Public Areas 20,500 330 In Progress In Progress June 203 Innovation & Technology 310 Infrastructure 750.204 - Proactive Man Risk & Sec Monitor 23,000 5,019 In Progress In Progress Dec. 2022 Innovation & Technology 310 Infrastructure 750.205 - Public Bike Smart Rack DockTech 2,000 - Not Started Not Started Feb. 2023 Innovation & Technology 310 Infrastructure 750.206 - Sign Shop Printer Warranty 3,000 - Not Started In Progress January 2023 Innovation & Technology 310 Infrastructure 900.945 - Fixed Asset Acquisition 46,016 6,016 In Progress In Progress June 2023 Innovation & Technology 310 Infrastructure 900.969 - Software 49,000 - In Progress In Progress February 2023 Innovation & Technology 986 GIS 750.166 - AR McClellan Ranch 40,000 - In Progress In Progress April 2023 Innovation & Technology 986 GIS 750.167 - Data Governance & Data Warehouse 75,000 45,990 In Progress In Progress April 2023 Innovation & Technology 986 GIS 750.207 - Additional Telematics Devices 5,300 - Not Started In Progress April 2023 Innovation & Technology 986 GIS 750.208 - Geotab Keyless Solution 6,000 - Not Started In Progress June 2023 Innovation & Technology 986 GIS 750.209 - Google Query 5,000 - In Progress In Progress January 2023 Innovation & Technology 986 GIS 750.210 - Business Process Automation Plat 42,000 - Completed In Progress May 2023 Innovation & Technology 986 GIS 750.211 - Drone Instructor Training 1,600 775 In Progress In Progress April 2023 Innovation & Technology 986 GIS 750.212 - Laserfiche Scanning 30,000 - In Progress In Progress March 2023 Innovation & Technology 986 GIS 750.213 - Amazon EC2 Instance t3aXLarge 5,000 - Not Started In Progress March 2023 Innovation & Technology 986 GIS 750.216 - CIP Management System 98,205 73,980 In Progress In Progress June 2023 Public Works 800 Public Works Admin 750.071 - Municipal Water System 22,677 - In Progress In Progress June 2023 Public Works 801 Resources Recovery 750.041 - HHW and PaintCare 62,717 23,135 In Progress In Progress Ongoing Public Works 801 Resources Recovery 750.084 - Single Use Plastics Ordinance 106,245 1,244 In Progress In Progress June 2023 Public Works 801 Resources Recovery 750.137 - SB1383 Procurement Requirements 127,553 - In Progress In Progress Ongoing Public Works 801 Resources Recovery 750.174 - New Lndfill Agrmnt/Solid Wst con 350,000 31,960 In Progress In Progress Ongoing Public Works 802 Non Point Source 750.196 - Storm Water (SWPPP) Update 19,100 8,810 In Progress In Progress June 2023 Public Works 804 Plan Review 750.039 - PW Scanning Project 64,009 - In Progress In Progress June 2023 Public Works 804 Plan Review 750.067 - VTC 1,961,366 - In Progress In Progress FY 2026 Public Works 804 Plan Review 750.105 - CWP Revisit 5G 250,000 - In Progress In Progress June 2023 Public Works 804 Plan Review 750.191 - BBF Golf Netting Support Inspect 6,000 713 In Progress In Progress December 2023 Public Works 807 Service Center Administration 750.043 - Office Reconfiguration 210,331 - In Progress In Progress

needed
Public Works 808 McClellan Ranch Park 750.025 - Special Maintenance 70,000 - Completed Completed Completed Public Works 808 McClellan Ranch Park 750.138 - 4H Perimeter Fence Replacement 30,000 - In Progress In Progress June 2023 Public Works 809 Memorial Park 750.025 - Special Maintenance 15,000 - In Progress In Progress Ongoing as
needed
memorial park
veterans
memorial
Public Works 811 BBF Ground Maintenance 750.025 - Special Maintenance 30,000 17,900 In Progress Completed Completed

budget-pedestrian
Public Works 812 School Site Maintenance 750.140 - Backflow Prevention Device Repl 6,000 4,798 In Progress In Progress June 2023 Public Works 813 Neighborhood Parks 750.025 - Special Maintenance 113,000 - In Progress In Progress June 2023

irrigation pump
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FY 2022-23 Special Projects Update
as of December 31, 2022
Attachment E
Department Program Account
FY 2022-23
Amended Budget
FY 2022-23 Q2
Actuals
FY 2022-23 Q1
Status
FY 2022-23 Q2
Status Est Completion
Q2 Notes (e.g.,
carried over to
next fiscal year)
Public Works 813 Neighborhood Parks 750.074 - Tot Lot Rubber Resurfacing 38,273 - In Progress In Progress June 2023 Public Works 813 Neighborhood Parks 750.140 - Backflow Prevention Device Repl 10,809 11,283 Completed Completed Completed Public Works 813 Neighborhood Parks 750.141 - Basketball Court Resurfacing 20,000 - In Progress In Progress June 2023 Public Works 813 Neighborhood Parks 900.990 - Special Projects - PW 25,000 - In Progress In Progress June 2023 Portal Park
Concrete
replacement
Public Works 814 Sport Fields Jollyman CRK 750.140 - Backflow Prevention Device Repl 4,000 - In Progress In Progress June 2023 Public Works 814 Sport Fields Jollyman CRK 750.141 - Basketball Court Resurfacing 10,000 - In Progress In Progress June 2023 Public Works 820 Sidewalk Curb and Gutter 750.020 - Annual Sidewalk Curb & Gutter 1,813,664 57,576 In Progress In Progress June 2023 Public Works 821 Street Pavement Maintenance 900.921 - Annual Asphalt Project 5,527,844 1,534,737 In Progress In Progress June 2023 Public Works 822 Street Sign Marking 750.025 - Special Maintenance 10,300 10,266 Completed Completed Completed Holiday banner
replacement
Public Works 824 Overpasses and Medians 750.192 - Mound Removals 141,900 70,775 In Progress In Progress June 2023 Public Works 824 Overpasses and Medians 750.193 - Split Rail Fence-SCB & Mary Ave 16,400 18,255 In Progress Completed Completed Public Works 824 Overpasses and Medians 750.194 - Trench Work 40,000 - Not Started In Progress June 2023 Public Works 825 Street Tree Maintenance 900.911 - Trees and Badges 15,000 6,274 In Progress In Progress Ongoing Public Works 827 Bldg Maint City Hall 750.144 - Electrical Preventive Maint 25,000 - In Progress In Progress June 2023 Public Works 827 Bldg Maint City Hall 750.145 - Fascia Repair and Painting 60,000 42,692 In Progress Completed Completed Public Works 827 Bldg Maint City Hall 750.146 - Lower Floor Recarpeting 70,000 - In Progress Completed Completed Public Works 827 Bldg Maint City Hall 750.147 - Boiler Preventive Maintenance 2,535 Completed Completed Public Works 828 Bldg Maint Library 750.025 - Special Maintenance 45,000 - In Progress In Progress June 2023 Public Works 828 Bldg Maint Library 750.147 - Boiler Preventive Maintenance 5,000 3,209 In Progress Completed Completed Public Works 829 Bldg Maint Service Center 750.025 - Special Maintenance 109,500 13,424 In Progress In Progress June 2023 AC replacement,
conf room carpet,
locker room
flooring, mechanic
bay lighting
Public Works 829 Bldg Maint Service Center 750.150 - Shop Building Roof Recoating - - In Progress Completed Completed Public Works 829 Bldg Maint Service Center 750.152 - Locksmith Training 4,000 4,000 In Progress Completed Completed Public Works 830 Bldg Maint Quinlan Center 750.025 - Special Maintenance 34,000 - In Progress In Progress June 2023 Conf room carpet
replacement,
stage floor
refinishing
Public Works 830 Bldg Maint Quinlan Center 750.147 - Boiler Preventive Maintenance 5,000 - In Progress Completed Completed Public Works 831 Bldg Maint Senior Center 750.025 - Special Maintenance 188,500 6,050 In Progress In Progress June 2023 AC Replacement,
Deck repair,
energy
management
system upgrades,
partial roof
replacement
Public Works 831 Bldg Maint Senior Center 900.945 - Fixed Asset Acquisition - 6,257 Completed Completed Completed Ice Machine Public Works 832 Bldg Maint McClellan Ranch 750.025 - Special Maintenance 55,000 - In Progress In Progress June 2023

replacement, milk
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FY 2022-23 Special Projects Update
as of December 31, 2022
Attachment E
Department Program Account
FY 2022-23
Amended Budget
FY 2022-23 Q2
Actuals
FY 2022-23 Q1
Status
FY 2022-23 Q2
Status Est Completion
Q2 Notes (e.g.,
carried over to
next fiscal year)
Public Works 836 Bldg Maint Sports Center 750.025 - Special Maintenance 66,000 - In Progress In Progress June 2023 Locker room floor
replacement,
raquetball court
floor refinishing,
Ventilation
preventive maint
& repair,
Public Works 836 Bldg Maint Sports Center 750.155 - Exterior Painting 45,000 63,327 In Progress Completed Completed Public Works 836 Bldg Maint Sports Center 750.157 - Door Refinishing 13,520 2,180 Completed Completed Completed Public Works 838 Comm Hall Bldg Maint 750.148 - Exterior Door Painting 4,000 - Not Started Completed Completed Public Works 841 BBF Facilities Maintenance 750.025 - Special Maintenance 25,000 - In Progress In Progress Ongoing as
needed
Blesch, Byrne, &
Stocklmeir Maint
allowance
Public Works 841 BBF Facilities Maintenance 750.162 - Uninterrupted Power Supply 5,000 5,000 Completed Completed Completed Public Works 844 Traffic Engineering 750.040 - Planned Transportation Project 80,000 - Completed Completed Completed Public Works 844 Traffic Engineering 750.061 - Community Shuttle Pilot Program 836,485 326,252 In Progress In Progress April 2023 Public Works 844 Traffic Engineering 750.079 - Adaptive Traffic Signaling 160,000 - In Progress In Progress June 2023 Public Works 844 Traffic Engineering 750.163 - VMT to LOS Standards 130,000 - In Progress In Progress June 2024 Public Works 844 Traffic Engineering 750.195 - Lawson Middle School Bikeway 40,000 21,254 In Progress Completed Completed Public Works 844 Traffic Engineering 750.219 - CWP Bicycle Facilities 50,000 - Not Started In Progress June 2023 Public Works 844 Traffic Engineering 750.231 - SC Corridor Vision Study 154,079 - Not Started In Progress June 2023 Public Works 845 Traffic Signal Maintenance 750.079 - Adaptive Traffic Signaling 13,156 - In Progress In Progress June 2023 Public Works 846 Safe Routes 2 School 750.080 - Pedestrian Education 23,158 11,712 In Progress In Progress June 2024 Public Works 846 Safe Routes 2 School 750.165 - Riding for Focus Program 49,000 - In Progress Cancelled Cancelled Public Works 848 Street Lighting 750.025 - Special Maintenance 8,300 7,919 Completed Completed Completed Street light pole
replacement,
service center
exterior building
LED fixtures
Public Works 848 Street Lighting 900.990 - Special Projects - PW 213,000 212,630 Completed Completed Completed Public Works 849 Equipment Maintenance 750.078 - Mechanic Shop Hose Reels 49,615 49,615 Completed Completed Completed Public Works 853 Storm Drain Fee 750.062 - Permeable Pavement 12,500 - In Progress In Progress Ongoing as
needed
Public Works 853 Storm Drain Fee 750.063 - Rainwater Capture 22,894 175 In Progress In Progress Ongoing as
needed
Public Works 854 General Fund Subsidy 750.064 - Low Income Cost Share 8,000 212 In Progress In Progress Ongoing as
needed
Public Works 854 General Fund Subsidy 750.065 - CUSD Joint Use Cost Share 21,868 - In Progress In Progress Ongoing Public Works 985 Fixed Assets Acquisition 900.945 - Fixed Asset Acquisition 1,171,448 142,270 In Progress In Progress June 2023 Parks & Recreation 601 Rec & Comm Svcs Administration 750.096 - CWP Mental Health Support 9,274 - In Progress In Progress Ongoing CWP was
completed
previous FY and
now just an
ongoing P&R
program.

Parks & Recreation 601 Rec & Comm Svcs Administration 750.098 - CWP Senior Strategy 66,778 25,400 In Progress In Progress June 2023 Parks & Recreation 601 Rec & Comm Svcs Administration 750.164 - CWP Dogs Off Leash Area 5,000 - In Progress In Progress June 2023 Parks & Recreation 601 Rec & Comm Svcs Administration 750.218 - CWP Artwork at the Library/Exhib 10,000 - Not Started In Progress June 2023 Parks & Recreation 601 Rec & Comm Svcs Administration 750.226 - CWP Intergenerational Engagement 20,000 - In Progress In Progress Ongoing Parks & Recreation 616 BBF Golf Course 900.945 - Fixed Asset Acquisition 137,000 - In Progress In Progress December 2023 66 CC 03-07-2023
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Department Name of Grant Description of Grant Grant Amount Date
Applied
Date
Due
Status (Grant
Awarded,
Pending Results,
Grant Denied)
Grant Amount
Awarded Date Awarded
Administration National Association of City and County Health Officials (NACCHO) Respond, Innovate, Sustain,and Equip (RISE) Awards To provide resources to the MRC network tosupport COVID‐19 response efforts. $25,000 3/4/2022 3/4/2022 Grant Awarded $25,000 8/11/2022 Administration California Electric Vehicle Infrastructure Project Purchase and installation of EV charging infrastructure at publicly‐owned sites ($4,500per charging port) $130,500 12/22/2020 12/22/2020 Funds Partially
Reserved
$130,500 10/27/2022
Administration Community Decarbonization Engagement Grant Competitive grant for community engagement around decarbonization topics from SVCE
$100,000 4/1/2022 4/4/2022 Grant Applied N/A N/A
Community DevelopmentDepartment
Santa Clara County Permanent Local HousingAllocation (PLHA) Consortium CA Dept of Housing & CommunityDevelopment (HCD)
$165,510 12/15/2021 12/30/2021 Grant Awarded to
County PLHAConsortium
$165,510 N/A
Community Development Santa Clara County Permanent Local Housing CA Dept of Housing & Community $257,254 12/15/2021 12/30/2021 Grant Awarded to $257,254 N/A Community DevelopmentDepartment
2020 Local Early Action Planning (LEAP) GrantsProgram
CA Dept of Housing & CommunityDevelopment (HCD) funding to accelerateprogress of Housing Element towards statehousing goals $300,000 7/1/2020 7/1/2020 Grant Awarded $300,000 10/6/2020 Information & Technology andCommunity DevelopmentDepartment Dept. of Housing and Community Development Financial assistance for implementation of softwares that accelerate and streamlineHousing Production $310,000 3/20/2020 12/31/2022 Grant Awarded $310,000 3/24/2020 Public Works TIRCP (Transit and Intercity Rail Program) 5‐year expansion of Via shuttle, including partnership with City of Santa Clara
$8,465,000 3/3/2022 3/8/2022 Grant Awarded $8,465,000 7/11/2022 Public Works HSIP (Highway Safety Improvement Program) Improving safety at signalized intersections $2,005,900 9/12/2022 9/12/2022 Pending Results N/A N/A Public Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $3,561,800 9/12/2022 9/12/2022 Pending Results N/A N/APublic Works HSIP (Highway Safety Improvement Program) Improving safety on roadway segments $4,450,200 9/12/2022 9/12/2022 Pending Results N/A N/APublic Works OBAG (One Bay Area Grant) Cycle 3De Anza Blvd buffered bike lanes $500,000 7/27/2022 7/27/2022 Grant Denied N/A N/A Public Works Safe Streets 4 All (SS4A) Bollinger Road road diet traffic analysis, outreach and engineering design
$360,000 9/15/2022 9/15/2022 Pending Results N/A N/A
Public Works Cupertino Library Expansion Federal Community Project Funding Grant $1,000,000 3/25/2021 6/10/2022 Grant Awarded $1,000,000 N/A Public Works Jollyman All‐Inclusive Play Area Federal Community Project Funding Grant $1,000,000 4/25/2022 6/10/2022 Grant Denied $1,000,000 N/APublic Works Jollyman All‐Inclusive Play Area State Funding Grant $1,000,000 3/17/2022 7/1/2022 Pending Results $1,000,000 N/A Public Works Jollyman All‐Inclusive Play Area PG&E $25,000 8/8/2022 9/1/2022 Grant Awarded $25,000 10/3/2022 Public Works Jollyman All‐Inclusive Play Area Santa Clara County AIPG $1,440,000 10/10/2018 10/12/2018 Grant Awarded $1,440,000 5/13/2019Public Works McClellan Road Bridge Reconstruction State Funding Grant $7,500,000 3/17/2022 7/1/2022 Pending Results $5,000,000 N/APublic Works I‐280 Trail‐East TDA3 $1,015,022 12/1/2021 12/1/2021 Grant Awarded $1,015,022 5/25/2022Public Works I‐280 Trail‐East Measure B $920,978 12/1/2021 12/1/2021 Grant Awarded $920,978 11/12/2021 Public Works I‐280 Trail‐Central Measure B $460,000 7/1/2020 7/1/2020 Grant Awarded $460,000 7/14/2020 Public Works I‐280 Trail‐Central Measure B $3,725,000 7/1/2020 7/1/2020 Pending Results $3,725,000 N/A Public Works andAdministration
CalOES Hazard Mitigation Grant Program ProjectSubapplication Cupertino Civic Center Plaza Microgrid studyand construction $979,402 6/17/2021 6/17/2021 Pending Results N/A N/A
Public Works ‐ EnvironmentalPrograms Division
EPA Recycling Education and Outreach Improve the effectiveness of residential and community recycling and compostingprograms through public education andoutreach. Increase collection rates and decreasecontamination across the nation $1,400,000 2/15/2023 2/15/2023 Pending Results N/A N/A
Competitive Citywide Grants Tracking
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Department Name of Grant Description of Grant Grant Amount Date
Applied
Date
Due
Status (Grant
Awarded,
Pending Results,
Grant Denied) Grant Amount Awarded Date Awarded
Administration Energy Efficiency Community Block Grant EECBG funds for use in developing energy efficiency services or strategies, code
enforcement, other uses
$139,518 N/A Q4 2022 Pending Results $139,518 Dates and exact amount not yet known
Administration Reach Codes/Building Codes Silicon Valley Clean Energy grant to support reach codes development
$10,000 3/18/2022 4/30/2022 Grant Reserved $10,000 11/30/2022 CommunityDevelopment
Community Development Block Grant(CDBG)
U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $412,800 8/26/2021 Annually:
6/30
Grant Awarded $412,800 2/25/2021
CommunityDevelopmentDepartment
Community Development Block Grant(CDBG)
U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $388,459 10/5/2022 Annually:
6/30
Grant Awarded $388,459 9/26/2022
CommunityDevelopmentDepartment
CDBG‐CV CARES Act Funding U.S. Dept of Housing & Urban Development (HUD) Emergency COVID Allocation
$553,939 8/26/2021 6/30/2022 Grant Awarded $553,939 8/20/2021 CommunityDevelopmentDepartment
Santa Clara County Home InvestmentPartnerships Program (HOME) Consortium U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $993,289 N/A Annually:
6/30
Grant Awarded toCounty HOMEConsortium
$993,289 2/25/2021
CommunityDevelopmentDepartment
Santa Clara County Home InvestmentPartnerships Program (HOME) Consortium U.S. Dept of Housing & Urban Development(HUD) Federal Entitlement Allocation $1,083,978 N/A Annually:
6/30
Grant Awarded toCounty HOMEConsortium
$1,083,978 9/26/2022
CommunityDevelopmentDepartment
Regional Early Action Planning ( REAP)Grants of 2021
CA Dept of Housing & Development (HCD)funding and technical assistance forimplementation of sodtware to help li hi l
$52,613 11/1/2022 11/1/2022 Grant Awarded $52,613 12/1/2022 Public Works Bicycle/Pedestrian Education &
Encouragement
2016 Measure B $33,090 9/8/2022 N/A Grant Awarded $33,090 9/29/2022 Public Works Sustainable Infrastructure/Energy Resiliency Grant
To support energy resiliency capitalimprovements
$255,798 6/29/2022 N/A Grant Awarded $255,798 6/29/2022 Public Works CalRecycle SB 1383 Local Assistance Grant
Program
One‐time grant program meant to provideaid in the implementation of regulationrequirements associated with SB 1383. $83,693 1/21/2022 2/1/2022 Grant Awarded $83,693 4/27/2022 Public Works CalRecycle Beverage Container Recycling
City/County Payment Program
Provide opportunities for beverage containerrecycling. Allowable uses include 2 staffattending annual CA Resource RecoveryAssociation conference, water refill stations,and recycling receptacles. $14,812 Funds must be
expensed between
5/03/2022 ‐ 4/1/2024
Annually:
dates vary
Grant Awarded $14,812 5/28/2021
Public Works CalRecycle Beverage Container Recycling
City/County Payment Program
Provide opportunities for beverage containerrecycling. Allowable uses include 2 staffattending annual CA Resource RecoveryAssociation conference, water refill stations,and recycling receptacles.

Pending Pending Annually:
dates vary
Pending Pending Pending
Non-Competitive Citywide Grants Tracking
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CIP PROJECT UPDATE
Program Overview, Accomplishments & Status
The Capital Improvement Program (CIP) Administration Division provides design and construction administration for all capital improvement projects including streets, sidewalks, storm drainage, buildings, parks, bicycle and pedestrian improvements and other public facilities.

The Division ensures that all public improvements are designed and constructed in accordance with community expectations and City standards. The Division places safety of the public, City employees, and workers as the highest priority in the delivery of capital projects.

February 2023; Q3 FY2022 - 2023
Status of Current CIP Projects
The categories below directly correlate to the categories in the FY22-27 CIP Schedule. Furthermore, the projects are colorcoded to illustrate the type of project. These ‘types’ are somewhat intuitively, rather than effectively ascribed to the projects, as many projects would fall into multiple categories.

Facilities related CIP Projects (orange) – 4 active projects, 5 deferred Streets and Grounds related CIP Projects (red) – 4 active projects, 3 completed, 1 deferred Traffic, Bike and Pedestrian related CIP Projects (blue) – 8 active projects, 4 completed, 2 deferred Parks and Recreation System related CIP Projects (green) - 8 active projects, 5 completed, 2 deferred Total: 24 active projects, 12 completed, 10 deferred (on hold).

ACTIVE PROJECTS
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Bicycle
Boulevard
Interim
Improvements,
Ph. 3
Improvements from
2016 Bicycle
Transportation
Plan.

Design TBD Phase 3 outreach and design in
progress.
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ACTIVE PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Civic Center
Parking
Analysis
Analyze the parking
requirement for the
Civic Center.

Implement
mitigation measures
identified in 2018
report.

Feasibility/
Report,
Implementation
Ongoing,
Book Drop
lane
completed
Torre Avenue Book Drop
completed Summer 2022. New
project planned: additional
surface parking spaces behind
Community Hall. Implementation
of mitigation measures dependent
upon increased staff parking
demands at City Hall.

DeAnza Blvd
Buffered Bike
Lanes
Restripe De Anza
Blvd to include a
painted buffered
zone between the
existing bike lane
and the vehicle
lanes.

Design Summer
2023
Design Process underway
I-280 Trail –
East & Central
Segments
(Externally
Funded)1
Design and
construct an offstreet bicycle and
pedestrian facility
parallel to the I-280
HWY, from De
Anza Blvd. Wolfe
Road (Central),
from Wolfe Rd. to
Vallco Parkway
(East)
Design Spring 2024
for East
segment;
Fall 2024 for
Central
Segment
Design phase for Central
segment will pause now that
IS/MND is underway; East
segment will continue into Final
Documentation, Bid and
Construction.

McClellan Road
Separated Bike
Corridor, Phase
3 (Externally
Funded, in
part)
Improve pedestrian
and bicycle safety
by reconfiguring the
intersection and
vehicle movements.

Bid Summer
2023
Caltrans review in process. Once
approvals are secured, bid
process can begin.

School Walk
Audit
Implementation
(Externally
Funded, in
part)
Construct
infrastructure
related
improvements
around schools that
were identified as
part of the
comprehensive
School Walk Audit
study.

Ongoing/
Construction
Ongoing
P
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r ACTIVE PROJECTS (continued)on Current Phase Scheduled Completion Status/Notes Project Title Description Current Phase Scheduled
Completion
Status/Notes
Stevens Creek
Boulevard CL
IV Bikeway -
Phase 2 –
Design &
Construction
(Externally
Funded, in
part)2
Design and
Construction of the
separated bikeway
along Stevens Creek
Blvd from Wolfe
Road to DeAnza
Blvd (2A) and De
Anza Blvd to US-85
(2B). This includes
signal upgrades at
Bandley Drive.

Design/Bid 2024 Phase 2A Construction will be
posted for public bid process in
February 2023. Phase 2B Design
is underway.

Traffic Calming Funding to respond
to citizen requests
for traffic calming to
reduce vehicle
speeds, improve
pedestrian and bike
safety.

Ongoing Ongoing Ongoing; responding to resident
concerns when they occur.

ADA
Improvements
(Multi-year
funding)
This is an ongoing
program funded
annually to improve
accessibility at all
public facilities
throughout the
City.

Design Ongoing Undertaking improvements at
Wilson Park, Wintergreen Dr.
entrance. Update to 2015 report
will be proposed for FY23-28.

City Hall and
Community
Hall
Improvements
(Programming
and Feasibility)
Programming,
Feasibility and
Community
Outreach to form
the basis of a
renovation strategy
for the buildings.

Feasibility/
Report
N.A. Meetings with City Hall Project
Subcommittee are complete. City
Hall will be part of FY23-24 CIP
Proposal.

City Hall
Annex (10455
Torre Avenue
Improvements)
Program, plan and
build facility
improvements
required for interim
facility to
accommodate staff
while City Hall is
remodeled, as well
as the long-term use
of this facility.

Design Fall 2024 Design process underway. EOC
scope added to the project in
October 2022.
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ACTIVE PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Citywide
Building
Condition
Assessment
Implementation
& Report
Update
Implement
recommendations
identified as a
priority in the
Comprehensive
Facility Condition
and Use
Assessment.

Construction/
Ongoing,
Sports Center Fire Panel
Replacement: work is complete,
awaiting final inspection. 2018
Report Update/Dashboard
creation: research and report
generation underway.

All Inclusive
Play Area &
Adult Assistive
Bathroom
Facility
(Jollyman Park)
(Externally
Funded, in
part)3
At Jollyman Park,
Design and
construct an allinclusive
playground and an
adult-assistive
bathroom facility
adjacent to the new
AIPG.

Design Summer
2024
Design process nearing
completion. Bid and permit
phase will follow.

Annual
Playground
Replacement
(Multi-year
funding)
Replacement of
older playground
equipment that is
dated and worn.

Creekside Tot
Lot - Complete
Ongoing Creekside Tot Lot construction
complete; opened in October
2022. More playground
replacements will be proposed
for FY23-28.

Blackberry
Farm Pool
Improvements
Make
improvements to
the pools and
facility related to
safety, accessibility,
and maintenance.

Bid, Permit Winter 2023 Bid process is underway.

Construction is scheduled to
begin in Fall 2023.

Citywide
[Satellite]
Community
Garden (Wilson
Park)
Develop a program
to establish
community gardens
throughout the
City.

Construction Late Spring
2023
Construction is scheduled to
begin in February 2023.

Full-sized
Outdoor
Basketball
Court (Wilson
Park)
(Externally
Funded, in
part)
Install a full-size
basketball court at a
park, following the
Parks and
Recreation System
Master Plan.

Bid Summer
2023
Construction is scheduled to
begin in February 2023.
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ACTIVE PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Lawrence-Mitty
Park and Trail
Plan
Develop a Master
Plan for a proposed
neighborhood park
located on several
acres of land
adjacent to Saratoga
Creek, near the
intersection of
Lawrence
Expressway and
Mitty Way.

Design Winter 2025 The community vision/outreach
phase is complete for the
conceptual design phase. The
final conceptual layout will be
developed in early 2023,
followed by environmental
clearance (CEQA) work. Final
design and permitting will begin
in late 2023. Construction is
anticipated to begin in late 2024
and be completed in late 2025.

Memorial Park
- Specific Plan
Design
Following the
findings of the
Master Plan
process, develop a
conceptual design
for Phase One
features and
amenities.

Design Fall 2023 Initial Public input received;
conceptual design alternatives
developed. Public outreach on
conceptual designs to begin late
January.

Park Amenity
Improvements
(Multi-year
funding)
Funding for various
park amenities such
as benches,
hydration stations,
outdoor table
tennis, cornhole,
shade structures,
pickleball striping,
etc.

Construction Ongoing 8 hydration stations have been
installed at various parks.

Outdoor table tennis tables have
been installed at Jollyman Park
and Wilson Park. Pickleball
striping completed at court 2 at
Memorial Park.

City Bridge
Maintenance
Repairs
(Externally
Funded, in
part)
Repair 5 bridges as
recommended in
the Caltrans Bridge
Report along with
additional
improvements to
prolong the useful
life of the bridges.

Advertise/Bid Summer
2023
Construction documents have
been completed. The project is
anticipated to be advertised for
bid in early 2023 and work
completed by summer 2023. The
work is partially funded (80%)
through the Bridge Preventative
Maintenance Program, a
federally funded program.
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ACTIVE PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
City Lighting
LED Transition
Assessment
Develop a strategy
to transition the
City's streetlight
infrastructure, and
other City operated
lights, from
induction to LED
fixtures to meet the
“Dark Sky”
requirements and
reduce light
pollution
Feasibility/
Report
Under
Review
Survey is complete. Council
requested revisions to the report.

This work is underway.

Pumpkin and
Fiesta Storm
Drain Project,
Phase 1 & 2
Design storm
drainage
improvements at
Pumpkin Drive,
Fiesta Lane, as
identified in the
Storm Drain Master
Plan.

Phase 1-
Advertise/Bid;
Phase 2-Design
Phase 1-
Summer
2023; Phase
2- TBD
Design is complete for Phase 1
and will be constructed
spring/summer 2023.

Preliminary site analysis and
design for Phase 2 will start in
early 2023.

Regnart Road
Improvements,
Phase 1
Phase 1 will
construct a
retaining wall to
stabilize the road
slope to the creek
from Sta 28+40 to
29+80 (approx. 140
LF).

Design, Permits 2023 Phase 1 design is complete. Bid
process will begin once the
environmental permitting is
complete.

COMPLETED PROJECTS (or nearly complete)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Bicycle
Boulevard
Interim
Improvements,
Ph. 2
Improvements from
2016 Bicycle
Transportation Plan.

Construction March 2023 Completion expected in
February/March 2023.

Homestead/De
Anza – Design
&
Construction4
Modify traffic signal
to relocate medianmounted mast arm
poles to the corners.

Complete December
2022
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COMPLETED PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Regnart Creek
Trail Fencing
Construction of
privacy fencing
along properties
abutting Regnart
Creek trail.

Construction March 2023
Fencing will be complete in
February; Trail repair to follow
before the (tentatively scheduled)
March opening of the Regnart
Creek Trail.

Stelling and
Alves
Crosswalk
Installation
Install a crosswalk
and pedestrianactuated RRFB
across Stelling at the
north leg of the
intersection with
Alves Drive.

Complete October
2022
Annual
Playground
Replacement5
Replacement of older
playground
equipment that is
dated and worn.

Creekside Tot
Lot - Complete
Creekside Tot Lot construction
complete; opened in October 2022.

Blackberry
Farm Golf
Renovation /
Alternative
Use Study
Study to determine
options for the BBF
Golf Course: minor
repairs or
alternative use
(‘natural habitat’).

Complete
Consultants’ reports and Public
comments are compiled. Report
delivered to Joint Commission
(Parks & Rec, Bicycle/Ped,
Sustainability) on 8/08/2022.

Awaiting opportunity to present
to Council for further action.

Memorial Park
- Pond
Repurposing
Design and
construct Memorial
Park improvements,
specifically
addressing the
immediate state of
the drained ponds.

Construction April 2023
Operations and Maintenance
phase is underway to establish
the plantings before opening.

Sports Center
Community
Needs Analysis
Evaluate the
potential long-term
needs of the facility,
the cost of
renovations and
repairs and the cost
effectiveness of
those
improvements.

Complete
P&R performed some analysis
and determined short-term
improvements/repairs. A more
in-depth analysis will be
included in the new FY22-23 CIP
project “Major Recreation
Facilities: Use and Market
Analysis”
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COMPLETED PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Tree Inventory
- Stevens Creek
Corridor
Inventory and map
City-owned trees
that are within the
Stevens Creek
Corridor, including
the BBF golf course.

Feasibility/
Report
February
2023
Survey is complete, report under
review by staff.

Retaining Wall
Repair -
Cordova Road
Replace failing
retaining wall
lagging with City
forces.

Complete Construction completed Summer
2022.

Sidewalk
Improvements
- Orange &
Byrne
Acquire right-ofway as needed,
initiate design and
construction of
sidewalks where
there are gaps, as
well as curb, gutter,
and drainage
improvements.

Complete Fall 2022
Byrne Avenue improvements
were completed in 2019. Civil
work (sidewalk, curb, .and
gutter) is complete on Orange
Avenue. Utility pole relocations
on Orange Avenue will be
performed by the utility
companies (PG&E, AT&T,
Comcast) in 2023.

Street Light
Installation -
Annual Infill
(Multi-year
funding)
Design and install
streetlights on an as
needed basis.

Complete Ongoing Installations for this fiscal year
are complete. Year 3 of 5.

DEFERRED PROJECTS
Project Title Description Current Phase Scheduled
Completion
Status/Notes
I-280 Trail -
West Segment
Design and
construct an offstreet bicycle and
pedestrian facility
parallel to the I-280
HWY, from the Don
Burnett Bicycle –
Pedestrian Bridge to
De Anza Blvd.

Deferred
This segment will be on hold
until the other segments are
designed.
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DEFERRED PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
McClellan
Road
Separated Bike
Corridor -
Byrne Ave to
Imperial Ave,
Phase 4
Design and
construct separated
bike lanes on
McClellan Rd. from
Imperial Ave to
Byrne Ave.

Deferred Phase 4 on hold until ROW’s are
acquired.

Electric Vehicle
Parking
Expansion
Expansion of the
existing level 2
charging ports at
municipal
properties from
twelve (12) ports to
thirty-two (32)
ports. In addition,
install five (5) level
3 (DC Fast
Charging) ports.

RFQ
Project paused due to staff
availability.

Previously identified grant
fundings are unavailable. Scope
revision is necessary and
underway. RFQ process (not
RFP/Bid) approved by Council
on 11/01/2022.

Interim City
Hall
Establish an interim
facility to
accommodate City
Staff if existing City
Hall were to be
replaced or
significantly
remodeled.

Deferred
This funding will be required to
provide City Hall services while
the building is under
construction.

Library
Expansion
Project
Develop a design
and construct a 5600
SF addition to the
existing Library
building.

Building:
complete.

Landscaping:

Bid
2023
Project paused due to staff
availability.

Building Construction is
complete; Landscaping (bid and
construction) to continue in 2023.

QCC Multi-Site
Sustainable
Infrastructure
Upgrade
Develop
recommendation for
Council on a
complete facility
upgrade for heating
and cooling system,
emergency power
system, and
renewable energy.

RFQ 2024
Project paused due to staff
availability.

The RFQ process for energy
service companies (ESCOs) to
perform audit and initiate
improvements was completed.

Award of Contract will come to
City Council in early 2023.
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DEFERRED PROJECTS (continued)
Project Title Description Current Phase Scheduled
Completion
Status/Notes
Stocklmeir,
Bryne and
Blesch:

Inspection
Reports and
Analysis
Instigate property
inspection reports
and work with
outside consultants
to develop initial
use and business
strategies
appropriate for the
three residential
properties owned
by the City.

Feasibility
Study
Summer
2023
Project paused due to staff
availability.

Memorial Park
- Amphitheater
Improvements
Design and
construct Memorial
Park improvements,
specifically
addressing the
needs of the
Amphitheater.

RFQ 2024 Project paused due to staff
availability.

Stevens Creek
Corridor Park
Chain Master
Plan
Study the various
uses of public lands
along Stevens Creek
for optimal public
use and operation
and develop a
master plan.

Deferred
On hold, pending completion of
Blackberry Farm Golf
Renovation/ Alternative Use
Study
City Lighting
LED
Improvements
Implement the
transition of City's
streetlight
infrastructure from
induction and other
fixtures to LED
fixtures to meet the
"Dark Sky"
Ordinance
requirements and
reduce light
pollution and
energy cost.

Deferred Awaiting finalization of LED
report before initiating this work.
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Notes:

1. Previously listed as two projects: I-280 Trail – East and I-280 Trail Central Segments.

2. Previously listed as three projects: Stevens Creek Boulevard CL IV Bikeway - Phase 2 – Design, Stevens Creek Boulevard CL IV Bikeway - Phase 2 – Construction, and Bandley Drive Signal Upgrades.

3. Previously listed as two projects: All Inclusive Play Area, and AIPG Adult Assistive Bathroom Facility (Jollyman Park).

4. Previously listed as two projects: Homestead/De Anza Design, and Homestead/De Anza Construction.

5. Annual Playground Replacement project is listed in both Active and Completed Projects. The project is ongoing and additional playgrounds are planned to be initiated, but this also notes that one playground was completed in this fiscal year.:

6. Previously listed as two projects:

7. Previously listed as two projects:
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RESOLUTION NO. 23-XXX

A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AMENDING THE UNREPRESENTED EMPLOYEES’ COMPENSATION

PROGRAM AND CLASSIFICATION PLAN
WHEREAS, the City Council desires to amend the Unrepresented Employees’ Compensation Program and Classification Plan.

WHEREAS, the City Council desires to amend the Unrepresented Employees’ Classification Program and Classification Plan pursuant to CMC

2.52.150.

NOW, THEREFORE, BE IT RESOLVED that the Unrepresented
Compensation Program and Classification Plan be amended which are incorporated in this resolution by this reference and attached as Attachment I.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of March 2023 by the following vote:

Vote Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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1 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 1

PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time.

It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given.

Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant.

Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented.

MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:

Classification Title
Accountant I
Accountant II
Accounting Technician
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development
Assistant Director of Public Works
Assistant Director of Parks and Recreation
Assistant to the City Manager
Budget Manager
Building Official
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head) City Clerk
City Engineer
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2 Community Relations Coordinator
Deputy Building Official
Deputy City Attorney
Deputy City Clerk
Deputy City Manager
Director of Administrative Services (Department Head)
Director of Community Development (Department Head)
Director of Parks and Recreation (Department Head)
Director of Public Works
Economic Development Manager
Emergency Services Coordinator
Environmental Programs Manager
Executive Assistant to the City Attorney
Executive Assistant to the City Manager
Finance Manager
GIS Coordinator
GIS Program Manager
Human Resources Analyst I
Human Resources Analyst II
Human Resources Assistant
Human Resources Manager
Human Resources Technician
Information Technology Assistant
Innovation and Technology Manager – Applications
Innovation and Technology Manager - Infrastructure
Legal Services Manager
Management Analyst
Network Specialist
Park Restoration and Improvement Manager
Permit Center Manager
Planning Manager
Public Information Officer
Public Affairs Manager
Public Works Projects Manager
Public Works Supervisor
Purchasing Manager
Recreation Manager
Recreation Supervisor
Senior Accountant
Senior Assistant City Attorney
Senior Civil Engineer
Senior Management Analyst
Senior Public Works Project Manager
Service Center Superintendent
Special Project Executive
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3 Sustainability Manager
Transportation Manager
Web Specialist
In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control.

Adopted by Action of the
City Council, April 1, 1974
Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 10/12, 12/12, 7/13,11/13,12/13,3/14, 7/14, 11/15, 6/16, 10/16, 11/16, 6/17, 10/17, 7/19, 6/22, 8/22, 3/23 84 CC 03-07-2023
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4 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE

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

a. Retroactive to the first full pay period after July 1, 2022, a 5% salary increase will be added to the salary range of each classification in this unit. In addition, employees will receive a one-time non-pensionable $3,800 lump sum payment, which shall not be PERSable (i.e., counted towards base salary or final compensation for CalPERS retirement calculation).

See Attachment A for a list of paygrades.

Adopted by Action
of the City Council
April 1, 1974
Revised 8/78, 7/79, 6/80, 7/92, 6/95, 10/12, 7/13, 10/16, 7/19, 8/22 85 CC 03-07-2023
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5 City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 3

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

B. Non-Management Personnel
When authorized by their supervisor, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined below for each.

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

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

C. Meetings
A “meeting” shall mean a convention, conference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. 86 CC 03-07-2023
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6 D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City’s operations or to enhance the attendee’s capabilities in the discharge of assigned duties and responsibilities.

III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.

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

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

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

D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this 87 CC 03-07-2023
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7 instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.

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

If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel.

Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.

E. Meals

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

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

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

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

No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. 88 CC 03-07-2023
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8 No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department.

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

1. The personal portion of any trip;

2. Political or charitable contributions or events;

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

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

5. Gifts of any kind for any purpose;

6. Service club meals; of those besides economic development staff;

7. Alcoholic beverages;

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

9. Personal losses incurred while on City business.

IV ATTENDANCE AUTHORIZATION
A. Budgetary Limitations
Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.

B. Conference Attendance
Attendance at conferences or seminars by employees must be approved by their supervisor.

C. Meetings
Any employee, management or non-management, may attend a meeting when authorized by their supervisor.

D. Training Sessions
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9 Any employee, management or non-management, may attend a training session when authorized by their supervisor.

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

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

VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee’s return on the expense report described in Section VII.

VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item.

Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10
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10 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 4

AUTOMOBILE ALLOWANCES AND

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

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

Submission of reimbursement requests must be approved by the Department Head.

Employees in the following classifications shall be paid on a monthly basis the following automobile allowance:

Classification Allowance
Director of Administrative Services 300.00
Director of Community Development 300.00
Assistant City Manager 300.00
Director of Parks and Recreation 300.00
Director of Public Works 300.00
Chief Technology Officer/ 300.00
Director of Information Services
Special Project Executive 300.00
City Clerk 250.00
Senior Civil Engineer 250.00
Assistant Director of Public Works 250.00
City Engineer 250.00
Transportation Manager 250.00
Assistant Director of Parks and Recreation 200.00
Public Affairs Manager 200.00
Deputy City Manager 200.00
Recreation Supervisor 200.00
Recreation Manager 200.00

Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip.
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11 Adopted by Action of the City Council
April 1, 1974
Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90,7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 7/11, 10/12, 12/12, 7/13, 11/15, 10/16, 11/16, 6/17, 7/19, 8/22, 3/23 92 CC 03-07-2023
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12 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

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

Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval.

Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations.

Adopted by Action of
the City Council
April 1, 1974
Revised
7/92
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13 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 6

OVERTIME WORKED
EXEMPT POSITIONS:

Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day as long as the employee has his/her supervisor’s approval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period.

NON-EXEMPT POSITIONS:

Confidential employees are eligible for overtime or compensation time, at their discretion, for the time worked in excess of 40 hours per week. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, where forty hours have been worked in the same seven day period.

COMPENSATORY TIME OFF
At the employee’s discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash.

Employees, who have previously earned CTO, shall be allowed to schedule CTO at the employee’s discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing.

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

An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash.
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14 STANDBY COMPENSATION
Employees in the classification of Network Specialist who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated $300.00 per 128 hours. Minimum staffing and skill qualifications for standby assignment shall be determined by the City.

Adopted by Action of
the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97, 4/07, 7/13, 10/16, 8/22, 3/23 95 CC 03-07-2023
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15 City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 7

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

Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts.

If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in the employee’s gross pay.

Health In-Lieu Payments

City agrees to pay a monthly amount of three hundred seventy-five ($375.00) per month to the employee who can demonstrate that they have equivalent health coverage through their spouse, parent, or other group coverage and who request this cash payment in lieu of health insurance coverage.
*Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

Adopted by Action of the City Council
September 16, 1974
Revised
7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07,12/12, 7/13, 10/16, 7/19, 12/19, 8/22 96 CC 03-07-2023
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 8

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

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

1. New Year’s Day

2. Martin Luther King Day

3. Presidents’ Day

4. Memorial Day

5. Juneteenth

6. Independence day

7. Labor Day

8. Veteran’s Day

9. Thanksgiving Day

10. Day Following Thanksgiving

11. Christmas Eve

12. Christmas Day

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

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

Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 6/89, 7/92, 7/99, 7/13, 8/22
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17 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 9

LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY

INSURANCE
It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee’s annual salary to a maximum of $250,000.00.

Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees.

Adopted by Action of
the City Council
September 16, 1976
Revised 7/76, 6/80, 6/81, 6/82, 6/92, 10/16
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18 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 10

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

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

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

Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 7/87, 7/92, 7/99
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:

For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 formula.

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

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

For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average compensation.

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

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

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

Adopted by Action of
the City Council
June, 1981
Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10, 10/12, 12/12, 7/13, 10/16, 7/19 100
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Policy No. 12

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

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

Adopted by Action of
City Council
July 1, 1983
Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07, 10/12, 10/16, 7/19 101
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 13

ADMINISTRATIVE LEAVE
The department heads, Assistant City Manager(s) and Special Project Executive shall receive eighty (80) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive forty (40) hours of administrative leave with pay per year.

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

Employees shall be eligible to convert up to 80 hours of administrative leave to pay one time each calendar year.

Adopted by Action of
the City Council
July, 1988
Revised
7/92, 7/97, 7/99, 7/10, 12/12, 10/16, 8/22, 3/23
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Policy No. 14

EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature.

Adopted by Action of the City Council
June 17, 1996
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 15

VACATION ACCUMULATION
The department heads, Assistant City Manager(s) and Special Project Executive shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service.

Benefited full-time employees accrue vacation in accordance with the following schedule.

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

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

VACATION CREDITS
The hiring manager, with the approval of the department head and the City Manager, may offer a vacation bank of up to 120 hours of vacation to a prospective candidate in the Unrepresented group. These hours do not vest for payoff purposes if the employee leaves service.

Adopted by Action of the City Council
July 7, 1997
Revised 6/99, 7/10, 12/12, 7/13, 10/16, 3/23
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Policy No. 16

HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the department heads pursuant to Resolution No. 15-092.

Adopted by Action of the City Council
July 7, 1997
Revised 7/99, 7/10, 8/12, 10/15
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Policy No. 17
VISION INSURANCE – EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees.

The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council
July 1997
Revised 7/99, 6/02, 6/03, 7/10, 10/12
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Policy No. 18

WORK OUT OF CLASSIFICATION/WORK IN DUAL CLASSIFICATION
Work Out of Classification – Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification or at a rate five (5) percent greater than that of the regular position, whichever is greater, for the number of hours assigned. In order to qualify for out-of-classification pay, an employee shall work a minimum of four (4) hours per day in the temporary assignment.

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

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

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

All requests for out of class pay or acting pay must be approved by the Director of Administrative Services or his/her designee.

Adopted by Action of the City Council
October 2016
Revised 7/19
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Policy No. 19

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

The Education Reimbursement Program is a benefit to all full time benefited employees who have completed the required probationary period and provides education reimbursement of up to two thousand dollars($2,000) per calendar year for the cost of registration, required textbooks and/or materials and parking. Employees who wish to seek reimbursement from the City for educational program costs shall provide a written request for reimbursement in advance of enrollment to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Human Resources and the employee’s department head will make the determination if the chosen education program is eligible for reimbursement.

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

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

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

Adopted by Action of the City Council
July 2019
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Policy No. 20

CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Unrepresented employees shall have the privilege of enrollment in City sponsored recreation programs at the City residents’ fee structure and in preference to non-residents wishing to enroll. Each calendar year, employees and family members on the employee’s dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees shall be reimbursed for approved recreation services in accordance with the City’s Recreation Buck Policies.

Programs allowing for preregistration will be reimbursed after completion of the program, including those allowing for or requiring preregistration in the calendar year prior to reimbursement. Reimbursements shall be applied to the year in which they are received.

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

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

Adopted by Action of the City Council
July 2019
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Listing of Unrepresented Classifications by
Salary Rate or Pay Grades
Effective July 1, 2013 (Res. No. 13-061)
Amended 11/19/13 (Res. No. 13-099)
Amended 12/17/13 (Res. No. 13-108)
Amended 3/18/14 (Res. No. 14-130)
Amended 11/3/14 (Res. No. 14-209)
Amended 11/3/2015 (Res. No. 15-099)
Amended 6/21/16 (Res. No. 16-064)
Amended 10/4/16 (Res. No. 16-104 – Not adopted)
Amended 10/18/16 (Res. No. 16-108)
Amended 11/15/16 (Res. No. 16-128)
Amended 6/20/17 (Res. No. 17-056)
Amended 10/17/17 (Res. No. 17-101)
Amended 7/16/19 (Res. No. 19-086)
Amended 11/19/19 (Res. No. 19-140)
Amended 6/7/22 (Res. No. 22-067 on 6/9/22)
Amended 8/16/22 (Res. No. 22-103)
Amended 3/7/23 (Res. No. )
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30 ATTACHMENT A

SALARY SCHEDULE
Salary Effective First Full Pay Period in July 2022 - Corrected Emergency Services Coordinator 8/29/22, Separated out Assistant Director of Community Development and Building Official 3/7/23, Added Special Project Executive 3/7/23
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $45.03 $47.28 $49.64 $52.12 $54.73
ACCOUNTANT II $49.64 $52.12 $54.72 $57.46 $60.33
ACCOUNTING TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 ADMINISTRATIVE ASSISTANT $39.28 $41.24 $43.30 $45.47 $47.74 ASSISTANT CITY ATTORNEY $89.70 $94.18 $98.89 $103.83 $109.03 ASSISTANT CITY MGR $122.63 $128.76 $135.20 $141.96 $149.06 ASSISTANT TO THE CITY MANAGER $70.39 $73.91 $77.61 $81.49 $85.56 ASST DIR COMM DEV $87.73 $92.12 $96.72 $101.56 $106.64
ASST DIR PARKS AND RECREATION $87.73 $92.12 $96.72 $101.56 $106.64 ASST DIR PUBLIC WORKS $91.27 $95.83 $100.63 $105.66 $110.94 BUDGET MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
BUILDING OFFICIAL $82.45 $86.57 $90.90 $95.45 $100.22
BUSINESS SYSTEMS ANALYST $63.66 $66.84 $70.19 $73.70 $77.38 CAPITAL IMPV PROGRAM MGR $81.94 $86.04 $90.34 $94.86 $99.60 CHIEF TECHNOLOGY OFFICER $108.31 $113.73 $119.42 $125.39 $131.65 CITY CLERK $73.17 $76.82 $80.67 $84.70 $88.93
CITY ENGINEER $91.27 $95.83 $100.63 $105.66 $110.94
COMMUNITY RELATIONS COORDINATOR $45.28 $47.54 $49.92 $52.42 $55.04 DEPARTMENT HEAD $108.31 $113.73 $119.42 $125.39 $131.65 DEPUTY BUILDING OFFICIAL $71.33 $74.89 $78.64 $82.57 $86.70 DEPUTY CITY ATTORNEY $64.54 $67.77 $71.15 $74.71 $78.45 DEPUTY CITY CLERK $52.21 $54.82 $57.56 $60.44 $63.46
DEPUTY CITY MANAGER $87.73 $92.12 $96.72 $101.56 $106.64 DIRECTOR OF ADMIN SERVICES $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF COMM DEVELOPMENT $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PARKS AND RECREATION $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PUBLIC WORKS $111.48 $117.06 $122.91 $129.05 $135.51 ECONOMIC DEVELOPMENT MANAGER $78.76 $82.70 $86.83 $91.17 $95.73 EMERGENCY SERVICES COORDINATOR $64.02 $67.22 $70.58 $74.11 $77.81 ENVIRONMENTAL PROGRAMS MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 EXEC ASST TO CITY MANAGER $46.15 $48.46 $50.88 $53.43 $56.10 EXEC ASST TO THE CITY ATTNY $45.02 $47.28 $49.64 $52.11 $54.73 FINANCE MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
GIS COORDINATOR $48.48 $50.90 $53.45 $56.12 $58.93
GIS PROGRAM MANAGER $81.08 $85.13 $89.39 $93.86 $98.55
HUMAN RESOURCE ANALYST I $54.16 $56.87 $59.71 $62.70 $65.84 111
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31 HUMAN RESOURCES ANALYST II $59.72 $62.70 $65.84 $69.13 $72.58 HUMAN RESOURCES ASSISTANT $32.62 $34.25 $35.96 $37.76 $39.65 HUMAN RESOURCES MANAGER $82.03 $86.14 $90.44 $94.97 $99.71 HUMAN RESOURCES TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 I.T. ASSISTANT $43.92 $46.12 $48.42 $50.84 $53.39

INNOVATION AND TECHNOLOGY MGR -
APPLICATIONS $81.08 $85.13 $89.39 $93.86 $98.55

INNOVATION AND TECHNOLOGY MGR -
INFRASTRUCTURE $81.08 $85.13 $89.39 $93.86 $98.55
LEGAL SERVICES MANAGER $46.49 $48.82 $51.26 $53.82 $56.52 MANAGEMENT ANALYST $54.63 $57.36 $60.23 $63.24 $66.40
NETWORK SPECIALIST $56.19 $59.00 $61.95 $65.05 $68.30
PARK RESTORATION IMPV MGR $76.64 $80.48 $84.50 $88.72 $93.16 PERMIT CENTER MANAGER $71.33 $74.89 $78.64 $82.57 $86.70 PLANNING MANAGER $82.45 $86.57 $90.90 $95.45 $100.22
PUBLIC AFFAIRS MANAGER $70.47 $73.99 $77.69 $81.58 $85.66 PUBLIC INFORMATION OFFICER $70.39 $73.91 $77.61 $81.49 $85.56 PUBLIC WORKS PROJECT MANAGER $67.37 $70.74 $74.28 $77.99 $81.89 PUBLIC WORKS SUPERVISOR $56.79 $59.63 $62.61 $65.74 $69.03 PURCHASING MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
RECREATION MANAGER $57.98 $60.88 $63.92 $67.12 $70.47
RECREATION SUPERVISOR $52.59 $55.22 $57.98 $60.88 $63.92 SENIOR ACCOUNTANT $57.47 $60.34 $63.36 $66.52 $69.85
SENIOR ASSISTANT CITY ATTORNEY $98.68 $103.61 $108.79 $114.23 $119.94 SENIOR CIVIL ENGINEER $76.97 $80.81 $84.85 $89.10 $93.55 SENIOR MANAGEMENT ANALYST $59.72 $62.70 $65.84 $69.13 $72.58 SENIOR PUBLIC WORKS PROJECT MANAGER $70.74 $74.28 $77.99 $81.89 $85.98 SERVICE CENTER SUPERINTENDENT $72.61 $76.24 $80.05 $84.06 $88.26 SPECIAL PROJECT EXECUTIVE $108.31 $113.73 $119.42 $125.39 $131.65 SUSTAINABILITY MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 TRANSPORTATION MANAGER $81.94 $86.04 $90.34 $94.86 $99.60 WEB SPECIALIST $49.68 $52.17 $54.77 $57.51 $60.39
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1 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 1

PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY
It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time.

It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given.

Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant.

Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented.

MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS:

Classification Title
Accountant I
Accountant II
Accounting Technician
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development/Building Official Assistant Director of Public Works
Assistant Director of Parks and Recreation
Assistant to the City Manager
Budget Manager
Building Official
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head) City Clerk
City Engineer
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2 Community Relations Coordinator
Deputy Building Official
Deputy City Attorney
Deputy City Clerk
Deputy City Manager
Director of Administrative Services (Department Head)
Director of Community Development (Department Head)
Director of Parks and Recreation (Department Head)
Director of Public Works
Economic Development Manager
Emergency Services Coordinator
Environmental Programs Manager
Executive Assistant to the City Attorney
Executive Assistant to the City Manager
Finance Manager
GIS Coordinator
GIS Program Manager
Human Resources Analyst I
Human Resources Analyst II
Human Resources Assistant
Human Resources Manager
Human Resources Technician
Information Technology Assistant
Innovation and Technology Manager – Applications
Innovation and Technology Manager - Infrastructure
Legal Services Manager
Management Analyst
Network Specialist
Park Restoration and Improvement Manager
Permit Center Manager
Planning Manager
Public Information Officer
Public Affairs Manager
Public Works Projects Manager
Public Works Supervisor
Purchasing Manager
Recreation Manager
Recreation Supervisor
Senior Accountant
Senior Assistant City Attorney
Senior Civil Engineer
Senior Management Analyst
Senior Public Works Project Manager
Service Center Superintendent
Special Project Executive
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3 Sustainability Manager
Transportation Manager
Web Specialist
In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control.

Adopted by Action of the
City Council, April 1, 1974
Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 10/12, 12/12, 7/13,11/13,12/13,3/14, 7/14, 11/15, 6/16, 10/16, 11/16, 6/17, 10/17, 7/19, 6/22, 8/22, 3/23 115
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE

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

a. Retroactive to the first full pay period after July 1, 2022, a 5% salary increase will be added to the salary range of each classification in this unit. In addition, employees will receive a one-time non-pensionable $3,800 lump sum payment, which shall not be PERSable (i.e., counted towards base salary or final compensation for CalPERS retirement calculation).

See Attachment A for a list of paygrades.

Adopted by Action
of the City Council
April 1, 1974
Revised 8/78, 7/79, 6/80, 7/92, 6/95, 10/12, 7/13, 10/16, 7/19, 8/22 Formatted: Font: (Default) Palatino Linotype, Font color:

Auto
Formatted: Font: (Default) Palatino Linotype, No underline, Font color: Auto
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5 City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 3

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

B. Non-Management Personnel
When authorized by their supervisor, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined below for each.

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

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

C. Meetings
A “meeting” shall mean a convention, conference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. 117
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6 D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City’s operations or to enhance the attendee’s capabilities in the discharge of assigned duties and responsibilities.

III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.

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

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

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

D. Lodging
Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this 118
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7 instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.

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

If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel.

Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.

E. Meals

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

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

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

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

No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. 119
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8 No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department.

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

1. The personal portion of any trip;

2. Political or charitable contributions or events;

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

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

5. Gifts of any kind for any purpose;

6. Service club meals; of those besides economic development staff;

7. Alcoholic beverages;

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

9. Personal losses incurred while on City business.

IV ATTENDANCE AUTHORIZATION
A. Budgetary Limitations
Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations.

B. Conference Attendance
Attendance at conferences or seminars by employees must be approved by their supervisor.

C. Meetings
Any employee, management or non-management, may attend a meeting when authorized by their supervisor.

D. Training Sessions
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9 Any employee, management or non-management, may attend a training session when authorized by their supervisor.

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

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

VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business on the City’s behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee’s return on the expense report described in Section VII.

VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item.

Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10
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10 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 4

AUTOMOBILE ALLOWANCES AND

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

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

Submission of reimbursement requests must be approved by the Department Head.

Employees in the following classifications shall be paid on a monthly basis the following automobile allowance:

Classification Allowance
Director of Administrative Services 300.00
Director of Community Development 300.00
Assistant City Manager 300.00
Director of Parks and Recreation 300.00
Director of Public Works 300.00
Chief Technology Officer/ 300.00
Director of Information Services
Special Project Executive 300.00
City Clerk 250.00
Senior Civil Engineer 250.00
Assistant Director of Public Works 250.00
City Engineer 250.00
Transportation Manager 250.00
Assistant Director of Parks and Recreation 200.00
Public Affairs Manager 200.00
Deputy City Manager 200.00
Recreation Supervisor 200.00
Recreation Manager 200.00

Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip.
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11 Adopted by Action of the City Council
April 1, 1974
Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90,7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 7/11, 10/12, 12/12, 7/13, 11/15, 10/16, 11/16, 6/17, 7/19, 8/22, 3/23 123
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12 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

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

Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval.

Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations.

Adopted by Action of
the City Council
April 1, 1974
Revised
7/92
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13 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 6

OVERTIME WORKED
EXEMPT POSITIONS:

Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day as long as the employee has his/her supervisor’s approval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period.

NON-EXEMPT POSITIONS:

Confidential employees are eligible for overtime or compensation time, at their discretion, for the time worked in excess of 40 hours per week. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, where forty hours have been worked in the same seven day period.

COMPENSATORY TIME OFF
At the employee’s discretion, compensatory time (CTO) may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash.

Employees, who have previously earned CTO, shall be allowed to schedule CTO at the employee’s discretion provided (1) that prior supervisory approval has been obtained and (2) the request is made in writing.

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

An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash.
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14 STANDBY COMPENSATION
Employees in the classification of Information and Technology AssistantNetwork Specialist who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated $300.00 per 128 hours. Minimum staffing and skill qualifications for standby assignment shall be determined by the City.

Adopted by Action of
the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97, 4/07, 7/13, 10/16, 8/22, 3/23 Formatted: Underline
Formatted: Underline
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15 City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 7

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

Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts.

If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in the employee’s gross pay.

Health In-Lieu Payments

City agrees to pay a monthly amount of three hundred seventy-five ($375.00) per month to the employee who can demonstrate that they have equivalent health coverage through their spouse, parent, or other group coverage and who request this cash payment in lieu of health insurance coverage.

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

Adopted by Action of the City Council
September 16, 1974
Revised
7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07,12/12, 7/13, 10/16, 7/19, 12/19, 8/22 128
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 8

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

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

1. New Year’s Day

2. Martin Luther King Day

3. Presidents’ Day

4. Memorial Day

5. Juneteenth

6. Independence day

7. Labor Day

8. Veteran’s Day

9. Thanksgiving Day

10. Day Following Thanksgiving

11. Christmas Eve

12. Christmas Day

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

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

Adopted by Action of
the City Council
July 7, 1975
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18 Revised 6/80, 6/89, 7/92, 7/99, 7/13, 8/22
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19 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 9

LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY

INSURANCE
It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and one half times the employee’s annual salary to a maximum of $250,000.00.

Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees.

Adopted by Action of
the City Council
September 16, 1976
Revised 7/76, 6/80, 6/81, 6/82, 6/92, 10/16
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 10

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

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

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

Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 7/87, 7/92, 7/99
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:

For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 formula.

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

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

For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average compensation.

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

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

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

Adopted by Action of
the City Council
June, 1981
Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10, 10/12, 12/12, 7/13, 10/16, 7/19 133
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 12

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

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

Adopted by Action of
City Council
July 1, 1983
Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07, 10/12, 10/16, 7/19 134
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23 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 13

ADMINISTRATIVE LEAVE
The department heads, Assistant City Manager(s) and Special Project Executive shall receive eighty (80) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive forty (40) hours of administrative leave with pay per year.

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

Employees shall be eligible to convert up to 80 hours of administrative leave to pay one time each calendar year.

Adopted by Action of
the City Council
July, 1988
Revised
7/92, 7/97, 7/99, 7/10, 12/12, 10/16, 8/22, 3/23
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 14

EMPLOYEE ASSISTANCE PROGRAM
It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature.

Adopted by Action of the City Council
June 17, 1996
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 15

VACATION ACCUMULATION
The department heads, Assistant City Manager(s) and Special Project Executive shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service.

Benefited full-time employees accrue vacation in accordance with the following schedule.

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

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

VACATION CREDITS
The hiring manager, with the approval of the department head and the City Manager, may offer a vacation bank of up to 120 hours of vacation to a prospective candidate in the Unrepresented group. These hours do not vest for payoff purposes if the employee leaves service.

Adopted by Action of the City Council
July 7, 1997
Revised 6/99, 7/10, 12/12, 7/13, 10/16, 3/23
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 16

HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the department heads pursuant to Resolution No. 15-092.

Adopted by Action of the City Council
July 7, 1997
Revised 7/99, 7/10, 8/12, 10/15
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17
VISION INSURANCE – EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees.

The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council
July 1997
Revised 7/99, 6/02, 6/03, 7/10, 10/12
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UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18

WORK OUT OF CLASSIFICATION/WORK IN DUAL CLASSIFICATION
Work Out of Classification – Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification or at a rate five (5) percent greater than that of the regular position, whichever is greater, for the number of hours assigned. In order to qualify for out-of-classification pay, an employee shall work a minimum of four (4) hours per day in the temporary assignment.

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

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

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

All requests for out of class pay or acting pay must be approved by the Director of Administrative Services or his/her designee.

Adopted by Action of the City Council
October 2016
Revised 7/19
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29 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 19

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

The Education Reimbursement Program is a benefit to all full time benefited employees who have completed the required probationary period and provides education reimbursement of up to two thousand dollars($2,000) per calendar year for the cost of registration, required textbooks and/or materials and parking. Employees who wish to seek reimbursement from the City for educational program costs shall provide a written request for reimbursement in advance of enrollment to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Human Resources and the employee’s department head will make the determination if the chosen education program is eligible for reimbursement.

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

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

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

Adopted by Action of the City Council
July 2019
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30 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 20

CITY SPONSORED RECREATION AND WELLNESS PROGRAMS
Unrepresented employees shall have the privilege of enrollment in City sponsored recreation programs at the City residents’ fee structure and in preference to non-residents wishing to enroll. Each calendar year, employees and family members on the employee’s dental plan are eligible to be reimbursed up to $500 per employee in Rec Bucks. Employees shall be reimbursed for approved recreation services in accordance with the City’s Recreation Buck Policies.

Programs allowing for preregistration will be reimbursed after completion of the program, including those allowing for or requiring preregistration in the calendar year prior to reimbursement. Reimbursements shall be applied to the year in which they are received.

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

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

Adopted by Action of the City Council
July 2019
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31 City of Cupertino
Listing of Unrepresented Classifications by
Salary Rate or Pay Grades
Effective July 1, 2013 (Res. No. 13-061)
Amended 11/19/13 (Res. No. 13-099)
Amended 12/17/13 (Res. No. 13-108)
Amended 3/18/14 (Res. No. 14-130)
Amended 11/3/14 (Res. No. 14-209)
Amended 11/3/2015 (Res. No. 15-099 )
Amended 6/21/16 (Res. No. 16-064 )
Amended 10/4/16 (Res. No. 16-104 – Not adopted )
Amended 10/18/16 (Res. No. 16-108 )
Amended 11/15/16 (Res. No. 16-128 )
Amended 6/20/17 (Res. No. 17-056 )
Amended 10/17/17 (Res. No. 17-101 )
Amended 7/16/19 (Res. No. 19-086 )
Amended 11/19/19 (Res. No. 19-140 )
Amended 6/7/22 (Res. No. 22-067 on 6/9/22 )
Amended 8/16/22 (Res. No. 22-103 )
Amended 3/7/23 (Res. No )
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32 ATTACHMENT A

SALARY SCHEDULE
Salary Effective First Full Pay Period in July 2022 - Corrected Emergency Services Coordinator 8/29/22, Separated out Assistant Director of Community Development and Building Official 3/7/23, Added Special Project Executive 3/7/23
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $45.03 $47.28 $49.64 $52.12 $54.73
ACCOUNTANT II $49.64 $52.12 $54.72 $57.46 $60.33
ACCOUNTING TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 ADMINISTRATIVE ASSISTANT $39.28 $41.24 $43.30 $45.47 $47.74 ASSISTANT CITY ATTORNEY $89.70 $94.18 $98.89 $103.83 $109.03 ASSISTANT CITY MGR $122.63 $128.76 $135.20 $141.96 $149.06 ASSISTANT TO THE CITY MANAGER $70.39 $73.91 $77.61 $81.49 $85.56 ASST DIR COMM DEV/BUILDING OFFICIAL $87.73 $92.12 $96.72 $101.56 $106.64 ASST DIR PARKS AND RECREATION $87.73 $92.12 $96.72 $101.56 $106.64 ASST DIR PUBLIC WORKS $91.27 $95.83 $100.63 $105.66 $110.94 BUDGET MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
BUILDING OFFICIAL $82.45 $86.57 $90.90 $95.45 $100.22
BUSINESS SYSTEMS ANALYST $63.66 $66.84 $70.19 $73.70 $77.38 CAPITAL IMPV PROGRAM MGR $81.94 $86.04 $90.34 $94.86 $99.60 CHIEF TECHNOLOGY OFFICER $108.31 $113.73 $119.42 $125.39 $131.65 CITY CLERK $73.17 $76.82 $80.67 $84.70 $88.93
CITY ENGINEER $91.27 $95.83 $100.63 $105.66 $110.94
COMMUNITY RELATIONS COORDINATOR $45.28 $47.54 $49.92 $52.42 $55.04 DEPARTMENT HEAD $108.31 $113.73 $119.42 $125.39 $131.65 DEPUTY BUILDING OFFICIAL $71.33 $74.89 $78.64 $82.57 $86.70 DEPUTY CITY ATTORNEY $64.54 $67.77 $71.15 $74.71 $78.45 DEPUTY CITY CLERK $52.21 $54.82 $57.56 $60.44 $63.46
DEPUTY CITY MANAGER $87.73 $92.12 $96.72 $101.56 $106.64 DIRECTOR OF ADMIN SERVICES $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF COMM DEVELOPMENT $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PARKS AND RECREATION $108.31 $113.73 $119.42 $125.39 $131.65 DIRECTOR OF PUBLIC WORKS $111.48 $117.06 $122.91 $129.05 $135.51 ECONOMIC DEVELOPMENT MANAGER $78.76 $82.70 $86.83 $91.17 $95.73 EMERGENCY SERVICES COORDINATOR $64.02 $67.22 $70.58 $74.11 $77.81 ENVIRONMENTAL PROGRAMS MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 EXEC ASST TO CITY MANAGER $46.15 $48.46 $50.88 $53.43 $56.10 EXEC ASST TO THE CITY ATTNY $45.02 $47.28 $49.64 $52.11 $54.73 FINANCE MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
GIS COORDINATOR $48.48 $50.90 $53.45 $56.12 $58.93
GIS PROGRAM MANAGER $81.08 $85.13 $89.39 $93.86 $98.55
HUMAN RESOURCE ANALYST I $54.16 $56.87 $59.71 $62.70 $65.84 144
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33 HUMAN RESOURCES ANALYST II $59.72 $62.70 $65.84 $69.13 $72.58 HUMAN RESOURCES ASSISTANT $32.62 $34.25 $35.96 $37.76 $39.65 HUMAN RESOURCES MANAGER $82.03 $86.14 $90.44 $94.97 $99.71 HUMAN RESOURCES TECHNICIAN $44.66 $46.89 $49.24 $51.70 $54.28 I.T. ASSISTANT $43.92 $46.12 $48.42 $50.84 $53.39

INNOVATION AND TECHNOLOGY MGR -
APPLICATIONS $81.08 $85.13 $89.39 $93.86 $98.55

INNOVATION AND TECHNOLOGY MGR -
INFRASTRUCTURE $81.08 $85.13 $89.39 $93.86 $98.55
LEGAL SERVICES MANAGER $46.49 $48.82 $51.26 $53.82 $56.52 MANAGEMENT ANALYST $54.63 $57.36 $60.23 $63.24 $66.40
NETWORK SPECIALIST $56.19 $59.00 $61.95 $65.05 $68.30
PARK RESTORATION IMPV MGR $76.64 $80.48 $84.50 $88.72 $93.16 PERMIT CENTER MANAGER $71.33 $74.89 $78.64 $82.57 $86.70 PLANNING MANAGER $82.45 $86.57 $90.90 $95.45 $100.22
PUBLIC AFFAIRS MANAGER $70.47 $73.99 $77.69 $81.58 $85.66 PUBLIC INFORMATION OFFICER $70.39 $73.91 $77.61 $81.49 $85.56 PUBLIC WORKS PROJECT MANAGER $67.37 $70.74 $74.28 $77.99 $81.89 PUBLIC WORKS SUPERVISOR $56.79 $59.63 $62.61 $65.74 $69.03 PURCHASING MANAGER $82.03 $86.14 $90.44 $94.97 $99.71
RECREATION MANAGER $57.98 $60.88 $63.92 $67.12 $70.47
RECREATION SUPERVISOR $52.59 $55.22 $57.98 $60.88 $63.92 SENIOR ACCOUNTANT $57.47 $60.34 $63.36 $66.52 $69.85
SENIOR ASSISTANT CITY ATTORNEY $98.68 $103.61 $108.79 $114.23 $119.94 SENIOR CIVIL ENGINEER $76.97 $80.81 $84.85 $89.10 $93.55 SENIOR MANAGEMENT ANALYST $59.72 $62.70 $65.84 $69.13 $72.58 SENIOR PUBLIC WORKS PROJECT MANAGER $70.74 $74.28 $77.99 $81.89 $85.98 SERVICE CENTER SUPERINTENDENT $72.61 $76.24 $80.05 $84.06 $88.26 SPECIAL PROJECT EXECUTIVE $108.31 $113.73 $119.42 $125.39 $131.65 SUSTAINABILITY MANAGER $76.07 $79.87 $83.87 $88.06 $92.46 TRANSPORTATION MANAGER $81.94 $86.04 $90.34 $94.86 $99.60 WEB SPECIALIST $49.68 $52.17 $54.77 $57.51 $60.39
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Special Project Executive
Description
This is an executive level position responsible for negotiating with developers, land use attorneys, and financiers to facilitate and expedite the development review process and real property land use, including lease agreements for the City of Cupertino, often involving complex, highly specialized or difficult real property acquisition and lease maintenance issues.

Under the administrative direction of the City Manager, the incumbent will have a key role working on development opportunities with other senior managers including the City Attorney, Assistant City Manager and City Department Heads. The incumbent will also be assigned to manage and direct the various issues resulting from the City's diversified real estate programs and will perform work of unusual difficulty and complexity.

Supervision Received and Exercised
May supervise administrative support staff, consultants, technical and professional employees as assigned.

Typical Job Functions
Management reserves the right to add, modify, change, or rescind the work assignments of different positions and to make reasonable accommodations so that qualified employees can perform the essential functions of the job.

With general direction:

Negotiate the terms and conditions of complex and highly technical agreements and real property transactions, involving land use entitlements and zoning between the City, property owners, businesses and other agencies.

Manage and administer development agreements and all lease-related entitlements, construction, and financial components.

Manage, coordinate and monitor all City leases and related financial matters such as on-going lease payments and periodic adjustments, and other legal issues to ensure all conditions and requirements of such agreements are met.

Attend meetings of the City Council and other public meetings and advises the City Manager and presents facts, information and recommendations to them.

Provide management and staff support for the City Manager, including representing the City Manager at community and professional meetings.

Develop and administer commercial real estate development strategies and programs. 146
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Analyze leases, agreements, options, deeds and contracts, and makes recommendations to the City Manager as to the formulation of policy and legislation requirements.

Develop and conduct economic studies, needs assessments and research analysis.

Develop qualitative and quantitative measures to evaluate program/project financial status, customer satisfaction, contractor performance, and public relations.

Supports the City Management team in evaluating and identify process or service gaps or risks by reviewing performance goals and metrics and recommends organizational process improvements or changes not limited to leadership focus and direction, staff and department resources, process and policies updates, and team building plans.

Facilitates the development of communication and partnerships to address and improve efficiency of community development service delivery, policy & process effectiveness, helps develop strong linkages between City staff and the City Manager's office and ensures consistent implementation of Council decisions/directions.

Coordinates with City Attorney’s Office on the preparation and review of required contract and/or legal documents.

May be assigned other functions or responsibilities at the discretion of the City Manager.

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 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.

Principles and practices of project financing, real estate, land development and public policy.

Contract negotiation techniques and strategies.

Land Use proceedings and prevailing rental and lease charges.

City government, particularly the processes and departments involved with handling real property transactions.

Financial techniques and procedures relating to real estate and business development, industrial development and land financing.

Federal, State and local regulations dealing with economic development and redevelopment. 147
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Principles, practices, and methods as applied to General Plans, zoning, building codes, housing, finance, and federal grants administration.

Principles and practices of effective leadership and management techniques, e.g., team building practices, problem solving and conflict resolution, project and workload planning and safety procedures and standards.

Ability to:

Negotiate difficult, highly technical and/or complicated transactions.

Draw conclusions and project consequences of decisions and recommendations.

Establish and maintain positive and effective relationships with City employees, including elected and senior officials and managers, business and community leaders, general public, contractors and other governmental representatives.

Work as team player and be willing to deliver excellent customer service to both internal and external City clients.

Strong interpersonal skills and communicate effectively both orally and in writing to consistently represent facts and situations accurately, transmit information concisely and in an effective manner, and present a balanced picture of situations.

Prepare and present highly technical and complex written and oral reports to City Manager, City Council, business community, residents and businesses, and City staff.

Work effectively in time-sensitive situations and meet deadlines; coordinate multiple projects and complex tasks simultaneously.

Remain current with contemporary land use concepts and processes.

Be an active member of the executive management team and work effectively to achieve common goals.

Understand the big picture and develop project from concept to completion.

Identify policy issues and work with staff to develop options and recommend solutions.

Analyze economic, financial and legal information.

Review and analyze important detailed and highly complex technical real property acquisition records and reports.

Review development and redevelopment proposals for compliance.

Understand the public service environment and to build trust with all of the key stakeholders.

Exercise good judgment in structuring and organizing work and setting priorities, balancing the interests of clients and readily readjusting priorities to respond to customers.

Act as spokesperson on real property matters.
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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:

Graduation from an accredited college or university with a bachelor’s degree in Public or Business Administration, Planning, Architecture, Engineering, Finance, or a closely related field. Five (5) years of extensive and progressively responsible experience in community development, economic development, public works, planning, real property, or finance, preferably in the public sector. At least three (3) years of management experience working with senior managers on significant and/or complex development projects is required. A Master's degree in Business or Public Administration, Economics, Finance, Planning, or a closely related field 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.

Physical Demands
Must possess mobility to work in a standard office setting and use standard office equipment, including a computer. To operate a motor vehicle and to visit various City and meeting sites. Vision to read printed materials and a computer screen, and hearing and speech to communicate in person, before groups, and over the telephone. This is primarily a sedentary office classification although standing and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, typewriter keyboard, or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information.

Environmental Elements
Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing policies and procedures.

FLSA: Exempt
Est. 03/2023
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CITY OF CUPERTINO
Agenda Item
23-11944 Agenda Date: 3/7/2023
Agenda #: 1.

Subject: Consider a proclamation declaring March as Youth Arts Month Present proclamation declaring March as Youth Arts Month CITY OF CUPERTINO Page 1 of 1 Printed on 2/28/2023
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="'-='-f -"-=-'-=:Ia,'pfOREIS,"" ' The City of Cupertino is committed to supporting the.arts to. -' :"I':fJ:::(7.i:a inspireandpreparestudentsforsuccessinthe21"'century,andto' :' .','-..a helpouryouthdevelopasproductive,contributingmembersofa ' :'..2. strong community; and ". -
' ,a ::WHEREAS, Along with the Santa Clara County Office of Education, we share.'.lL f.'...-f the vision of ensuring that students have access to a high-quality' _ = -. atts education that is culhirally relevant and inclusive in all forms. _ " I. " as part of a comprehensive education that sparks curiosity, - imagination, creativity, and joy; and .. _:,..-, '
" .. - WHEREAS, The month of March is recognized as Youth Arts Month in the" ' a.. = 2 State of California, and is an annual celebration to emphasize the . _-. value of art education for all children while encouraging support- .- " ,' a. for art programs in schools; and - :-s
...a ' ,, WHEREAS, Atts-learning strategies and arts integration help teachers to ,_ tecognize and build upon critical qtinking skills, curiosity, _':'l" ' flexibility, communication, innovation, collaboration, and are traits .: '_ . ",' required for post-secondary and workplace success; and i fJ.:" . WREAS, Each March, art education is celebrated in local schools, school ':- a districts, community arts organizations, and larger cornrnunities to. ' .-"' Jl3f :._:<-',.. increasesupport,understanding,andinterestinarteducation. -' .'.',_;.5'.' = ','o.'_7:.jffiEREPORE, I, Mayor Hung Wei, and the Cupertino City Council do her.eby f -a' .'.::s, ( % ,, , l'> " " : _ - , ' - proclaim the month of March in the City of Cupertino as ' . a. ' <-':,.' 7'.:',-.'-'.' :,_,.. a. 9 =-':i;1.,y;i,"
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CITY OF CUPERTINO
Agenda Item
23-12030 Agenda Date: 3/7/2023
Agenda #: 2.

Subject: Consider approval of the February 3 City Council minutes and receive consultant workshop report
Approve the February 3 City Council minutes and receive the consultant workshop report (Exhibit A)
CITY OF CUPERTINO Page 1 of 1 Printed on 3/1/2023
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Friday, February 3, 2023

SPECIAL MEETING
At 2:03 p.m., Mayor Hung Wei called the Special City Council Meeting to order in the Cupertino Library, Room 101, 10800 Torre Avenue, Cupertino, California 95014.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao (2:13 p.m.), J.R. Fruen and Kitty Moore. Absent: none.

COUNCIL WORKSHOP

1. Subject: City Council Governance Workshop
Recommended Action: Receive and discuss presentation regarding City Council governance
Written communications for this item included a consultant presentation, agenda handout and article from the Institute for Local Government (ILG), “Attributes of Exceptional Councils,” and emails to Council.

Mayor Hung Wei introduced the session.

Mayor Wei opened the public comment period and the following people spoke.

Planning Commissioner R Wang (representing self) was concerned about transparency and accountability, limiting public comment, and improving the contracts approval process.

Jennifer Griffin was concerned about State actions to take away local control and supported teaching and preserving the history of California.

Peggy Griffin supported a system of trust between Council, staff, and the public and publishing informational memos provided to Council; and was concerned about the 153
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City Council Minutes February 3, 2023
appearance of undue influence on Councilmembers during deliberations and limiting the public from pulling consent calendar items. (Submitted written comments).

Lisa Warren was concerned about following the City’s organizational model and residents not being represented, and supported a later meeting start time when more people can attend.

Brooke Ezzat was concerned about Council leadership and policies exercising control over the organization.

Mayor Wei closed the public comment period.

City Manager Pamela Wu provided the purpose of the training.

Consultants Dave Sykes and Mary Locey with Baker Tilly facilitated the workshop.

Facilitator Dave Sykes gave a presentation.

The Council discussed best practices of governance and clarifying roles.

The facilitators created a workshop report containing a summary of the discussions which is available in Exhibit A (attached).

ADJOURNMENT
At 5:58 p.m., Mayor Wei adjourned the Special City Council Meeting. ________________________
Kirsten Squarcia, City Clerk
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February 2023
City of Cupertino
City Council Governance Workshop
Held February 3, 2023
Exhibit A
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City Council Governance Workshop
Table of Contents Baker Tilly
i
Table of Contents
Workshop Report ................................................................................................................................... 1 Workshop Overview....................................................................................................................... 1 Opening Comments ....................................................................................................................... 3 Icebreaker Exercise ........................................................................................................................ 4 Best Practices for Effective Governance ......................................................................................... 4 Communications Between Council and Staff ................................................................................ 10 Establishing Council Norms.......................................................................................................... 10 Closing Comments ....................................................................................................................... 11 Wrap-up and Next Steps .............................................................................................................. 12 157
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City Council Governance Workshop
Workshop Report Baker Tilly
1 Workshop Report
The City of Cupertino held a Council workshop on Friday, February 3, 2023, from 2:00 p.m. to 6:00 p.m. at the Cupertino Public Library. The workshop provided an opportunity for Councilmembers to review themes from the Council interviews conducted by Baker Tilly, strengthen their effectiveness, clarify roles within the governance and administration structure, and establish norms for working together. This report contains a summary of the results of the workshop session.

Dave Sykes (Special Advisor) and Mary Locey (Consulting Manager) with Baker Tilly facilitated the workshop.

Workshop Overview
Objectives
• Strengthen effectiveness of the City Council as a governing body, • Clarify roles within the governance and administrative structure, and • Establish agreement on norms for working together and with staff on behalf of the Cupertino community.
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City Council Governance Workshop
Workshop Report Baker Tilly
2 Participants
City Council
Staff
• Pamula Wu, City Manager
• Matt Morley, Assistant City Manager
• Debra Nascimento, Executive Assistant to the City Manager • Christopher Jensen, City Attorney
• Kirsten Squarcia, City Clerk
• Kristina Alfaro, Administrative Services Director
• Benjamin Fu, Community Development Director
• Luke Connolly, Acting Community Development Director
• Rachelle Sander, Parks and Recreation Director
• Chad Mosley, Acting Public Works Director
Agenda
• Welcome and call to order by the Mayor
• Public comments
• Review workshop agenda, purpose, and objectives
• Ice breaker
• Discuss best practices for effective governance
• Establish council norms
• Wrap up and next steps
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City Council Governance Workshop
Workshop Report Baker Tilly
3 Workshop Ground Rules
At the start of the workshop, the facilitator suggested several ground rules to help the group have a successful workshop. • Assume good intent,
• Listen to understand,
• Seek consensus, and
• Focus on creating a positive path for all.

Bike Rack
The facilitator explained that items that were brought up but could not be discussed today would be added to a “bike rack” for follow up or discussion at another time. The following items were added to the bike rack during the workshop.
• Community engagement
o Create project timelines
o Create a policy for engagement
o Balance engagement for all demographics
• Staff retention
• Housing element
• Staff recommendations, alternative analysis, and options; at what level? Workshop Preparation
In preparation for the workshop, the facilitators held individual interviews with each Councilmember and discussed workshop objectives with the City Manager and executive team. Baker Tilly prepared an agenda and PowerPoint presentation along with other materials to guide discussions during the session.

Opening Comments
Mayor Wei convened the Council meeting and asked for the roll call. The Mayor welcomed everyone and thanked Councilmembers for attending the workshop.

The Mayor then opened the public comment period, noting that this was a workshop and it would be the only time for the public to speak. The Mayor then turned the meeting over to the City Manager.

City Manager Wu welcomed the opportunity for staff and the Council to work together in this workshop setting toward improved relations and governance.

She briefly noted that this workshop stemmed from comments made by Councilmembers during her recruitment and the workshop was in the planning stages prior to the release of the Grand Jury Report.
1 1Santa Clara County Civil Grand Jury, A House Divided: Cupertino City Council and City Staff, December 2022.
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4 City Manager Wu said the goal of the workshop is to build a team approach because the Council, staff, and the community are one team working together for the good of Cupertino. City Manager Wu then turned the session over to the facilitators.

Dave introduced himself and Mary and reviewed the workshop agenda, objectives, and ground rules.

Icebreaker Exercise
The facilitators began the workshop by asking each Councilmember and staff to write their first paid job on a piece of paper. Upon collecting the written responses, Dave read the responses aloud and asked for the group to identify who held that position. It was an open forum for guessing and the guesses were nearly 100% correct.

Best Practices for Effective Governance
Dave opened the workshop by noting that serving the community well requires establishing goals and a great deal of teamwork. The workshop was planned with this in mind and tailored to the needs of Cupertino.

To prepare for the workshop, the facilitators interviewed each Councilmember to solicit their input about what they would find helpful to review and discuss during the workshop. The themes that surfaced were shared with the group and are listed below in no particular order.
• Refresher on roles (Council, City Manager, City Attorney) • Reinforce the importance of asking questions in advance of Council meetings and discuss the methods) of asking questions of staff • How to improve the efficiency of meetings to reduce the length; improve order of discussions
• Importance of professionalism, respect for each other and staff, and creating a collaborative environment
• What it means for the Council to establish standards and have them consistently implemented by staff
• Communications with staff; what is appropriate and how • Providing status reports on policy and projects once approved by Council
Effective Councils
The facilitator then led a discussion focused on best practices for effective governance and provided information on what makes a Council work well as a governing body. A few slides from the workshop are shown below. 162
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5 Institute for Local Government
Effec�ve Councils
Unity of Purpose Clear Roles and
Responsibili�es
Posi�ve
Governance
Culture
Norms,
Protocols and
Policies
12 What Makes a
Council Work
Well
You can be a solid
Council member and a
team player
Requires clear roles,
coopera�on,
compromise and
commitment to
rela�onships
13 Effec�ve
Governing is a
Team Sport
Demonstra�ng respect
builds the team
Together
Work
We
Strategic
Direc�on
Achieving
Results
Recruitment
and Reten�on
Economic
Development
Community
Opinion
14 Why is
Effec�ve
Governing
Important?
Council
teamwork
directly
impacts these
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6 Building on this, the facilitators distributed the Institute for Local Government “Attributes of Exceptional Councils” article and discussed the six attributes from the article with the group. The attributes are shown below.

Several Councilmembers noted they had read the article previously and found it insightful. Dave asked the group what resonated with them from the article and their responses are shown below.
• Offering praise when it is due.
• With a high staff turnover, City Council needs the information and data to review and make adjustments (e.g., higher salaries, change classifications) if needed.
• Council does not get involved in operations of the City. • We are one team: staff, Council, community.
• City Manager makes routine operational decisions to achieve Council direction.
• Respect that City Council is the decision maker, and that City Manager and staff follow that direction.
• Staff should return to the Council with adjustments during implementation for new direction or to update about the reasons for change.
• Important for the City Manager and staff to bring information to Council.
• Level of decision making needs to be clarified.

Dave then engaged the group in discussion and emphasized open communication, regular meetings with the City Manager, and working toward limiting surprises with each other.

1. Have a sense of team; a partnership with the city manager to govern and manage the city

2. Have clear roles and responsibilities that are understood and adhered

3. Honor the relationship with staff and each other

4. Routinely conduct effective meetings

5. Hold themselves and the city accountable

6. Have members who practice continuous improvement
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7 Teamwork
Next, the topic of teamwork and the importance of understanding the roles of the council-manager form of government was introduced. The following slide was reviewed and discussed by the group.

Discussion
Highlights of Council comments follow, along with feedback provided by facilitator Dave Sykes.
• We are building trust that the Council gives direction and that the City Manager and staff will deliver results.
• Council provides high-level direction; sets goals.
• Beautiful projects are delivered, such as the library extension, but issues arise such as not having a landscape plan for the garden area. o Dave noted that we learn from mistakes and move forward. If there are concerns, Council should address them with the City Manager to work with staff.
• Are staff recommendations what staff wants? Are staff recommendations made against Council wishes or what Council requested or directed?
o Dave responded that staff is bound by their professional expertise to present recommendations that are in the best interest of the organization and community even if that is not what was envisioned by an individual Council member or
directed by the Council. Further, staff should not focus on what the votes may be when preparing recommendations.
o Council’s role is to decide whether to accept the
recommendation as presented, modify it, or reject it.
• Council should be provided with options. When there is only one recommendation, the public will not know the pros and cons of other options.
o Dave responded that staff weighs options to arrive at a recommendation and providing that level of detail in staff Effec�ve Council-City Manager Teamwork
Makes for Good Policy and Solid Organizations
• Respect the professionalism of staff and assume
good intent
• Be sensi�ve to the need to pace the
organiza�on
• Allow City Manager to translate policy interests
and priori�es to achieve ac�on
• Refrain from direc�ng staff- even informally
• Fix the problem not the blame– to help create a
“no blame” culture
• Do not cri�cize staff– if Councilmembers have
concerns, bring them to City Manager privately
• Carry out the role as chief execu�ve– provide
leadership to City staff and ensure
accountability
• Be direct with Council
• Prac�ce the “no surprise” rule
• Communicate equally with all members of
Council
• Provide clear analysis and recommenda�ons
to Council
• City Manager will work to help Council see
the “big picture” including impacts of policy
posi�ons
City Council City Manager
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8 reports for the other options is labor-intensive and does not make for efficient meetings.
o Dave recommended setting thresholds for when it would make sense to present alternatives to Council. Additionally, the City Manager and Council could hold study sessions to discuss options with Council and receive direction.
o Dave encouraged Councilmembers to meet with the City
Manager and staff in advance of a Council meeting to receive more detailed information. City Manager Wu stated that she has regular advance meetings with some Councilmembers and encouraged the others to take advantage of the opportunity to meet with her.

Roles
Following a short break, the group returned to discuss the partnership of the City Council and staff and the roles each have in serving the community. Two of the slides presented are shown below.
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9 Dave highlighted team roles to ensure understsanding by the group. They are listed in the table below.

Table 1. Roles in a Council-Manager Form of Government
Role Responsibility Description
Councilmember
Provides direction
as a body
Set policy Consider what is best for the long-term interests of the community and organization
Respect the chain of command City Manager and City Attorney are your only direct reports, reporting to the entire City Council
Regular meetings with City
Manager
Obtain briefings on issues to gather information, no
decisions or direction is provided; your greatest asset to help you reach your goals
Expect City Manager to
implement goals and policies of
the Council
City Manager reports to the whole Council, does not act on direction from individual Councilmembers
Councilmember conflicts City Manager works to resolve through Council consensus and direction
Do not publicly criticize staff Speak privately with the City Manager; never discuss with staff below City Manager
Mayor Facilitate Council meetings
Serve as chief city representative Serve as representative for ribbon cuttings, spokesperson as needed
Meet regularly with City Manager Collaboratively discuss issues; forecast emerging issues, carry out all roles listed for Councilmembers
City Attorney
City Attorney
Jensen provided
this overview and
answered
questions from
the Council.

Represent the City of Cupertino Represents the entity/organization; does not represent individual Councilmembers or members of the public
Provide legal advice to the
Council and staff
Provides clear and accurate advice on a myriad of
complex laws when asked for and when not asked for;
advise will always be in the best interest of the
entity/organization
Provide full disclosure If Council disagrees with advice, professionally bound to ensure Council is fully informed and aware of risk(s) Be fair and impartial
Use candor and diplomacy
Serve as parliamentarian
City Manager
City Manager Wu
provided this
overview and
answered
questions from
the Council.

Serve as the chief executive
officer
Responsibility and authority for the administration of
the City’s government and implementation of Council
goals
Manage City staff Appointing authority in the selection of department heads and other staff, including terminations and
discipline; guides and develops staff and creates a
productive organization culture; helps staff achieve
Council goals
Serve the full Council Provides advice to the City Council; helps make the Council productive and successful, helps each member
of Council to succeed
Serve as information conduit Serves as a conduit with information flowing back and forth between Council and staff
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10 During the workshop, a Councilmember asked for a definition of parliamentarian. A general description was provided by City Attorney Jensen and is noted below.

A parliamentarian is an expert on meeting procedures,
such as Robert’s Rules of Order2
, who advises organizations
and deliberative assemblies.

Communications Between Council and Staff
Communications between Council and staff was identified as an area to clarify during the workshop. City Manager Wu shared her vision with the group. She indicated she was comfortable with Council communicating directly with the executive team, which includes members of the City Manager’s Office and department directors, as long as she is always copied on any emails. Council communications should not go below that level, however. That is because when members of Council engage in those conversations, even to ask a simple question, such communications can imply direction, although unintended.

Dave noted that there is power in being a Councilmember and when one speaks with staff, a question or conversation can easily be interpreted as a request to perform a task or work.

Having reviewed these roles, Dave asked the group if there was anything else to add. The following comments were offered.
• Council wants to serve the community effectively and involve the community.
o Dave shared that a balance needs to be found for how much and how long community input on a project is conducted. In the early phases, community input is key in developing a project, such as what uses are desired for a community park.
o Dave then noted that once the Council commits to and invests in a project or issue, community engagement lessens as the project moves forward.
o Dave suggested that staff should routinely report back on projects to provide the Council and community with updates.

This can be accomplished by creating and using a
communication plan. City Manager Wu noted that the City Work Program is a resource that is available to the Council and community on the City’s website.

Establishing Council Norms
In addition to understanding how effective Councils function, creating norms is another way for Councilmembers to agree on actions and be proud of. The 2Robert’s Rules of Order, Henry M. Robert III, et al, https://robertsrules.com/ 168
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11 facilitator and group engaged in a healthy discussion about the typical norms listed in the presentation and shown below.

The Council discussed the typical norms. They did not move forward to adopt them and decided to table them. The Council agreed to revisit them in the future if needed. Comments offered included:
• Council has spent many hours deliberating its Council Policy and Procedures, which will be adopted soon, and these norms seems to be an overlap.
• Other priorities should be addressed such as the housing element. • Norms are common sense, a general set of behavior patterns.

Closing Comments
City Manager Wu briefly spoke about the next workshop set for Wednesday, March 1, 2023 to establish Council priorities. It will be the building block for budget preparations. More information about the workshop will be provided at a later date.

To close the workshop, Mayor Wei asked the Council and staff to offer their thoughts on the workshop. The comments received from the group are indicated below.
• Council, staff, and the community have different perspectives, but we need to work together for the community.
• There is more than one set of opinions.
• This was a good start in an informal setting.
• There are different perspectives and opinions and our job is to reflect on our decisions.
• Read the Institute for Local Government article and reflect on it and how we govern.
• Good meeting.
• Made note to be more open minded.

Typical Council Norms
1) Move from I to we, and from
campaigning to governing.
2) Work together as a body,modeling
teamwork and civility for our
community.
3) Assume good intent.
4) Disagree agreeably and
professionally.
5) U�lize long range plans to provide big
picture context that is realis�c and
achievable.
29 6) Demonstrate respect, considera�on
and courtesy to all.
7) Share informa�on andavoid surprises.
8) Keep confiden�al things confiden�al.
9) Respect the Council/Manager form of
government and the roles of each
party.
10)Communicate concerns about staff to
the City Manager; do not cri�cize staff
in public..

Based on best practices from League of California
Cities and Institute for Local Government
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12 • In the spirit of working together, compromise.
• Best take away, limit surprises, we will work well together. • Appreciation to listen and spend time as a team.
• Putting self-doubt in perspective.
• Work to support all – Council, management, staff, community. • We have a strong and involved Council, the City Manager works hard, looks up to everyone, and love being a part of the team.

Wrap-up and Next Steps
To conclude the workshop, Dave explained that Baker Tilly would prepare this summary report. Next steps will include preparing for the March 1 priority setting workshop with Council and staff.
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CITY OF CUPERTINO
Agenda Item
22-11699 Agenda Date: 3/7/2023
Agenda #: 3.

Subject: Consider approval of the February 21 City Council minutes Approve the February 21 City Council minutes
CITY OF CUPERTINO Page 1 of 1 Printed on 3/1/2023
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, February 21, 2023

SPECIAL MEETING
At 5:00 p.m., Mayor Hung Wei called the Special City Council Meeting to order in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference.

ROLL CALL

Present: Mayor Hung Wei, Vice Mayor Sheila Mohan, and Councilmembers Liang Chao, J.R.

Fruen and Kitty Moore. Absent: none.

ACTION CALENDAR

1. Subject: Consider City Hall Renovation Project update Recommended Action: Staff requests City Council re-affirm the direction previously provided for the City Hall Renovation Project
Presenter: Susan Michael, Capital Improvement Programs Manager Written communications for this item included a staff presentation, Amended Attachment B - City Council Timeline City Hall Project, Supplemental Staff Answers to Councilmember Questions, and emails to Council.

Capital Improvement Programs Manager Susan Michael reviewed the staff report.

Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke.

Housing Commissioner Connie Cunningham (representing self) supported revisiting the previous direction, choosing a long-term investment, and adding native plants.

Gary Latshaw supported discussions of climate change issues and conservation and a life cycle cost analysis of a new building versus a renovated building. 172
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