CC 11-07-2023 Searchable Packet.pdf — Cupertino City Council, November 7, 2023 (part 1 of 4)

CITY OF CUPERTINO

CITY COUNCIL
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, November 7, 2023
5:30 PM
Televised Special Meeting (5:30) 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.
2) E-mail comments by 4:00 p.m. on Tuesday, November 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.

Oral public comments may be made during the public comment period for each agenda item.

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.

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Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments.
3) Teleconferencing Instructions
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_av4l6LhKR4er6ABE5WYENA Phone
Dial: 669-900-6833 and enter Webinar ID: 967 5357 4342 (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: 967 5357 4342
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

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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] prior to speaking. These documents will be posted to the City’s website after the meeting.

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, November 07, 2023, commencing at 5:30 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 - 5:30 PM

ACTION CALENDAR

1. Subject: Approve the Tentative Agreement revising the salary and benefits terms of the Memorandum of Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 for the term of July 1, 2022 through June 30, 2025.

Recommended Action: 1. Adopt the Resolution 23-114 approving the Tentative Agreement between the City of Cupertino and Cupertino City Employees’ Association (CEA)/IFPTE Local 21; and

2. Approve the corresponding Salary Schedule for CEA employees effective July 1, 2023.

Presenter: Kristina Alfaro, Director of Administrative Services Staff Report
A – CEA signed Tentative Agreement (Exhibit A)
B - Draft Resolution
C - CEA Salary Schedule

2. Subject: Approve the Tentative Agreement revising salary and benefits terms of the Memorandum of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) for the term of July 1, 2022 through June 30, 2025.

Recommended Action: 1. Adopt Resolution 23-115 approving the Tentative Agreement between the Operating Engineers Local No. 3 Union, AFL-CIO (OE3); and

2. Approve the corresponding Salary Schedule for OE3 employees effective July 1, 2023.

Presenter: Kristina Alfaro, Director of Administrative Services

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Staff Report
A - OE3 signed Tentative Agreement (Exhibit A)
B - Draft Resolution
C - OE3 Salary Schedule

3. Subject: Approve and update the health benefits for Elected Officials’ Compensation Program
Recommended Action: Adopt Resolution No. 23-116 revising the health benefits for the Elected Officials’ Compensation Program effective July 1, 2023 Presenter: Kristina Alfaro, Director of Administrative Services Staff Report
A – Elected Officials’ Compensation Program - Clean (Exhibit A) B – Elected Officials’ Compensation Program - Redline
C – Draft Resolution

ADJOURNMENT

REGULAR MEETING
CALL TO ORDER - 6:45 PM

PLEDGE OF ALLEGIANCE

ROLL CALL

CLOSED SESSION REPORT

CEREMONIAL ITEMS

1. Subject: Proclamation recognizing November 12-18, 2023 as United Against Hate Week Recommended Action: Present proclamation recognizing November 12-18, 2023 as United Against Hate Week
A - Proclamation

2. Subject: Recognition of November as National Native American Heritage Month Recommended Action: Recognize November as National Native American Heritage Month

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

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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 3-11)
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.

3. Subject: Approval of the October 10 City Council minutes Recommended Action: Approve the October 10 City Council minutes A - Draft Minutes

4. Subject: Approval of the October 17 City Council minutes Recommended Action: Approve the October 17 City Council minutes A - Draft Minutes

5. Subject: Setting a hearing date on January 17, 2024 to declare a public nuisance (from weeds) and to consider objections for proposed removal; declaring properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program
Recommended Action: Adopt Resolution No. 23-117 declaring properties as having potential fire hazards from weeds or other potential nuisances and set hearing on January 17, 2024 to declare a public nuisance and to consider objections for proposed removal
Staff Report
A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)

6. Subject: Approve and update the salary and benefits for the Unrepresented (Management and Confidential) Employees and Appointed Employees.

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Recommended Action: 1. Adopt Resolution No. 23-118 revising the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2023;

2. Adopt Resolution No. 23-119 revising the Compensation Program for the Appointed Employees effective July 1, 2023; and

3. Approve salary realignment for the classification of Environmental Program Manager to Transportation Manager and Capital Improvement Programs Manager Staff Report
A – Unrepresented Comp Program - Clean (Exhibit B)
B – Unrepresented Comp Program - Redline
C – Appointed Comp Program- Clean (Exhibit A)
D – Appointed Comp Program- Redline
E – Draft Resolution amending the Appointed and Unrepresented Employees' Compensation Programs

7. Subject: Amendment to Employment Agreement for the City Manager Recommended Action: Adopt Resolution No. 23-120 approving the First Amendment to Employment Agreement with the City Manager for the City of Cupertino and authorize the Mayor to execute the Agreement
Staff Report
A – First Amendment to City Manager Employment Agreement

8. Subject: Law Enforcement Contract Extension with the County of Santa Clara Sheriff's Office
Recommended Action: Authorize the City Manager to extend the existing law enforcement contract with the County of Santa Clara Sheriff's Office for five years, from July 1, 2024, through July 1, 2029, and amend the terms of the agreement as needed during the extension
Staff Report
A – 14-127 Law Enforcement Contract with the County of Santa Clara B – Draft Letter to Extend the Law Enforcement Contract

9. Subject: Approve a Fourth Amendment to the recreation agreement with Snapology of Los Gatos dba SV Kids Corp for Enrichment STEAM Programs.

Recommended Action: Authorize the City Manager to execute a Fourth Amendment to the recreation agreement with Snapology of Los Gatos dba SV Kids Corp (Snapology), increasing the amount by $190,105 for a total contract amount not to exceed $341,105 and extending the term of the agreement to August 31, 2026.

Staff Report
A - Snapology Agreement, First, Second, and Third Amendments B - Draft Fourth Amendment

10. Subject: Hungry Jacks Corporation (Blue Pheasant) lease agreement, 22100 Stevens Creek Boulevard, Cupertino, CA 95014.

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Recommended Action: Authorize the City Manager to execute a two-year lease agreement with three optional one-year options to extend with Hungry Jacks Corporation for 22100 Stevens Creek Boulevard, Cupertino, CA 95014 (Blue Pheasant).

Staff Report
A - Vicinty Map
B - Draft Blue Pheasant Lease

11. Subject: Mitigation Fee Act - an Annual & Five-Year Report for Fiscal Year (FY) 2022-2023.

Recommended Action: Adopt Resolution No. 23-121 entitled "A Resolution of the City of Cupertino City Council approving the Annual & Five -Year Mitigation Fee Report for Fiscal Year ending June 30, 2023 and making required findings" to:

1. Make the required findings; and

2. Approve the Annual & Five-Year Mitigation Fee Report for the Fiscal Year ending June 30, 2023, as required by Government Code Section 66000 et seq.

Staff Report
A - Annual & Five-Year Report for FY 2023
B - Draft Resolution
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.

ACTION CALENDAR

12. Subject: Minor Amendments to Cupertino Municipal Code Chapter 1.18 (Claims Against the City), Chapter 9.15 ( Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware), 9.18 (Stormwater Pollution Prevention and Watershed Protection), Chapter 15.04 (Waterworks System-Rates and Charges), and Chapter 16.72 (Recycling and Diversion of Construction and Demolition Waste).

Recommended Action: Conduct the first reading of Ordinance No. 23-2252: “An Ordinance of the City Council of the City of Cupertino Amending City Code Chapters

1.18, 9.15, 9.18, 15.04, and 16.72.”
Presenter: Christopher Jensen, City Attorney
Staff Report
A – Draft Ordinance
B - Redline of proposed Municipal Code amendments

13. Subject: Adoption of Code of Ethics and Conduct for Elected and Appointed Officials

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Recommended Action: Adopt Resolution No. 23-122 adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Official and rescinding the current Ethics Policy
Presenter: Christopher Jensen, City Attorney
Staff Report
A – Resolution No. 20-011 (Adopting the City of Cupertino Ethics Policy) B – Resolution No. 18-115 (Adopting the City of Cupertino Code of Ethics and Conduct for Elected and Appointed Officials)
C – Civil Grand Jury Report, “A House Divided: Cupertino City Council and Staff” D – Fact-Finding Report
E – Enterprise Leadership Assessment
F – Redline of 2018 Ethics Code
G – Draft Resolution

14. Subject: To Be Determined list (“TBD List”) of agenda items requested by City Councilmembers
Recommended Action: Review the TBD List and modify the list as recommended below
Presenter: Pamela Wu, City Manager
Staff Report

COUNCIL REPORTS AND COMMENTS

15. Subject: Councilmember Reports
A - Council Reports, Fruen
B - Council Reports, Mohan
C - Council Reports, Moore
D - Council Reports, Wei

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.

16. Subject: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work status report
Recommended Action: Receive the Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work status report
Informational Memorandum

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17. Subject: Update on activities of the Cupertino Sanitary District Recommended Action: Receive the update on activities of the Cupertino Sanitary District
Informational Memorandum

18. Subject: Update and Status regarding Lehigh Cement Plant and Quarry Recommended Action: Receive the update and status regarding Lehigh Cement Plant and Quarry
Informational Memorandum

19. Subject: Information regarding hybrid options for commission meetings Recommended Action: Receive the information regarding hybrid options for commission meetings
Informational Memorandum
A - Memo Re Brown Act Teleconference Amendments

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

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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.

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
23-12349 Agenda Date: 11/7/2023
Agenda #: 1.

Subject: Approve the Tentative Agreement revising the salary and benefits terms of the Memorandum of Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 for the term of July 1, 2022 through June 30, 2025.

1. Adopt the Resolution 23-114 approving the Tentative Agreement between the City of Cupertino and Cupertino City Employees’ Association (CEA)/IFPTE Local 21; and

2. Approve the corresponding Salary Schedule for CEA employees effective July 1, 2023.

Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Page 1 of 1 Printed on 11/2/2023
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CITY COUNCIL STAFF REPORT
Meeting: November 7, 2023
Subject
Approve the Tentative Agreement revising the salary and benefits terms of the Memorandum of Understanding (MOU) for the Cupertino City Employees’ Association (CEA)/IFPTE Local 21 for the term of July 1, 2022 through June 30, 2025.

Recommended Action

1. Adopt the Resolution 23-XXX approving the Tentative Agreement between the City of Cupertino and Cupertino City Employees’ Association (CEA)/IFPTE Local 21; and

2. Approve the corresponding Salary Schedule for CEA employees effective July 1, 2023.

Reasons for Recommendation
On August 16, 2022 the City Council approved a three-year agreement with the CEA. This included a 5% cost of living adjustment (COLA) and $3,800 in a onetime lump sum payment. That agreement included a side letter that allowed for wage and health reopener. CEA contacted the City in February 2023 to reopen contract negotiations.

The City has since reached a Tentative Agreement with CEA. As part of the Council packet for the November 7, 2023, City Council meeting, Council has been presented with the revised salary and terms and conditions of employment for the CEA successor MOU covering the period from July 1, 2022 through June 30, 2025.

Key provisions of the tentative agreement are summarized below:
 Cost of Living Adjustment (COLA): 3.5% for year 2 and no additional COLA for year 3 of the MOU.
 Health Premiums: Effective January 1, 2024, the City shall contribute up to the Kaiser Family health premium cost per month for CEA employees. Required 12 CC 11-07-2023
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contribution amounts exceeding this premium contribution of the City are the responsibility of the employee.
 For any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum contributions shall be capped at no more than 6%.
 Adding Lunar New Year and Cesar Chavez Day as paid holidays starting in 2024. For Calendar Year 2023, employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
 Wage Reopener: The agreement includes a wage reopener for the third year of the contract should specific criteria be met.

Title 2 of the California Code of Regulations, section 570.5, requires that the pay schedule of every CalPERS agency be approved and adopted by the agency's governing body pursuant to public meeting law. The City's Salary Schedule for CEA employees is attached for the Council's review and approval, effective July 1, 2023.

Sustainability Impact
There is no sustainability impact resulting from the recommended action in this report.

Fiscal Impact
The City incurred a cost of $471,742 in the first year (FY2022-23) for CEA employees, estimated costs for the second year (FY2023-24) are $443,000 for a total estimated cost of $915,185 for the three-year contract. At the time of the adopted budget, costs related to the labor contracts were unknown but estimated were included in the adopted budget. Budget estimates are sufficient to cover the additional estimated cost and no budget adjustment is needed.

California Environmental Quality Act (CEQA)
Not applicable.

Prepared by: Vanessa Guerra, Human Resources Manager
Reviewed by: Kristina Alfaro, Director of Administrative Services Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A – CEA signed Tentative Agreement
B – Draft Resolution Approving the Tentative Agreement with CEA Local 21 13 CC 11-07-2023
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C – CEA Salary Schedule
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This attachment is
forthcoming and will
be available as a
desk item.
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING THE TENTATIVE AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND IFPTE LOCAL 21 CUPERTINO EMPLOYEES’

ASSOCIATION
WHEREAS, on August 16, 2022, the City Council approved a Memorandum of Understanding (MOU) with IFPTE Local 21 Cupertino Employees’ Association (CEA); and
WHEREAS, the City Council desires to approve an agreement to amend the MOU between the City of Cupertino and CEA.

NOW, THEREFORE, BE IT RESOLVED that the agreement to amend the MOU between the City of Cupertino and IFPTE Local 21 Cupertino Employees’ Association is hereby approved and is incorporated in this resolution by reference and attached as Exhibit A.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 7th day of November, 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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Attachment A – Salary Schedule
Salaries Effective the First Full Pay Period of July, 2023:

Classification Step1 Step2 Step3 Step4 Step5
ACCOUNT CLERK I $34.56 $36.29 $38.11 $40.01 $42.01
ACCOUNT CLERK II $38.11 $40.01 $42.01 $44.11 $46.32
ASSISTANT CIVIL ENGINEER $58.47 $61.38 $64.45 $67.68 $71.06 ASSISTANT PLANNER $52.65 $55.28 $58.04 $60.94 $63.99
ASSOCIATE CIVIL ENGINEER $63.01 $66.15 $69.46 $72.94 $76.58 ASSOCIATE PLANNER $56.74 $59.57 $62.55 $65.68 $68.96
BUILDING INSPECTOR $55.70 $58.48 $61.41 $64.48 $67.70
CASE MANAGER $42.57 $44.70 $46.94 $49.28 $51.75
CODE ENFORCEMENT OFFICER $47.69 $50.07 $52.58 $55.21 $57.97 COMMUNITY OUTREACH SPECIALIST $44.09 $46.30 $48.61 $51.04 $53.59 ENGINEERING TECHNICIAN $45.95 $48.24 $50.66 $53.19 $55.85 ENV. PROG. COMPLIANCE TECHNICIAN $41.40 $43.47 $45.65 $47.93 $50.33 ENV. PROGRAMS SPECIALIST $53.37 $56.04 $58.85 $61.79 $64.88 ENVIRONMENTAL PROGRAMS ASSISTANT $46.27 $48.58 $51.01 $53.56 $56.24 FACILITY ATTENDANT $32.36 $33.97 $35.67 $37.46 $39.33
GIS TECHNICIAN $45.95 $48.24 $50.66 $53.19 $55.85
MULTIMEDIA COMMUNICATIONS SPEC $58.15 $61.06 $64.11 $67.32 $70.68 OFFICE ASSISTANT $32.51 $34.14 $35.85 $37.64 $39.52
PERMIT TECHNICIAN $42.79 $44.93 $47.18 $49.53 $52.01
PLAN CHECK ENGINEER $64.45 $67.66 $71.05 $74.60 $78.33
PUBLIC WORKS INSPECTOR $55.70 $58.48 $61.41 $64.48 $67.70 RECEPTIONIST/CLERK $29.28 $30.74 $32.28 $33.90 $35.59
RECREATION ASSISTANT $20.94 $21.99 $23.09 $24.24 $25.46 RECREATION COORDINATOR $42.33 $44.45 $46.67 $49.01 $51.46 SENIOR BUILDING INSPECTOR $59.51 $62.49 $65.61 $68.89 $72.34 SENIOR CODE ENFORCEMENT OFFICER $50.12 $52.63 $55.26 $58.02 $60.93 SENIOR ENGINEERING TECHNICIAN $49.52 $51.99 $54.59 $57.32 $60.19 SENIOR OFFICE ASSISTANT $36.10 $37.91 $39.80 $41.79 $43.88 SENIOR PLANNER $60.84 $63.88 $67.07 $70.43 $73.95
SENIOR TRAFFIC TECHNICIAN $49.52 $51.99 $54.59 $57.32 $60.19 SPECIAL PROGRAMS COORDINATOR $34.95 $36.70 $38.53 $40.46 $42.48 TRAFFIC SIGNAL TECH-APPRENTICE $44.51 $46.74 $49.08 $51.53 $54.11 TRAFFIC SIGNAL TECHNICIAN $51.53 $54.11 $56.81 $59.65 $62.64 TRAFFIC TECHNICIAN $45.95 $48.24 $50.66 $53.19 $55.85
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CITY OF CUPERTINO
Agenda Item
23-12350 Agenda Date: 11/7/2023
Agenda #: 2.

Subject: Approve the Tentative Agreement revising salary and benefits terms of the Memorandum of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) for the term of July 1, 2022 through June 30, 2025.

1. Adopt Resolution 23-115 approving the Tentative Agreement between the Operating Engineers Local No. 3 Union, AFL-CIO (OE3); and

2. Approve the corresponding Salary Schedule for OE3 employees effective July 1, 2023.

Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Page 1 of 1 Printed on 11/2/2023
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CITY COUNCIL STAFF REPORT
Meeting: November 7, 2023
Subject
Approve the Tentative Agreement revising salary and benefits terms of the Memorandum of Understanding (MOU) for the Operating Engineers Local No. 3 Union, AFL-CIO (OE3) for the term of July 1, 2022 through June 30, 2025.

Recommended Action

1. Adopt the Resolution 23-XXX approving the Tentative Agreement between the City of Cupertino and Operating Engineers Local No. 3 Union, AFLCIO (OE3); and

2. Approve the corresponding Salary Schedule for OE3 employees effective July 1, 2023.

Reasons for Recommendation
On August 16, 2022, the City Council approved a three-year agreement with the OE3. This included a 5% cost of living adjustment (COLA) and $3,800 in a onetime lump sum payment. That agreement included a side letter that allowed for wage and health reopener. OE3 contacted the City in February 2023 to reopen contract negotiations.

The City has since reached a tentative agreement with OE3. As part of the Council packet for the November 7, 2023, City Council meeting, Council has been presented with the revised salary and terms and conditions of employment for the OE3 successor MOU, covering the period from July 1, 2022, through June 30, 2025.

Key provisions of the tentative agreements are summarized below:
 Cost of Living Adjustment (COLA): 3.5% for year 2 and no additional COLA for year 3 of the MOU.
 Health Premiums: Effective January 1, 2024, the City shall contribute up to the Kaiser Family health premium cost per month for OE3 employees. Required contribution amounts exceeding this premium contribution of the City are the responsibility of the employee.
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 For any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum contributions shall be capped at no more than 6%.
 Adding Lunar New Year and Cesar Chavez Day as paid holidays starting in 2024. For Calendar Year 2023, employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.
 Wage Reopener: The agreement includes a wage reopener for the third year of the contract should specific criteria be met.

Title 2 of the California Code of Regulations, section 570.5, requires that the pay schedule of every CalPERS agency be approved and adopted by the agency's governing body pursuant to public meeting law. The City's Salary Schedule for OE3 employees is attached for the Council's review and approval, effective July 1, 2023.

Sustainability Impact
There is no sustainability impact resulting from the recommended action in this report.

Fiscal Impact
The City incurred an estimated cost of $471,742 in the first year (FY2022-23) for OE3 employees, estimated costs for the second year (FY2023-24) are $320,142, for a total estimated cost of $791,884 for the three-year contract. At the time of the adopted budget, costs related to the labor contracts were unknown, but estimates were included in the adopted budget. Budget estimates are sufficient to cover the additional estimated cost and no budget adjustment is needed.

California Environmental Quality Act (CEQA)
Not applicable.

A – OE3 signed Tentative Agreement
B – Draft Resolution
C – OE3 Salary Schedule
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CITY OF
Operating Engineers,
Local 3

CUPERTINO
NEGOTIATIONS 2023
Correspondence

FINAJL COMPREHENSIVE

TENT ATIVE AGREEMENT
DATE: October 26, 2023 TIME: 12:33 PM
The foflowing represerits a comprehensive terttative agreement between the City of Cupertirto ("City") and the Operatirtg Ertgirteers, Local3 ("OE3" or "union") as a result of the wage reopener language in Section 10Mc) of the current Memorartdum of Understartding (effective July 1, 2022 through June 30, 2025), MOU Section Tentative Agreement
Term
Same as under current MOU agreement: 3-Year term
effective July 1, 2022 through June 30, 2025.

Section 10.1-
Salary Schedule /
Healthcare Reopener
Effective the first full pay period on or after July 1, 2023, a salary increase will be added to the salary range of
each classification iti this bargaining unit.

There shall be no further salary increase for FY24/25.

The parties further agree that they have fully satisfied the healthcare reopener negotiations for FY23-24 and FY24-25 and that no further healthcare negotiations will be held for the remainder of the MOU term.

Section 12 - Health and
Welfare Benefits
Effective January 1, 2024, for each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement.

January 1,
2024
City Max
Health
Contribution
City Max
Dental
Contribution
City Total
Max
Contribution
Employee $1,021.41 $126.78 $1,148.19
Employee +
I
$2,042.82 $126.78 $2,169.6
Employee +
2 $2,655.67 $126.78 $2,7L'.45
Required contribution amounts exceeding the premium
contribution of the City are the responsibility of the
-1-
Exhibit A
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Operating Engineers,
Local 3

CITY OF

CUPERTINO
NEGOTIATIONS 2023
Correspondence
I employee. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for any employee.

With regards to any change in the monthly medical plan
premium charged by CalPERS in the plan year 2025
compared to the plan year 2024, the City's maximum
contributions shall be capped at no more than 6%. Any
required contribution amounts exceeding the premium
contribution of the City are the responsibility of the
employee.

All other provisions of this Section are the same.

Section 14.1- Fixed
Holidays
Add Lunar New Year and C6sar CMvez Holiday to holiday
schedule starting in 2024.

Floating Holiday for CY
2023
' For Calendar Year 2023, OE3 employees will receive one (1) floating holiday in lieu of Lunar New Year holiday. Said floating holiday is "use it or lose it" and must be used by December31,2023. Ifsaidfloatingholidayisnotusedby
the last full pay period in December 2023, it shall be
automatically cashed out in the first full pay period in January 2024.

Wage Reopener
For the sole purpose of this wage reopener provision which applies for the current MOU term (effective July 1, 2022 through June 30, 2025), should the City's financial situation change, such that ongoing revenue loss beginning with
FY24/25 would be mitigated, and such mitigation would
result in the City's budget being balanced and provide a minimum of $3 million dollars in ongoing surpluses (as
defined in the City's quarterly and annual budget reports) in all subsequent years of the 10 year forecast chart for the General Fund, the parties agree to reopen wage negotiations for FY24/25. This provision shall automatically sunset on June 30, 2025.

All outstanding proposals to which there is no Tentative Agreement or which are not addressed above are to be withdrawn or deemed denied.
-2- 22
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CITY OF
Operating Engineers,
Local 3

CUPERTINO
NEGOTIATIONS 2023
Correspondence
The City and OE3 jointly acknowledge that this comprehensive tentative agreement is expressly contingent upon: i) the City Council's approval; and, ii) ratification by OE3's membership by October 31, 2023. The parties agree to recommend positively this Final Comprehensive Tentative Agreement to their principals for ratification.

For the City For the Union
Nristina Date MichaelMoore Date
Director of Administrative Services Business Representative Vanessa Guerra Date Kevin Greene
,mlu,/=z- '>
Date
Human Resources Manager
Labor & Employment Counsel
-3- 23
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING THE TENTATIVE AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND OPERATING ENGINEERS LOCAL #3 AFL-CIO
WHEREAS, on August 16, 2022, the City Council approved a Memorandum of Understanding (MOU with Operating Engineers Local #3 AFL-CIO (OE3); and WHEREAS, the City Council desires to approve an agreement to amend the MOU between the City of Cupertino and OE3.

NOW, THEREFORE, BE IT RESOLVED that the agreement to amend the MOU between the City of Cupertino and Operating Engineers Local #3 AFL-CIO is hereby approved and is incorporated in this resolution by reference and attached as Exhibit A.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 7th day of November 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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Attachment A – Salary Schedule
Salaries Effective the First Full Pay Period of July, 2023:

Classification Step1 Step2 Step3 Step4 Step5
EQUIPMENT MECHANIC $43.44 $45.61 $47.89 $50.28 $52.80
LEAD EQUIPMENT MECHANIC $47.89 $50.28 $52.80 $55.44 $58.21 MAINTENANCE WORKER I $32.23 $33.85 $35.54 $37.32 $39.18 MAINTENANCE WORKER II $37.32 $39.18 $41.15 $43.20 $45.39 MAINTENANCE WORKER III $43.20 $45.39 $47.65 $50.06 $52.56 STREET LIGHT WORKER $43.62 $45.80 $48.10 $50.50 $53.02
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CITY OF CUPERTINO
Agenda Item
23-12769 Agenda Date: 11/7/2023
Agenda #: 3.

Subject: Approve and update the health benefits for Elected Officials’ Compensation Program Adopt Resolution No. 23-116 revising the health benefits for the Elected Officials’ Compensation Program effective July 1, 2023
Presenter: Kristina Alfaro, Director of Administrative Services CITY OF CUPERTINO Page 1 of 1 Printed on 11/2/2023
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CITY COUNCIL STAFF REPORT
Meeting: November 7, 2023
Subject
Approve and update the health benefits for Elected Officials’ Compensation Program
Recommended Action
Adopt Resolution No. 23-XXX revising the health benefits for the Elected Officials’ Compensation Program effective July 1, 2023
Reasons for Recommendation
Historically, Council has aligned the health benefits Elected Officials receive with the same health benefits full-time employees receive. On August 16, 2022, the City Council approved three-year Memoranda of Understanding (MOU’s) and compensation programs for union represented, unrepresented and appointed employees. The agreements also included a side letter that allowed for a wage and health reopener.

The City has since reached a tentative agreement with both Operating Engineer’s Local 3 (OE3) and Cupertino Employees’ Association/IFPTE Local 21 (CEA). As part of the Council packet for the November 7, 2023, City Council meeting, Council has been presented with the revised salary and terms and conditions of employment for successor MOUs and compensation programs, covering the period from July 1, 2022, through June 30, 2025. Based on that prior Council action, staff is requesting that Council adopt the health benefit changes to the Elected Officials’ Compensation Program. A summary of changes is as follows:
 Effective January 1, 2024, the City shall contribute up to the Kaiser Family health premium cost per month applied to Elected Officials. Required contribution amounts exceeding this premium contribution of the City are the responsibility of the Elected Official.
 For any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum 28 CC 11-07-2023
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contributions shall be capped at no more than 6% for Elected Officials. Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the Elected Official.

Sustainability Impact
There is no sustainability impact resulting from the recommended action in this report.

Fiscal Impact
The estimated cost for elected officials is estimated at $10,736 for both years of the compensation program. At the time of the adopted budget, costs related to the labor contracts were unknown, but estimates were included in the adopted budget. Budget estimates are sufficient to cover the additional estimated cost and no budget adjustment is needed.

California Environmental Quality Act (CEQA)
Not Applicable.

A – Elected Officials’ Compensation Program - Clean
B – Elected Officials’ Compensation Program - Redline
C – Draft Resolution amending the Elected Officials’ Compensation 29 CC 11-07-2023
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1 Exhibit A
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 1

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

Eligibility for inclusion with this Compensation program is limited to persons holding positions as elected officials. These are designated by the voters and may be modified as circumstances warrant.

The position in the following classification has been designated as elected official.

ELECTED OFFICIAL CLASSIFICATIONS:

Classification Title City
Council Member
Adopted by Action of the
City Council, July 2013
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2 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE
As rates of pay are set forth under the Cupertino Municipal Code 2.16.020, and hereby adopted by action of the City Council, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record.

Adopted by Action
of the City Council
July, 2013, October
2016
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3 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 3

TRAINING AND CONFERENCES
I. POLICY
It is City of Cupertino policy that members of the City Council and the Council’s commissions and committees, shall be reimbursed or receive a direct advance according to the schedules, terms and conditions as set forth herein for the expenses authorized below. This policy is established in accordance with California Government Code Sections 53232.2 and 53232.3.

III. AUTHORIZED EXPENSES
The City Council and their commission and committee members can receive reimbursements or advances toward actual and necessary expenses incurred by participating in the following activities or events:

1. Communicating with representatives of regional, state and national government on City adopted policypositions;

2. Attending seminars, conferences, and training to improve skill and information levels;

3. Participating in regional, state and national organizations whose activities affect the City’s interests (such as the League of California Cities);

4. Attending International Conferences, budget limited to $2,500 per fiscal year, provided there is a benefit to the City;

5. Attending City events;

1. Attending functions of other local civic or community organizations where there is a clear nexus between the event and the member’s attendance as an official representative of the City. Purely social events, service club dues and meals, and political or charitable contributions or events would be excluded. For purposes of this section, reimbursable fundraisers and events include, but are not limited to, Cupertino Union School District, Fremont Union High School District, Foothill‐ De Anza Community College District, Silicon Valley Leadership Group, Cupertino American Cancer Society (ACS) Relay for Life and Cupertino Chamber of Commerce activities.
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4 The City will not reimburse or advance payment toward expenses including, but not limited to:

1. The personal portion of any trip;

2. Family expenses, including those of a partner when accompanying Council or commission member on City related business, as well as child or pet related expenses.

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

4. Meals and entertainment paid on behalf of third parties outside of the City;

5. Gifts of any kind for any purpose;

6. Alcoholic beverages;

7. Non‐mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and

8. Personal losses incurred while on City business.

IV. BUDGETARY LIMITATIONS
Reimbursement or advancement of expenses shall not exceed budgetary limitations.

Changes in appropriations will be done through the budget process.

V. REIMBURSEMENT AND ADVANCE SCHEDULE
A. Intent
This schedule is written with the intent that the City Councilmember, commissioner, or committee member 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 than paying for a taxi or airport shuttle, then officials 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. 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.
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5 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. Registration
The City will pay the registration fee for authorized attendance at a convention, conference, seminar or meeting.

D. 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 whenavailable.

E. Lodging
Hotel or lodging expenses of the City official resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occur outside the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business.

In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.

Where the lodging is in connection with a conference or other organized educational activity, City‐paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non‐conference lodging policy described in the next paragraph should be followed to find another comparable hotel.

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 34 CC 11-07-2023
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6 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.

F. Meals

1. No Conference
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 officials are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on an actual cost basis. The actual cost rate shall follow the rules described in the meals with no conference paragraph.

G. Other Expenses
Payments toward or reimbursement of other expenses related to authorized activities or events shall be limited to the actual costs consistent with the application of reasonable standards. Receipts must be kept and submitted for all expenses.

VI. DIRECT CASH ADVANCE POLICY
From time to time, it may be necessary for a City official 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 the City Manager or Department Head 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 official’s return on the expense report described in Section VII.
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7 VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by the City Manager or Department Head, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, accompanied by a business purpose for all expenditures and a receipt for each item other than mileage. The report will be a public record subject to disclosure under the Public Records Act.

VIII. REPORTS TO CITY COUNCIL OR COMMISSIONS
At the next regular City Council or commission meeting, each councilmember or commissioner shall briefly report on publicly noticed meetings attended at City expense.

If multiple members attended the meeting, a joint report may bemade.

IX. POLICY VIOLATIONS
Violations of this policy including falsifying expense reports may result in any or all of the following: (1) loss of reimbursement privileges, (2) demand for restitution to the City, (3) civil penalties of up to $1,000 per day and three times the value of the resources used, and 4) prosecution for misuse of public resources.

Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07, 7/10 36 CC 11-07-2023
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8 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 4

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. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at the established IRS rates. Submission of reimbursement requests must be approved by the City Manager.

Adopted by Action of the City Council
July, 2013
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9 City of Cupertino
ELECTED OFFICIALS’ 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 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 City Manager providing the subject matter and material generally contained therein are related to municipal governmental operations.

Adopted by Action of
the City Council
July, 2013
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10 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION

PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN ‐ CITY

CONTRIBUTION
It is the policy of the City of Cupertino to provide group hospital and medical insurance under which the elected official 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 retained by the City.

January 1, 2024 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 1,021.41 126.78 1,148.19
Employee +1 2,042.82 126.78 2,169.60
Employee +2 2,655.67 126.78 2,782.45
 For any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum contributions shall be capped at no more than 6% for Elected Officials. Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. *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. .
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11 Adopted by Action of
the City Council
July, 2013, October 2016, July 2019, December 2019, January, 2023 40 CC 11-07-2023
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12 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 9

LIFE INSURANCE
It is the policy of the City of Cupertino to provide life insurance benefits to the elected officials to a maximum of $16,000.

The elected officials may enroll in 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 individuals.

Adopted by Action of
the City Council
July, 2013
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13 City of Cupertino

ELECTED OFFICIALS 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 the elected officials 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 elected official and City 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 the elected officials. .

The City shall maintain and administer means by which the elected officials 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. Individual contributions to such plans may be made in such amounts as felt proper and necessary to the elected official. The City contributions shall be as determined by the CityCouncil.

Adopted by Action of
the City Council
July, 2013
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14 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION
A. Council Members occupying office on or before December 29, 2012 Only:

For Council Members occupying office on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 retirement formula.

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

B. Council Members occupying office on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only.

For Council Members hired 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 January 1, 2017, 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 Council members occupying office on of after January 1, 2013, or former CalPERS employees that do not qualify as Classic employees hired by the City of Cupertino on or after January 1, 2013
For Council Members occupying office on or after January 1, 2013 CalPERS has by statute implemented a 2% @ 62 formula, three year average and employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

Adopted by Action of
the City Council
July, 2013, October
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15 2016, July 2019
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16 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE ‐ CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which the elected official positions and their dependents may be covered.

The premium cost for the insurance provided by the City shall not exceed $126.78* per month per individual. 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, 2013, October 2016, July 2019
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17 City of Cupertino

ELECTED OFFICIALS 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 the elected officials and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre‐retirement, and other matters of a personal nature.

Adopted by Action of the City Council
July, 2013
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18 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 17
VISION INSURANCE – CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered.

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, 2013
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19 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 18
Technology Policy
Purpose
This policy establishes guidelines and standards regarding the provision of technology hardware and software for Councilmembers.

Scope and Applicability
This policy applies to all City Councilmembers for the provision and maintenance of City issued technology hardware and software This technology is in addition to City technology equipment and software residing within the Mayor's and Council's office at City Hall.

Technology Provision
To facilitate communications with citizens, staff and other Councilmembers, each Councilmember may elect to be issued the following technology hardware at the beginning of each term.
 1 Laptop
 1 Docking Station
 1 Monitor
 1 Webcam
 1 Keyboard & Mouse
 1 Phone with Voice/Data Plan
Each Councilmember’s issued laptop will have the following additional software applications:
 Office productivity platform, e.g., Microsoft O365
 Cybersecurity Tools, e.g.., end point protection and multifactor authentication  Video Conferencing, e.g., Zoom
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20 Each Councilmember’s issued phone will have the following additional software applications
 Office productivity platform
 Cybersecurity Tools
 Video Conferencing

Issued technology hardware and software will meet current City hardware and software standards to ensure proper security, maintenance, and support.

Councilmembers who wish to not use City issued equipment must provide written acknowledgement that the technology they will use has current antivirus software and all software applications are up to date from a cyber security standpoint.

Councilmembers use the issued equipment for the performance of official City business. Data contained within the equipment is public property and considered a public record, therefore subject to all Public Records Act and Brown Act policies.

Councilmembers, upon completion of their term, will return all issued equipment to the Innovation & Technology Department. City equipment and/or software is not available for purchase.

City Support
Innovation & Technology staff are solely responsible to provide technical support and maintenance for issued equipment and may be reached at [email protected] or (408) 777-3381. If required, Councilmembers shall bring their equipment to City Hall for repair and/or service.

Adopted by Action of the City Council
July, 2019, January, 2023
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21 City of Cupertino
City Council
and
Planning Commission
Compensation
Effective January 1, 2017
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22 CITY OF CUPERTINO CITY COUNCIL

AND PLANNING COMMISSION
EFFECTIVE January 1, 2017
The salaries, wages or rates of pay for members of the City Council and Planning Commission are set forth below. Only the City Council can modify these rates.

Members of the City Council $737.54/month
Members of the Planning Commission* $50.00/meeting (maximum $200 monthly) Effective first full pay period in July 2017
Members of the City Council $743.07/month
Members of the Planning Commission* $50.00/meeting (maximum $200 monthly) *Benefits as set forth in this document do not apply to members of the Planning Commission.
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1 Exhibit A
City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 1

Eligibility for inclusion with this Compensation program is limited to persons holding positions as elected officials. These are designated by the voters and may be modified as circumstances warrant.

The position in the following classification has been designated as elected official.

ELECTED OFFICIAL CLASSIFICATIONS:

Classification Title City
Council Member
Adopted by Action of the
City Council, July 2013
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2 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 2

Adopted by Action
of the City Council
July, 2013, October
2016
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3 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 3

1. Communicating with representatives of regional, state and national government on City adopted policypositions;

2. Attending seminars, conferences, and training to improve skill and information levels;

3. Participating in regional, state and national organizations whose activities affect the City’s interests (such as the League of California Cities);

4. Attending International Conferences, budget limited to $2,500 per fiscal year, provided there is a benefit to the City;

5. Attending City events;

1. Attending functions of other local civic or community organizations where there is a clear nexus between the event and the member’s attendance as an official representative of the City. Purely social events, service club dues and meals, and political or charitable contributions or events would be excluded. For purposes of this section, reimbursable fundraisers and events include, but are not limited to, Cupertino Union School District, Fremont Union High School District, Foothill‐ De Anza Community College District, Silicon Valley Leadership Group, Cupertino American Cancer Society (ACS) Relay for Life and Cupertino Chamber of Commerce activities.
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4 The City will not reimburse or advance payment toward expenses including, but not limited to:

1. The personal portion of any trip;

2. Family expenses, including those of a partner when accompanying Council or commission member on City related business, as well as child or pet related expenses.

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

4. Meals and entertainment paid on behalf of third parties outside of the City;

5. Gifts of any kind for any purpose;

6. Alcoholic beverages;

7. Non‐mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and

8. Personal losses incurred while on City business.

IV. BUDGETARY LIMITATIONS
Reimbursement or advancement of expenses shall not exceed budgetary limitations.

Changes in appropriations will be done through the budget process.

V. REIMBURSEMENT AND ADVANCE SCHEDULE
A. Intent
This schedule is written with the intent that the City Councilmember, commissioner, or committee member 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 than paying for a taxi or airport shuttle, then officials 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. 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.
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5 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. Registration
The City will pay the registration fee for authorized attendance at a convention, conference, seminar or meeting.

In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.

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 56 CC 11-07-2023
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6 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.

F. Meals

1. No Conference
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.

An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the official’s return on the expense report described in Section VII.
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7 VII. EXPENSE REPORT REQUIREMENTS
All expense reimbursement requests or final accounting of advances received must be approved by the City Manager or Department Head, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, accompanied by a business purpose for all expenditures and a receipt for each item other than mileage. The report will be a public record subject to disclosure under the Public Records Act.

If multiple members attended the meeting, a joint report may bemade.

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8 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 4

Adopted by Action of the City Council
July, 2013
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9 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

Adopted by Action of
the City Council
July, 2013
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10 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION

PROGRAM
Policy No. 7
HEALTH BENEFITS PLAN ‐ CITY

Effective
January 1, 2020
City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1,443.09 126.78 1,569.87
Employee +2 1,876.01 126.78 2,002.79
January 1, 2021 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 891.32 126.78 1,018.10
Employee +1 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1,062.66
Employee +1 1,591.01 126.78 1,717.79
Employee +2 2,068.31 126.78 2,195.09
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11 January 1, 2024 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 1,021.41 126.78 1,148.19
Employee +1 2,042.82 126.78 2,169.60
Employee +2 2,655.67 126.78 2,782.45
 For any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum contributions shall be capped at no more than 6% for Elected Officials. Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. *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. .

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the City Council
July, 2013, October 2016, July 2019, December 2019, January, 2023 62 CC 11-07-2023
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12 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 9

LIFE INSURANCE
It is the policy of the City of Cupertino to provide life insurance benefits to the elected officials to a maximum of $16,000.

Adopted by Action of
the City Council
July, 2013
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13 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 10

Adopted by Action of
the City Council
July, 2013
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14 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION
A. Council Members occupying office on or before December 29, 2012 Only:

For Council Members occupying office on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 retirement formula.

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

B. Council Members occupying office on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only.

Adopted by Action of
the City Council
July, 2013, October
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16 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE ‐ CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which the elected official positions and their dependents may be covered.

Adopted by Action of
City Council
July, 2013, October 2016, July 2019
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17 City of Cupertino

ELECTED OFFICIALS COMPENSATION PROGRAM
Policy No. 14

Adopted by Action of the City Council
July, 2013
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18 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 17
VISION INSURANCE – CITY CONTRIBUTION
It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered.

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, 2013
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19 City of Cupertino
ELECTED OFFICIALS’ COMPENSATION PROGRAM
Policy No. 18
Technology Policy
Purpose
This policy establishes guidelines and standards regarding the provision of technology hardware and software for Councilmembers.

Technology Provision
To facilitate communications with citizens, staff and other Councilmembers, each Councilmember may elect to be issued the following technology hardware at the beginning of each term.
 1 Laptop
 1 Docking Station
 1 Monitor
 1 Webcam
 1 Keyboard & Mouse
 1 Phone with Voice/Data Plan
Each Councilmember’s issued laptop will have the following additional software applications:
 Office productivity platform, e.g., Microsoft O365
 Cybersecurity Tools, e.g.., end point protection and multifactor authentication  Video Conferencing, e.g., Zoom
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20 Each Councilmember’s issued phone will have the following additional software applications
 Office productivity platform
 Cybersecurity Tools
 Video Conferencing

Issued technology hardware and software will meet current City hardware and software standards to ensure proper security, maintenance, and support.

Councilmembers, upon completion of their term, will return all issued equipment to the Innovation & Technology Department. City equipment and/or software is not available for purchase.

City Support
Innovation & Technology staff are solely responsible to provide technical support and maintenance for issued equipment and may be reached at [email protected] or (408) 777‐3381. If required, Councilmembers shall bring their equipment to City Hall for repair and/or service.

Adopted by Action of the City Council
July, 2019, January, 2023
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21 City of Cupertino
City Council
and
Planning Commission
Compensation
Effective January 1, 2017
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22 CITY OF CUPERTINO CITY COUNCIL

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO REVISING THE ELECTED OFFICIALS’ COMPENSATION PROGRAM
WHEREAS, the City Council desires to amend the Elected Officials’ Compensation Program.

NOW, THEREFORE, BE IT RESOLVED that the Elected Officials’ Compensation Program be revised which are incorporated in this resolution by this reference and attached as Exhibit A.

PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 7th day of November 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
23-12478 Agenda Date: 11/7/2023
Agenda #: 1.

Subject: Proclamation recognizing November 12-18, 2023 as United Against Hate Week Present proclamation recognizing November 12-18, 2023 as United Against Hate Week CITY OF CUPERTINO Page 1 of 1 Printed on 11/2/2023
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CITY OF CUPERTINO
Agenda Item
23-12440 Agenda Date: 11/7/2023
Agenda #: 2.

Subject: Recognition of November as National Native American Heritage Month Recognize November as National Native American Heritage Month CITY OF CUPERTINO Page 1 of 1 Printed on 11/2/2023
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CITY OF CUPERTINO
Agenda Item
23-12056 Agenda Date: 11/7/2023
Agenda #: 3.

Subject: Approval of the October 10 City Council minutes Approve the October 10 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, October 10, 2023

SPECIAL MEETING
At 6:45 p.m., Mayor Wei called the Special City Council Meeting to order and led the Pledge of Allegiance 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 (6:57 p.m.), J.R. Fruen, and Kitty Moore. Absent: none.

CLOSED SESSION REPORT - None

CEREMONIAL ITEMS

1. Subject: Recognition of October as Hindu Heritage and Awareness Month Recommended Action: Recognize October as Hindu Heritage and Awareness Month Mayor Wei recognized October as Hindu Heritage and Awareness Month.

2. Subject: Recognition of 2nd week of October as Code Enforcement Officer Week Recommended Action: Recognize 2nd week of October as Code Enforcement Officer Week
Mayor Wei recognized the 2nd week of October as Code Enforcement Officer Week.

3. Subject: Silicon Valley Clean Energy (SVCE) Electric Showcase Award honoring Cupertino resident winner
Recommended Action: Receive presentation for SVCE Electric Showcase Award honoring Cupertino resident winner
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Don Bray, SVCE Director of Strategic Development, gave a presentation and introduced awardee Amit Butala.

Council received the presentation for the SVCE Electric Showcase Award honoring a Cupertino resident winner.

POSTPONEMENTS AND ORDERS OF THE DAY - None

ORAL COMMUNICATIONS
Dennis Whitaker (representing De Anza Optimists Club and American Legion Post 642) discussed Optimists Club and veteran events. (Submitted written comments).

At 6:57 p.m., Councilmember Chao joined the meeting.

David Han (representing American Legion Post 642) discussed Wreaths Across America for veterans.

Cathy Helgerson discussed homelessness and immigration and the Israel–Hamas war.

Jean Bedord discussed recorded commission meetings.

Planning Commissioner Muni Madhdhipatla (representing self) discussed Senate Bill 403 and the Israel–Hamas war.

Keith Kreft discussed Blackberry Farm Golf Course rates. (Submitted written comments).

Rich Parker discussed the future of Blackberry Farm Golf Course.

Emily Poon (Friends of Blackberry Farm Golf) discussed the future of Blackberry Farm Golf Course. (Submitted written comments).

Rhoda Fry discussed Blackberry Farm Golf Course, Council procedures, recorded commission meetings, committees, and the Chamber of Commerce. (Submitted written comments).

Jenny discussed various cultural topics and a Code Enforcement matter.

San R discussed recorded commission meetings, Blackberry Farm Golf Course, Sports Center, and Teen Center.

CONSENT CALENDAR (Items 4-10)
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Mayor Wei opened the public comment period and the following people spoke.

Cathy Helgerson provided comments on Item 6.

Mayor Wei closed the public comment period.

MOTION: Fruen moved and Mohan seconded to approve the items on the Consent Calendar, except for Items 5, 9, and 10 which were pulled for discussion. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None.

Absent: None.

MOTION: Fruen moved and Mohan seconded to move Item 10 Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair before the Action Calendar. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain:

None. Absent: None.

Items 5 and 9 were placed after the Action Calendar for consideration.

4. Subject: Approval of the September 19 City Council minutes Recommended Action: Approve the September 19 City Council minutes Written communications for this item included an Amended Attachment A - Draft Minutes, Page 8.

6. Subject: Community Development Block Grant (CDBG) Program funding allocation for the Senior Center Fire Alarm Upgrade Project
Recommended Action: 1. Authorize the use of CDBG funding to upgrade the fire alarm system at the City’s Senior Center, as part of the Capital Improvement Programs (CIP) Building Condition Assessment (BCA) Improvements project.

2. Adopt Resolution No. 23-103 approving Budget Modification No. 2324-305 increasing appropriations in the Capital Improvement Programs Capital Project Fund for the Building Condition Assessment (BCA) Improvements project by $367,951.38 through the use of CDBG funding

7. Subject: First amendment to the Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (TAC) to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

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to allow members to participate in TAC meetings using teleconference technology pursuant to Brown Act provisions.

8. Subject: Updated Resolution Authorizing the City of Cupertino to Apply for CalRecycle Payment Programs.

Recommended Action: Adopt Resolution No. 23-104, authorizing submittal of applications for CalRecycle's Payment Programs using an updated resolution as required by CalRecycle.

PUBLIC HEARINGS - None

ITEMS REMOVED FROM THE CONSENT CALENDAR
As moved during the Consent Calendar, the following item was pulled from the Consent Calendar and placed before the Action Calendar for discussion.

10. Subject: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work Declaration, and authorization for the City Manager to negotiate and execute contract(s) for the repair work
Recommended Action: 1. Adopt Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050;

2. Adopt Resolution No. 23-107 approving budget modification #2324-306, approving a transfer out appropriation of $580,000 from the Capital Reserve Fund (429), a transfer in revenue and increased appropriations of $460,000 to the project (budget unit 420-99- 266), for a total authorized project expenditure of $880,000; and

3. Authorize the City Manager to negotiate and execute a construction contract to perform the repairs, without a public bidding process, for an amount (CIP Project number 2024-01) not to exceed the project's approved funding level of $880,000 Written communications for this item included a supplemental report with staff responses to councilmember questions and new Attachment D - Corrected Staff Report.

CIP Manager Susan Michael and Director of Public Works Chad Mosley reviewed the staff report.

Councilmembers asked questions and made comments.

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

Cathy Helgerson
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Rhoda Fry
San R
Louis Saadati
Mayor Wei closed the public comment period.

MOTION: Chao moved and Fruen seconded to:

1. Adopt Resolution No. 23-106 declaring the repairs necessary to restore Stevens Creek Storm Drain as Emergency Work, per City of Cupertino Municipal Code (CMC) Section 3.23.130 C and Public Contract Code Section 22050;

2. Adopt Resolution No. 23-107 approving budget modification #2324-306, approving a transfer out appropriation of $460,000 from the Capital Reserve Fund (429), a transfer in revenue and increased appropriations of $460,000 to the project (budget unit 420-99-266), for a total authorized project expenditure of $880,000; and

The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore.

Noes: None. Abstain: None. Absent: None.

At 7:58 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 8:04 p.m. with all Councilmembers present.

ACTION CALENDAR

11. Subject: Establish a General Fund Sales Tax Repayment Reserve Recommended Action: A. Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to:
i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million
ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute
iii. Decrease the General Fund Capital Projects Reserve by $10.0 million iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million Presenter: Kristina Alfaro, Director of Administrative Services Written communications for this item included a staff presentation, a supplemental report with staff responses to councilmember questions and written comments from Councilmembers.

Director of Administrative Services Kristina Alfaro gave a presentation. 83 CC 11-07-2023
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Councilmembers asked questions and made comments.

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

Cathy Helgerson
Rhoda Fry
San R
Mayor Wei closed the public comment period.

MOTION: Fruen moved and Chao seconded to:

A. Approve an amendment to the City’s Committed, Unassigned Fund Balance, and Use of One Time Funds Policy to:
i. Create a General Fund Sales Tax Repayment Reserve with an initial allocation of $56.5 million;
ii. Authorize staff to increase the Sales Tax Repayment Reserve when the City receives additional sales tax revenue in dispute;
iii. Decrease the General Fund Capital Projects Reserve by $10.0 million; and iv. Decrease the General Fund Economic Uncertainty Reserve by $6.0 million.

The motion carried with the following vote: Ayes: Wei, Mohan, Chao, and Fruen. Noes:

None. Abstain: Moore. Absent: None.

ITEMS REMOVED FROM THE CONSENT CALENDAR - CONTINUED
The following items were pulled from the Consent Calendar and placed after the Action Calendar for discussion.

5. Subject: Updates to the Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations
Recommended Action: Adopt the updated City of Cupertino’s Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts
Written communications for this item included a supplemental report with staff responses to councilmember questions, new Attachments D - Updated Redline: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, E - Updated Clean: Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, F - Sister and Friendship City Policies and Protocols From Other Cities, and G - Sister City Program Cost Fee Waivers, and written comments from 84 CC 11-07-2023
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Councilmembers.

This item was pulled from the Consent Calendar for discussion.

City Manager Pamela Wu reviewed the staff report and Deputy City Manager Tina Kapoor answered questions.

Councilmembers asked questions and made comments.

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

Helene Davis, representing Cupertino-Copertino Sister City Association Alysa Sakkas, representing Cupertino Toyokawa Sister Cities (CTSC) organization Janice Sung, representing Cupertino-Hsinchu Sister City Association (CHSCA) Rhoda Fry
San R
Mayor Wei closed the public comment period.

SUBSTITUTE MOTION: Chao moved and Moore seconded to adopt the staff recommendation to adopt the updated City of Cupertino’s Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts, with the following additions:
 Retain the minimum of five student delegations with Council approval to consider lower numbers as needed;
 Clarify “non-City supported Sister City Committee”;
 add a “not to exceed amount of $500 per year per committee;  The termination of sister and friendship city committees would continue to come to the Council agenda as Consent items;
 When the city considers fee increases, bring all the fee waivers and community grant funding for the same city resources to be considered together so we are equitable and inclusive to all organizations.

The substitute motion failed with the following vote: Ayes: Chao and Moore. Noes: Wei, Mohan, and Fruen. Abstain: None. Absent: None.

MOTION: Fruen moved and Wei seconded the staff recommendation to adopt the updated City of Cupertino’s Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations, which aim to ensure efficiency within the Sister and Friendship City program and clarity on travel expenses and gifts, with the addition to direct the City Manager to amend the proposed policy to include a definition of an 85 CC 11-07-2023
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“inactive sister city committee” within the meaning of the proposed termination policy, in coordination with the four Sister City Committees.

FRIENDLY AMENDMENT: Wei made a friendly amendment to:
1) Instead of being 5 to 9, the number of students for student delegations will be 4 to 9 throughout the policy. The City Council will consider funding for student delegations less than four students on a case by case basis. 2) Amend the Travel Expenses section as follows:
 The City will pay for 50% of one trip per year, per for the Mayor or their designee member, provided the trip is in conjunction with an official delegation.  All other Council or City staff travel for Sister City programs must shall be funded by Sister City Committee fundraising activities, when feasible, or by the individual traveling councilmember or staff member, unless authorized in advance by the City Council.
 The City will budget for one Sister City delegation trip per year. The number of current Sister City relationships will determine the rotating frequency of delegate visits (e.g. visits to each Sister City will occur every three years when three current Sister City relationships exist, every ten years when ten relationships exist, etc.) Travel expenses for Sister City visits occurring outside this annual rotating schedule will be the sole responsibility of the persons traveling. (Fruen accepted Wei’s friendly amendment).

FRIENDLY AMENDMENT: Chao made a friendly amendment to clarify “non-City supported Sister City Committee.” (Fruen and Wei accepted Chao’s friendly amendment).

FRIENDLY AMENDMENT: Chao made a second friendly amendment to add a “not to exceed amount of $500 per year per committee.” (Wei declined Chao’s second friendly amendment and it was not included in the motion).

FRIENDLY AMENDMENT: Chao made a third friendly amendment: When the City considers fee increases, bring all fee waivers and community grant funding for the same City resources to be considered together so we are equitable and inclusive to all organizations. (Fruen declined Chao’s third friendly amendment and it was not included in the motion).

The amended motion carried with the following vote: Ayes: Wei, Mohan, and Fruen.

Noes: Chao and Moore. Abstain: None. Absent: None.

9. Subject: Award a construction contract for the McClellan Road Separated Bike Corridor Phase 3 Project to Redgwick Construction Company for improvements at the intersection of De Anza Boulevard and McClellan Road/Pacifica Drive and approve a budget modification in the amount of $975,000.

Recommended Action: 1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company;
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2. Authorize the City Manager to execute the contract when all conditions have been met;

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and

4. Adopt Resolution No. 23-105 approving budget modification #2324-304, approving a transfer of $948,552 from the Capital Improvement Fund (budget unit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) 1 Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410.

Written communications for this item included a supplemental report with staff responses to councilmember questions and new Attachment C - Plan View.

This item was pulled from the Consent Calendar for discussion.

Councilmembers asked questions and made comments.

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

Helene Davis
Rhoda Fry
Larry Dean
Henry Widjaja
Planning Commissioner Seema Lindskog (representing self) Parks and Recreation Commissioner Jennifer Shearin (representing self) Bicycle Pedestrian Commissioner Joel Wolf (representing self) San R
Mayor Wei closed the public comment period.

MOTION: Chao moved and Mohan seconded the staff recommendation to:

1. Award a construction contract for the McClellan Road Separated Bike Corridor, Phase 3 Project (Project 2020-12) in the amount of $1,569,386 to Redgwick Construction Company;

2. Authorize the City Manager to execute the contract when all conditions have been met;

3. Authorize the Director of Public Works to execute any necessary construction change orders up to a construction contingency amount of $156,939 (10%) for a total contract amount of $1,726,325; and

4. Adopt Resolution No. 23-105 approving budget modification #2324-304, approving a 87 CC 11-07-2023
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transfer of $948,552 from the Capital Improvement Fund (budget unit 420-99-036 900-905, ST 047) to the Transportation Fund (budget unit 270-99-269 900-905) and approving a transfer of $975,000 within the Transportation Fund from Senate Bill (SB) 1 Capital Outlay (budget unit 270-85-821 900-971) to the project (budget unit 270-99-269 900-905), for a total authorized project expenditure of $2,299,410.

The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore.

Noes: None. Abstain: None. Absent: None.

COUNCIL REPORTS AND COMMENTS

12. Subject: Councilmember Reports
Councilmembers reported on their various committees and activities as provided in the published agenda.

CITY MANAGER REPORT
City Manager Pamela Wu shared a video showing photos of recent events for summer camps and the Summer Concert Series.

ORAL COMMUNICATIONS – CONTINUED – None
INFORMATIONAL ITEMS – None

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Chao and Mohan requested information regarding hybrid options for commission meetings.

ADJOURNMENT
At 10:20 p.m., Mayor Wei adjourned the Special City Council Meeting.

Minutes prepared by:
_________________________
Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
23-12057 Agenda Date: 11/7/2023
Agenda #: 4.

Subject: Approval of the October 17 City Council minutes Approve the October 17 City Council minutes
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DRAFT MINUTES

CUPERTINO CITY COUNCIL
Tuesday, October 17, 2023

SPECIAL MEETING
At 5:30 p.m., Mayor 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 (5:38 p.m.), J.R. Fruen (5:32 p.m.) and Kitty Moore. Absent: none.

ACTION CALENDAR

1. Subject: Approval of Joint Powers Agreement to establish the Cities Association of Santa Clara Count Joint Powers Agency
Recommended Action: 1. Approve the proposed Joint Powers Agreement (“JPA”)

2. Delegate authority to the City Council’s Cities Association of Santa Clara County (“CASCC”) Board representative to report approval of the JPA at the CASCC Board of Directors (“CASCC Board”) Meeting

3. Authorize the City Manager to execute the JPA
Presenter: Christopher Jensen, City Attorney
Written communications for this item included a supplemental report with staff responses to councilmember questions and a councilmember email.

Cities Association of Santa Clara County (“CASCC”) Executive Director Shali Sirkay, San Jose Vice Mayor Chappie Jones, and CASCC Co-General Counsel Jannie Quinn of Renne Public Law Group (RPLG) answered questions.

Councilmembers asked questions and made comments.

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the meeting at 5:38 p.m.

Mayor Wei opened the public comment period and, seeing no one, closed the public comment period.

SUBSTITUTE MOTION: Moore moved and Chao seconded a substitute motion to continue this item until the City of San Jose’s meeting can be viewed, and an informational report can be provided, and then return to Council two- to four-weeks after the meeting.

FRIENDLY AMENDMENT: Chao made a friendly amendment that when the item returns to Council, to consider approving the JPA but with comments addressing concerns on the bylaws, and then send to the CASCC Executive Board for consideration. (Moore accepted Chao’s friendly amendment).

FRIENDLY AMENDMENT: Chao made a second friendly amendment to provide the following comments to the Executive Board:
1) The bylaws should address the concerns for a unified voice by majority vote and include diverse opinions of members;
2) Increase diversity and inclusion in the representation on the Executive Board over time; and
3) Clarify restrictions on policy representation- bylaws should outline the Legislative Action Committee limits and what it can and cannot do in terms of representing policies. (Moore accepted Chao’s friendly amendment).

The substitute motion failed with the following vote: Ayes: Chao and Moore. Noes: Wei, Mohan, and Fruen. Abstain: None. Absent: None.

MOTION: Fruen moved and Mohan seconded to:

1. Approve the proposed Joint Powers Agreement (“JPA”);

3. Authorize the City Manager to execute the JPA.

The motion carried with the following vote: Ayes: Wei, Mohan, and Fruen. Noes: Chao and Moore. Abstain: None. Absent: None.

ADJOURNMENT
At 6:12 p.m., Mayor Wei adjourned the Special City Council Meeting.

REGULAR MEETING
At 6:45 p.m., Mayor Wei called the Regular City Council Meeting to order and led the Pledge of 91 CC 11-07-2023
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Allegiance 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.

CLOSED SESSION REPORT – None

CEREMONIAL ITEMS

1. Subject: Recognition of October as Domestic Violence Awareness Month Recommended Action: Recognize October as Domestic Violence Awareness Month Mayor Wei Recognized October as Domestic Violence Awareness Month.

POSTPONEMENTS AND ORDERS OF THE DAY
Moore moved to continue Item 7 Options for construction of a City Hall facility to a date uncertain. There was no second and the motion was not considered.

ORAL COMMUNICATIONS
Claudio Bono discussed an upcoming Cupertino Historical Society event and political matters.

Kathy Stakey discussed City staff and Domestic Violence Awareness Month.

Chester Haley, representing Carpenters Local Union 405, discussed union values and wages.

Santosh Rao discussed the processes for agenda setting and public comment and City projects and events.

Rhoda Fry discussed recorded commission meetings, the CDTFA audit, City projects, and revenue strategies. (Submitted written comments).

Jenny Huang discussed City policies and a Code Enforcement matter.

Patrick Kwok discussed the street sweeping program and parking enforcement.

Louis Saadati discussed the City Attorney’s response to a lawsuit. 92 CC 11-07-2023
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Lisa Warren discussed the City Attorney’s response to a lawsuit, agenda item selection, and the Housing Element.

CONSENT CALENDAR (Items 2-6)
Mayor Wei opened the public comment period and, seeing no one, closed the public comment period.

Councilmembers made comments.

MOTION: Fruen moved and Chao seconded to approve the items on the Consent Calendar as presented. FRIENDLY AMENDMENT: Chao made a friendly amendment to include the Amended Draft Resolution for Item #6. (Fruen accepted the friendly amendment). The amended motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore.

Noes: None. Abstain: None. Absent: None.

2. Subject: Ratifying Accounts Payable for the periods ending September 1, 2023; September 8, 2023; September 15, 2023; September 22, 2023; and September 29, 2023 Recommended Action: A. Adopt Resolution No. 23-108 ratifying Accounts Payable for the Period ending September 1, 2023;
B. Adopt Resolution No. 23-109 ratifying Accounts Payable for the Period ending September 8, 2023;
C. Adopt Resolution No. 23-110 ratifying Accounts Payable for the Period ending September 15, 2023;
D. Adopt Resolution No. 23-111 ratifying Accounts Payable for the Period ending September 22, 2023; and
E. Adopt Resolution No. 23-112 ratifying Accounts Payable for the Period ending September 28, 2023
Written communications for this item included a supplemental report with staff responses to councilmember questions and a councilmember email.

3. Subject: Second reading of Cupertino Municipal Code, Chapter 9.22, expanding existing property maintenance requirements in accordance with California Health and Safety Code 17970.5
Recommended Action: Conduct a second reading and enact Ordinance No. 23-2250:
“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE CHAPTER 9.22 of Title 9 (Health and Sanitation) TO PROHIBIT SUBSTANDARD HOUSING CONDITIONS".
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4. Subject: Second reading of Ordinance No. 23-2251 amending Tobacco Regulation Ordinance Municipal Code chapter 5.50
Recommended Action: Conduct a second reading and enact Ordinance No. 23-2251; "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 5.50 TO TITLE 5 (BUSINESS LICENSES AND REGULATIONS) TO REGULATE THE SALE OF TOBACCO PRODUCTS".

5. Subject: Stevens Creek Boulevard/Calabazas Creek Storm Drain Repair Emergency Work status report and authorization to continue.

Recommended Action: Receive a status update on the Emergency Work at Stevens Creek Boulevard/Calabazas Creek Storm Drain Capital Improvement Programs (CIP) project and authorize the continuation of the emergency action, by four-fifths vote.

Written communications for this item included a supplemental report with staff responses to councilmember questions, new Attachment A - Plans for Calabazas Creek at Stevens Creek Blvd and Attachment B - Photos of Storm Drain Damage, and a councilmember email.

6. Subject: Amend the established City Council meeting calendar through January 17, 2024
Recommended Action: Adopt Resolution 23-113 amending the established City Council meeting calendar through January 17, 2024
Written communications for this item included new Attachment B - Amended Draft Resolution and an email to Council.

PUBLIC HEARINGS – None

ACTION CALENDAR

7. Subject: Options for construction of a City Hall facility Recommended Action: Direct staff to pursue conceptual development of a mixed used Public Private Partnership for City Hall and the Sports Center properties Written communications for this item included a staff presentation, a supplemental report with staff responses to councilmember questions, a councilmember email, and emails to council.

Assistant City Manager Matt Morley and CIP Manager Susan Michael gave a presentation.
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Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke. Mayor Wei reduced the time allotted for public comment and allowed for consolidation of time among speakers.

Brooke Ezzat
Susan Wuthrich (submitted written comments)
Enuace, Ken, Larry, Betty, and Lauie ceded time to Susan Wuthrich.

Rocky Chen
Ravi Rajagopalan
Marcia Alicea
Vidya
Janet Chang
Madhumita Datta
Kamchan Patalay
Edward Hirschfield
Ravi Kumar, Sargon Issac, Lee See Loh, and Carrie Y ceded time to Edward Hirschfield.

Joe Stevens
Laura Carroll
Pankaj Malviya
Tak Young, Gloria Young, Kiran Kolpe, and George Mattinger ceded time to Pankaj Malviya.

Santosh Rao
Ahmad Yazdi
Patrick Kwok
Sandra Miller
Rajeev Krishnamoorthy
Rhoda Fry
Derek Chen
Prathap Kudupu
Arjun Ghatak
Craig Cerbagi
Amir
Jean Yih
Poonam
Amy Meno
Sam Liu
Karen
Srinivas Ketavarapu
Jean Bedord
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Mayor Wei closed the public comment period.

At 9:12 p.m., Mayor Wei recessed the meeting. The meeting reconvened at 9:19 p.m. with all Councilmembers present.

SUBSTITUTE MOTION: Moore moved and Chao seconded a substitute motion to deny the recommended action and reaffirm the prior City Council renovation and pursue the alternative a la carte options. Moore’s substitute motion failed with the following vote:

Ayes: Chao and Moore. Noes: Wei, Mohan, and Fruen. Abstain: None. Absent: None.

SUBSTITUTE MOTION: Chao moved and Moore seconded a substitute motion to stop spending more staff time and money on consultants to pursue options that would likely come at a significant cost to the City; and consider putting a Council sponsored ballot measure in the 2024 General Election to ask for voter approval of the renovation of the City Hall project, up to $40M ($37.5M with some contingency cost). Chao’s substitute motion failed with the following vote: Ayes: Chao and Moore. Noes: Wei, Mohan, and Fruen. Abstain: None. Absent: None.

MOTION: Wei moved and Fruen seconded to direct staff to pursue conceptual development with viable financing strategies for the City Hall, including a new City Hall and/or renovation of existing City Hall, while excluding development to publicly owned recreational facilities including the Sports Center. Also, instruct City staff to research and bring to the public and City Council the following:
1) Examples of successful Public Private Partnership projects for reference; 2) Pursue partnership with potential development partnerships.

The motion carried with the following vote: Ayes: Wei, Mohan, and Fruen. Noes: Chao and Moore. Abstain: None. Absent: None.

8. Subject: Blackberry Farm (BBF) Golf Course Feasibility Study, considering options to complete minimal repairs and improvements to the BBF Golf Course (Option 1) or convert BBF Golf Course to a Natural Habitat (Option 3).

Recommended Action: Direct staff to proceed with minimal repairs to maintain the BBF Golf Course (Option 1).

Written communications for this item included a staff presentation and emails to Council.

Director of Public Works Chad Mosley and CIP Manager Susan Michael gave a presentation.
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Councilmembers asked questions and made comments.

Mayor Wei opened the public comment period and the following people spoke. Mayor Wei reduced the time allotted for public comment.

Xinpei
Dave Villafana
Andy Garrido
Kathy Stakey
Pat Dowd
Emily Poon, representing Friends of Blackberry Farm Golf Course (submitted written comments)
Rhoda Fry
Keith Kreft
Len Dumas, representing Northern California PGA
Emmy Moore Minister
Jean Bedord
Will Johnson (submitted written comments)
Rich Parker
Mayor Wei paused the public comment period.

MOTION: Wei moved and Fruen seconded to extend the meeting to 11:30 p.m. to continue discussion on this item. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.

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

Claudio Bono
Nancy Sallan
Dashiell Leeds, representing Sierra Club Loma Prieta Chapter Shani Kleinhaus, representing Santa Clara Valley Audubon Society San R
Nick Bailey
Lisa Warren
Mayor Wei closed the public comment period.

MOTION: Chao moved and Fruen seconded the staff recommendation (to retain the Golf Course) to direct staff to proceed with minimal repairs to maintain the BBF Golf Course (Option 1) and, in addition:
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 prioritize (b) “Evaluate operational and fee rate changes that may improve revenue generation and cost recovery” - the fee update since it hasn’t been updated for many years.
 bring a simpler fee schedule update to the Council as soon as possible. (Fruen seconded the motion with the proviso that it be discussed further).

FRIENDLY AMENDMENT Chao made a friendly amendment:

Amendment 1:
 Bring more information on Audubon certification to the Council.  In one to two years, bring a proposal for fee restructuring to consider:
o deeper discounts for Cupertino residents.
o deeper discounts for youth 18 years or younger and/or fee waiver for younger youth.
o deeper discounts and/or fee waiver for low income residents and public agency employees.

Amendment 2:
 Consult with organizations like Audubon and Sierra Club on the minimal improvements to be wildlife friendly - such as no addition of netting and  The operation shall not exceed the current operation time to protect wildlife.  No future discussion of leasing or selling or intensifying the site. Retain the city ownership.
(Fruen declined the friendly amendment and it was not included in the motion).

FRIENDLY AMENDMENT: Fruen made a friendly amendment that with the recommended direction, staff will pursue:
a. An updated scope, schedule of work, and cost estimate relating to Option 1 (minimal repairs to the golf course);
b. Evaluate operational and fee rate changes that may improve revenue generation and cost recovery;
c. Investigate golf course and facility improvements that may increase revenue, further reduce water use, and opportunities to increase natural habitat areas where feasible; and
d. Explore the potential of leasing the golf course to an outside vendor to further reduce expenditures and increase City revenues.
e. Focus plans for outdoor uses on daytime use in order to avoid significant evening light impacts and noise impacts.
(Chao accepted the friendly amendment).

FRIENDLY AMENDMENT: Chao made a friendly amendment to bring more information on Audubon certification to the Council. (Fruen accepted the friendly amendment).

FRIENDLY AMENDMENT: Chao made a friendly amendment for no future discussion of leasing or selling or intensifying the site and to retain the city ownership. (Fruen declined the friendly amendment and it was not included in the motion). 98 CC 11-07-2023
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FRIENDLY AMENDMENT: Moore made a friendly amendment to modify the language for lighting for night activities to prohibit wildlife disturbing night activities with lighting. (Fruen declined the friendly amendment and it was not included in the motion).

Council did not vote on this motion.

MOTION: Wei moved and Chao seconded to extend the meeting to 11:45 p.m. to continue discussion on the item. The motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.

SUBSTITUTE MOTION: Wei moved and Moore seconded the recommended action.

With the recommended direction, staff will pursue:
a. An updated scope, schedule of work, and cost estimate relating to Option 1 (minimal repairs to the golf course);
b. Evaluate operational and fee rate changes that may improve revenue generation and cost recovery;
c. Investigate golf course and facility improvements that may increase revenue, further reduce water use, and to look for opportunities to increase natural habitat areas where feasible; and
d. Explore the potential of leasing the golf course to an outside vendor to further reduce expenditures and increase City revenues.

The substitute motion carried with the following vote: Ayes: Wei, Mohan, Chao, Fruen, and Moore. Noes: None. Abstain: None. Absent: None.

ADJOURNMENT
At 11:27 p.m., Mayor Wei adjourned the Regular City Council Meeting, per Council rule. There was no Council discussion on the remaining agenda items.

COUNCIL REPORTS AND COMMENTS

9. Subject: Councilmember Reports
Written communications for this item included a supplemental report from Mayor Wei.

Councilmembers reported on their various committees and activities as provided in the published agenda and written communications.

CITY MANAGER REPORT
Council did not hear this item.
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ORAL COMMUNICATIONS - CONTINUED - None

INFORMATIONAL ITEMS

10. Subject: Receive the Monthly Treasurer's Report for September 2023 Recommended Action: Receive the Monthly Treasurer's Report for September 2023 The Monthly Treasurer's Report for September 2023 was provided as part of the published agenda.

11. Subject: Receive the Monthly Treasurer's Investment Report for September 2023 Recommended Action: Receive the Monthly Treasurer's Investment Report for September 2023
The Monthly Treasurer's Investment Report for September 2023 was provided as part of the published agenda.

COUNCIL AND STAFF COMMENTS AND FUTURE AGENDA ITEMS
Council did not hear this item.

Minutes prepared by:
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Kirsten Squarcia, City Clerk
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CITY OF CUPERTINO
Agenda Item
23-12574 Agenda Date: 11/7/2023
Agenda #: 5.

Subject: Setting a hearing date on January 17, 2024 to declare a public nuisance (from weeds) and to consider objections for proposed removal; declaring properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program Adopt Resolution No. 23-117 declaring properties as having potential fire hazards from weeds or other potential nuisances and set hearing on January 17, 2024 to declare a public nuisance and to consider objections for proposed removal
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1 CITY COUNCIL STAFF REPORT
Meeting: November 7, 2023
Subject
Declare properties as having potential fire hazards from weeds or other potential nuisances for the Cupertino Weed Abatement Program.

Recommended Action
Adopt Resolution No. 23-____ declaring properties as having potential fire hazards from weeds or other potential nuisances and set hearing on January 17, 2024 to declare a public nuisance and to consider objections for proposed removal.

Discussion
The Cupertino Weed Abatement Program is in place to prevent fire hazards and other nuisances posed by vegetative growth (weeds) and the accumulation of combustible materials. This program is managed by the Santa Clara County Department of Agriculture. Cupertino Municipal Code Chapter 9.08 requires property owners to remove or destroy weeds on their property for fire and public health protection. Cupertino Municipal Code Chapter 9.08.020 states the following:

Whenever any weeds are growing upon any private property or properties or in any street or alley within the City. The City Council shall pass a resolution declaring the same to be a public nuisance and order the County Agricultural Commissioner to give notice of the passage of such resolution as provided in this chapter, and state therein that, unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the County Agricultural Commissioner, and the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, such weeds have been destroyed or removed. Such resolution shall fix the time and place for hearing any objections to the proposed destruction or removal of the weeds.

The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner does not do so, and allow the County to recover the costs of abatement.
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2 Process for Weed Abatement Program Outlined
The weed abatement process consists of nine steps that begin in November and go through August of each year, as shown on the following list. Step one of the process is for the City Council to adopt a resolution declaring properties as having potential fire hazards from weeds or other potential nuisances and to set a hearing on January 17, 2024 to declare a public nuisance and to consider objections for proposed removal. On October 31, 2023, the County filed with the City the report of properties that have been identified as being noncompliant with the abatement program requirements (Attachment B, Exhibit A in Resolution).

The steps in the process are outlined below:

1. County prepares a report of all properties that have been non-compliant in removing weeds in the last three years and provides that report to the City and the City sets a January hearing date (November-December) (Attachment B, Exhibit A in Resolution).

2. County sends notice to the property owners on the report notifying them of the hearing date and explaining that they must remove or destroy weeds by the abatement deadline of April 30, 2024 or it will be done for them, with cost of the abatement plus administrative costs assessed to their property (Dec). The City also sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. If a property is abated before the April 30 deadline then the initial inspection fee will be waived (January).

3. City sends a courtesy letter to property owners listed on the report, notifying them of the hearing and the abatement deadline. If a property is abated before the April 30 deadline then the initial inspection fee will be waived. (January).

4. City Council holds the hearing to consider objections by property owners and adopts a resolution declaring weeds a public nuisance and ordering abatement (January).

5. County sends a courtesy letter to property owners listed on the report, notifying them again of the abatement deadline, and noting that they will work with the property owner to be sure the weeds are removed (January-February).

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

7. After April 30, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the property fails the inspection. The County makes a report of all costs associated with the abatement and provides that report to the City (June-July). The County also provides a report of costs associated with the initial 103
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3 inspection fee for compliant properties, for payment by the City and a report that includes properties that failed the inspection and associated costs proposed to be assessed.

8. City notifies the property owners listed on the assessment report, notifying them of the hearing date. (July-August)

9. City Council holds a hearing, considers any disputes, and adopts a resolution placing a lien assessment on the properties to allow the County to recover the cost of weed and/or brush abatement (July-August).

The attached draft resolution will declare the listed properties as being a potential fire hazard due to weeds and/or combustible materials, or a potential nuisance due to weeds that are noxious, dangerous, or pose health risks. If Council adopts the resolution, property owners on the report will receive notices from the County and the City indicating that public nuisance declared their property must be abated, and that the City Council will conduct a public hearing on January 17, 2024 in order to consider objections to the proposed abatement.

During the public hearing on January 17, the Council will be asked to approve the Weed Abatement Program report and to declare a public nuisance. If approved, the County will be authorized to perform an inspection of the properties on the report to determine if the property has met the Weed Abatement Program requirements. Property owners will have until April 30, 2024 to abate their property.

Fiscal Impact
There is no fiscal impact at this step of the process.

Sustainability Impact
There is no sustainability impact.
_____________________________________
Reviewed by: Kirsten Squarcia, City Clerk
Approved for Submission by: Pamela Wu, City Manager
Attachments:

A - Draft Resolution and Exhibit A
B – Cupertino Commencement Report (Exhibit A)
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RESOLUTION NO. 23-

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A

POTENTIAL FIRE HAZARD OR OTHER POTENTIAL NUISANCES AND

SETTING A HEARING TO DECLARE PUBLIC NUISANCE AND FOR

OBJECTIONS TO PROPOSED REMOVAL
WHEREAS, weeds as described in Chapter 9.08 of the Cupertino Municipal Code are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and
WHEREAS, said weeds are undesirable, noxious, and dangerous and/or due to their rapid growth are or may become a fire menace; as such, said weeds constitute a potential public nuisance under state law and Chapter 9.08 of the Cupertino Municipal Code; and
WHEREAS, property owners and other persons occupying or having charge or control of any building, lot, or premises within the City are required to remove weeds in accordance with the provisions of Chapter 9.08 of the Cupertino Municipal Code;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows:

1. Weeds growing upon any private property or in any street or alley within the City in violation of Cupertino Municipal Code, Chapter 9.08 constitute a public nuisance;

2. The weeds found on the streets, sidewalks, highways, roads and private property, which properties are identified by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the County Agricultural Commissioner and attached hereto as Exhibit A, are declared as having potential fire hazards or other potential nuisances due to weeds that are noxious, dangerous, or pose health risks;

3. That the 17th day of January, 2024, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino and via teleconference, with details on 105
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how to attend the meeting appearing on the City Council agenda for that date, are hereby set as the time and place to determine whether the condition is a public nuisance and where all property owners having any objections to the proposed removal of such weeds may be heard;

4. That the Agricultural Commissioner is hereby designated and ordered to give notice of the adoption of this resolution, in the manner and form provided in Chapter 9.08 of the Cupertino Municipal Code.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of November 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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Situs APN CITY/STATE
2024 WEED ABATEMENT PROGRAM

COMMENCEMENT REPORT

CITY OF CUPERTINO
T
Exhibit A
1 21001 HAZELBROOK DR 326-28-095 JAGANATHAN, RAMESH AND 21001 HAZELBROOK DR CUPERTINO CA 95014-1628 130 2 10301 BEARDON DR 326-30-042 CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-1903 130 3 20847 GARDEN GATE DR 326-30-048 PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-1807 130 4 10469 GLENCOE DR 326-30-106 ZHAI, JLANJUN AND WEI , LI 11566 FALLCREEK SPRING CT CUPERTINO CA 95014-5118 130 5 10450 GLENCOE DR 326-30-139 WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-1816 130 6 10228 LOCKWOOD DR 342-14-040 PRESTANO, MICHAEL R 2231 NOLA DR SAN JOSE CA 95125-3946 130 7 22645 SAN JAUN RD 342-17-067 MULLEN, EVA JO TRUSTEE PO BOX 835 CUPERTINO CA 95015-0835 130 8 10611 SANTA LUCIA RD 342-17-095 HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-3937 130 9 5 Joe EL CERRITO RD 342-21-004 ITEM, WERNER AND GLORIA E 22670 SAN JUAN RD CUPERTINO CA 95014-3933 130 10 5 Joe 342-45-001 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070 130 11 23025 VOSS AV 342-50-015 SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-2661 130 12 0 (LAND ONLY) 342-50-019 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070 13-0 13 22540 STEVENS BL 342-66-001 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 14 22536 STEVENS BL 342-66-002 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 15 22532 STEVENS BL 342-66-003 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 16 22528 STEVENS BL 342-66-004 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 17 22524 STEVENS BL 342-66-005 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 18 21542 REGNART RD 356-23-040 LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-4819 130 19 22028 LINDY LN 356-27-007 THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-4811 130 20 22090 LINDY LN 356-27-020 HANGGI, EVELYN B TRUSTEE 61145 WARD RD BEND OR 97702 130 21 22032 LINDY LN 356-27-025 DE, KALPAJIT AND MAJUMDER , 22032 LINDY LN CUPERTINO CA 95014-4811 130 22 10164 S FOOTHILL BL 357-01-091 MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-2602 130 23 10209 CARMEN RD 357-02-001 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-2707 130 24 22310 PALM AV 357-04-023 VAN BLOMMESTEIN, ROBERT AND 1144 BRACE AVE SAN JOSE CA 95125-3200 130 24 records of 104 Santa Clara County Weed Abatement Program Page 1 107
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Exhibit A
25 22284 PALM AV 357-04-032 WATANABE, RYOJI AND LI , LILY C 22284 PALM AVE CUPERTINO CA 95014-2709 130 26 10234 SCENIC BL 357-08-052 XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 95070 130 27 10234 SCENIC BL 357-08-053 XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 95070 130 28 10234 SCENIC BL 357-08-054 XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 95070 130 29 20950 STEVENS BL 359-07-006 BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-5610 130 30 10478 S STELLING RD 359-13-136 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-1809 130 31 10400 S STELLING RD 359-13-137 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-1809 130 32 7540 5 MCCLELLAN RD 359-19-043 TIWARI, ANOOP KUMAR TRUSTEE & 7540 MCCLELLAN RD CUPERTINO CA 95014-2943 130 33 20860 MCCLELLAN RD 359-20-030 ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-1911 130 34 CRANBERRY DR 362-02-048 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 35 0 CRANBERRY DR 362-04-058 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 36 0 362-09-026 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 37 7898 5 FIESTA LN 362-15-012 KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-0000 130 38 362-16-037 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 39 0 362-19-033 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 40 5 Joe DR 362-31-030 ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 130 41 0 S STELLING RD 366-09-028 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 42 0 STAUFFER LN 366-09-053 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 43 1258 5 S STELLING RD 366-11-109 VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-5257 130 44 21670 RAINBOW CT 366-38-005 CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-4829 130 45 22365 REGNART RD 366-40-004 KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-4824 130 46 22033 REGNART RD 366-46-005 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 130 47 22045 REGNART RD 366-46-006 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 130 48 19990 S HALL CT 369-04-017 LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 95128 130 48 records of 104 Santa Clara County Weed Abatement Program Page 2 108
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Exhibit A
49 6613 5 JOHN DR 369-24-024 HU, PING AND WEI 6611 JOHN DR CUPERTINO CA 95014-4562 130 50 898 5 BRENT DR 369-24-025 KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553 130 51 885 5 BETLIN AV 369-27-028 LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301 130 52 10539 S BLANEY AV 369-33-001 CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-4542 130 53 19361 PHIL LN 375-05-029 LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-3429 131 54 10067 S TANTAU AV 375-07-007 WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-3541 131 55 19160 COZETTE LN 375-07-022 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-2707 131 56 10080 S TANTAU AV 375-07-042 MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-3542 131 57 10177 JUDY AV 375-07-056 YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-3522 131 58 19148 LOREE AV 375-08-002 LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-3539 131 59 10399 S TANTAU AV 375-08-026 GUY, JOY M TRUSTEE 1174 CANYONWOOD CT APT WALNUT CREEK CA 94595-3629 131 60 10024 BRET AV 375-11-047 10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-7440 131 61 10200 STERN AV 375-12-002 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 132 62 18904 ARATA WY 375-13-003 WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-4200 132 63 10365 MORETTI DR 375-14-011 LOK, JAMES S AND JANE F TRUSTEE 3926 KINGRIDGE DR SAN MATEO CA 94403 132 64 10360 MORETTI DR 375-15-005 BHARDWAJ, AMIT AND MANGAL , 10360 MORETTI DR CUPERTINO CA 95014-3639 132 65 16464 MORETTI DR 375-16-042 PENTA-LOURDUSAMY, LEEMA J 375 MINUTE ARMS RD UNION NJ 07083-9125 132 66 18731 BARNHART AV 375-17-048 XIE, DEPING AND SUN , HUAMIN 18731 BARNHART AVE CUPERTINO CA 95014-3803 132 67 18755 BARNHART AV 375-17-051 JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 132 68 10361 JOHNSON AV 375-18-039 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 132 69 10540 STERLING BL 375-23-032 STERLING REALTY LLC 10542 STERLING BLVD CUPERTINO CA 95014-3834 132 70 10460 STERLING BL 375-23-041 ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-3832 132 71 10308 STERLINGB RD 375-24-017 HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-2847 132 72 18621 RUNO CT 375-25-023 WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-3865 132 72 records of 104 Santa Clara County Weed Abatement Program Page 3 109
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Exhibit A
73 10365 STERLING BL 375-25-044 LAKSHMINARAYANAN, 10365 STERLING BLVD CUPERTINO CA 95014-3830 132 74 18730 BARNHART AV 375-27-001 VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-3804 132 75 18781 TUGGLE AV 375-27-025 CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-5345 132 76 18760 BARNHART AV 375-27-041 HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-3804 132 77 10589 GASCOGNE DR 375-28-011 ZHAI, JIANJUN 11566 FALLCREEK SPRING CT CUPERTINO CA 95014-5118 132 78 10624 JOHNSON AV 375-28-026 ANANTH, SHARATH AND BHAT , 10624 JOHNSON AVE CUPERTINO CA 95014-3817 132 79 10692 GASCOIGNE DR 375-29-020 YU, DONALD AND JEWELEEH 10692 GASCOIGNE DR CUPERTINO CA 95014-3846 132 80 10800 MINETTE DR 375-31-033 KARKHANIS, CHETAN AND APOORVA 2322 RAMBO CT SANTA CLARA CA 95054-1339 132 81 10752 MINETTE DR 375-31-038 WU, JENNIFER AND LIU , JAMES 10136 ENGLISH OAK WAY CUPERTINO CA 95014-5609 132 82 10740 MINETTE DR 375-31-039 CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-3615 132 83 10728 CARVER DR 375-32-010 MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-3609 132 84 10630 CARVER DR 375-32-020 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 132 85 10616 CARVER DR 375-32-021 YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-3607 132 86 18870 TUGGLE AV 375-32-024 DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-3626 132 87 18880 PENDERGAST AV 375-33-044 HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-3621 132 88 10657 MORENGO DR 375-34-013 ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-3513 132 89 10670 MORENGO DR 375-34-058 CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-3514 132 90 18830 HUNTER WY 375-35-001 THOMPSON, LARRY L AND SHIRLEY 40133 CANYON HEIGHTS DR FREMONT CA 94539-3008 132 91 19050 MEIGGS LN 375-35-053 KIM, MINKYU AND HEEJUNG 19050 MEIGGS LN CUPERTINO CA 95014-3511 132 92 19040 MEIGGS LN 375-35-054 ZHOU, JINING AND GAO , LIKE 19040 MEIGGS LN CUPERTINO CA 95014-3511 132 93 10650 JOHANSEN DR 375-36-008 JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-5541 132 94 10627 CULBERTSON DR 375-36-027 MC GRATH PATRICK W P.O. BOX 2422 PALO ALTO CA 94309-2422 13-2 95 19141 MEIGGS LN 375-37-001 XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-6406 132 96 10720 S TANTAU AV 375-37-002 QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-0000 132 96 records of 104 Santa Clara County Weed Abatement Program Page 4 110
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Exhibit A
97 10524 S TANTAU AV 375-37-020 LIU, XIONG AND GUO , YAQIONG 10524 S TANTAU AVE CUPERTINO CA 95014-0000 132 98 10593 JOHANSEN DR 375-37-053 BURTZLAFF, JAMES L PO BOX 464 CUPERTINO CA 95015-0464 132 99 10605 JOHANSEN DR 375-37-055 YUEN, ALAN K AND CHEUNG , 22277 CRESCENT RD CUPERTINO CA 95014-0000 132 100 10611 JOHANSEN DR 375-37-056 SHINOHARA, YOSHIKAZU AND 10611 JOHANSEN DR CUPERTINO CA 95014-3508 132 101 891 5 S TANTAU AV 375-38-044 HUANG, ZERY-KUEN AND YU-MEI 891 S TANTAU AVE CUPERTINO CA 95014-4648 130 102 947 5 S TANTAU AV 375-38-051 LIANG, SIDNEY 947 S TANTAU AVE CUPERTINO CA 95014-4601 130 103 604 5 MILLER AV 375-42-016 JAN, SEAWAY AND HUNG , CHIA YING604 MILLER AVE CUPERTINO CA 95014-4640 130 104 605 5 PHIL CT 375-42-017 KEDILAYA, SHASHI AND 605 PHIL CT CUPERTINO CA 95014-4654 130 104 records of 104 Santa Clara County Weed Abatement Program Page 5 111
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Exhibit A
1 21001 HAZELBROOK DR 326-28-095 JAGANATHAN, RAMESH AND 21001 HAZELBROOK DR CUPERTINO CA 95014-1628 130 2 10301 BEARDON DR 326-30-042 CHEN, WENHAU HORUS TRUSTEE & 20711 FARGO DR CUPERTINO CA 95014-1903 130 3 20847 GARDEN GATE DR 326-30-048 PADMANABAN, GOVINDARAJ A 20847 GARDEN GATE DR CUPERTINO CA 95014-1807 130 4 10469 GLENCOE DR 326-30-106 ZHAI, JLANJUN AND WEI , LI 11566 FALLCREEK SPRING CT CUPERTINO CA 95014-5118 130 5 10450 GLENCOE DR 326-30-139 WOODWARD, DOUGLAS C TRUSTEE 10450 GLENCOE DR CUPERTINO CA 95014-1816 130 6 10228 LOCKWOOD DR 342-14-040 PRESTANO, MICHAEL R 2231 NOLA DR SAN JOSE CA 95125-3946 130 7 22645 SAN JAUN RD 342-17-067 MULLEN, EVA JO TRUSTEE PO BOX 835 CUPERTINO CA 95015-0835 130 8 10611 SANTA LUCIA RD 342-17-095 HUNTS, SUSAN E ET AL 10611 SANTA LUCIA RD CUPERTINO CA 95014-3937 130 9 5 Joe EL CERRITO RD 342-21-004 ITEM, WERNER AND GLORIA E 22670 SAN JUAN RD CUPERTINO CA 95014-3933 130 10 5 Joe 342-45-001 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY UNIT 230 SAN CARLOS CA 94070 130 11 23025 VOSS AV 342-50-015 SAMPATH, NANDAKUMAR AND 23025 VOSS AVE CUPERTINO CA 95014-2661 130 12 0 (LAND ONLY) 342-50-019 CHAMBERLAIN, JACK T TRUSTEE 655 SKYWAY 230 SAN CARLOS CA 94070 13-0 13 22540 STEVENS BL 342-66-001 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 14 22536 STEVENS BL 342-66-002 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 15 22532 STEVENS BL 342-66-003 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 16 22528 STEVENS BL 342-66-004 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 17 22524 STEVENS BL 342-66-005 ALAN ENTERPRISE LLC 1177 CALIFORNIA ST UNIT SAN FRANCISCO CA 94108 130 18 21542 REGNART RD 356-23-040 LI, XUESONG AND TU , YITSEN 21542 REGNART RD CUPERTINO CA 95014-4819 130 19 22028 LINDY LN 356-27-007 THOMAS, TONY G AND MATHEW , 22028 LINDY LN CUPERTINO CA 95014-4811 130 20 22090 LINDY LN 356-27-020 HANGGI, EVELYN B TRUSTEE 61145 WARD RD BEND OR 97702 130 21 22032 LINDY LN 356-27-025 DE, KALPAJIT AND MAJUMDER , 22032 LINDY LN CUPERTINO CA 95014-4811 130 22 10164 S FOOTHILL BL 357-01-091 MCKERNAN, DANIEL S AND 10164 S FOOTHILL BLVD CUPERTINO CA 95014-2602 130 23 10209 CARMEN RD 357-02-001 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-2707 130 24 22310 PALM AV 357-04-023 VAN BLOMMESTEIN, ROBERT AND 1144 BRACE AVE SAN JOSE CA 95125-3200 130 24 records of 104 Santa Clara County Weed Abatement Program Page 1 112
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Exhibit A
25 22284 PALM AV 357-04-032 WATANABE, RYOJI AND LI , LILY C 22284 PALM AVE CUPERTINO CA 95014-2709 130 26 10234 SCENIC BL 357-08-052 XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 95070 130 27 10234 SCENIC BL 357-08-053 XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 95070 130 28 10234 SCENIC BL 357-08-054 XIE, WEI ET AL 18255 CLEMSON AVE SARATOGA CA 95070 130 29 20950 STEVENS BL 359-07-006 BARTELS PROPERTIES ET AL 865 COTTON ST MENLO PARK CA 94025-5610 130 30 10478 S STELLING RD 359-13-136 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-1809 130 31 10400 S STELLING RD 359-13-137 WU, YUN JUNG AND CHIN-YUN 20985 GARDEN GATE DR CUPERTINO CA 95014-1809 130 32 7540 5 MCCLELLAN RD 359-19-043 TIWARI, ANOOP KUMAR TRUSTEE & 7540 MCCLELLAN RD CUPERTINO CA 95014-2943 130 33 20860 MCCLELLAN RD 359-20-030 ALPHAMCCLELLAN LLC 97 BOSTON AVE SAN JOSE CA 95128-1911 130 34 CRANBERRY DR 362-02-048 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 35 0 CRANBERRY DR 362-04-058 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 36 0 362-09-026 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 37 7898 5 FIESTA LN 362-15-012 KRIMSON COAST HOLDINGS LLC 1509 LAURELWOOD SAN JOSE CA 95138-0000 130 38 362-16-037 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 130 39 0 362-19-033 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 40 5 Joe DR 362-31-030 ALMASI, AZITA TRUSTEE & ET AL 965 LAUREL GLEN DR PALO ALTO CA 94304-1323 130 41 0 S STELLING RD 366-09-028 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 42 0 STAUFFER LN 366-09-053 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 13-0 43 1258 5 S STELLING RD 366-11-109 VASAVAKUL, THAVEESINN AND 1258 S STELLING RD CUPERTINO CA 95014-5257 130 44 21670 RAINBOW CT 366-38-005 CHELLADURAI, JAYAKUMAR AND 21670 RAINBOW CT CUPERTINO CA 95014-4829 130 45 22365 REGNART RD 366-40-004 KOLLIPARA, RAVINDRANATH AND 22365 REGNART RD CUPERTINO CA 95014-4824 130 46 22033 REGNART RD 366-46-005 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 130 47 22045 REGNART RD 366-46-006 BIGLER, ROBERT A AND PUNITA P 11230 BUBB RD CUPERTINO CA 95014-4979 130 48 19990 S HALL CT 369-04-017 LAMBIE, RICHARD H TRUSTEE 367 S BAYWOOD AVE SAN JOSE CA 95128 130 48 records of 104 Santa Clara County Weed Abatement Program Page 2 113
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Exhibit A
49 6613 5 JOHN DR 369-24-024 HU, PING AND WEI 6611 JOHN DR CUPERTINO CA 95014-4562 130 50 898 5 BRENT DR 369-24-025 KUOK, CHUN FREDERICK 898 BRENT DR CUPERTINO CA 95014-4553 130 51 885 5 BETLIN AV 369-27-028 LEE, TSUNG-EN TRUSTEE & ET AL 701 SENECA ST PALO ALTO CA 94301 130 52 10539 S BLANEY AV 369-33-001 CHANG, MINGO M AND YOUNG , 10539 S BLANEY AVE CUPERTINO CA 95014-4542 130 53 19361 PHIL LN 375-05-029 LI, YIMIN AND HUANG , YUANYUAN 19361 PHIL LN CUPERTINO CA 95014-3429 131 54 10067 S TANTAU AV 375-07-007 WU, HUNGJEN HENRY 10067 S TANTAU AVE CUPERTINO CA 95014-3541 131 55 19160 COZETTE LN 375-07-022 HSU, TRACY TRUSTEE 22330 SANTA PAULA AVE CUPERTINO CA 95014-2707 131 56 10080 S TANTAU AV 375-07-042 MAHAJAN, HAMENT AND MANJU 10080 S TANTAU AVE CUPERTINO CA 95014-3542 131 57 10177 JUDY AV 375-07-056 YANG, YI-NING 10177 JUDY AVE CUPERTINO CA 95014-3522 131 58 19148 LOREE AV 375-08-002 LO, SHIHCHE AND WANG , PEICHEN 19148 LOREE AVE CUPERTINO CA 95014-3539 131 59 10399 S TANTAU AV 375-08-026 GUY, JOY M TRUSTEE 1174 CANYONWOOD CT APT WALNUT CREEK CA 94595-3629 131 60 10024 BRET AV 375-11-047 10024 BRET LLC 1028 POLK AVE SUNNYVALE CA 94086-7440 131 61 10200 STERN AV 375-12-002 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 132 62 18904 ARATA WY 375-13-003 WU, BENJAMIN HONG AND 20988 FAIRWOODS CT CUPERTINO CA 95014-4200 132 63 10365 MORETTI DR 375-14-011 LOK, JAMES S AND JANE F TRUSTEE 3926 KINGRIDGE DR SAN MATEO CA 94403 132 64 10360 MORETTI DR 375-15-005 BHARDWAJ, AMIT AND MANGAL , 10360 MORETTI DR CUPERTINO CA 95014-3639 132 65 16464 MORETTI DR 375-16-042 PENTA-LOURDUSAMY, LEEMA J 375 MINUTE ARMS RD UNION NJ 07083-9125 132 66 18731 BARNHART AV 375-17-048 XIE, DEPING AND SUN , HUAMIN 18731 BARNHART AVE CUPERTINO CA 95014-3803 132 67 18755 BARNHART AV 375-17-051 JOHNSON, ALLEN R 1220 TASMAN DR SPC 513 SUNNYVALE CA 94089 132 68 10361 JOHNSON AV 375-18-039 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 132 69 10540 STERLING BL 375-23-032 STERLING REALTY LLC 10542 STERLING BLVD CUPERTINO CA 95014-3834 132 70 10460 STERLING BL 375-23-041 ZHANG, AILI 10460 STERLING BLVD CUPERTINO CA 95014-3832 132 71 10308 STERLINGB RD 375-24-017 HAO, STEVE MIN AND SUN , QING 6962 BOLLINGER RD SAN JOSE CA 95129-2847 132 72 18621 RUNO CT 375-25-023 WANG, HENG-YUAN AND LEE , 18621 RUNO CT CUPERTINO CA 95014-3865 132 72 records of 104 Santa Clara County Weed Abatement Program Page 3 114
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Exhibit A
73 10365 STERLING BL 375-25-044 LAKSHMINARAYANAN, 10365 STERLING BLVD CUPERTINO CA 95014-3830 132 74 18730 BARNHART AV 375-27-001 VASILIEV, OLGA 18730 BARNHART AVE CUPERTINO CA 95014-3804 132 75 18781 TUGGLE AV 375-27-025 CAMPBELL, MICHAEL D P O BOX 5345 SAN JOSE CA 95150-5345 132 76 18760 BARNHART AV 375-27-041 HALL, MARTHA S 18760 BARNHART AVE CUPERTINO CA 95014-3804 132 77 10589 GASCOGNE DR 375-28-011 ZHAI, JIANJUN 11566 FALLCREEK SPRING CT CUPERTINO CA 95014-5118 132 78 10624 JOHNSON AV 375-28-026 ANANTH, SHARATH AND BHAT , 10624 JOHNSON AVE CUPERTINO CA 95014-3817 132 79 10692 GASCOIGNE DR 375-29-020 YU, DONALD AND JEWELEEH 10692 GASCOIGNE DR CUPERTINO CA 95014-3846 132 80 10800 MINETTE DR 375-31-033 KARKHANIS, CHETAN AND APOORVA 2322 RAMBO CT SANTA CLARA CA 95054-1339 132 81 10752 MINETTE DR 375-31-038 WU, JENNIFER AND LIU , JAMES 10136 ENGLISH OAK WAY CUPERTINO CA 95014-5609 132 82 10740 MINETTE DR 375-31-039 CHEN, HUNG JUNG AND LI , MEI YI 10740 MINETTE DR CUPERTINO CA 95014-3615 132 83 10728 CARVER DR 375-32-010 MYOUNG, SOUNG HO AND LEE , EUN 10728 CARVER DR CUPERTINO CA 95014-3609 132 84 10630 CARVER DR 375-32-020 MC GRATH PATRICK W PO BOX 2422 PALO ALTO CA 94309-2422 132 85 10616 CARVER DR 375-32-021 YETTAW, JACKIE A AND JERRI L 10616 CARVER DR CUPERTINO CA 95014-3607 132 86 18870 TUGGLE AV 375-32-024 DELA CRUZ, SHERWIN PETER L 18870 TUGGLE AVE CUPERTINO CA 95014-3626 132 87 18880 PENDERGAST AV 375-33-044 HONG, GEORGE AND TSE , CINDY 18880 PENDERGAST AVE CUPERTINO CA 95014-3621 132 88 10657 MORENGO DR 375-34-013 ORTIZ, ROSA F ET AL 10657 MORENGO DR CUPERTINO CA 95014-3513 132 89 10670 MORENGO DR 375-34-058 CHANG, SSU-CHIA TRUSTEE & ET AL 10670 MORENGO DR CUPERTINO CA 95014-3514 132 90 18830 HUNTER WY 375-35-001 THOMPSON, LARRY L AND SHIRLEY 40133 CANYON HEIGHTS DR FREMONT CA 94539-3008 132 91 19050 MEIGGS LN 375-35-053 KIM, MINKYU AND HEEJUNG 19050 MEIGGS LN CUPERTINO CA 95014-3511 132 92 19040 MEIGGS LN 375-35-054 ZHOU, JINING AND GAO , LIKE 19040 MEIGGS LN CUPERTINO CA 95014-3511 132 93 10650 JOHANSEN DR 375-36-008 JUDOPRASETIJO, AGOES H AND 13953 SHADOW OAKS WAY SARATOGA CA 95070-5541 132 94 10627 CULBERTSON DR 375-36-027 MC GRATH PATRICK W P.O. BOX 2422 PALO ALTO CA 94309-2422 13-2 95 19141 MEIGGS LN 375-37-001 XU, HU AND WU , LINA 1301 LASSEN AVE MILPITAS CA 95035-6406 132 96 10720 S TANTAU AV 375-37-002 QIN, ZUDIAN AND SUN , HAIXIA 10720 S TANTAU AVE CUPERTINO CA 95014-0000 132 96 records of 104 Santa Clara County Weed Abatement Program Page 4 115
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Situs APN CITY/STATE
2024 WEED ABATEMENT PROGRAM

COMMENCEMENT REPORT

CITY OF CUPERTINO
Agenda Item
23-12351 Agenda Date: 11/7/2023
Agenda #: 6.

Subject: Approve and update the salary and benefits for the Unrepresented (Management and Confidential) Employees and Appointed Employees.

1. Adopt Resolution No. 23-118 revising the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2023;

2. Adopt Resolution No. 23-119 revising the Compensation Program for the Appointed Employees effective July 1, 2023; and

3. Approve salary realignment for the classification of Environmental Program Manager to Transportation Manager and Capital Improvement Programs Manager CITY OF CUPERTINO Page 1 of 1 Printed on 11/2/2023
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CITY COUNCIL STAFF REPORT
Meeting: November 7, 2023
Subject
Approve and update the salary and benefits for the Unrepresented (Management and Confidential) Employees and Appointed Employees.

Recommended Action

1. Adopt Resolution No. 23-XXX revising the Compensation Program and salary schedules for the Unrepresented (Management and Confidential) Employees effective July 1, 2023;

2. Adopt Resolution No. 23-XXX revising the Compensation Program for the Appointed Employees effective July 1, 2023; and

3. Approve salary realignment for the classification of Environmental Program Manager to Transportation Manager and Capital Improvement Programs Manager
Reasons for Recommendation
Historically, the City Council has aligned the compensation plans for the Unrepresented and Appointed employee groups with the terms and conditions of employment for the Cupertino City Employees’ Association (CEA)/IFPTE Local

21. The following summarizes the two programs:
 The Unrepresented Employees’ Compensation Program includes employees in management or confidential positions as adopted by the City Council and may be amended or otherwise modified from time to time.  The Appointed Compensation Program includes the City Manager and City Attorney who are evaluated by the City Council on an annual basis.

Compensation for these employees is considered on the basis of equity of pay for duties and responsibilities assigned, meritorious service, comparability with similar work in other public employment in the same labor market, and terms of their employment contracts. The employment contract for the City Manager includes salary adjustments in line with those that employees receive.
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On August 16, 2022, the City Council approved a three-year compensation plan for the Unrepresented and Appointed employee groups. This plan included a 5% cost of living adjustment (COLA) and $3,800 in a one-time lump sum payment, consistent with the contract approved by CEA/IFPTE Local 21. That agreement included a side letter that allowed for wage and health reopener. CEA contacted the City in February 2023 to reopen contract negotiations.

The City has since reached a tentative agreement with both bargaining units that represent City staff. Staff is requesting that Council adopt conforming changes to the Unrepresented Employees’ Compensation Program and the Appointed Employees’ Compensation Program, consistent with the Tentative Agreement with CEA/IFPTE Local 21 and as guided by the Appointed Employees’ Compensation Program, Policy No. 1 and the City Manager’s employment contract. Key provisions of the tentative agreements are summarized below:

Cost of Living adjustments (COLAs): CEA/IFPTE Local 21 agreed to reopen negotiations concerning COLAs for FY23-24 and FY24-25. The results from these reopened negotiations will be, if approved by the Council, applied to the Unrepresented (Management and Confidential) Employees and the City Manager and approved by the Council as follows:
 3.5% for year 2 and no additional COLA’s for year 3 of the MOU (omitting the City Attorney).
 Health Premiums: Effective January 1, 2024, the City shall contribute up to the Kaiser Family health premium cost per month applied to both Unrepresented and Appointed employees. Required contribution amounts exceeding this premium contribution of the City are the responsibility of the employee.  For any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum contributions shall be capped at no more than 6% for Unrepresented and Appointed Employees. Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.  Adding Lunar New Year and Cesar Chavez Day as paid holidays starting in 2024 for Unrepresented and Appointed Employees. For Calendar Year 2023, Unrepresented and Appointed employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.

To maintain fair labor practices, job classifications and salary ranges within the organization are periodically reviewed to ensure employees are working within 119
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the job duties and responsibilities of their designated job classification and for pay equity. As a result, staff recommends council consider approving a salary realignment for the classification of Environmental Program Manager to Capital Improvement Programs Manager and Transportation Manager.

Additional minor modifications to the Appointed Employee Compensation Programs adjusts the process for approval of expenses.

Title 2 of the California Code of Regulations, section 570.5, requires that the pay schedule of every CalPERS agency be approved and adopted by the agency's governing body pursuant to public meeting law. The City's Salary Schedule for Unrepresented (Management and Confidential) Employees is attached for the Council's review and approval, effective July 1, 2023.

Sustainability Impact
There is no sustainability impact resulting from the recommended action in this report.

Fiscal Impact
The City incurred an estimated cost of $1,152,236 for unrepresented employees and $27,227 for appointed employees in the first year (FY2022-23) of the compensation plan. Estimated costs for the second year (FY2023-24) are $720,850 for unrepresented and $14,702 for appointed employee, for a total cost of $1,873,086 and $41,929. At the time of the adopted budget, costs related to the labor contracts were unknown, but estimates were included in the adopted budget.

Budget estimates are sufficient to cover the additional estimated cost and no budget adjustment is needed.

California Environmental Quality Act (CEQA)
Not applicable.

A – Unrepresented Comp Program - Clean
B – Unrepresented Comp Program - Redline
C – Appointed Comp Program- Clean
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D – Appointed Comp Program- Redline
E – Draft Resolution amending the Appointed and Unrepresented Employees' Compensation Programs
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1 Exhibit B
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
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2 City Engineer
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
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3 Special Project Executive
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, 11/23 124
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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.

Retroactive to the first full pay period after July 1, 2023, a 3.5% salary increase will be added to the salary range of each classification in this unit. There shall be no further salary increase for FY24/25.

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, 11/23 125
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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. 126
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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 127
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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. 128
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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.

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, 3/23 132
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12 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. 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 Assistant who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated $300.00 per 128 hours. Minimum staffing and skill qualifications for standby assignment shall be determined by the City.

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

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

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

Effective January 1, 2024, for each participating employee, the City shall contribute the maximum toward premium cost per month for health and dental during the term of this agreement as follows:

January 1, 2024 City Max
Health
Contribution
City Max
Dental
Contribution
City Total Max Contribution
Employee $1,021.41 $126.78 $1,148.19
Employee + 1 $2,042.82 $126.78 $2,169.6
Employee + 2 $2,655.67 $126.78 $2,782.45
Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.

With regards to any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum contributions shall be capped at no more than 6%. Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.

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 136
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16 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, 8/22 137
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17 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 8

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

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

1. New Year’s Day

2. Martin Luther King Day

3. Lunar New Year

4. Presidents’ Day

5. Cesar Chavez Day

6. Memorial Day

7. Juneteenth

8. Independence Day

9. Labor Day

10. Veteran’s Day

11. Thanksgiving Day

12. Day Following Thanksgiving

13. Christmas Eve

14. Christmas Day

15. New Year’s Eve
For Calendar Year 2023, Unrepresented and Appointed employees will receive one (1) floating holiday in lieu of Lunar New Year holiday. Said floating holiday is “use it or lose it” and must be used by December 31, 2023. If said floating holiday is not used by the last full pay period in December 2023, it shall be automatically cashed out in the first full pay period in January 2024.

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. 138
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18 Adopted by Action of
the City Council
July 7, 1975
Revised 6/80, 6/89, 7/92, 7/99, 7/13, 8/22, 11/23
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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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20 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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21 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 11
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION
A. Employees hired on or before December 29, 2012 Only:

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

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

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

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

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

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

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

Adopted by Action of
the City Council
June, 1981
Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10, 10/12, 12/12, 7/13, 10/16, 7/19 142
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22 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 12

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

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

Adopted by Action of
City Council
July 1, 1983
Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07, 10/12, 10/16, 7/19 143
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23 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 13

ADMINISTRATIVE LEAVE
The department heads and executive level staff 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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24 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 14

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

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

VACATION ACCUMULATION
The department heads and executive level staff 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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26 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 16

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

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

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

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

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

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

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

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

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 of July, 2023
Classification Step1 Step2 Step3 Step4 Step5
ACCOUNTANT I $46.60 $48.93 $51.38 $53.95 $56.65
ACCOUNTANT II $51.37 $53.94 $56.64 $59.47 $62.44
ACCOUNTING TECHNICIAN $46.22 $48.53 $50.96 $53.51 $56.18 ADMINISTRATIVE ASSISTANT $40.65 $42.68 $44.82 $47.06 $49.41 ASSISTANT CITY ATTORNEY $92.83 $97.48 $102.35 $107.47 $112.84 ASSISTANT CITY MGR $126.92 $133.27 $139.93 $146.93 $154.27 ASSISTANT DIRECTOR COMM DEV $90.80 $95.34 $100.11 $105.12 $110.37 ASSISTANT TO THE CITY MANAGER $74.68 $78.41 $82.33 $86.45 $90.77 ASST DIR PUBLIC WORKS ENG $94.47 $99.19 $104.15 $109.36 $114.82 ASST DIR RECREATION COMM SVCS $90.80 $95.34 $100.11 $105.12 $110.37 BUDGET MANAGER $84.91 $89.15 $93.61 $98.29 $103.20
BUILDING OFFICIAL $85.34 $89.60 $94.08 $98.79 $103.73
BUSINESS SYSTEMS ANALYST $65.89 $69.18 $72.64 $76.28 $80.09 CAPITAL IMPV PROGRAM MGR $84.81 $89.05 $93.51 $98.18 $103.09 CHIEF TECHNOLOGY OFFICER $112.10 $117.71 $123.60 $129.78 $136.26 CITY CLERK $75.73 $79.51 $83.49 $87.66 $92.05
CITY ENGINEER $94.47 $99.19 $104.15 $109.36 $114.82
COMMUNITY RELATIONS COORDINATOR $46.86 $49.21 $51.67 $54.25 $56.96 DEPARTMENT HEAD $112.10 $117.71 $123.60 $129.78 $136.26 DEPUTY BUILDING OFFICIAL $73.82 $77.51 $81.39 $85.46 $89.73 DEPUTY CITY ATTORNEY $66.80 $70.14 $73.64 $77.33 $81.19 DEPUTY CITY CLERK $54.04 $56.74 $59.58 $62.55 $65.68
DEPUTY CITY MANAGER $90.80 $95.34 $100.11 $105.12 $110.37 DIRECTOR OF ADMIN SERVICES $112.10 $117.71 $123.60 $129.78 $136.26 DIRECTOR OF COMM DEVELOPMENT $112.10 $117.71 $123.60 $129.78 $136.26 DIRECTOR OF PARKS AND RECREATION $112.10 $117.71 $123.60 $129.78 $136.26 DIRECTOR OF PUBLIC WORKS $115.38 $121.15 $127.21 $133.57 $140.25 ECONOMIC DEVELOPMENT MANAGER $81.52 $85.59 $89.87 $94.37 $99.08 EMERGENCY SERVICES COORDINATOR $66.26 $69.57 $73.05 $76.71 $80.54 ENVIRONMENTAL PROGRAMS MANAGER $84.81 $89.05 $93.51 $98.18 $103.09 EXEC ASST TO CITY MANAGER $47.77 $50.15 $52.66 $55.30 $58.06 EXEC ASST TO THE CITY ATTNY $46.59 $48.93 $51.38 $53.94 $56.64 FINANCE MANAGER $84.91 $89.15 $93.61 $98.29 $103.20
GIS COORDINATOR $48.71 $51.15 $53.71 $56.39 $59.21
GIS PROGRAM MANAGER $83.91 $88.11 $92.52 $97.14 $102.00 153
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33 HUMAN RESOURCE ANALYST I $56.06 $58.86 $61.80 $64.90 $68.14 HUMAN RESOURCES ANALYST II $61.81 $64.90 $68.14 $71.55 $75.12 HUMAN RESOURCES ASSISTANT $33.76 $35.45 $37.22 $39.08 $41.03 HUMAN RESOURCES MANAGER $84.91 $89.15 $93.61 $98.29 $103.20 HUMAN RESOURCES TECHNICIAN $46.22 $48.53 $50.96 $53.51 $56.18 I.T. ASSISTANT $45.46 $47.73 $50.12 $52.62 $55.25
INNOVATION AND TECHNOLOGY MGR $83.91 $88.11 $92.52 $97.14 $102.00 LEGAL SERVICES MANAGER $48.12 $50.53 $53.05 $55.71 $58.49 MANAGEMENT ANALYST $56.54 $59.37 $62.34 $65.45 $68.72
NETWORK SPECIALIST $58.16 $61.06 $64.12 $67.32 $70.69
PARK RESTORATION IMPV MGR $79.33 $83.29 $87.46 $91.83 $96.42 PERMIT CENTER MANAGER $73.82 $77.51 $81.39 $85.46 $89.73 PLANNING MANAGER $85.34 $89.60 $94.08 $98.79 $103.73
PUBLIC AFFAIRS MANAGER $72.94 $76.58 $80.41 $84.43 $88.66 PUBLIC INFORMATION OFFICER $72.86 $76.50 $80.33 $84.34 $88.56 PUBLIC WORKS PROJECT MANAGER $69.73 $73.22 $76.88 $80.72 $84.76 PUBLIC WORKS SUPERVISOR $58.78 $61.71 $64.80 $68.04 $71.44 PURCHASING MANAGER $84.91 $89.15 $93.61 $98.29 $103.20
RECREATION MANAGER $60.01 $63.01 $66.16 $69.46 $72.94
RECREATION SUPERVISOR $54.43 $57.15 $60.01 $63.01 $66.16 SENIOR ACCOUNTANT $59.48 $62.45 $65.57 $68.85 $72.30
SENIOR ASSISTANT CITY ATTORNEY $102.13 $107.24 $112.60 $118.23 $124.14 SENIOR CIVIL ENGINEER $79.66 $83.64 $87.82 $92.22 $96.83 SENIOR MANAGEMENT ANALYST $61.81 $64.90 $68.14 $71.55 $75.13 SENIOR PUBLIC WORKS PROJECT MGR $73.21 $76.88 $80.72 $84.76 $88.99 SERVICE CENTER SUPERINTENDENT $75.15 $78.91 $82.86 $87.00 $91.35 SPECIAL PROJECT EXECUTIVE $112.10 $117.71 $123.60 $129.78 $136.26 TRANSPORTATION MANAGER $84.81 $89.05 $93.51 $98.18 $103.09 WEB SPECIALIST $51.42 $53.99 $56.69 $59.53 $62.50
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1 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 1

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 Assistan
t to the City Manager
Finance Manager
GIS Coordinator
GIS Program Manager
Human Resources AnalystI
Human Resources Analyst II
Human Resources Assistant
Human Resources Manager
Human Resources Technician
Information Technology Assistant
Innovation and Technology Manager– Applications
Innovation and Technology Manager ‐ Infrastructure
Legal Services Manager
Management Analyst
Network Specialist
Park Restoration and Improvement Manager
Permit Center Manager
Planning Manager
Public Information Officer
Public Affairs Manager
Public Works Projects Manager
Public Works Supervisor
Purchasing Manager
Recreation Manager
Recreation Supervisor
Senior Accountant
Senior Assistant City Attorney
Senior Civil Engineer
Senior Management Analyst
Senior Public Works Project Manager
Service Center Superintendent
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, 11/23 157
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4 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE

a. Retroactive to the first full pay period after July 1, 20232, a 3.5% 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).

There shall be no further salary increase for FY24/25.

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, 11/23 158
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5 City of Cupertino
UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM
Policy No. 3

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. 159
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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.

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 160
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7 instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed.

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

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

E. Meals

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. 161
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8 No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department.

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

1. The personal portion of any trip;

2. Political or charitable contributions or events;

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

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

5. Gifts of any kind for any purpose;

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

7. Alcoholic beverages;

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

9. Personal losses incurred while on City business.

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.

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, 3/23 165
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12 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

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

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:

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.

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

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

Adopted by Action of
the City Council
April 1, 1974
Revised
6/80, 7/91, 7/92, 6/96, 7/97, 4/07, 7/13, 10/16, 8/22
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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.

Effective January 1, 2024, for each participating employee, the City shall contribute the maximum toward premium cost per month for health and dental during the term of this agreement as follows:

January 1,
2024
City Max
Health
Contribution
City Max
Dental
Contribution
City Total
Max
Contribution
Employee $1,021.41 $126.78 $1,148.19
Employee +
1 $2,042.82 $126.78 $2,169.6
Employee +
2 $2,655.67 $126.78 $2,782.45
Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.

Health In‐Lieu Payments
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16 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, 8/22 170
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17 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 8

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

1. New Year’s Day

2. Martin Luther King Day

2.3.Lunar New Year

4. Presidents’ Day

3.5.Cesar Chavez Day

4.6.Memorial Day

5.7.Juneteenth

6.8.Independence day

7.9.Labor Day

8.10. Veteran’s Day

9.11. Thanksgiving Day

10.12. Day Following Thanksgiving

11.13. Christmas Eve

12.14. Christmas Day

13.15. New Year’s Eve
For Calendar Year 2023, Unrepresented and Appointed employees will receive one (1) floating holiday in lieu of Lunar New Year holiday. Said floating holiday is “use it or lose it” and must be used by December 31, 2023. If said floating holiday is not used by the last full pay period in December 2023, it shall be automatically cashed out in the first full pay period in January 2024.

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
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18 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, 11/7
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19 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 9

LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT TERM DISABILITY

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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20 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 10

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

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

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

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

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

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

Adopted by Action of
the City Council
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, 7/19 175
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22 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 12
DENTAL INSURANCE ‐ EMPLOYER CONTRIBUTION
It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees.

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, 7/19 176
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23 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 13

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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24 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 14

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

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

VACATION ACCUMULATION
The department heads and executive level staff 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.

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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26 City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 16

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

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

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

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

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

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

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.

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 $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 $87.73 $92.12 $96.72 $101.56 $106.64
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 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
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33 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
Salary Effective First Full Pay Period of July, 2023
Classification Step1 Step2 Step3 Step4 Step5
ACCOUNTANT I $46.60 $48.93 $51.38 $53.95 $56.65
ACCOUNTANT II $51.37 $53.94 $56.64 $59.47 $62.44
ACCOUNTING TECHNICIAN $46.22 $48.53 $50.96 $53.51 $56.18 ADMINISTRATIVE ASSISTANT $40.65 $42.68 $44.82 $47.06 $49.41 ASSISTANT CITY ATTORNEY $92.83 $97.48 $102.35 $107.47 $112.84 ASSISTANT CITY MGR $126.92 $133.27 $139.93 $146.93 $154.27 ASSISTANT DIRECTOR COMM DEV $90.80 $95.34 $100.11 $105.12 $110.37 ASSISTANT TO THE CITY MANAGER $74.68 $78.41 $82.33 $86.45 $90.77 ASST DIR PUBLIC WORKS ENG $94.47 $99.19 $104.15 $109.36 $114.82 ASST DIR RECREATION COMM SVCS $90.80 $95.34 $100.11 $105.12 $110.37 BUDGET MANAGER $84.91 $89.15 $93.61 $98.29 $103.20
BUILDING OFFICIAL $85.34 $89.60 $94.08 $98.79 $103.73
BUSINESS SYSTEMS ANALYST $65.89 $69.18 $72.64 $76.28 $80.09 187
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34 CAPITAL IMPV PROGRAM MGR $84.81 $89.05 $93.51 $98.18 $103.09 CHIEF TECHNOLOGY OFFICER $112.10 $117.71 $123.60 $129.78 $136.26 CITY CLERK $75.73 $79.51 $83.49 $87.66 $92.05
CITY ENGINEER $94.47 $99.19 $104.15 $109.36 $114.82
COMMUNITY RELATIONS COORDINATOR $46.86 $49.21 $51.67 $54.25 $56.96 DEPARTMENT HEAD $112.10 $117.71 $123.60 $129.78 $136.26 DEPUTY BUILDING OFFICIAL $73.82 $77.51 $81.39 $85.46 $89.73 DEPUTY CITY ATTORNEY $66.80 $70.14 $73.64 $77.33 $81.19 DEPUTY CITY CLERK $54.04 $56.74 $59.58 $62.55 $65.68
DEPUTY CITY MANAGER $90.80 $95.34 $100.11 $105.12 $110.37 DIRECTOR OF ADMIN SERVICES $112.10 $117.71 $123.60 $129.78 $136.26 DIRECTOR OF COMM DEVELOPMENT $112.10 $117.71 $123.60 $129.78 $136.26 DIRECTOR OF PARKS AND RECREATION $112.10 $117.71 $123.60 $129.78 $136.26 DIRECTOR OF PUBLIC WORKS $115.38 $121.15 $127.21 $133.57 $140.25 ECONOMIC DEVELOPMENT MANAGER $81.52 $85.59 $89.87 $94.37 $99.08 EMERGENCY SERVICES COORDINATOR $66.26 $69.57 $73.05 $76.71 $80.54 ENVIRONMENTAL PROGRAMS MANAGER $84.81 $89.05 $93.51 $98.18 $103.09 EXEC ASST TO CITY MANAGER $47.77 $50.15 $52.66 $55.30 $58.06 EXEC ASST TO THE CITY ATTNY $46.59 $48.93 $51.38 $53.94 $56.64 FINANCE MANAGER $84.91 $89.15 $93.61 $98.29 $103.20
GIS COORDINATOR $48.71 $51.15 $53.71 $56.39 $59.21
GIS PROGRAM MANAGER $83.91 $88.11 $92.52 $97.14 $102.00 HUMAN RESOURCE ANALYST I $56.06 $58.86 $61.80 $64.90 $68.14 HUMAN RESOURCES ANALYST II $61.81 $64.90 $68.14 $71.55 $75.12 HUMAN RESOURCES ASSISTANT $33.76 $35.45 $37.22 $39.08 $41.03 HUMAN RESOURCES MANAGER $84.91 $89.15 $93.61 $98.29 $103.20 HUMAN RESOURCES TECHNICIAN $46.22 $48.53 $50.96 $53.51 $56.18 I.T. ASSISTANT $45.46 $47.73 $50.12 $52.62 $55.25
INNOVATION AND TECHNOLOGY MGR $83.91 $88.11 $92.52 $97.14 $102.00 LEGAL SERVICES MANAGER $48.12 $50.53 $53.05 $55.71 $58.49 MANAGEMENT ANALYST $56.54 $59.37 $62.34 $65.45 $68.72
NETWORK SPECIALIST $58.16 $61.06 $64.12 $67.32 $70.69
PARK RESTORATION IMPV MGR $79.33 $83.29 $87.46 $91.83 $96.42 PERMIT CENTER MANAGER $73.82 $77.51 $81.39 $85.46 $89.73 PLANNING MANAGER $85.34 $89.60 $94.08 $98.79 $103.73
PUBLIC AFFAIRS MANAGER $72.94 $76.58 $80.41 $84.43 $88.66 PUBLIC INFORMATION OFFICER $72.86 $76.50 $80.33 $84.34 $88.56 PUBLIC WORKS PROJECT MANAGER $69.73 $73.22 $76.88 $80.72 $84.76 PUBLIC WORKS SUPERVISOR $58.78 $61.71 $64.80 $68.04 $71.44 PURCHASING MANAGER $84.91 $89.15 $93.61 $98.29 $103.20
RECREATION MANAGER $60.01 $63.01 $66.16 $69.46 $72.94
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35 RECREATION SUPERVISOR $54.43 $57.15 $60.01 $63.01 $66.16 SENIOR ACCOUNTANT $59.48 $62.45 $65.57 $68.85 $72.30
SENIOR ASSISTANT CITY ATTORNEY $102.13 $107.24 $112.60 $118.23 $124.14 SENIOR CIVIL ENGINEER $79.66 $83.64 $87.82 $92.22 $96.83 SENIOR MANAGEMENT ANALYST $61.81 $64.90 $68.14 $71.55 $75.13 SENIOR PUBLIC WORKS PROJECT MGR $73.21 $76.88 $80.72 $84.76 $88.99 SERVICE CENTER SUPERINTENDENT $75.15 $78.91 $82.86 $87.00 $91.35 SPECIAL PROJECT EXECUTIVE $112.10 $117.71 $123.60 $129.78 $136.26 TRANSPORTATION MANAGER $84.81 $89.05 $93.51 $98.18 $103.09 WEB SPECIALIST $51.42 $53.99 $56.69 $59.53 $62.50
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1 Exhibit A
City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1

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

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

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

MANAGEMENT CLASSIFICATIONS:

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

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022 190
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2 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE

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

Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017, November 6, 2017, January 7, 2019, July 16, 2019, August 18, 2020, November 16, 2021, July 19, 2022 191
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3 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3

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

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

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

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

D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. 192
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4 III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.

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

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

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

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. 193
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5 Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.

E. Meals

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

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

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

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

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

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

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

5. Gifts of any kind for any purpose;

6. Service club meals;

7. Alcoholic beverages;

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

9. Personal losses incurred while on City business.

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

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

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

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

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023 196
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8 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4

AUTOMOBILE ALLOWANCES AND

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

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

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

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6

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

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

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

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

Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.

Appointed employees in the City Manager and City Attorney positions will have immediate vesting of retiree medical benefits, subject to said employee retiring from City service and CalPERS.

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016, July 2019; December 2019, June 15, 2021, November 16, 2021 , November 7, 2023
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12 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8

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

1. New Year's Day

2. Martin Luther King Day

3. Presidents' Day

4. Lunar New Year

5. Cesar Chavez Day

6. Memorial Day

7. Juneteenth

8. Independence Day

9. Labor Day

10. Veteran's Day

11. Thanksgiving Day

12. Day Following Thanksgiving

13. Christmas Eve

14. Christmas Day

15. 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. For Calendar Year 2023, Appointed employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.

Adopted by Action of the City Council
July 1, 2010
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13 Revised December 18, 2012, July 2013, November 2023
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14 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 10

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11

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

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

2.7% @55 formula.

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

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

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

Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019 205
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17 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12

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

The premium cost for the insurance provided by the City shall not exceed $114.30* per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers.*Dental Coverage: Effective the first month after Council adoption of agreement, dental coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.

Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
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18 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15

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

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

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

The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage,
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012; December 18, 2012
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22 City of Cupertino
APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 17

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

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

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

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM

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

Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
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25 Monthly Salary Effective August 29, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023 Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
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1 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 1

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

MANAGEMENT CLASSIFICATIONS:

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019, August 18, 2020, June 15, 2021, November 16, 2021, July 19, 2022 215
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2 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2

SALARY SCHEDULE

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3

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

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

D. Training Session
A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City's operations or to enhance the attendee's capabilities in the discharge of assigned duties and responsibilities. 217
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4 III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE
A. Intent
This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance.

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

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

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

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. 218
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5 Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement.

E. Meals

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

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

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

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

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

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

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

5. Gifts of any kind for any purpose;

6. Service club meals;

7. Alcoholic beverages;

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

9. Personal losses incurred while on City business.

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

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

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

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

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, August 18, 2020 , November 2023 221
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8 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 4

AUTOMOBILE ALLOWANCES AND

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

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 5

ASSOCIATION MEMBERSHIPS AND

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6

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

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

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

Effective
January 1,
2020
City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 848.87 126.78 975.65
Employee +1 1,443.09 126.78 1,569.87
Employee +2 1,876.01 126.78 2,002.79
January 1, 2021 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 891.32 126.78 1,018.10
Employee +1 1,515.24 126.78 1,642.02
Employee +2 1,969.81 126.78 2,096.59
January 1, 2022 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 935.88 126.78 1,062.66
Employee +1 1,591.01 126.78 1,717.79
Employee +2 2,068.31 126.78 2,195.09
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12 January 1, 2024 City Max Health
Contribution
City Max *Dental
Contribution
City Total Max
Contribution
Employee 1,021.41 126.78 1,148.19
Employee +1 2,042.82 126.78 2,169.60
Employee +2 2,655.67 126.78 2,782.45
 For any change in the monthly medical plan premium charged by CalPERS in the plan year 2025 compared to the plan year 2024, the City’s maximum contributions shall be capped at no more than 6% for Unrepresented and Appointed Employees.

Any required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee.

Appointed employees in the City Manager and City Attorney positions will have immediate vesting of retiree medical benefits, subject to said employee retiring from City service and CalPERS.

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 8

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

1. New Year's Day

2. Martin Luther King Day

3. Presidents' Day

4. Lunar New Year

3.5.Cesar Chavez Day

6. Memorial Day

4.7.Juneteenth

5.8.Independence day

6.9.Labor Day

7.10. Veteran's Day

8.11. Thanksgiving Day

9.12. Day Following Thanksgiving

10.13. Christmas Eve

11.14. Christmas Day

12.15. 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. For Calendar Year 2023, Appointed employees will receive one (1) floating holiday in lieu of Lunar New Year holiday.

Adopted by Action of the City Council
July 1, 2010
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14 Revised December 18, 2012, July 2013, November 2023
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15 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 9

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

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

Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012; July 2019
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APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 11

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

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

2.7% @55 formula.

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

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

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

Adopted by Action of the City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016, July 2019 231
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18 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 12

Adopted by Action of City Council
July 1, 2010
Revised October 2, 2012; December 18, 2012,
October 2016, July 2019, July 19, 2022
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19 City of Cupertino

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 14

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15

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

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

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

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

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

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

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

APPOINTED EMPLOYEES' COMPENSATION PROGRAM

Monthly Salary Effective June 3, 2019
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $19,916.67
Monthly Salary Effective June 3, 2020
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
Monthly Salary Effective June 15, 2021
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $22,916.66
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective January 3, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,000.00
City Attorney $0 $0 $0 $0 $21,250.00
Monthly Salary Effective July 20, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $24,833.33
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective August 29, 2022
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26 Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,075.00
City Attorney $0 $0 $0 $0 $23,333.33
Monthly Salary Effective the First Full Pay Period of July, 2023 Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Manager $0 $0 $0 $0 $26,987.63
City Attorney $0 $0 $0 $0 $23,333.33
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RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO

APPROVING THE REVISED APPOINTED AND UNREPRESENTED
EMPLOYEES’ COMPENSATION PROGRAMS
WHEREAS, the City Council desires to approve the revised Appointed and Unrepresented Employees’ Compensation Programs.

NOW, THEREFORE, BE IT RESOLVED that the Appointed and
Unrepresented Compensation Programs be revised which are incorporated in this resolution by this reference and attached as Exhibits A and B.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7
th day of November 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
23-12776 Agenda Date: 11/7/2023
Agenda #: 7.

Subject: Amendment to Employment Agreement for the City Manager Adopt Resolution No. 23-120 approving the First Amendment to Employment Agreement with the City Manager for the City of Cupertino and authorize the Mayor to execute the Agreement CITY OF CUPERTINO Page 1 of 1 Printed on 11/2/2023
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CITY COUNCIL STAFF REPORT
Meeting: November 7, 2023
Subject
Amendment to Employment Agreement for the City Manager
Recommended Action
Adopt Resolution No. 23-XXX approving the First Amendment to Employment Agreement with the City Manager for the City of Cupertino and authorize the Mayor to execute the Agreement.

Reasons for Recommendation
On October 30, 2023, the City Council conducted a performance evaluation on City Manager Pamela Wu. As a result, the parties agreed that the City Council will conduct an annual evaluation and performance and salary review of City Manager Wu in or around August of each year beginning in 2024. The performance review will be conducted in accordance with the purpose noted in Section 5.1 of the Employment Agreement and will be facilitated by a third-party facilitator who is mutually acceptable to the City Council and City Manager Wu. The performance review will be based on specific criteria developed by the City Council after consultation with City Manager Wu and the facilitator. Such criteria may be modified as the City Council may from time to time determine, in consultation with the City Manager Wu and the facilitator. All other terms of the amended Agreement shall remain the same.

Sustainability Impact
There is no sustainability impact resulting from the recommended action in this report.

Fiscal Impact
There is no sustainability impact resulting from the recommended action in this report.

California Environmental Quality Act (CEQA)
Not applicable.
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Prepared by: Vanessa Guerra, Human Resources Manager
Reviewed by: Christopher D. Jensen, City Attorney
Approved for Submission by: Matt Morley, Assistant City Manager Attachments:

A – First Amendment to City Manager Employment Agreement 244
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Page 1 ends

Cupertino City CouncilNovember 7, 2023

Cupertino City Council
November 7, 2023