CC 11-7-2023
Special Meeting #1
Attachment A – Signed
CEA Tentative Agreement
Supplemental Report
Cupertino Employees
Association
NEGOTIATIONS2023
Correspondence
1 -
FINAL COMPREHENSIVE
TENTATIVE AGREEMENT
DATE: October 26, 2023 TIME: AM PM
The following represents a comprehensive tentative agreement between the City of Cupertino City”) and the Cupertino Employees’ Association CEA”) as a result of the wage reopener language in Section 4 of the current Memorandum of Understanding effective July 1, 2022 through June 30, 2025).
MOU Section City’ s Proposal
Term Same as under current MOU agreement: 3-Year term
effective July 1, 2022 through June30, 2025.
Section 4
Salary Schedule
Effective the first full pay period on or after July 1, 2023, a
3.50% salary increasewill be addedto the salary range of each classification in this bargaining unit.
There shall be no further salary increase for FY24/ 25.
The parties further agree that they have fully satisfied the healthcarereopenernegotiations for FY23-24 and FY24-25
and that no further healthcare negotiations will be held for the remainder of the MOU term.
Section 13. 1 Health
Medical and Dental
Insurance
City agrees to pay an amount as set forth herein for medical coveragefor employee and dependentsthrough the Meyers-
Geddes State Employees Medical and Hospital Care Act.
Effective January1, 2024, for eachparticipating 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
DocuSign Envelope ID: 8FD66263- 276F-436F- 863F- 2749B2B53958 Exhibit A
Cupertino Employees
Association
NEGOTIATIONS2023
Correspondence
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Employee +
2 2,655. 67 $ 126. 78 $ 2,782. 45
Required contribution amountsexceedingthe premium
contribution of the City are the responsibility of the
employee. The City will no longer pay medical insurance cash back ( excess of the monthly premium less the cost of the medical coverage) for any employee.
With regardsto any changein the monthly medical plan
premium charged by CalPERS in the plan year 2025
comparedto the plan year 2024, the City’s maximum
contributions shall be capped at no more than 6%. Any
required contribution amountsexceedingthe premium
contribution of the City are the responsibility of the
employee.
All other provisions of this Section are the same.
Section 15. 1 Fixed
Holidays
The Effective January 1, 2024, the City shall provide the following fixed paid (8 Hour) holidays for eligible
employees covered by this agreement:
1. New Year' s Day
2. Martin Luther King Day
2.3.Lunar New Year
3.4.President's Day
4.5.César Chávez Holiday
5.6.Memorial Day
6.7.Juneteenth
7.8.IndependenceDay
8.9.Labor Day
9.10. Veteran's Day
10.11. Thanksgiving Day
11.12. Day following Thanksgiving
12.13. Christmas Eve
13.14. Christmas Day
14.15. New Year' s Eve
When a holiday falls on a Saturday, the preceding Friday shall be observed as the non- work day. When a holiday falls on a Sunday, the following Monday shall be observedasthe non-work day.
Nothing contained herein shall preclude the right of the DocuSign Envelope ID: 8FD66263- 276F- 436F- 863F- 2749B2B53958 Cupertino Employees
Association
NEGOTIATIONS2023
Correspondence
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department head with the approval of the Appointing
Authority to reschedulework assignmentsor hours of work to meet emergency situations and other administrative
necessitiescausedby the observanceof a holiday or non-
work day or period; provided, however, that all such affected employeesare duly compensatedfor said rescheduledwork
assignments.
Floating Holiday for CY
2023
For Calendar Year 2023, CEA employeeswill receive one
1) floating holiday in lieu of Lunar New Year holiday. Said floating holiday is “useit or lose it” and must be usedby December 31, 2023. If said floating holiday is not usedby the last full pay period in December 2023, it shall be
automatically cashedout in the first full pay period in January2024.
Wage Reopener
For the sole purposeof this wage reopenerprovision which applies for the current MOU term ( effective July 1, 2022 through June30, 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 subsequentyearsof the 10 year forecast chart for the General Fund, the parties agree to reopen wage negotiations for FY24/25. This provision shall automatically sunseton 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.
The parties agree to recommend positively this Final Comprehensive Tentative Agreement to their principals for ratification.
For the City For the Union
Kristina Alfaro Date Stanley Young Date
Director of Administrative Services Representative/ Organizer DocuSign Envelope ID: 8FD66263- 276F- 436F- 863F- 2749B2B53958 10/ 27/ 2023 10/ 27/ 2023
Cupertino Employees
Association
NEGOTIATIONS2023
Correspondence
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Vanessa Guerra Date Alex Corbalis Date
Human Resources Manager
Christopher Boucher Date
Labor Employment Counsel
DocuSign Envelope ID: 8FD66263- 276F- 436F- 863F- 2749B2B53958 10/ 27/ 2023
10/ 27/ 2023
10/ 27/ 2023
CC 11-7-2023
Special Meeting #3
Elected Officials’
Compensation Program
Supplemental Report
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 7, 2023
Agenda Item #3
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
Background:
Staff’s responses to questions received from councilmember are shown in italics.
Q1: Are the edits only in Policy #7 “the health benefits for the Elected Officials’ Compensation Program” and no other edits have been done in other Policies of the elected officials’ Compensation Program? (Mayor Wei) Staff response: Correct, only Policy #7 has been modified.
Q2: VII. EXPENSE REPORT REQUIREMENTS – Question: Are these original languages with no edits?
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. (Mayor Wei) Staff response:
This language has not been modified.
Q3: Has the Technology Policy been updated recently? If the Policy has not
been updated, perhaps it needs an update because City Councilmember receives a Laptop and Phone now, not the other equipment. (Mayor Wei)
Staff response: The Technology Policy was updated in Jan. 2023.
Q4: Where are Policies #6, #8, #13, #15, #16?
(Mayor Wei)
Staff response: Policies 6, 8, 13, 15, 16 were removed prior to the 11/16 version of the Elected Official Compensation Program.
Attachments Provided with Original Staff Report:
A – Elected Officials’ Compensation Program ‐ Clean
B – Elected Officials’ Compensation Program ‐ Redline
C – Draft Resolution amending the Elected Officials’ Compensation CC 11-7-2023
#5
Weed Abatement
Program
Supplemental Report
1 CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 7, 2023
Agenda Item #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’s responses to questions received from councilmember are shown in italics.
Question:
When will the City Council consider fees charged by the County to the owners be paid fully by the owners, instead of City paying for fees if the house passes the inspection for the duration when the house remains on the List of Inspection? (Mayor Wei)
Staff Response:
If the City Council wishes to make changes to the current Weed Abatement Program, changes should be made as part of the budget process before the Program commences again in January. This will result in an average savings of about $8,000 per year.
Attachments Provided with Original Staff Report:
A. Draft Resolution and Exhibit A
B. Cupertino Commencement Report (Exhibit A)
CC 11-7-2023
#6
Unrepresented and
Appointed Employees
Desk Item
CITY COUNCIL STAFF REPORT
DESK ITEM 1
Meeting: November 7, 2023
Agenda Item #6
Subject
Approve and update the salary and benefits for the Unrepresented (Management and Confidential) Employees and Appointed Employees.
Recommended Action
1. Adopt Resolution No. 23‐118 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
Background:
An administrative error was inadvertently made to both the Appointed and Unrepresented Compensation Programs reflecting the addition of the Juneteenth holiday. The addition of the Juneteenth holiday was previously approved by the City Council on August 16, 2022. The Staff Report is correct, the recommendation is that the City Council approve the addition of two paid city holidays, Lunar New Year and Cesar Chavez Day.
Attachments Provided with Original Staff Report:
A – Unrepresented Comp Program ‐ Clean
B – Unrepresented Comp Program ‐ Redline
C – Appointed Comp Program‐ Clean
D – Appointed Comp Program‐ Redline
E – Draft Resolution amending the Appointed and Unrepresented Employeesʹ Compensation Programs
CC 11-7-2023
#6
Unrepresented and
Appointed Employees
Supplemental Report
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 7, 2023
Agenda Item #6
Subject
Approve and update the salary and benefits for the Unrepresented (Management and Confidential) Employees and Appointed Employees.
Recommended Action
1. Adopt Resolution No. 23‐118 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.)
Background:
Staff’s responses to questions received from councilmember are shown in italics.
Q1: 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.
Question: Will there be concerns when City Manager and City Attorney approve each other’s Reimbursement requests/final accounting of advances
received? Could an additional staff be authorized/commissioned to “review” both records? (Mayor Wei)
Staff response: There are no concerns as reimbursement forms are initially reviewed for accuracy by the Legal Services Manager (for the City Attorney) and the Executive Assistant (for the City Manager) before submitting for a final form review and approval by the Finance Manager. Once completed, the forms follow a three‐tier approval process for payment, including a third review by an Account Clerk II.
Attachments Provided with Original Staff Report:
A – Unrepresented Comp Program - Clean
B – Unrepresented Comp Program - Redline
C – Appointed Comp Program- Clean
D – Appointed Comp Program- Redline
E – Draft Resolution amending the Appointed and Unrepresented Employees' Compensation Program
CC 11-7-2023
#11
Mitigation Fee Act
Supplemental Report
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 7, 2023
Agenda Item #11
Subject
Mitigation Fee Act ‐ an Annual & Five‐Year Report for Fiscal Year (FY) 2022‐2023
Recommended Action
Adopt Resolution No. 23‐121 entitled ʺA 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 findingsʺ 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.
Background:
Staff’s responses to questions received from councilmember are shown in italics.
Q1: Traffic Impact is Special Revenue Fund 272 which had a June 30, 2023 ending balance of $776,311 which does not match the $802,090 shown in Attachment A page
7. What accounts for this difference?
There is an estimated cost
of $59,780,125 for projects in the Transportation Impact Fee Nexus Study. What are these projects? (Moore)
Staff response:
Two points of clarification, first the City doesn’t have a fund 272. This response assumes you are referring to fund 271 Traffic Impact. In addition, the $776,311 is not the June 30, 2023, ending cash balance but the September 2023 ending cash balance. The variance is primarily due to mark‐to‐market adjustments, a paper loss/gain generated through the sale of a security; for this reason, they are not included in the balance for the mitigation report as the adjustments are never realized.
The Transportation Fee Nexus Study can be found on the City’s website below. Please refer to Appendix A for the project list.
https://www.cupertino.org/home/showpublisheddocument/16824/636462621556300000
Q2: Page 2 of the Report shows our BMR RHNA total of 356 VLI, 207 LI, and 231 MI for a total of$160.3 M. Our 2023‐2031 allocation is:
Very Low Income 1,193 x $241k/unit = $287,513,000
Low Income 687 x $213k/unit = $146,331,000
Moderate Income 755 x $123k/unit =
$92,865,000
Total using the City estimated costs: $526,709,000
How were the costs per unit derived?
Would the city please show the new RHNA numbers we need to meet to improve the transparency of the report? (Moore)
Staff response:
The costs per unit were derived from the Residential Below Market Rate Housing Nexus Analysis which can be found here:
https://www.cupertino.org/home/showpublisheddocument/16828/636463473592570000.
The 2023‐31 RHNA numbers are as follows: 1,193 very low‐income units, 687 low‐income units, 755 moderate‐income units, and 1,953 above moderate‐income units.
Q3: This year the June 30, 2023 ending fund balance for Special Revenue Fund 280 Park Dedication is $18,706,898 and does not match the $7,984,137 fund balance shown on page 5 of the report.
How is the $11M discrepancy accounted for? What projects are the $11M going towards?
Should they be added in the report?
This item has the opposite problem of Traffic Impact, there are unknown projects with a high cost
shown and insufficient funds, but it is fairly consistent with the June 30, 2023 balance provided to the public, but for the Park fee, there continues to be a much greater balance shown to the public in the June 30, 2023 fund balance report than the Development Impact fee report shows, which is a repeat of last year, and part of why I wanted the subcommittee formed, to work on understanding this issue and see if it is a discrepancy or not. (Moore)
Staff response:
As noted by the “***” in the Annual Report section on Page 5, the balance reflects the unreserved funds. The reserved funds account for the $11M discrepancy, which include the purchase and construction of Lawrence‐Mitty Park and the Memorial Park Pond Repurposing Project.
Q4: May we know how much is in the liability account since these are items which will need to be funded? (
Moore)
Staff response:
There is an accounts payable (liability) for about $81,000 for fiscal year 2023 for retention and vendor payments for the memorial park project and Lawernce Mitty Park and Trail Masterplan. The remaining variance reflects unreserved funds.
Q5: Thank you, this (3 accounts) is a little confusing as was seen regarding the SCB emergency 54” pipe repair as to which account should be paying and I know Staff is working on resolving which account should pay, and that the SCB drain will come back to council with an update as to which account is being debited. (Moore) Staff response:
Comment acknowledged.
Q6: Are Art in‐lieu of fees or the public art program requirements considered Development Impact Fees? Should either of these amounts, particularly the in‐lieu of fees, be included in this report? There may be some new guidance on this? (Moore) Staff response:
Generally art in‐lieu fees are considered to be imposed under the City’s police power to regulate development and are not considered impact fees for purposes of the Mitigation Fee Act.
Attachments Provided with Original Staff Report:
A. Annual & Five‐Year Report for FY 2023
B. Draft Resolution
Attachments Provided with Supplemental 1:
None