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Searchable packet 10-16-12 Table of Contents Agenda3 October 2 City Council minutes Draft Minutes7 Accounts Payable for period ending September 28, 2012 Draft Resolution12 Adopt resolutions approving the July 1, 2012 through June 30, 2013 terms and conditions of employment for the Cupertino City Employees’ Association, Operating Engineers Local Union No. 3, AFL-CIO, Unrepresented (Management and Confidential) Employees, and City Attorney Employees, and amending the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU’s) and Compensation Programs Staff Report20 A-Draft Redline 2012 MOU - CEA22 B-Draft Resolution - CEA41 C-Draft Redline 2012 MOU - OE342 D-Draft Resolution - OE379 E-Draft Redline 2012 UNREP COMP Program80 F-Draft Resolution- UNREP106 G-Draft Redline 2012 City Attorney COMP Program107 H-Draft Resolution - City Attorney130 I-Draft Redline Admin Rules & Regulations131 J-Draft Resolution - Admin Rules & Regulations197 Amend agreement with Santa Clara Valley Transportation Authority (VTA) for Project Readiness Initiative (PRI) funding Staff Report198 A - Executed Funding Agreement200 Municipal Improvements, 10215 Alhambra Avenue Staff Report204 A - Map205 Approve the Joint Stevens Creek Dam Failure Plan Staff Report206 A - Draft Resolution208 B - Joint Stevens Creek Dam Failure Plan209 C - map-a237 C - map-b238 C - map-c239 C - map-d240 C - map-e241 C - map-f242 Set application deadline and interview dates for commissions and committees with terms expiring January 30, 2013 Staff report243 A - Appointments List and Notice of Vacancies244 1 Canada Geese at City Parks and Athletic Fields Staff Report249 A - Goose Survey252 B - GeesePeace – Geese Seasons255 C - GeesePeace – 2012 Model Program256 D - Common Goose Management Practices262 2 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING SUCCESSOR TO THE REDEVELOPMENT AGENCY ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, October 16, 2012 6:00 PM CITY COUNCIL MEETING ROLL CALL – 6:00 PM CLOSED SESSION 1.Subject : Conference with legal counsel – anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case) PLEDGE OF ALLEGIANCE – 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2.Subject: October 2 City Council minutes Recommended Action: Approve minutes Draft Minutes Page: 7 3 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency 3.Subject : Accounts Payable for period ending September 28, 2012 Recommended Action: Adopt Resolution No. 12-118 Draft Resolution Page: 12 : Adopt resolutions approving the July 1, 2012 through June 30, 2013 terms and 4.Subject conditions of employment for the Cupertino City Employees’ Association, Operating Engineers Local Union No. 3, AFL-CIO, Unrepresented (Management and Confidential) Employees, and City Attorney Employees, and amending the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU’s) and Compensation Programs Recommended Action : a. Adopt Resolution No. 12-119 amending a Memorandum of Understanding between the City of Cupertino and the City Employees’ Association; b. Adopt Resolution No. 12-120 amending a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL-CIO; c. Adopt Resolution No. 12-121 amending the Unrepresented (Management and Confidential) Employees’ Compensation Program; d. Adopt Resolution No. 12-122 amending the City Attorney Employees’ Compensation Program; e. Adopt Resolution No. 12-123 directing the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings (MOU’s) and Compensation Programs Staff Report A-Draft Redline 2012 MOU - CEA B-Draft Resolution - CEA C-Draft Redline 2012 MOU - OE3 D-Draft Resolution - OE3 E-Draft Redline 2012 UNREP COMP Program F-Draft Resolution- UNREP G-Draft Redline 2012 City Attorney COMP Program H-Draft Resolution - City Attorney I-Draft Redline Admin Rules & Regulations J-Draft Resolution - Admin Rules & Regulations Page: 20 5.Subject: Amend agreement with Santa Clara Valley Transportation Authority (VTA) for Project Readiness Initiative (PRI) funding Recommended Action: Authorize the City Manager to negotiate and execute an amendment to the agreement with VTA to secure up to $50,000 in additional PRI funding Staff Report A - Executed Funding Agreement Page: 198 4 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency 6.Subject : Municipal Improvements, 10215 Alhambra Avenue Recommended Action: Accept Municipal Improvements Description : The applicant has completed City-specified improvements in the City right-of- way including driveway approach, sidewalk, and curb & gutter as required by the improvement agreement with the City Staff Report A - Map Page : 204 SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 7.Subject : Approve the Joint Stevens Creek Dam Failure Plan Recommended Action: Adopt Resolution No. 12-124 approving the Joint Stevens Creek Dam Failure Plan Staff Report A - Draft Resolution B - Joint Stevens Creek Dam Failure Plan C - map-a C - map-b C - map-c C - map-d C - map-e C - map-f Page: 206 8.Subject: Set application deadline and interview dates for commissions and committees with terms expiring January 30, 2013 Recommended Action: Recommend an application deadline of Friday, January 18 and interview dates of Monday, January 28 and Tuesday, January 29 beginning at 5:00 on both days Staff report A - Appointments List and Notice of Vacancies Page: 243 5 Tuesday, October 16, 2012 Cupertino City Council Successor to the Redevelopment Agency REPORTS BY COUNCIL AND STAFF 9.Subject : Canada Geese at City Parks and Athletic Fields Recommended Action: Receive staff presentation and public comments regarding the increasing goose populations and their impact on the City’s parks and athletic fields as well as provide feedback on staff’s recommended strategy for reducing these impacts Staff Report A - Goose Survey B - GeesePeace – Geese Seasons C - GeesePeace – 2012 Model Program D - Common Goose Management Practices Page: 249 ADJOURNMENT SUCCESSOR TO THE REDEVELOPMENT AGENCY MEETING Canceled for lack of business. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities.If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. 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, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. 6 DRAFT MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Regular Adjourned Meeting Tuesday, October 2, 2012 CITY COUNCIL MEETING ROLL CALL – 5:05 PM At 5:09 p.m. Mayor Mark Santoro called the Regular Adjourned meeting to order in Conference Room A, 10300 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. COMMISSION INTERVIEWS 1.Subject: Parks & Recreation Commission interviews for unscheduled vacancy Recommended Action: Conduct interviews Council interviewed Sashi Begur, Geoffrey Paulsen, Heather Dean, Sivakumar Budaraju, Fari Aberg, and Judith Wilson and appointed Sivakumar Budaraju to a partial term ending January, 2016 (counts as a first term). Council recessed from 6:16 p.m. to 6:45 p.m. PLEDGE OF ALLEGIANCE – 6:45 PM At 6:45 p.m. Mayor Mark Santoro reconvened the Regular Adjourned City Council meeting and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice-Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS AND PRESENTATIONS 2.Subject: Presentation from the Cities Association of Santa Clara County regarding their organization, background, and priorities for 2012 Recommended Action: Receive presentation 7 Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency Executive Director Raania Mohsen gave a presentation on the Cities Association of Santa Clara County via a PowerPoint presentation. She gave background on the organization and highlighted the Association’s Mission and Guiding Principle; Boards, Committees and Community Partners; actions taken and issues addressed by the Association; and the Association’s 2012 priorities. She explained that the meetings are public and are held on the second Thursday of each month. She said that all Council members are welcome to attend, including the upcoming Annual Holiday Party event up on December 6 at the Fairmont Hotel beginning at 6:00 p.m. 2a.Subject: Proclamation for the 50th Anniversary of the Northwest YMCA Recommended Action : Present Proclamation Mayor Santoro presented the proclamation to Executive Director Sue Ball on behalf of the Northwest YMCA. She said that this is the best YMCA she has been a part of due to the members, volunteers, donors, and community. She presented a YMCA t-shirt to the Mayor. 2b.Subject : Proclamation for the Third Anniversary of C Magazine Recommended Action: Present proclamation Mayor Santoro presented the proclamation to Donna Austin on behalf of Ruby Elbogen of the C Magazine. Donna thanked the Mayor for recognizing the magazine and noted that people can also access the magazine online at www.cupertinodaily.com . 2c.Subject: Proclamation for the First Anniversary of the Twigs, a social and charitable branch of Quota International Recommended Action: Present proclamation Mayor Santoro presented the proclamation to a small group representing the Twigs. Liz Yang thanked the Mayor for the honor and talked a little bit more about the organization. She noted that the Luna Film Festival would take place in April at the Bluelight Cinema in Cupertino. POSTPONEMENTS - None ORAL COMMUNICATIONS Emily Poon, Secretary of the Civic Park Masters Association asked Council for help with two issues. First, they don’t have an APN (parcel number) yet even though the association has been in existence for five years. The second issue is a potential violation of the protected tree ordinance. She explained that an Oak tree on the property measuring seven inches in diameter was ailing and in danger of damaging the surrounding sidewalk so it was taken down. She said they then received a letter from the Planning department noting that they were not exempted by the tree ordinance since they are a common interest or planned development and would be fined for taking down the tree. She explained that the public utilizes the area even though it is actually a private park and that the surrounding buildings pay monthly dues to keep up the park. She showed a map of the area and the surrounding trees noting the area of the tree in question. She asked Council for leniency before the October 4 Code Enforcement deadline. 8 Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency City Manager David Brandt said staff would be bringing the tree ordinance to Council early next year and could hold off on Code Enforcement. Council agreed to hold off on enforcement at this time and asked staff for more information regarding this issue in case it wouldn’t be addressed in the tree ordinance. CONSENT CALENDAR Mahoney moved and Wong seconded to approve the items on the Consent Calendar as recommended. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. 3.Subject : September 18 City Council minutes Recommended Action: Approve minutes 4.Subject : Accounts Payable for period ending September 14, 2012 Recommended Action: Adopt Resolution No. 12-113 5.Subject : Accounts Payable for period ending September 21, 2012 Recommended Action: Adopt Resolution No. 12-114 6.Subject : Cancel the first meeting in January, 2013 Recommended Action: Cancel meeting 7.Subject: Authorize the City Manager to enter into an agreement extending the existing agreement for consultation services with Insight Consulting Services through June 30, 2016 Recommended Action: Extend the term of the existing agreement 8.Subject: Parks and Recreation Commission Work Plan for Fiscal Year 2012 - 2013 Recommended Action: Approve the Parks and Recreation Commission Work Plan 9.Subject: Alcoholic Beverage License, Aloft Hotel, 10165 N De Anza Boulevard Recommended Action: Approve application for On-Sale General for Bona Fide Public Eating Place 10.Subject: The City’s intent to vacate portions of easements on properties near the north approach to the Don Burnett Bicycle-Pedestrian Bridge Recommended Action: Adopt Resolution Nos. 12-115 and 12-116 setting a public hearing for November 5, 2012 11.Subject: 2012 Surface Transportation Program (STP) Overlay Project Re-Bid, Project No. 2012-05 Recommended Action: Authorize Director of Public Works to award contract to O’Grady Paving, in the amount of $388,855.60, and approve a construction contingency of $100,000.00, for a total of $488,855.60 9 Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency 12.Subject : Municipal Improvements, 790 South Blaney Avenue Recommended Action: Accept Municipal Improvements Description : The applicant has completed City-specified improvements in the City right-of- way including driveway approach, sidewalk, curb ramp and curb & gutter as required by the improvement agreement with the City SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 13.Subject : Funding the Environmental Education Center Project Recommended Action: Appropriate funds for the Environmental Education Center Project Written communications for this item included an addendum to the staff report, McClellan Ranch Master Plan 2012 Update, SCCP Master Plan and Restoration Plan, and a staff PowerPoint presentation. Director of Public Works Timm Borden reviewed the staff report via a PowerPoint presentation. Council directed staff to bring back a schematic design of the project sometime in January. Parks and Recreation Director Mark Linder noted that the Parks & Recreation Commission would also be working on this issue by holding focus groups with science educators and the Teen Commission, and would have a community process to be coordinated with Director Borden’s schedule before coming back to Council. Wong moved and Mahoney seconded to appropriate funds for the Environmental Education Center Project. The motion carried unanimously. 14.Subject: Environmental Education Center and Outdoor Gathering Shelter Design Agreement Recommended Action: Authorize the City Manager to negotiate and execute a consultant services agreement for design services not to exceed $200,000 Director of Public Works Timm Borden reviewed the staff report. Chang moved and Mahoney seconded to authorize the City Manager to negotiate and execute a consultant services agreement for design services not to exceed $200,000. The motion carried unanimously. 15.Subject: Approve a semi-rural designation eliminating the requirement for sidewalks on Almaden Avenue between Byrne Avenue and Orange Avenue, pursuant to Ordinance No. 1925 Recommended Action: Adopt Resolution No. 12-117 Description: Property owners along the frontage of Almaden Circle and Almaden Avenue between Byrne Avenue and Orange Avenue have circulated a petition in support of altering 10 Tuesday, October 2, 2012 Cupertino City Council Successor to the Redevelopment Agency their neighborhood designation to semi-rural by waiving sidewalks. This semi-rural application applies only to properties within these designated streets Written communications for this item included an email from Mark Burns supporting the project. Director of Public Works Timm Borden reviewed the staff report. Director Borden noted that staff would send out notices to the neighborhood in advance of the Council meeting in the future for all semi-rural petitions so the neighbors would be well- informed of the hearing. Wong moved and Sinks seconded to adopt Resolution No. 12-117. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:15 p.m. the meeting was adjourned. 11 12 13 14 15 16 17 18 19 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3220 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 16, 2012 Subject Approve the July 1, 2012 through June 30, 2013 terms and conditions of employment for the Cupertino City Employees’ Association (CEA), Operating Engineers Local Union No. 3, AFL- CIO (OE3), Unrepresented (Management and Confidential) Employees and City Attorney Employees. Recommended Action Adopt Resolutions approving the July 1, 2012 through June 30, 2013 terms and conditions of employment for the Cupertino City Employees’ Association (CEA), Operating Engineers Local Union No. 3, AFL-CIO (OE3), Unrepresented (Management and Confidential) Employees and City Attorney Employees. Description The City has reached tentative agreements with CEA, the association representing clerical, technical and professional employees, and OE3, the bargaining unit representing public works maintenance employees. The negotiated packages are within City Council parameters for the Fiscal Year (FY) 2012-2013. Key provisions of the tentative labor agreements are summarized below: One year agreement from July 1, 2012 through June 30, 2013; Additional medical costs will be paid by employees; Two-tier retirement system – all new employees starting January 1, 2013, will be under a 2% @ 60 CalPERS plan, three year averaging; Sick leave vesting- all new employees starting October 17, 2012, will not vest sick leave accrual hours; A one-time $1,500 bonus for OE3 members and a one-time 2.3% bonus for CEA members. Similar terms are proposed for Unrepresented Employees and the City Attorney Employees. Governor Brown signed into law AB340, the Pension Reform Bill, subsequent to the City reaching tentative agreements. This will mandate new two-tier options (2% @62), as well as, new employee contributions for normal costs and employee cost for CalPERS. Once this legislation is clarified, the City will meet with the groups and review our requirements. 20 The following resolutions are recommended to implement the above terms and conditions of employment: a)Amending a Memorandum of Understanding (MOU) between the City of Cupertino and the Cupertino City Employees’ Association, Resolution No. 12-; b)Amending a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL-CIO, Resolution No. 12-; c)Amending the Unrepresented (Management and Confidential) Employees’ Compensation Program, Resolution No. 12-; d)Amending the City Attorney Employees’ Compensation Program, Resolution No. 12-; and e)Directing the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understandings and Compensation Programs, Resolution No. 12- . Fiscal Impact A cost of approximately $314,800 will be incurred by the City in conjunction with the one-time bonus. Long term savings for transitioning to a two tier retirement system are estimated at approximately $35,000 in FY 2016/17 and increase to roughly $325,000 per year in FY 2025/26. In addition, the City will eliminate sick leave payout liability for future employees, which currently approximates $2 million dollars. The position of Assistant City Attorney has been elevated from a journey level position to one with 6-8 years of experience. This change in minimum qualifications will cost an additional $50, 000/year in salary and benefit costs once this position is filled. _____________________________________ Prepared by: Carol Atwood, Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments: A-Draft Redline amending Memorandum of Understanding between the City of Cupertino and the Cupertino City Employee’s Association B-Draft Resolution amending MOU with the Cupertino City Employees’ Association C-Draft Redline amending Memorandum of Understanding between City of Cupertino and Operating Engineers Local Union No. 3, AFL-CIO D-Draft Resolution amending MOU with the Operating Engineers Local Union No. 3, AFL-CIO E-Draft Redline amending Unrepresented Employees’ Compensation Program F-Draft Resolution amending Unrepresented Employees’ Compensation Program G-Draft Redline amending City Attorney Employees’ Compensation Program H-Draft Resolution amending City Attorney Employees’ Compensation Program I-Draft Redline amending Administrative Rules and Regulations of the Personnel Code J-Draft Resolution directing the City Manager to Amend the Administrative Rules and Regulations 21 MEMORANDUM OF UNDERSTANDING Cupertino July 1, 20 June 30, 20 1213 1 22 Table of Contents Category Section Page Number No Discrimination 1 4 Salary Schedule 2 4 Out of Classification Pay 3 4 Bilingual Pay Differential 4 4 Hours of Work Overtime 5 5 Facilities Closure 6 6 PERS Contribution 7 6 Insurance Coverage 8 7 Holidays 9 8 Temporary Disability Benefits 10 9 Vacation 11 9 Sick Leave 12 10 Sick Leave Verification 13 12 Bereavement Leave 14 12 Military Leave 15 12 Pregnancy Disability Leave 16 12 Adoption Leave 17 14 Catastrophic Leave 18 14 Absence Notification 19 15 2 23 Table of Contents Category Section Page Number Training & Tuition Reimbursement 20 15 City Sponsored Recreation Programs 21 15 Due Process 22 16 Layoff Procedure 23 16 Reinstatement 24 17 Continuation of Benefits 25 17 Separability 26 17 Ratification 27 17 Extended Benefits 28 17 Total Compensation Salary and 2917 Benefit Study Term 3018 29 Salary Schedule Exhibit 19 Attachment A 1 3 24 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CUPERTINO AND CUPERTINO CIT one (1)2012 This is a two (2) year agreement, entered into the 1st day of July 2010 , between the City of Cupertino, hereinafter referred to as "City", and representatives of the referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCRIMINATION City and Association agree they shall not discriminate in any way on account of race, color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability, or for Association activity. SECTION 2: SALARY SCHEDULE Exhibit 1 Monthly salary ranges as listed on Attachment A will apply for each classification effective at the beginning of the pay period in which July 1 occurs. As reflected in Attachment A, effective at the beginning of the pay period in which July 1, 2010 occurs, the City agrees to pay a salary increase equal to 0.5% and effective July 1, 2011, a salary ________ In addition, employees will receive a one-time 2.3% increase equal to 1% %. payout in the pay period subsequent to the signing of this agreement. SECTION 3: OUT-OF-CLASSIFICATION PAY Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assignedIn order to qualify for Out-Of-Classification pay, an employee shall work a . minimum of 8 hours per day in the temporary assignment. SECTION 4: BILINGUAL PAY DIFFERENTIAL An employee who uses bilingual skills as approved by his/her supervisor and who passes the required language proficiency test(s) is eligible to receive a 7.5% bilingual pay differential only for the work time during which the employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. 4 25 SECTION 5: HOURS OF WORK: OVERTIME 5.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether ere the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days with two consecutive days off . Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be approved in advance by the Department Head. The City reserves the right to re-evaluate such approvals if the Alternate Work Schedule results in an undue burden to the City. 5.2 Overtime Overtime shall be defined as any work in excess of 40 hours in a seven day work period. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 5.3 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in er ten days prior notice. 5.4 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 5.5 Payment of Overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled overtime and paid accordingly. 5.6 Compensatory Time Off (CTO) At the employees discretion, compensatory time off may be granted for overtime 5 26 worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees, who have previously earned compensatory time, shall be allowed to schedule rovided that prior supervisory approval has been obtained. CTO time may be accrued for up to 80 hours per calendar year. earned Any CTO exceeding 80 hours will be paid at the rate of time and one-half. An employee may carry over the unused balance into the next calendar year. Any unused carryover balance will be automatically paid out at the end of the calendar year. An employee may exercise his/her option two times each calendar year to convert any/or all accumulated compensatory time to cash. 5.7 Leave Accruals An employee shall not accrue leave credits (vacation, sick leave) during a pay period if off without pay for more than 40 hours during said pay period. SECTION 6: FACILITIES CLOSURE 24, 2012 City facilities* will be closed from December 23, 2010 through December 31, 2010 1, 2013 and December 23, 2011 through January 2, 2012 .Employees may use vacation, CTO, floating holiday, administrative leave, or leave without pay for work time missed during the closure week. With Supervisor and Department Head prior approval, an employee may opt to work during the facility closure. *The Sports Center and Blackberry Farm Golf Course may remain open on facilities closure days staffed by part-time employees SECTION 7: P.E.R.S. CONTRIBUTION . The City has contracted with CalPERS for a 2.7% @55retirement formulaThe City the California Public Employees Retirement System (CalPERS) not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% CalPERS Public Employees Retirement System. The City will be contracting with CalPERS for a 2.0% @ 60 retirement formula, three year average, for all new employees hired on or after January 1, 2013. The City CalPERs not to exceed 5.0% of applicable salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the employerto CalPERS. SECTION 8: INSURANCE COVERAGE 8.1 Health - Medical Insurance 6 27 City agrees to pay an amount as set forth hereinfor medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contribute $714.00 toward premium cost per month during the term of this agreement. Required contribution amounts exceeding the premium contribution of the City are the . responsibility of the employeeIn instances where the premium for the insurance plan -weekly compensation. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for new employees hired after July 1, 2005. Effective July 1, 2010, employees that retire or resign from service with the City of as defined in the Summary of Cupertino and who are not eligible for retiree medical benefits Benefits can continue on the Cupertino medical and dental plans provided that they pay the premiums in full. The City reserves the right of selection and administration as to deferred compensation plan(s). If during the term of this agreement, modifications are made to the Federal tax code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation. If during the term of this agreement, modifications are made to the Federal tax code which would result in any of the medical insurance provided to become subject to taxation, the contract will be re-opened to discuss the impact of such modifications. If during the term of this agreement, new medical plans are identified that will be beneficial to the City and CEA, the contract will be reopened to discuss these plan options. 8.2 Dental Insurance $78.26 City agrees to pay$77.26 permonth for employees and their dependents. 8.3 Life Insurance City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 8.4 Long Term Disability Insurance 7 28 The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000of covered monthly salary. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 8.5 Vision Care Insurance The City shall provide Vision Care Insurance for employees and their dependents at a $14.94 cost of 14.36 monthly. SECTION 9: HOLIDAYS 9.1 Fixed Holidays ) The City shall provide the following fixed paid (8 Hourholidays for eligible employees covered by this agreement: . 8. Thanksgiving Day 2Martin Luther King Day 9. Day following Thanksgiving 4. Memorial Day 10. Christmas Eve 5. Independence Day 11. Christmas Day 6. Labor Day 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 observed as the non-work day. Nothing contained herein shall preclude the right of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 9.2 Floating Holidays In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of no less than one quarter of an hour. Floating holiday leave shall be earned at a rate of .77 hours per pay period.Floating holiday leave may be accumulated up to 40 hours. Floating holiday leave shall betaken at the discretion of the employee subject to prior supervisory approval. 9.3 Holiday Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury 8 29 leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. SECTION 10: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of or in the course of the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability as prescribed by State law. 10.1 Use of Sick Leave to Supplement Temporary (not held) Disability Payments Any employee entitled to receive temporary disability payments may elect to supplement such payments with earnings or weekly earning capacity by use of sick leave payments to the extent that such sick 10.2 Use of Sick Leave for Industrial Injury Medical Appointments An employee who is required to see a physician regarding the injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period. SECTION 11: VACATION All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisory approval. Benefited full-time employees accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 14 Years 5.24 136 Hours 272 Hours 15 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. Upon termination of employment, unused vacation may not be used to extend the final employment date beyond the annual accrual rate being earned. 9 30 Represented employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day. Maximum exchange will be ten days. 4. All exchanges are irrevocable. 5. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. SECTION 12: SICK LEAVE hired before October 17, 2012 All full time employees, (other than those holding ) temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn a pro-rated amount of sick leave based on their regular hours worked in All employees hired on or after October 17, 2012 shall earn eight (8) relation to 40 hours. hours per month of sick leave time, but may accrue no more than 240 hours of sick leave time. Those regular employees working less than full time (at least 20 hours per week) shall earn a pro-rated amount of sick leave based on their regular hours worked in relation to 40 hours. pregnancy disability injury, maternity or sickness or injury to the immediate family. An employee hired on or after October 17, 2012, may borrow up to 80 hours of sick leave, subject to Department Head approval. The employee will be required to repay this advance either in sick leave hours or dollars, at the employees option, upon returning to work as defined in the sick leave advance policy. If an employee separates employment prior to repayment of the full balance due, the amount due will be deducted from their final pay. The City will be in compliance with State and Federal Family Leave laws. In addition to the family members listed in the Kin Care Law ( consists of the following: children, stepchildren, spouse/domestic partner, parents, mother-in- , law, father-in-law) the City agrees to expand those members to include siblings, grandchildren and grandparents who because of illness cannot care for themselves, and for medical emergencies. Employees shall, whenever possible, make appointments for medical, dental and similar purposes during non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notification, sick leave shall be taken in periods of no less than one-half hour increments. . hired before October 17, 2012, 12.1 Sick Leave Conversion, Any employee who is , retiring will have the option of applying any remaining sick leave to service credit. If an 10 31 employee is resigning, he/she will not have the option of applying sick leave hours to service credit. 12.2 Sick leave is not vested under California statutory law. hired before October 17, 2012 12.3 Employees shall have the option of cashing out sick leave in accordance with Section 12.4 and 12.5. the qualifying 12.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for up toeighty-five percent (85%) of the value of the bank at the qualifying 12.5 If upon resignation an employee has a minimum of 320 non- vested hours, payment shall be made for up toseventy percent (70%) of the value of the bank 12.6 Represented employees will have the option, subject to approval of the department head, of converting sick leave to vacation leave on a two-to-one basis only if the exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. The minimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis with a maximum of 48 hours and a minimum of 4 hours and may convert up to an additional 32 hours on the basis of one hour of sick leave to 0.7 hour of vacation leave. The conversion of sick leave in excess of 320 hours to vacation leave as described herein is limited to no more than a total of 80 hours per calendar year. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half of the vacation accrued during the previous twelve months. Such conversion either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: a. All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least fourteen (14) calendar days in advance of intended vacation utilization. b. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. c. 11 32 will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented. SECTION 13: SICK LEAVE VERIFICATION A Department Head or supervisor may at their discretion require employees to furnish sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. : SECTION 14 BEREAVEMENT LEAVE up to Employees shall be granted paid bereavement leave of 24 hours upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother-in-law and father-in- up to law. Additional bereavement leave of 16 hours will be granted for travel out of state or over 200 miles. SECTION 15: MILITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees entitled to military leave shall give their supervisor an opportunity within the limits of military requirements, to determine when such leave shall be taken. SECTION 16: PREGNANCY DISABILITY LEAVE n A pregnant employee is entitled to up to four months leave of absence without pay pregnancy related (PDL). for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such A leave except that accrued vacation pay and sick leave may be taken at the option of the on PDL employee need for, and required to verify the extent and duration of the temporary disability 12 33 anticipated duration of, the PDL leave . PDL An employee who plans to take a pregnancy leave must give a reasonable notice i.e., if anticipated, or as soon as possible if the leave is unforeseen, (not less than 4 weeks) before the date she expects to take the leave and the estimated duration of the leave3 until the employee is released by her physician to return to work or for sixty (60) days, whichever As with all other employees returning from medical leave, employees comes first. returning from a PDL leave of at least 3 days are required to provide a doctor note clearing them to return to work. SECTION 17: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same If employee is eligible for FMLA/CFRA, s/he can request up to rate as prior to the leave. 12 work weeks in total for baby bonding during the year after the adoption. : SECTION 18 CATASTROPHIC LEAVE a. submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The committee has the right to establish standards for the granting of leave hours, and ask the applicant to submit further documentation from leave hours. b. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. c. A recipient must have used all of their available leave hours before he/she is eligible. d. The maximum amount is two months (LTD becomes available at this time). e. Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. f. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. g. Active employees wishing to donate sick leave hours to the Catastrophic Leave bank will need to convert sick leave hours (maintaining a minimum of 320 hours after donation) to vacation leave hours. Upon retirement or resignation, an employee can contribute up to 10 hours of sick h. leave provided that the employee has a minimum of 320 hours of sick leave, which has previously become vested. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. 13 34 Donated leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of his or her regular pay. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when applying for funds. SECTION 19: ABSENCE NOTIFICATION An employee is expected not to be absent from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the department head. In the absence of such disciplinary action any employee who absents himself/herself for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. : PROGRAM SECTION 20 TRAINING AND TUITION REIMBURSEMENT continuing It is the intent of the City to recognize the value of training to its education and professional development of its Tuition employees; and to adopt a Reimbursement Program which training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and path interests in the direction of their career with the City; and by doing so to improve the Courses may be specific to their current job specifications, Municipal Service. requirements for degree completion or taken to advance knowledge and skills for a position within the City the employee wishes to obtain. The Tuition Reimbursement Program is a benefit to all full time benefited employees who have completed the required probationary period and provides tuition reimbursement of up to one thousand, two hundred ($1,200) per fiscal year for the cost of registration, required textbooks and/or materials and parking. Employees who wish to educational seek reimbursement from the City for job related training program costs shall in advance of enrollment provide a written request for reimbursement to the Human Resources Division. The form provided shall include the type of training, sponsoring 14 35 The Human Resources and the organization or institution, meeting times and costs. ination if the chosen education program is eligible for reimbursement. Once a training program has been approved, any employee covered would be eligible of up to $1,200 per year for tuition and books for reimbursement for job related training. N However, no employee shall receive any reimbursement until they have provided coursework satisfactory proof of successful completion of the training program. Mandatory or annual coursework, attendance at conferences and training required to maintain job specific certifications or proficiencies are not included in the Tuition Reimbursement Program. : SECTION 21 CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation ucture and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $400 in Rec Bucks toward Buck Policies and a free employee only annual Cupertino Sports Center membership. Part- time benefited employees will have the annual amount of Recreation Bucks prorated based on Recreation Bucks must be used by the employee within two number of hours worked. years of the issuance date and are non-transferrable. : SECTION 22DUE PROCESS In each and every instance involving the issuance of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first having been given, in writing, the basis for such action being taken and the opportunity to For demotions, question the reasons therefore of his/her supervisor or department head. suspensions of more than five days and terminations of employment, the City will provide written notice of the intended actions including the reasons therefore; a copy of any documents upon which the City relied in taking its action and an opportunity to respond, either orally or in writing, prior to the effective date of the disciplinary action. Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal be removed from the file after three years. : SECTION 23 LAYOFF PROCEDURE The appointing authority may layoff employees for lack of funds, lack of work or for other similar and just cause. The appointing authority will identify the classification(s) subject to layoff. All classifications and all departments citywide are subject to layoff considerations. 15 36 Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority, based on the date of the appointment to the classification. If an employee separates from City employment for a period of more than 30 days, the time off from City determining seniority. Employees being laid off shall be entitled to placement in a lower classification; provided (a) the employee was previously employed with regular status having completed the probationary period in that lower classification and (b) the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lower classification shall be entitled to placement in the lower classification, subject to conditions (a) and (b) listed in this section. The City will provide a 30 day notice to any employees identified for layoff and layoff pay in the amount of $2,500 rights to placement in a lower classification pursuant to this section. Medical, dental, vision, and life insurance continue through the end of the month in which the layoff is effective. In addition, the employee will be provided with an opportunity to elect to enroll in COBRA medical, dental, and/or vision coverage at the time of layoff and at employee expense. The names of the employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten (10) business days to a written notice of such opportunity for reinstatement shall cause that name to be removed from the recall list. Such notice shall be sent by certified or registered mail to the address of the employee on file with the City. The affected employees shall be responsible for updating the City of any change in address during the time they are on the recall list. SECTION 24: REINSTATEMENT With the approval of the Appointing Authority, a regularor probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for all purposes shall be considered as though they had received an original appointment. : SECTION 25 CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. : SECTION 26 SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held 16 37 inseparable from the remaining portion of the agreement. : SECTION 27 RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the approved by the City Council of the City. SECTION 28: EXTENDED BENEFITS In the event that any other bargaining unit receives an increase in total compensation package greater than that negotiated between the City and CEA, then the City In the event that any other bargaining unit receives a larger total compensation package than negotiated between the City and CEA, then the City agrees to reopen negotiations with CEA with the goal of providing equity in overall compensation among employees. The parties agree that compensation improvements granted to another bargaining unit after the 3 expiration date of this contract (06/30/2012) will not trigger any modification to this agreement. SECTION 29: TOTAL COMPENSATION SALARY AND BENEFIT STUDY The City will contract for a total salary and benefit survey. Groups will meet and confer regarding the results of the survey. The survey is for information only and will not cause any automatic pay adjustments. 17 38 SECTION 30: TERM 2 This agreement shall be effective commencing at 12:01 a.m., July 1, 2010 and ending 3 at 11:59 p.m. June 30, 2012. CITY OF CUPERTINO Rachelle Sander David Brandt Kimberly Frey Carol Atwood Alex Wykoff Laura Miyakawa Beth Ebben Larry Squarcia Approved as to form: Date: Carol Korade City Attorney Date: 18 39 2012/13 SECTION 2: SALARY SCHEDULE ATTACHMENT EXHIBIT 1 A Classification Step 1 Step 2 Step 3 Step 4 Step 5 Account Clerk $4,531 $4,757 $4,995 $5,245 $5,507 Administrative Clerk $4,802 $5,042 $5,294 $5,559 $5,837 Assistant Civil Engineer $6,803 $7,142 $7,499 $7,875 $8,268 Assistant Planner $6,139 $6,446 $6,768 $7,107 $7,462 Associate Civil Engineer $7,331 $7,697 $8,082 $8,487 $8,910 Associate Planner $6,616 $6,947 $7,294 $7,659 $8,042 Building Inspector $7,012 $7,363 $7,731 $8,118 $8,524 Case Manager $4,911 $5,157 $5,415 $5,686 $5,970 Code Enforcement Officer $5,675 $5,959 $6,257 $6,570 $6,898 Engineering Technician $5,785 $6,074 $6,378 $6,696 $7,031 Environmental Programs Assistant $5,825 $6,116 $6,422 $6,743 $7,081 Facility Attendant $3,448 $3,621 $3,802 $3,992 $4,191 Media Coordinator $5,160 $5,418 $5,688 $5,973 $6,272 Office Assistant $3,837 $4,029 $4,230 $4,442 $4,664 Permit Technician $4,669 $4,903 $5,148 $5,405 $5,676 Plan Check Engineer $7,331 $7,697 $8,082 $8,487 $8,910 Pro Shop Attendant $3,280 $3,444 $3,616 $3,797 $3,987 Producer $5,052 $5,305 $5,570 $5,849 $6,141 Program Promotions Director $4,696 $4,931 $5,177 $5,436 $5,708 Public Works Inspector $7,012 $7,363 $7,731 $8,118 $8,524 Receptionist/Clerk $3,472 $3,646 $3,828 $4,020 $4,221 Recreation Assistant $2,471 $2,595 $2,725 $2,861 $3,004 Recreation Coordinator $4,696 $4,931 $5,177 $5,436 $5,708 Senior Building Inspector $7,493 $7,868 $8,261 $8,674 $9,108 Senior Code Enforcement Officer $5,959 $6,257 $6,570 $6,898 $7,243 Senior Engineering Technician $6,234 $6,546 $6,873 $7,217 $7,578 Senior Office Assistant $4,260 $4,473 $4,697 $4,932 $5,178 Senior Planner $7,094 $7,449 $7,822 $8,213 $8,623 Senior Traffic Technician $6,234 $6,546 $6,873 $7,217 $7,578 Special Programs Coordinator $4,231 $4,442 $4,664 $4,898 $5,143 Traffic Signal Technician $6,488 $6,812 $7,153 $7,510 $7,886 Traffic Technician $5,785 $6,074 $6,378 $6,696 $7,031 19 40 RESOLUTION NO. 12-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CUPERTINO CITY EMPLOYEES’ ASSOCIATION WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of the Cupertino City Employees’ Association, the recognized representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the Memorandum of Understanding between the City of Cupertino and the Cupertino City Employees’ Association. PASSED AND ADOPTED at a regular meeting of the City Council of the City of th Cupertino this 16 day of October, 2012 by the following vote: VOTEMEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________________ ________________________________ Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 41 MEMORANDUM OF UNDERSTANDING City of Cupertino And Operating Engineers Local No. 3 Union, AFL-CIO July 1, 20120 June 30, 20132 42 Table of Contents Category Section Page Number Definitions 1 4 Union Recognition 2 4 Non-Discrimination 3 5 Representation Rights 4 5 Agency Shop 5 6 City Rights 6 9 Permanent Transfers 7 10 Notification of Proposed Change 8 10 Hours of Work: Overtime 9 10 Compensation for Services 10 12 Public Employees Retirement Contribution 11 16 Health and Welfare Benefits 12 16 Insurance 13 17 Paid Absences 14 18 Sick Leave Conversion 15 23 Safety Equipment 16 25 City Sponsored Recreation Programs 17 25 Training and Tuition Reimbursement 18 26 Performance Evaluations 19 27 Temporary Disability Benefits 20 27 Disciplinary Action 21 28 Layoff Procedure 22 28 Reinstatement 23 29 Grievance Procedure 24 29 Impasse Procedure 25 31 2 43 Table of Contents Category Section Page Number Continuation of Benefits 26 32 Separability 27 32 Ratification 28 32 Total Compensation Salary and Benefit 29 33 Study Term 30 33 Elmwood Work Furlough Program Exhibit 1 34 Monthly Salary Ranges Exhibit 2 36 3 44 MEMORANDUM OF UNDERSTANDING Between CITY OF CUPERTINO And OPERATING ENGINEERS LOCAL UNION NO. 3, AFL-CIO Recital: Management and the Membership represented by Operating Engineers Local Union 3 (OE3) wish to formalize a relationship which will survive differences in interests, endure changes in leadership, and extend beyond legal and contractual requirements based on the following principals: In our relationship, we understand and accept that a high degree of trust is essential. Therefore, we will focus on developing and maintaining trust. We will promote and expand communications between the parties and recognize active listening as a major component of communications. We will avoid sending ambiguous or mixed messages. We will always consult before deciding on matters which may have a major impact on the other party. Agreement one 12 This is a two (2) year agreement, entered into the 1st day of July, 2010between the City of Cupertino, hereinafter referred to as "City", and the Operating Engineers Local Union No. 3, AFL-CIO, hereinafter referred to as "Union", sets forth the agreement resulting from the several discussions held between the two parties concerning the wages, hours, and other terms and conditions of employment for the employees of the Public Works Unit of the City, for which the Union is the recognized sole and exclusive representative. This agreement represents the full entire and integrated agreement between the City and the Union and supersedes all prior representations and agreements, whether written or oral. General Provisions SECTION 1: DEFINITIONS 1.1 City the City of Cupertino, a municipal corporation 1.2 Union the Operating Engineers Local Union No. 3 1.3 Employee All employees whose positions are contained in the Public Works Unit recognized pursuant to Section 2.52.470 of the Cupertino Municipal Code. 4 45 SECTION 2: UNION RECOGNITION Pursuant to Section 2.52.480 of the City Code and applicable State law, the Union is recognized by the City as the exclusiverepresentative of the employees within the Public Works Unit consisting of the following classifications as well as any new classifications which may be Human appropriate for this unit as determined by the Municipal Employee Relations Officer Resources Director : Equipment Mechanic Maintenance Worker I Maintenance Worker II Maintenance Worker III Street Lighting Worker 2.1 The City shall promptly notify the Union of its decision to implement any and all new classifications pertaining to work of a nature performed by employees in the bargaining unit. SECTION 3: NO-DISCRIMINATION In accordance with the City of Cupertino Equal Opportunity in EmploymentPlan, all employees shall have equal opportunity in employment without regard to race, color, creed, religion, political affiliation, national origin, sex, disability, sexual orientation, age or for Union activity. SECTION 4:REPRESENTATION RIGHTS 4.1 The City and Union shall not interfere with, intimidate, restrain, coerce or discriminate against employees of the City because of their exercise of representation right under Section 3502 of the Government Code. 4.2 Business Representatives of the Union may have access to any employee or employees presenting a grievance and employees have the right to have the Union Business her Representative represent him or she at all stages of disciplinary action. 4.3 The Union may select two (2) employees from the Service Center as Union Steward. 4.4 In addition to his/her regularly assigned work, the Union Steward shall be permitted reasonable time during working hours to notify the Business Representative through the most rapid means appropriate and available of any alleged violations of this Memorandum. Employees are authorized to contact their Union Steward during working hours to report an alleged grievance or violation of this Memorandum. One Union steward shall be relieved from assigned work duties by their immediate supervisor to attend meetings arranged with Management and to investigate and process grievances initiated by other employees. It is understood and agreed that handling of any 5 46 grievance will not unreasonably interfere with the duties of theUnion Steward as a worker. Accordingly, a Union Steward who is released by a supervisor to investigate a grievance or to meet with Management shall return promptly to his/her regularly assigned duties. 4.5 The City agrees to deduct on a bi-weekly basis the monthly Union membership dues or appropriate agency feefrom the earned wages of each employee within the bargaining unit upon receipt of signed authorization to do so from each employee concerned. Terminations and other personnel changes affecting dues payment will be provided to the Union by the City. 4.6 The City and the Union desire to work towards a good working environment which includes productivity and respect for each individual regardless of classification or representation. SECTION 5: AGENCY SHOP Except as provided otherwise herein, the provisions of this Section shall apply to all employees of the City in all classifications represented by the Union when on paid status, except those mutually designated classifications and mutually designated employees who are employed 995 for no more than 1000 hours per fiscal year. The provisions of this Section shall not apply to individual employees who have been properly and finally determined to be management or confidential employees. For the term of this Agreement, all current and future employees of the City as described above, except as set forth below, shall, as a condition of continued employment, become and remain a member of the Union or, in lieu thereof, shall pay a service fee to the Union. The service fee payment shall be established annually by the Union. 5.1 Employee Rights 5.1.1 The City and the Union recognize the right of employees to form, join, and participate in lawful activities of employee organizations and the equal, alternative right of employees to refuse to form, join, and participate in employee organizations. Neither party shall discriminate against an employee in the exercise of these alternative rights. 5.1.2 Accordingly, membership in the Union shall not be compulsory. An employee has the right to choose, either; to become a member of the Union; or, to pay to the Union a fee for representation services; or, to refrain from either of the above courses of action upon the grounds set forth in Section 5.6 below. 5.2 Employee Selection 6 47 5.2.1 Any regular employee, must, within thirty (30) days of their employment with the City, submit to the City either a signed authorization to deduct dues as a member of the Union; or, sign and deliver to the City a written assignment authorizing deduction of the properly established agency fee as defined in Section 5.3.1 below, subject to the conditions set forth in Section 4.5 of this MOU. Upon receipt of the duly completed authorization, the City will deduct from the pay of the employee and pay to the Union the normal and regular monthly fee. If the employee is granted an exception from these fees based on a religious exception as explained in Section 5.6 below, the employee must designate a charity from Section 5.6.2 to which the appropriate amount will be paid through payroll deduction. 5.2.2 If a person fails to make any of the designations set forth above within the thirty (30) day period, they will be given notice by the City that the Agency Fee deduction will be made beginning with the first full pay period following the expiration of the thirty (30) day period. The City and the Union agree that the Agency Fee shall be paid in exchange for representation services employee who is not a member of the Union. 5.2.3 Any regular employee who makes a designation to pay the Agency Fee within the above thirty (30) day period may at anytime thereafter join the Union and provide to the City a signed authorization to deduct dues as a member of the Union in lieu of the Agency Fee. 5.2.4 During the last thirty (30) days of this Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, any employee who is a member of the Union, may, by written notice to the Human Resources Director and the Municipal Relations Officer or designee Union , resign such membership and change their status to the Agency Fee or exempt category in accordance with the provisions of this article. 5.2.5 The Union specifically agrees that the provisions of Section 5.7 of this Section apply to any claims against the City or any of its agents or employees regarding the payroll deduction of Agency Fee. 5.3 Definition of Agency Fee 5.3.1 The Agency Fee collected from non-member bargaining unit employees pursuant to Section 5.2.1 of this Memorandum of Understanding shall be such employees. Such amount shall be those amounts for full-time employees as are certified to the Municipal Employee Relations Officer/Human Director Resources Manager or designee, from time-to-time by the designated officer of the Union as the Agency Fee. 7 48 5.3.2 actually incurred by the Union in representing employees, who are not also members of the Union, in matters specifically and directly connected with the enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union further certifies tha adjustments including, but not limited to: Union fines, back dues, initiation fees, or any other charge required as a condition of Union membership; any and all amounts which may be used, directly or indirectly, for political or ideological activities, any and all amounts which do not constitute costs actually incurred by the Union in representation matters specifically and directly connected with the bargaining of, enforcement and administration of this Memorandum of Understanding, the adjustment of grievances, and litigation pertaining thereto. The Union specifically agrees that the provisions of Section 5.7 of this Section apply to any claims against the City or any of its agents or employees regarding the appropriateness of the amount of any 5.4 Exceptions The provisions of Section 5 shall not apply to non-benefited part-time employees. 5.5 Financial Reporting 5.5.1 The Union shall submit to the City a detailed written financial report of its financial transactions in the form of a balance sheet and an operating year such reports shall be verified and submitted in writing to the Director Human Resources Manager by the Union within 60 days of July 1. 5.5.2 The Union will provide a reasonably prompt opportunity to challenge the amount of the fee before an impartial decision maker not chosen by the Union and will make provision for an escrow account to hold amounts reasonably in dispute while challenges are pending. 5.6 Employees Exempted from Obligation to pay the Union 5.6.1 Any employee shall be exempted from the requirements of Section 5.2 above if such employee is a member of a bona fide religion, body or sect who has historically held conscientious objections to joining or financially supporting a public employee organization and is recognized by the National Labor Relations Board to hold such objections to Union membership. Such employee shall, upon presentation of membership and historical objection 8 49 satisfactorily to the City and the Union, pay the required service fee to a recognized non-profit charity. 5.6.2 Such exempt employee shall, as outlined in Section 5.6.1 above, as an alternative to payment of an Agency Fee to the Union pay an equal amount equivalent to such Agency Fee to either: a) The United Way; b) Combined Health Agencies Drive (C.H.A.D.); c) Any charity jointly agreed upon by the City and the Union. Such charities cannot be affiliated in any manner with the Union, nor can such charity be related to an established religious organization. 5.7 Hold Harmless The Union shall hold the City harmless and shall fully and promptly reimburse the City for any reasonable legal fees, court costs, or other litigation expenses incurred responding to or with the interpretation, application, administration or enforcement of any section in the Memorandum of Understanding pertaining to Agency Fees. 5.8 Expiration Date of Agency Fee Provisions It is agreed and understood by the parties to this Memorandum of Understanding that the provisions, rights and obligations herein pertaining to payment of any Agency Fee and dues deduction shall not survive beyond the term of this Memorandum of Understanding, and shall accordingly expire at the expiration of this Memorandum, provided however that, pursuant to Government Code Section 3502.5, this Section 5 may be rescinded in its entirety by a majority vote of all the employees in the unit covered by this Memorandum of Understanding. It is understood and agreed that: (1) a request for such a vote must be supported by a petition containing the signatures of at least thirty (30) percent of the employees covered by this Section; (2) such vote shall be by secret ballot; and (3) such vote may be taken at any time during the term of this Memorandum of Understanding, but in no event shall there be more than one vote taken during such term. SECTION 6: CITY RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of services; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 9 50 The City shall have the right to furlough employees subject to meet and confer with the Union regarding the impact of the decision to furlough. The City shall give forty-five (45) days prior written notice to the Union of the intent and anticipated impact or proposed contracts for work now being done or new work that could be done by job classifications represented by the Union. SECTION 7: PERMANENT TRANSFERS Employees shall be notified in writing of any permanent transfer from one division to another ten (10) working days prior to the effective date. SECTION 8: NOTIFICATION OF PROPOSED CHANGE City agrees to serve written notice upon the Union of any intent to change or alter any ordinance, rule, resolution or regulation affecting the recognized employee organization on matters relating to the scope of representation. Upon receipt of the written notification of intended change, the parties will meet at a date not less than fifteen (15) days following receipt of intent. After notification, the parties may mutually agree that the Meet and Confer provisions are satisfied by the written notice. In cases of emergencies when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice of meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, and resolution regulation consistent with the agreement. SECTION 9: HOURS OF WORK: OVERTIME 9.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether such out the duties of the City. The normal work week shall be 40 hours in seven days with two consecutive days off. Alternate Work Schedules (AWS) may be considered, including 9/80 and 4/10, but must be approved in advance by the Department Head. The City reserves the right to re-evaluate such approvals if the Alternate Work Schedule results in an undue burden to the City. 9.2 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in an employee's hours (10) working of work will be made after ten days prior notice. 10 51 Volunteers will be sought for any change in regular work hours. If there are no volunteers, the regularemployee with the least seniority will be assigned for a maximum of twelve months. The city will attempt to make four-month assignments when possible. Non-emergency work will not be scheduled for a weekend when either Friday or Monday is a recognized holiday. (See Section 14.1 - recognition of Saturday and Sunday holidays.) 9.3 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 9.3.1 Clean Up Period At the end of each work period, up to 20 minutes paid clean up time will be provided to employees. Longer periods, when approved by the Supervisor, will be allowed depending on the work activities of the work period. 9.4 Overtime Overtime shall be defined as any work in excess of Section 9.1 above. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the Department Head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 9.5 Payment of Overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, and paid accordingly. 9.5.1 Meal Periods A paid meal period and a $12 meal allowance shall be provided when an employee works more than three consecutive hours immediately following the end of a regular workday. In addition, after four additional consecutive hours of overtime work, a paid meal period and a $12 meal allowance shall be provided. A meal period shall be 40 minutes. 11 52 9.6 Compensatory Time Off 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 request is made in writing. CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding 80 hours will be paid at the rate of time and one-half. An employee may carry over the unused balance into the next calendar year. Any unused carryover balance will be automatically paid out at the end of the calendar year. An employee may exercise his/her option twice each calendar year to convert any/or all accumulated compensatory time to cash. 9.7 Leave Accruals An employee shall not accrue vacation or sick leave credits during a pay period if off without pay for more than 40 hours during said pay period. SECTION 10: COMPENSATION FOR SERVICES 10.1 Salary Range MExhibit 2 a. Approximate monthly salary ranges as listed on Attachment B will apply for each classification effective at the beginning of the pay period in which July 1 occurs. As reflected in Attachment B, effective at the beginning of the pay period in which July 1, 2010 occurs, the City agrees to pay salary increase equal to .5% and effective July 1, 2011, a salary In addition, employees will receive a one-time $1,500 payout in the increase equal to 1.0%. pay period subsequent to the signing of this agreement. b. Maintenance Worker I (MWI) hires after July 1, 2010 will be under the MWI/2010 Exhibit 2 salary schedule as noted in Attachment B. Exhibit 1 c. Differentials as listed on Attachment A will apply for each classification working in the Elmwood Program. 10.2 Bilingual Pay Differential An employee who speaks another language other than English while performing their assigned duties involving contact with members of the community and who passes the required language proficiency test(s), will be eligible to receive a 7.5% bilingual pay differential only for the work time during which the employee uses bilingual skills. For payroll reporting purposes, the 7.5% bilingual pay differential will be recorded with a 15 minute minimum. 12 53 In order to be eligible for Bilingual Pay, the Department Head must certify that the employee has a need to use his/her bilingual skills in communicating with members of the community. 10.3 Acting Pay/Out-of-Class 10.3.1 Acting Pay Temporary assignment, approved in advance by the Department Head, to a classification in a higher pay grade not defined by this agreement, shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. In order to qualify for Acting Pay, an employee shall work a minimum of 8 hours per day in the temporary position.No employee shall work in a higher classification without written notice. A copy of the authorization shall be submitted with the timesheet for the affected pay period. 10.3.2 Out-of-Class Temporary assignments to a position assigned to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification or at a rate five percent greater than that of the regular position, whichever is greater, for hours worked. The temporary assignment shall be authorized in writing by the Supervisor or Assistant Director of Public Works Superintendent of Public Works. No employee shall work in a higher classification without written notice. A copy of the authorization shall be submitted with the timesheet for the affected pay period. No increase in the wage rates shall apply in instances of Maintenance Worker I positions temporarily assigned to positions of Maintenance Worker II classification. 10.4 Standby Compensation Employees who are required to be available during their off-shift hours for possible recall for emergency service shall be compensated at the following rate per 128 hours so assigned during the term of this agreement. 2 July 1, 2010 - $200.00 Minimum manning and skill qualifications for standby assignment shall be determined by the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified employees who reside in an area that provides a response time of 30 minutes or less. 10.5 Callback Pay If any employee is called or required to report for assigned emergency or other duties during the period of the close of the regular work day and the start of the next following work 13 54 day, compensation shall be paid at one and one-half (1 1/2) times the normal rate of the period the employee is required to be available at the work station, and for travel time in connection therewith to and from the employee's customary residence at one and one-half (1 1/2) times. Under such circumstances a minimum payment will be made equivalent to two hours at one and one-half (1 1/2) times the normal rate of pay. 10.6 Mileage Reimbursement Employees who are required to use their personal vehicles for City Business shall be reimbursed for such use at the rate established by the IRS. 10.7 Probationary Period/Salary Advancement The probationary period shall be twelve months of paid employment. Employees will advance to the next step of the salary range upon successful completion of the probationary period. Advancement to subsequent salary steps will be based on merit (satisfactory evaluation) and are scheduled annually thereafter. 10.8 Special Skills Compensation A wide variety of work, requiring specialized skills, is completed by employees of the Service Yard. Position classifications require experience and certification commensurate to the skills required in each separate Division. The following establishes certification, experience and additional compensation for eligible employees. Certifications not listed here, but required of the job specifications, are considered incidental and not eligible for special skill compensation. Special Skills Title Certification Experience % Over Base Needed Needed Salary Non-point Source The ability to 2 yrs @ MWII 7.5% obtain a Certified Erosion, Sediment, and Storm Water Inspector (CESSWI) certificate as issued by the Envirocert International desired* Concrete/Asphalt The ability to obtain 2 yrs @ MWII 7.5% a Certified Public Infrastructure Inspector certificate 14 55 as issued by the American Public Works Association desired* *Required Eight hours per year of continuing education in the specified field. Yard Person/Haz Mat Certificates in the 2 yrs @ MWII 7.5% following: 40 hr Hazardous Waste Operations and Emergency Response Hazwoper Technician Level 8 hr On-Scene Incident Command California Underground Storage Tank System Operator Title 22 Hazardous Waste Management Transportation of Hazardous Materials Welding American Welding 7.5% Society Certified; Horizontal Fillet, Carbon Steel Plate, Vehicle and Overhead Welds Spraying Qualified 7.5% Applicator 15 56 Certificate categories B, C or F Class B License CA Class B Drivers 7.5% License Back Flow Backflow 7.5% Prevention Assembly Tester Certificate as issued by the American Water Works Association Eligible employees receive compensation incentive pay for only actual hours worked. To be eligible for special skill pay, experience and certificates must be current, with written documentation on file with the Human Resources Department. Special skill compensation shall be determined and approved in advance by the Supervisor in writing. 10.9 Flexible Staffing Maintenance Worker I/II An employee shall be eligible to advance from Maintenance Worker I (MWI) to Maintenance Worker II (MWII) after one year of satisfactory service at the maximum salary step of Maintenance Worker I with the recommendation of the Department Head and when all MWII job specification requirements are met. With the new classifications, a MWI would not be eligible to advance to a MWII until all job specification requirements are met. Current MWI have the term of this agreement to obtain these specification requirements. SECTION 11: PUBLIC EMPLOYEES RETIREMENT CONTRIBUTION The City has contracted with CalPERS for a 2.7% @55 retirement formula. The City agrees to pthe California Public Employees Retirement System (CalPERS) not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% of o the Public Employees Retirement System. The City will be contracting with CalPERS for a 2.0% at 60 retirement formula, three year average, for all new employees hired on or after January 1, 2013. The City agrees to pay the employeeto the California Public Employees Retirement System not to exceed 5% of applicable salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the employee 16 57 SECTION 12: HEALTH AND WELFARE BENEFITS The City agrees to make available a plan of comprehensive health and welfare benefits for eligible employees, as well as those provided by the Operating Engineers Health and Welfare Trust Fund for Northern California. Any such benefits program must have the continued approval of the Board of Administration, Public Employees Retirement System. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement. July 1, 20120 through June 30, 20132 Medical Insurance Coverage Level City Contribution Employee 765.29 Employee + 1 905.29 Employee +2 945.29 Required contribution amounts exceeding the premium contribution of the City are the responsibility of the employee. The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for new employees hired after June 30, 2007. Effective July 1, 2010, employees that retire or resign from service with the City of ,as defined in the summary of Cupertino and who are not eligible for retiree medical benefits benefits, can continue on the Cupertino medical and dental plans provided that they pay the premiums in full. If during the term of this agreement, modifications are made to the Federal tax code which would result in any of the medical insurance provided to become subject to taxation, the contract will be reopened to discuss the impact of such modifications. If during the term of this agreement, new medical plans are identified that will be beneficial to the City and OE3, the contract will be re-opened to discuss these plan options. SECTION 13: INSURANCE 13.1 Long Term Disability The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000of covered monthly salary. Employees may use sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 13.2 Life Insurance The City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of five times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 17 58 13.3 Vision Care Insurance The City provides Vision Care Insurance for employees and their dependents at a 94 cost of $14.36 monthly. SECTION 14: PAID ABSENCES 14.1 Fixed Holidays The City provides the following fixed paid holidays for eligible employees covered by this agreement: 1. 2. Martin Luther King Day 3. 4. Memorial Day 5. Independence Day 6. Labor Day 7. 8. Thanksgiving Day 9. Day Following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. 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. Nothing contained herein shall preclude the right of the Department Head, with the approval of the appointing authority, to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 14.1.1 Holiday Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non- work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. 18 59 14.2 Floating Holiday Leave In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (1) hour. Floating holiday leave shall be earned at a rate of .77 hours per paid period. Floating holiday leave may be accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 14.3 Vacations All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits during the calendar year. Accrued vacation may be taken with prior supervisory approval. Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate of vacation being earned. Represented employees may convert, on a twice per calendar year basis, unused vacation time for payment subject to the following conditions: 1. The employee must have accrued vacation of at least 120 hours. 2. Any payments made for unused vacation will be subject to all appropriate taxes. 3. Minimum exchange will be 8 hours; maximum exchange will be 80 hours. 4. All changes are irrevocable. 14.3.1 Vacation Accrual Rate Benefited full-time employees accrue vacation in accordance with the following schedule. Benefited employees who work less than a full-time work schedule accrue vacation in accordance with the following schedule on a pro-rated basis. Service Time Hrs of Accrual Per Pay Annual Accruals Maximum Accrual Period 0 - 3 Years 3.08 80 Hours 160 Hours 4 - 9 Years 4.62 120 Hours 240 Hours 10 14 Years 5.24 136 Hours 272 Hours 15 19 Years 6.16 160 Hours 320 Hours 20 + Years 6.77 176 Hours 352 Hours An employee may accrue no more vacation credit than twice the annual rate being earned. 14.3.2 Full vacation leave shall be taken at one time by any one employee whenever possible. The time during the calendar year at which an employee shall take his/her vacation shall be determined with due regard for the wishes of the employee and particular regard for the 19 60 needs of the service. Vacation leave of less than the full amount earned may be taken with the approval of the Supervisor. 14.3.3 On termination of employment or on receiving a leave of absence of more than three (3) months, an employee who has completed 12 months of continuous service with the City shall be entitled to receive compensation for all earned but unused vacation accrued at the time of termination or at the start of said leave of absence. 14.3.4 The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week. 14.4 Sick Leave hired before October 17, 2012 All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on All employees hired on or after October 17, 2012 shall earn eight (8) hours accumulation. per month sick leave time, but may accrue no more than 240 hours of sick leave time. Those regularemployees working less than full time (at least 20 hours per week) shall earn a prorated amount of sick leave based on their regular hours worked in relation to 40 hours. Employees absent without pay for any reason for more than forty (40) hours during a calendar month shall not earn sick leave benefits for that month. Sick leave may be utilized due to the pregnancy disability personal illness, maternity or sickness or injury to the as defined below immediate family. With proper notice, sick leave shall be taken in periods of no less than one-half (1/2) hour increments. The City will be in compliance with State and Federal Family Leave Laws. In addition to the family members listed in the Kin Care Law ( any of the following: C children, step-children, spouse/domestic partner, parents, mother-in-law, , father-in-law) the City agrees to expand those members to include siblings, grandchildren and grandparents who because of illness cannot care for themselves, and for medical emergencies. Employees shall, whenever possible, make appointments for medical, dental and similar purposes during non-work hours. If this is not possible, sick leave may be used for these purposes. An employee hired on or after October 17, 2012 may borrow up to 80 hours of sick leave, subject to Department Head approval. The employee will be required to repay this advance either in sick leave hours or dollars, at the employee work as defined in the sick leave advance policy.If an employee separates employment prior to repayment of the full balance due, the amount due will be deducted from their final pay. 20 61 14.5 SICK LEAVE VERIFICATION A Department Head or supervisor may require employees to furnish reasonable sick leave certificate or other form of verification where leave abuse is suspected. If it appears that an employee is abusing sick leave or is using sick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. 14.6 Personal Leave The City shall allow accumulated sick leave to be used for conducting personal business which cannot be conducted outside regular working hours or for family medical emergencies. 14.7 Bereavement Leave up to Employees shall be granted paid bereavement leave of 24 hours upon the death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother-in-law and father-in-law. up to Additional bereavement leave of 16 hours will be granted for travel out-of-state or over 200 miles. 14.8 Military Leave Military leave shall be granted in accordance with the provisions of state law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of military requirements, to determine when such leave shall be taken. 14.9 Pregnancy Disability Leave n A pregnant employee is entitled to up to four months leave of absence without pay for pregnancy-related (PDL). temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such A leave except that accrued vacation pay and sick leave may be taken at the option of the on PDL employee need for, and anticipated duration to verify the extent and duration of the temporary disability of, the PDL leave . PDL , An employee who plans to take a pregnancy leave must give a reasonable notice i.e.,if anticipated, or as soon as possible if the leave is unforeseen, (not less than 4 weeks) . As with all other employees returning from before the date she expects to take the leave medical leave, employees returning from a PDL leave of at least 3 days are required to provide a doctor and the estimated duration of the 21 62 leave3 until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. 14.10 Adoption Leave Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate If an employee is eligible for FMLA/CFRA s/he can request up to 12 as prior to the leave. work weeks in total for baby-bonding during the year after the adoption. 14.11 Absence Notification An employee is expected not to absent herself/himself from work for any reason, other than personal illness, without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor or office personnel of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor or office personnel on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissal by the Department Head. In the absence of such disciplinary action, any employee who absents herself/himself for three (3) days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. 14.12 Catastrophic Leave The City's catastrophic leave committee will establish a definition of catastrophic or life- threatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further catastrophic leave hours. Vacation hours and compensatory time off (CTO) hours are the only leave of absence credits which may be donated in any pay period. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance of 40 hours. Upon retirement or resignation, an employee can contribute up to 10 hours of sick leave provided that the employee has a minimum of 320 hours of sick leave, which has previously become vested. 22 63 All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Personnel Officer when applying for funds. A recipient must have used all of their available leave hours before he/she is eligible. The maximum amount is two months (LTD becomes available at this time). 14.13 Family Leave The City of Cupertino will comply with State and Federal Family Leave Laws. SECTION 15: SICK LEAVE CONVERSION 15.1 Sick Leave is not vested under California statutory law. 15.2 At the time of termination, the value of non-vested hours is converted to an . 15.3 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for up to eighty-five percent (85%) of the value of the incentive compensation bank. 15.4 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for up to seventy percent (70%) of the value of the incentive compensation bank. 15.4. a. Employees shall have the option of cashing out sick leave in accordance with Section 15 - Sick Leave Conversion. Any employee who is retiring will have the option of applying any remaining sick leave to service credit. If an employee is resigning, he/she will not have the option of applying sick leave hours to service credit. 15.5 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to- balance is 40 hours or more. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be eight hours sick leave for four hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis to a maximum of 48 hours and a minimum of four hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half (1/2) of vacation accrued during the previous twelve (12) months. Such conversions, either to exchange sick leave for vacation or vice versa, shall be subject to the following conditions: 23 64 a. All requests to exchange sick leave for vacation time shall be submitted in writing to the Department Head at least 60 calendar days in advance of intended vacation utilization. b. The granting of such exchange and subsequent use will be at the discretion of the Department Head. c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. d. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re- conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ratio" is intended to mean that the ration of sick leave to vacation will revert to the original ratio at the time the initial exchange was implemented. SECTION 16: SAFETY EQUIPMENT The City will pay on an annual basis the following amount to employees for the purchase of steel toed safety shoes and rain gearduring the term of this agreement: 2 July 1, 2010 - $400.00 The City shall retain the right to establish minimum safety and quality standards for the steel toed safety shoes,clothing and safety equipment to be used while performing assigned tasks. The city will provide to the employee the following: hard hat, safety glasses, ear protection, gloves, chain saw slip-on foot protection for employees who operate chain saws, orange safety tee shirts and/or uniform shirts (11), sweatshirts, safety jacket (1 jacket every other year), and rain boots. The city will continue to provide and launder shirts or overalls, which shall be worn while carrying out the duties of the city. It is the responsibility of the employee to have the required clothing and/or safety equipment needed for the tasks assigned. If an employee should be at work without the required 24 65 clothing and/or safety equipment, that employee will not be paid until he/she is at the worksite with the required clothing and/or safety equipment. Hard hats must be worn when work performed by an employee is equal to, or above his/her eye level. Steel toed safety shoes must be worn at all times during the workday. For new employees, the safety and equipment allowance will be prorated from the date of employment through the end of the fiscal year in which appointed (June 30). Any employee who for whatever reason, terminates his/her employment with the City before the beginning of the next fiscal year, shall return to the City the prorated value of said safety equipment allowance. The City will pay for prescription safety glasses for those employees needing such protection. SECTION 17: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation -residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $400 in Rec Buckstoward a free, employee only annual Cupertino Sports Center fitness membership. Part-time benefited employees will have the annual amount of Recreation Bucks prorated based on number of hours Recreation Bucks must be used by the employee within two years of the issuance worked. date and are non-transferrable. SECTION 18: TRAINING AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for training program costs shall provide a written request for reimbursement to their immediate supervisor. The request shall include the type of program, sponsoring organization or institution, meeting times and costs for such program. A copy of the supervisor & superintendent's recommendation to the Department Head shall also be provided to the employee. The employee will initial supervisor's comments and the superintendent's recommendation prior to going to the Department Head for approval or denial. Once a training program has been approved, any employee covered by this agreement of up to $1,200 per year for tuition and books for training will be eligible for reimbursement and education . However, an employee shall not receive any reimbursement until providing satisfactory proof of successful completion of the training program. 25 66 18.1 Service Center Safety/Training Committee The City and the Union agree to form a committee to jointly develop a safety/training program. The committee shall meet monthly and will be responsible for the review, discussion, and recommendations of all matters concerning safety and health, including but not limited to accident investigations, safety surveys, job site inspections, safety audits, training and emergency response roles. The committee shall work to problem solve and formulate recommendations to the appropriate divisions within the Service Center. Minutes of the meetings shall be taken and will be distributed to all Service Center employees and posted in a conspicuous location(s). The City shall have two members and the Union shall have one member, to be elected by the membership, from each Service Center division. The City and the Union are committed to a safe working environment, and in pursuit of this shared commitment both sides agree to look at the benefits of implementing a Safety Recognition Program. This effort shall be assumed by the Service Center Safety/Training Committee. Any agreement shall be by consensus between City and Union. 18.2 Labor/Management Committee The parties agree that regular meetings to explore mutual concerns will be beneficial to the relationship between the City and the Union. To promote a problem-solving approach, the parties agree that decision making shall be cooperative. Consequently the parties agree to meet monthly to discuss any issue concerning the rights of either party or the relationship between the City and the Union or the City and employees the Union represents. The purpose of the meetings is to exchange information and to solve problems or issues. If the issue is not resolved, it may be placed on the agendafor the next quarterly labor management meeting. The parties may mutually agree to meet less than monthly. The parties agree that such meetings shall not be negotiations and therefore the results of the meetings shall not be binding on the parties. These meetings are not to act as a substitute for the roles and responsibilities of either a shop steward or other job classifications. The Union shall elect one representative from each division and management may have an equal number of participants on the committee. SECTION 19: PERFORMANCE EVALUATIONS The purpose of performance evaluations is to have formal communication between supervisor and employee regarding job performance. It is a value to both parties to have this process be meaningful and fair. immediately acknowledge the problems in informal or documented oral counseling sessions. Counseling should be separate from normal worksite dialogue and should occur as close in time have the feedback delayed until the time of the annual performance evaluation. 26 67 Annual performance evaluations will occur no later than 30 days after the due date as set by Human Resources. Division Maintenance Worker III(s) should provide input in conjunction with the employee evaluation process. SECTION 20: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of, or in the course of, the performance of his job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by state law. 20.1 Use of Sick Leave to Supplement Temporary Disability Payments Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. Sick leave hours used will subsequently be credited to the employee's account by dividing the employee's base hourly rate into the amount that the employee would have received in industrial injury pay. SECTION 21: DISCIPLINARY ACTION The City has a policy of progressive discipline. When the need for discipline arises, the minimum disciplinary action will be taken commensurate with the seriousness of the offense which has resulted in such discipline. The severity of the discipline will increase if corrective action is not taken. The first and/or most modest step of progressive discipline in the case of minor breaches of the rules, regulations or policy is a verbal warning by the supervisor in charge. If the breach continues, or the offense is more than minor, in the judgment of the supervisor, the employee shall be notified through the issuance of an infraction notice. Such infraction notices shall remain in the supervisor's file and be destroyed after twelve months. Should the offense, in the judgment of the supervisor, be so serious or be of a continuous nature, the supervisor shall recommend more serious reprimand measures or disciplinary action to the Superintendent. These measures would include, but not be limited to, written reprimands, suspensions and termination. Written reprimands shall be destroyed after three (3) years provided the offense has not re-occurred. When the disciplinary action recommended by the supervisor, and with the concurrence of the Superintendent, would impact "property rights" of the employee as defined by the courts of California, it shall be referred to the Director of Public Works. 27 68 and the Union A written notice from the Director of Public Works to the employee at ten (10) working least five days prior to any action, shall state the proposed disciplinary action. The notice shall also contain: a. effective date and time of the proposed action b. the alleged reason for the proposed action c. the acts or omission which support the allegation d. the materials upon which the allegation(s) are based and access to any other related items e. a "Skelly" pre-disciplinary statement as to the rights of the employee to respond either orally or in writing to the Director of Public Works prior to the effective date of f. a statement that the action will become final if the employee fails to respond to the notice within the specified time It is effective date of action until the Skelly has been heard and the City has responded to issues )ten (10) raised in the Skelly meeting. In this case the effective date will be five (5 working days SECTION 22: LAYOFF PROCEDURE The appointing authority may layoff employees for lack of funds, lack of work or for other similar and just cause. The appointing authority will identify the classification(s) subject to layoff. For purposes of this Section, Maintenance Worker I and Maintenance Worker II shall be considered the same classification. Part-time employees shall be released from City service prior to any layoff of regular, full-time employees in the same classification. Employees in a classification(s) identified for layoff shall be laid off in reverse order of seniority, based on the date of the appointment to the classification. If an employee separates from City employment for a period of more than 30 days, the time off from City employment shall be Employees being laid off shall be entitled to placement in a lower classification; provided (a) the employee was previously employed with regular status having completed the probationary period in that lower classification and (b) the employee has more total seniority with the City than an individual in the lower classification. Any employee being displaced by an employee opting to be placed in a lower classification shall be entitled to placement in the lower classification, subject to conditions (a) and (b) listed in this section. The City will provide a 30 day notice to any employees identified for layoff. Such notice will Medical, dental, vision, and life insurance continue through the end of the month in which the layoff is effective. In addition, the employee will be provided with an opportunity to elect to enroll in COBRA medical, dental, and/or vision coverage at the time of layoff and at employee expense. 28 69 The names of the employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten (10) business days to a written notice of such opportunity for reinstatement shall cause that name to be removed from the recall list. Such notice shall be sent by certified or registered mail to the address of the employee on file with the City. The affected employees shall be responsible for updating the City of any change in address during the time they are on the recall list. SECTION 23: REINSTATEMENT With the approval of the appointing authority, a regular or probationary employee who has resigned with a good record or been recalled from a layoff action may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable classification they previously occupied. Upon reinstatement, the employee, for all purposes, shall be considered as though they had received an original appointment. SECTION 24: GRIEVANCE PROCEDURE Definition and Procedure: a grievance is a dispute or difference of opinion raised by an employee against the City involving the meaning, interpretation or application of the express provisions of this Agreement or the Rules on Conditions of Employment or existing work rules. A grievance shall be processed in the following manner: Step 1: Any employee who has a grievance shall submit it designated as a grievance to the employee's immediate supervisor, who is designated for this purpose by the City. The supervisor shall give the employee an oral answer within five (5) calendar days after such presentation. Step 2: If the grievance is not settled in Step 1 and the employee wishes to advance the grievance to Step 2 of the grievance procedure, it shall be referred in writing to the employee's next highest supervisor within five (5) calendar days after the supervisor's oral answer, or answer due in Step 1, and shall be signed by both the aggrieved employee and the Union Representative or Union Business Agent. The written grievance shall contain a complete statement of the facts, the provisions or provisions of this Agreement or work rules which the City is alleged to have violated and the relief requested. The supervisor or other person designated for this purpose shall discuss the grievance within five (5) calendar days with the employee and the Union Representative at a time mutually agreeable to the parties. If no settlement is reached, the supervisor or other person designated for this purpose shall provide the employee a written answer within five (5) calendar days following their meeting. Step 3: If the grievance is not settled in Step 2 and the employee wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be referred in writing to the employee's Department Head within five (5) calendar days after the supervisor's answer in Step 2 and shall be signed by both the aggrieved employee and the Union Representative or Union Business 29 70 Agent. The Department Head shall discuss the grievance within five (5) calendar days with the employee and the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the Department Head shall give the City's written answer to the employee within five (5) calendar days following their meeting. Step 4: If the grievance is not settled in Step 3 and the employee wishes to appeal the grievance to Step 4 of the grievance procedure, the Union may refer the grievance to advisory mediation as described below within fourteen (14) calendar days after the decision is provided at the third step. 1) The parties shall attempt to agree upon an advisory arbitrator within seven (7) calendar days after receipt of the notice of referral. In the event that parties are unable to agree upon an advisory arbitrator within said seven (7) day period, the parties shall immediately jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the Union and the City shall have the right to strike two (2) names from the panel. The person remaining shall be the advisory arbitrator. 2) The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of Union and City representatives. 3) The City or the Union shall have the right to request the arbitrator to require the presence of witnesses or documents. The City and the Union retain the right to employ legal counsel. 4) The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later. 5) More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing. 6) The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the City and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Limitations on Authority of Advisory Arbitrator: The advisory arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of this Agreement. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the Second Step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. The recommendation shall be advisory only. 30 71 SECTION 25: IMPASSE PROCEDURE The following procedures, extracted from the Municipal Code (Section 2.52.410), shall apply in the event the parties are unable to resolve and impasse satisfactorily: 25.1 Impasses A. Impasse procedures may be invoked only after the possibility of settlement by direct discussion has been exhausted. The impasse procedures are as follows: 1. Mediation (or conciliation). (Defined in Section 2.52.290) All mediation proceedings shall be private. The mediator shall make no public recommendation nor take any public position concerning the issue. 2. A determination by the City Council after a hearing on the merits of this dispute. 3. Any other dispute resolving procedures to which the parties mutually agree or which the City Council may order. Any party may initiate the impasse procedure by filing with the other party (or parties) declaration of affected a written request for an impasse meeting together with a statement of its position on all disputed issues. An impasse meeting shall then be scheduled by the municipal employee relations officer forthwith after the date of filing of the written request for such meeting, with written notice to all parties affected. The purpose of such impasse meeting is twofold: a) To permit a review of the position of all parties in a final effort to reach agreement on the disputed issues, and b) If agreement is not concluded, to mutually select the specific impasse procedure to which the dispute shall be submitted; in the absence of agreement between the parties on this point, the matter shall be referred to the City Council. B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable one-half of the City and one-half by the employee organization or employee organizations. Once a party has initiated the impasse procedure, the parties shall comply with the requirements of California Government Code sections 3505.2, 3505.4, 3505.5, 3505.7, as well as any other applicable sections of the California Government Code and applicable PERB regulations. B. The fees and expenses, if any, of mediators or of any other impasse procedure, shall be payable accordance with the California Government Code sections 3505.2, 3505.5, and any applicable regulations. 31 72 SECTION 26: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be The City will maintain all maintained at the standards in effect at the time of execution. economic benefits at the same level as in effect at the time of execution of this agreement. SECTION 27: SEPARABILITY In the event any provisions of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 28: RATIFICATION Nothing contained in this agreement shall be binding upon either the City or the Union following signing of this agreement by the parties until it has been ratified by the Union's membership and presented and approved by the City Council of the City. SECTION 29: TOTAL COMPENSATION SALARY AND BENEFIT STUDY The City will contract for a total salary and benefits survey. Groups will meet and confer regarding the results of the survey. The survey is for information only and will not cause any automatic pay adjustments. SECTION 30: TERM ,2 This agreement shall be effective commencing at 12:01 a.m. July 1 2010 and ending at , 3 11:59 p.m. June 302012. OPERATING ENGINEERS LOCAL CITY OF CUPERTINO UNION No. 3 Bill Pope David Brandt Ty Bloomquist Carol Atwood Brad Alexander Roger Lee James Steed Timm Borden 32 73 Mike Loomis Maria Jimenez Theodore Tefft Date: Approved as to form: Carol A. Korade, City Attorney Date 33 74 Exhibit 1 Attachment A Elmwood Work Furlough Program Purpose: To provide a public service for local government through the availability of individuals in a sentencing alternative program, to perform clean-up type duties. Affected Employees: 1. All employees hired on or after January 1, 2006 may be required to participate in the Elmwood Work Furlough Program (EWFP). 2. Participation by employees hired prior to January 1, 2006 will be on a voluntary basis. 3. Seniority for employees hired on the same day will be determined by employee number (i.e., the lower the employee number, the greater the seniority). Participation: 1. An Administrative Crew Leader will be responsible for daily activities related to the EWFP. 2. Assistant Crew Leader will be assigned as necessary to the EWFP. 3. Elmwood Responsible are periodically assigned inmates under the general supervision of the Elmwood Lead/Assistant Lead. 4. Employees will be provided ten (10) calendar days notice prior to permanent assignment with the EWFP. 5. With the exception of volunteers, employees with the least seniority who have received EWFP training will be assigned within 30 days of the completion of training to participate as staffing is required. Compensation: 1. Administrative Crew Leader -10% above base pay. 2. Assistant Crew Leader 7.5% above base pay. 3. Elmwood Responsible 5% above base pay. 4.Meal Periods are paid for the Administrative Crew Leader and Assistant Crew 3. Leader. Responsibility: The following responsibilities/tasks are assigned to participants in the EWFP. 1. Administrative Crew Leader a. Knowledge of EWFP policies, rules, and regulations. 34 75 b. Daily administrative of the EWFP. c. Assignment of inmates consistent with direction of the responsible Public Works Supervisor. d. Conduct an 8:00 a.m. roll call at the beginning of each day. e. Notify Elmwood if an inmate does not arrive on time. f. Assign tools and safety equipment to inmates. g. h. Conduct a 4:00 p.m. roll call at the end of each day. An Administrative Crew Leader will not perform manual work that will distract from fully monitoring the EWFP crew. 2. Assistant Crew Leader a. Knowledge of EWFP policies, rules, and regulations. b. Contact the Administrative Crew Leader concerning EWFP issues. c. Lock and secure Corporation Yard at the end of the day. AnAssistant CrewLeader will not perform manual work that will distract from fully monitoring the EWFP crew. 3. Elmwood Responsible a. Knowledge of EWFP policies, rules and regulations. b. c. Contact the Elmwood Lead/Assistant Lead concerning EWFP issues. d. Not eligible for additional special skills incentive pay (unless Class B license). An Elmwood Responsible will perform manual work, provided that the EWFP crew is fully monitored. Liability: An employee assigned to EWFP is covered for liability purposes by the City of Cupertino while performing duties within the scope of his/her job. 35 76 Exhibit 2 SECTION 10.1A: MONTHLY SALARY RANGES ATTACHMENT B Salary Effective 2 07/01/11 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Equipment Mechanic $ 5,320 $ 5,586 $ 5,865 $ 6,158 $ 6,466 Maintenance Worker I $ 4,279 $ 4,493 $ 4,717 $ 4,955 $ 5,202 Maintenance Worker I-2010 $ 3,881 $ 4,075 $ 4,279 $ 4,493 $ 4,717 Maintenance Worker II $ 4,493 $ 4,717 $ 4,955 $ 5,202 $ 5,465 Maintenance Worker III $ 5,202 $ 5,465 $ 5,738 $ 6,027 $ 6,328 Street Lighting Worker $ 5,063 $ 5,316 $ 5,582 $ 5,861 $ 6,154 36 77 Sideletter Agreement: ATTACHMENT C Due to timing, the parties agree to meet and discuss the following items subsequent to the ratification of this agreement, with the intent to retroactively include the agreed upon items as an integral part of the agreement no later than August 31, 2010: 1. Updated job descriptions 2. Timeline for obtaining certificates Approval of Side letter: OPERATING ENGINEERS LOCAL CITY OF CUPERTINO UNION No. 3 Bill Pope David W. Knapp Brian Gathers Carol Atwood Tony Proni Roger Lee James Steed Laura Miyakawa Date: Approved as to form: Carol A. Korade City Attorney Date: 37 78 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND OPERATING ENGINEERS LOCAL NO. 3 UNION, AFL-CIO WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City of Cupertino and of Operating Engineers Local No. 3 Union, AFL-CIO, the recognized representative of the Public Works Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and Operating Engineers Local No. 3 Union, AFL-CIO. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of October, 2012 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _____________________________ ________________________________ Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 79 City of Cupertino 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 Director of Community Development Accounting Technician Director of Parks and Recreation Administrative Assistant Director of Public Works Asst. Director of Public Works - Engineering Environmental Affairs Coordinator Asst. Director of Public Works - Maintenance Environmental Programs Manager Assistant Director of Public Works Assistant to the City Manager Building Official Legal Services Manager City Architect Executive Assistant to the City Manager Capital Improvement Program Manager City Clerk Finance Director City Manager GIS Coordinator City Planner I Human Resources Analyst Community Relations Coordinator Human Resources Director Deputy City Clerk I Human Resources Technician Director of Administrative Services Information Technology Manager Information Technology Assistant 1 80 MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued) Human Resources Assistant Human Resources Analyst II Human Resources Technician II Management Analyst Network Specialist Park Planner Park Restoration and Improvement Manager Public and Environmental Affairs Director Public Works Projects Manager Public Works Supervisor Recreation Supervisor Redevelopment/Economic Development Manager Senior Civil Engineer Senior Recreation Supervisor Senior Management Analyst Sustainability 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, , 10/12 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10 2 81 City of Cupertino Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, 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. The employees will receive a one-time 2.3% payout during the pay period subsequent to the adoption of this agreement. The City will contract for a total salary and benefits survey. Groups will meet and confer regarding the results of the survey. This survey is for information only and will not cause any automatic pay adjustments. Adopted by Action of the City Council April 1, 1974 , 10/12 Revised 8/78, 7/79, 6/80, 7/92, 6/95 3 82 City of Cupertino 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 having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. 4 83 D. Training Session A training session is any type of seminar or workshop the attendance at which is for the ities 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 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 5 84 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. 6 85 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 not The City will reimburse or advance payment toward expenses including, but not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including those of a partner when accompanying the employee on City- related business, as well as child or pet-related expenses; 4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 5. Gifts of any kind for any purpose; 6. Service club meals; of those besides economic development staff; 7. Alcoholic beverages; 8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 9. Personal losses incurred while on City business. IV ATTENDANCE AUTHORIZATION A. Budgetary Limitations Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. B. Conference Attendance Attendance at conferences or seminars by employees must be approved by their supervisor. C. Meetings Any employee, management or non-management, may attend a meeting when authorized by their supervisor. 7 86 D. Training Sessions Any employee, management or non-management, may attend a training session when authorized by their supervisor. V. FUNDING A. Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B. Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process. VI. DIRECT CASH ADVANCE POLICY From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or 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 urn on the expense report described in Section VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10 8 87 City of Cupertino 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 City Manager $350.00 Director of Administrative Services 300.00 Director of Community Development 300.00 Director of Parks and Recreation 300.00 Director of Public Works 300.00 Assistant Director of Public Works 250.00 City Clerk 250.00 Public and Environmental Affairs Director 250.00 City Architect 250.00 Traffic Engineer 250.00 Recreation Supervisor 200.00 * Legal Services Manager 200.00 Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. *This allowance will be eliminated once the current employee is no longer in the position. 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, , 10/12 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 7/11 9 88 City of Cupertino Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 10 89 City of Cupertino Policy No. 6 OVERTIME WORKED 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 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 April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97, 4/07 11 90 City of Cupertino Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in The City will no longer pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage) for new employees hired after July 1, 2005. Medical Insurance Coverage Level City Contribution Employee 702.00 Employee + 1 762.00 Employee +2 802.00 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 91 City of Cupertino Policy No. 8 FLEXIBLE 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. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time with full pay and benefits. Employees may accumulate flexible 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 13 92 City of Cupertino Policy No. 9 LIFE AND LONG 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 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 14 93 City of Cupertino 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 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 15 94 City of Cupertino Policy No. 11 At the beginning of the pay period in which 2.7% @ 55 becomes effective, the City o CalPERS not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the The City will be contracting with CalPERS for a 2/0% @60 retirement formula for those employees hired after January 2, 2013. The City agrees to pay the employee contribution rate to CalPERS not to exceed 5.0% of applicable salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the employer contribution rate to the Public Employees Retirement System. Adopted by Action of the City Council June, 1981 , 10/12 Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10 16 95 City of Cupertino UNR 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. 8 The premium cost for the insurance provided by the City shall not exceed $77.26 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. Adopted by Action of City Council July 1, 1983 , 10/12 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07 17 96 City of Cupertino Policy No. 13 ADMINISTRATIVE LEAVE The City Manager and department heads shall receive forty (40) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to 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, 1988 Revised 7/92, 7/97, 7/99, 7/10 18 97 City of Cupertino UNREPRESENTED 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 19 98 City of Cupertino Policy No. 15 PUBLIC SERVICE CREDIT VACATION ACCUMULATION The City Manager and department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 7, 1997 Revised 6/99, 7/10 20 99 City of Cupertino Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance may be offered to the department heads pursuant to Resolution No. 99-070. Adopted by Action of the City Council July 7, 1997 , 8/12 Revised 7/99, 7/10 21 100 City of Cupertino 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. 94 The premium cost for the insurance provided by the City shall not exceed $14.36 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 , 10/12 Revised 7/99, 6/02, 6/03, 7/10 22 101 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades City Council and Planning Commission Compensation 2 Effective July 1, 2010 23 102 CITY OF CUPERTINO CLASSES AND POSITIONS/CITY COUNCIL AND PLANNING COMMISSION 2 EFFECTIVE JULY 1, 2010 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions of the Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. Only the City Council can modify these rates. Classification Step 1 Step 2 Step 3 Step 4 Step 5 $17,500 $18,795 City Manager Å Å Å r Å Å Director of Administrative Services Å Å Å Å Å r Director of Community Development Å Å Å Å Å r Director of Parks and Recreation Å Å Å Å Å r  Director of Public Works Members of the City Council $730.24/month Members of the Planning Commission $50.00/meeting (maximum $200.00/month) 24 103 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE MANAGEMENT CLASSIFICATIONS 2 EFFECTIVE JULY 1, 2010 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant Director of Public Works - Eng $9,967 $10,465 $10,988 $11,538 $12,115 Assistant Director of Public Works $10,066 $10,570 $11,098 $11,653 $12,236 Assistant Director of Public Works - År  Å Å Å r Å Maintenance År År År År År  Assistant to the City Manager År År Å r Å Å r  Building Official City Architect $9,190 $9.650 $10,132 $10,639 $11,171 Capital Improvement Program Manager$9,190$9,650$10,132$10,639$11,171 År År År År År  City Clerk År År Å r Å Å r  City Planner År År  År  År År Environmental Affairs Coordinator År År  År  År År Environmental Programs Manager År År Å r Å Å r  Finance Director År År Å r Å Å r  Human Resources Director År År  År Å r  Å r  Information Technology Manager År År Å r Å Å r  Park Planner Park Restoration and Improvement Manager $9,190 $9,650 $10,132 $10,639 $11,171 År År  År Å r  Å Public and Environmental Affairs Director År År År År År  Public Works Project Manager År År  År År År Public Works Supervisor År År År År År  Recreation Supervisor År År Å r Å Å r  Redevelopment/Economic Development Mgr År År Å r Å Å r  Senior Civil Engineer År År År  År  År Senior Recreation Supervisor Senior Management Analyst $7,094 $7,449 $7,822 $8,213 $8,623 Sustainability Manager $7,667 $8,061 $8,464 $8,887 $9,332 25 104 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS 2 EFFECTIVE JULY 1, 2010 Classification Step 1 Step 2 Step 3 Step 4 Step 5 År År År År År  Accountant År År År  År År Accounting Technician År År  År  År År Administrative Assistant År År År  År År Community Relations Coordinator År År  År  År År Deputy City Clerk År År År År  År Legal Services Manager År År År År  År Executive Assistant to the City Manager År År År År  År  GIS Coordinator År År År År År  I Human Resources Analyst Å r År År  År År  Human Resources Assistant År År År  År År Human Resources Analyst II År År År  År År I Human Resources Technician År  År År År  År Human Resources Technician II Å r Å r År År  År I.T. Assistant År År År  År År Network Specialist År År  År  År År Management Analyst År År År År  År  Web Specialist 26 105 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 10-127, UNREPRESENTED (MANAGEMENT AND CONFIDENTIAL) EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees’ Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of October, 2012 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _____________________ ________________________________ Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 106 City of Cupertino CITY ATTORNEY E 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 management employees in the City office shall be eligible for participation under the City Attorney 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 holding positions as management employees, as defined under section 2.52.290 of the Cupertino Municipal Code. These are 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 city attorney employees. MANAGEMENT CLASSIFICATIONS: Classification Title City Attorney Assistant City Attorney Deputy 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 1 107 City of Cupertino CITY ATTORNEY Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, 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. The employees will receive a one-time 2.3% payout during the pay period subsequent to the adoption of this agreement. The City will contract for a total salary and benefits survey. Groups will meet and confer regarding the results of the survey. The survey is for information only and will not cause any automatic pay adjustments. Adopted by Action of the City Council July 1, 2010 Revised October 2, 2012 2 108 City of Cupertino CITY ATTORNEY 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 vention, 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 ties. 3 109 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) airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. D. Lodging Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. Where the lodging is in connection with a conference or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non-conference 4 110 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. 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 5 111 not The City will 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; 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 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) 6 112 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 scribed in Section VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. Adopted by Action of the City Council July 1, 2010 7 113 City of Cupertino CITY ATTORNEY TION 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 City Attorney 350.00 Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. Adopted by Action of the City Council July 1, 2010 8 114 City of Cupertino CITY ATTORNEY 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. 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 July 1, 2010 9 115 City of Cupertino CITY ATTORNEY 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 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 10 116 City of Cupertino CITY ATTORNEY 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 City Attorney Employee positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in t pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage). Medical Insurance Coverage Level City Contribution Employee 702.00 Employee + 1 762.00 Employee +2 802.00 Adopted by Action of the City Council July 1, 2010 11 117 City of Cupertino CITY ATTORNEY Policy No. 8 FLEXIBLE 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 City Attorney 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. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 1, 2010 12 118 City of Cupertino CITY ATTORNEY EMPLOY Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for City Attorney 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 salary to a maximum of $250,000.00. Adopted by Action of the City Council July 1, 2010 13 119 City of Cupertino CITY ATTORNEY Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for City Attorney employees for services performed for the City. 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 attorney employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 1, 2010 14 120 City of Cupertino CITY ATTORNEY Policy No. 11 The City has a CalPERS 2.7% @ 55 retirement formula. T contribution rate to CalPERS not to exceed 6.0% of applicable salary and each employee agrees to pay 2.0% of appl Public Employees Retirement System The City will be contracting with CalPERS for a 2.0% @60 retirement formula for those employees hired after January 1, 2013. The City agrees to pay the employee rate to CalPERS not to exceed 5.0% of applicable salary and each employee agrees to pay Public Employees Retirement System. Adopted by Action of the City Council July 1, 2010 Revised October 2, 2012 15 121 City of Cupertino CITY ATTORNEY Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in City Attorney Employee positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. 78 The premium cost for the insurance provided by the City shall not exceed $77.26 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. Adopted by Action of City Council July 1, 2010 Revised October 2, 2012 16 122 City of Cupertino CITY ATTORNEY Policy No. 13 ADMINISTRATIVE LEAVE The City Attorney shall receive forty (40) hours of administrative leave with pay per year. Other City Attorney employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to 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 17 123 City of Cupertino CITY ATTORNEY 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 City Attorney 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 July 1, 2010 18 124 City of Cupertino CITY ATTORNEY Policy No. 15 PUBLIC SERVICE CREDIT VACATION ACCUMULATION The City Attorney and staff attorneys 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 for the City Attorney only. 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. Adopted by Action of the City Council July 1, 2010 19 125 City of Cupertino CITY ATTORNEY Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance may be offered to the City Attorney pursuant to Resolution No. 99- 070 as amended. Adopted by Action of the City Council July 1, 2010 20 126 City of Cupertino CITY ATTORNEY 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. 94 The premium cost for the insurance provided by the City shall not exceed $14.36 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 21 127 City of Cupertino Listing of City Attorney Classifications by Salary Rate or Pay Grades 2 Effective July 1, 2010 22 128 CITY OF CUPERTINO EXEMPT POSITIONS 2 EFFECTIVE JULY 1, 2010 The salaries, wages or rates of pay for those attorney 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. Exempt Classification Step 1 Step 2 Step 3 Step 4 Step 5 18,403 $17,231 City Attorney Management Classification Step 1 Step 2 Step 3 Step 4 Step 5 År År År År År  Assistant City Attorney Å  Å Å r  Å r  Å r  Assistant City Attorney 23 129 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 10-128 OF THE CITY ATTORNEY EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the City Attorney Employees’ Compensation Program. NOW, THEREFORE, BE IT RESOLVED that the City Attorney Employees’ Compensation Program be amended which is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of October, 2012 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _____________________ ________________________________ Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 130 CITY OF CUPERTINO ARR DMINISTRATIVE ULES AND EGULATIONS PC OF THE ERSONNEL ODE CP ITYWIDE OLICIES J1,2012 ULY OCTOBER17,2012 1 131 ARRPC DMINISTRATIVE ULES AND EGULATIONS OF THE ERSONNEL ODE Table of Contents PR PI 1 ERSONNEL ULES ART DEFINITIONS SECTION 1 2 GENERAL ADMINISTRATION SECTION 2 5 2.1 Purpose 5 2.2 Policy 6 2.3 Administration 6 2.4 Interpretation 6 2.5 Coverage 6 2.6 Repeal of Existing Rules 6 2.7 Amendments to Rules 6 2.8 Effective Date 6 GENERAL PROVISIONS SECTION 3 7 3.1 Fair Employment Practices 7 3.2 Violation of Rules 7 CLASSIFICATION PLAN SECTION 4 7 4.1 Preparation of Plan 7 4.2 Adoption and Revision of Plan 7 4.3 Allocation of Positions 7 4.4 New Positions 8 4.5 Reclassification 8 RECRUITMENT SECTION 5 8 5.1 Announcement Notices 8 5.2 Request for Application Forms 8 5.3 Application Forms 8 5.4 Disqualification 8 5.5 Disqualification - Nepotism 9 5.6 Receipt of Applications 9 EXAMINATIONS SECTION 6 9 6.1 Nature and Type of Examinations 9 6.2 Promotional Examinations 10 6.3 Continuous Examinations 10 6.4 Scoring Examinations and Qualifying Scores 10 6.5 Notification of Examination Results 10 2 132 ELIGIBLE LISTS SECTION 7 10 7.1 Eligible Lists 10 7.2 Duration of Eligible Lists 10 7.3 Placement on Eligible Lists 10 7.4 Certification 11 7.5 Order of Certification 11 7.6 Removal of Names from Eligible Lists 11 7.7 Replacing an Eligible List 11 APPOINTMENTS SECTION 8 11 8.1 Type of Appointments 11 8.2 Position Requisitions 12 8.3 Order of Employment 13 PROBATIONARY PERIOD SECTION 9 13 9.1 Objective of Probationary Period 13 9.2 Extension of Probationary Period 13 9.3 Rejection During Probationary Period 13 PERFORMANCE EVALUATIONS SECTION 10 13 10.1 Evaluation of Employee Performance 13 10.2 Performance Evaluation Forms 13 10.3 Annual Evaluations - Merit Increases 14 10.4 Probationary Period 14 10.5 Non-timely Evaluations - Merit Increase 14 10.6 Performance Evaluations - Disagreement 14 STATUS CHANGES SECTION 11 14 11.1 Transfer 14 11.2 Demotion 14 11.3 Suspension 14 11.4 Reinstatement 14 ATTENDANCE AND LEAVES OF ABSENCE SECTION 12 15 12.1 Hours of Work 15 12.2 Holidays 15 12.2.1 Floating Holidays 15 12.2.2 Rescheduled Work Assignment 15 12.2.3 Unused Work Hours 16 12.2.4 Holiday Pay 16 12.3 Vacation Accrual 16 12.3.1 Vacation Sellback 16 12.4 Sick Leave 17 12.4.1 Sick Leave Conversion 17 12.4.2 Conditions - Sick Leave Hours Conversion to Vacation 18 3 133 12.4.3 Conditions - Vacation Hours Conversion to Sick Leave 18 12.4.4 Personal Leave 18 12.4.5 Sick Leave Verification 19 12.5 Incentive Compensation 19 12.5.1 Hourly Value 19 12.5.2 Retirement 19 12.5.3 Resignation 19 12.6 Bereavement Leave 19 12.7 Absence Notification 19 12.8 Military Leave 20 12.9 Jury Duty 20 12.10 Temporary Disability Benefits 20 12.11 Pregnancy Disability Leave 20 12.12 Adoption Leave 21 12.13 Catastrophic Leave 21 12.14 Attendance 22 12.14.1 Attendance Records 23 OVERTIME SECTION 13 23 13.1 Overtime Pay 23 13.2 Non-Exempt Overtime 23 13.3 Exempt Employees 23 13.4 Stand-by Pay 23 TERMINATIONAND REEMPLOYMENT SECTION 14 23 14.1 Resignations 23 14.2 Layoffs 23 14.3 Reemployment 23 14.4 Reinstatement 24 DISCIPLINE SECTION 15 24 15.1 Policy 24 15.2 Procedure 24 15.3 Forms of Disciplinary Action 24 15.4 Causes for Disciplinary Action 25 15.5 Pre-disciplinary Proceedings 26 15.6 Notice Requirements 26 15.7 Skelly Meeting 27 15.8 Action Letter 28 15.9 FLSA Exempt Employees 28 APPEALS AND HEARINGS SECTION 16 29 16.1 Form of Appeal 29 16.2 Filing of Appeal 29 16.3 Representation 29 4 134 16.4 Who May Appeal 29 16.5 Hearing on Appeals 29 GRIEVANCE PROCEDURE SECTION 17 29 17.1 Definition 29 17.2 Step 1 29 17.3 Step 2 30 17.4 Step 3 30 17.5 Step 4 30 17.6 Advisory Arbitration 30 17.7 Limitations on Authority of Advisory Arbitrator 31 OCP PII 33 THER ITYWIDE OLICIES ART EQUAL OPPORTUNITY IN EMPLOYMENT SECTION 1 34 ALCOHOL AND DRUG ABUSE POLICY SECTION 2 34 2.1 Purpose 34 2.2 Policy 34 2.3 Application 35 2.4 Employee Responsibilities 36 2.5 Management Responsibilities and Guidelines 36 2.6 Physical Examination and Drug Screening Procedures 37 2.7 Fit-for Duty Examinations 37 2.8 Confidentiality 38 2.9 Appeal Process 38 2.10 Summary 38 PROHIBITION AGAINST HARASSMENT, DISCRIMINATION SECTION 3 RETALIATION 39 3.1 Policy Statement 39 3.2 Definition 39 3.3 No Retaliation 40 3.4 Complaint Procedure 41 3.5 Responsibilities 42 3.6 Penalties 43 3.7 Policy Statement 43 3.8 Definitions 43 3.9 Policy/Procedure 43 AMERICANS WITH DISABILITIES ACT SECTION 4 45 4.1 Purpose 45 4.2 Policy 45 5 135 4.3 Definitions 46 4.4 Complaint Procedure 52 FAMILY LEAVE POLICY SECTION 5 53 REIMBURSEMENT OF EXPENSES SECTION 6 57 6.1 Personal Vehicles 57 6.2 Reimbursements 57 SPECIAL CONDITIONS SECTION 7 57 7.1 Training Programs 58 7.2 Suggestion System 58 7.3 Hospitalization, Medical, Dental and Life Insurance Programs 58 7.4 Memorandum of Understanding 58 WORKPLACE VIOLENCE SECTION 8 58 8.1 Policy 58 8.2 Definitions 58 8.3 Zero Tolerance 58 8.4 Violent Acts 59 8.5 Reporting Violent Acts 59 8.6 Workplace Violence Written Report 59 8.7 No Retaliation 60 8.8 Investigation 60 8.9 Due Process 60 6 136 PI ART PR ERSONNEL ULES JULY 5, 2011OCTOBER 17, 2012 1 137 SECTION 1 DEFINITIONS 1.1 Administrative Leave: Leave granted by the City Manager with or without pay for a maximum of thirty (30) calendar days. 1.2 Allocation: The assignment of a single position to its proper classification in accordance with the duties performed and levels of responsibility. 1.3 Anniversary Date: A date set following a beginning level or promotional appointment, on which an employee is due for a performance evaluation, or is eligible for status change, or should be considered for a merit increase. 1.4 Applicant: A person who has submitted an application for employment. 1.5 Appointing Authority: The City Manager. 1.6 Candidate: An applicant invited to compete in the examination process. 1.7 Certification Notice: The submission of names of eligible from an eligible list. 1.8 Class Specification: The official description of a job classification including the title, a statement of duties and levels of responsibilities, distinguishing characteristics from other classes if applicable, and qualification standards including education, experience, knowledge, skills, and abilities. 1.9 Classification (Class): A group of positions having duties and levels of responsibility sufficiently similar that the same job title, examples of duties, qualification standards, and methods of selection and compensation may be applied. 1.10 Confidential Classification: Confidential classes as defined in City Resolution No. 9901. 1.11 Continuous Service: The uninterrupted service of an employee from the date of his/her latest appointment to the present. Continuous service shall be broken through death, discharge, resignation, retirement, or layoffs exceeding twelve (12) months duration without the employee having been reinstated. Continuous service shall be interrupted through a leave of absence or suspension without pay exceeding ten (10) work days. 1.12 Days: Calendar days, unless otherwise indicated. 1.13 Demotion: The movement of an employee from one class to another class having a lower maximum rate of pay. 1.14 Eligible: A person whose name is on an open competitive or promotional eligible list. 2 138 1.15 Eligible List: Open Eligible List: A list of names of persons who have taken and qualified in an open competitive examination for a position subject to the merit and fitness provision of Chapter 2.52 of the Personnel Code. Promotional Eligible List: A list of names of persons who have taken and qualified in a promotional examination for a position subject to the merit and fitness provision of Chapter 2.52 of the Personnel Code. 1.16 Employee Organization: An organization recognized in accordance with the provisions of Chapter 2.52 et seq. of the Personnel Code. 1.17 Grievance: A good faith dispute or difference of opinion raised by an employee involving the meaning, interpretation, or application of the expressed provisions of a Memorandum of Understanding, city policy, or existing work rules concerning a matter within the scope of representation. 1.18 Examination: Open Competitive Examination: The testing process for a particular class which is open to all persons meeting the requirements for the position. Promotional Examination: The testing process for a particular class, admission to the examination being limited to employees with regular status who meet the requirements for the position. Continuous Examination: The testing process announced on an open competitive basis administered periodically resulting in the placement of names, in order of final scores, on an employment list for a period of one year. 1.19 Exclusive Representative: An employee organization, or its duly authorized representative, that has been granted formal recognition by the municipal employee relations officer following a secret ballot election as representing the employees in an appropriate unit. 1.20 Exempt Positions: Personnel Code Exemptions: Executive Assistant The City Manager, City Attorney, Department Directors, Secretary Legal Services Manager to the City Manager, Secretary to the City Attorney, and employees serving under appointments of provisional, exempt, temporary, or emergency status, are not subject to the merit and fitness provisions of the Personnel Code. 3 139 Fair Labor Standards Act (FLSA) Exemptions: Executive, Administrative, and Professional employees designated exempt under the FLSA. (29 CFR 541.1 - 541.3 et seq) ££ 1.21 Fiscal Year: July 1 through June 30. 1.22 Human Resources Director: The City Manager or his designated representative. 1.23 Injury Leave: Leave arising out of and in the course of employment as defined by Workers 1.24 In-Service Training: Any class, seminar, workshop, training course or conference participated in by an employee while working for the city. 1.25 Layoff: Separation from employment due to lack of work or lack of funds. 1.26 Management Classifications: Management classes as defined in City Resolution No. 9901. 1.27 Merit Salary Increases: Advancement through the steps of a salary range, based on satisfactory job performance, at specified time intervals. 1.28 Municipal Employee Relations Officer: The City Manager or his duly authorized representative. 1.29 Normal Workweek: A normal workweek is defined as 40 hours of work in seven working days unless modified by the Department head. 1.30 Personnel Code: Chapter 2.52 of the Municipal Code. 1.31 Probationary Period: The final component of the selection process involving a 12 month working test during which an employee is required to demonstrate fitness for the assigned position by actual performance of the duties of the position. 1.32 Promotion: The movement of an employee from one class to another class having a higher maximum pay rate. 1.33 Provisional Appointment: An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the absence of an eligible list and is limited to one hundred and eighty (180) calendar days of employment. 1.34 Recall: Re-employment of a person laid off from employment as a result of a lack of work or lack of funds. 4 140 1.35 Reclassification: Allocation by the City Manager of an individual position to another more appropriate classification, whether new or already created. 1.36 Regular Employee: An employee who has successfully completed the probationary period. 1.37 RegularPart-time Employee: An employee appointed in a part time basis to an authorized position with pro-rated benefits who has successfully completed the probationary period. 1.38 Reinstatement: The reemployment without examination of a former regular employee who resigned in good standing and is eligible for reinstatement to their former class pursuant to the provisions of a memorandum of understanding. 1.39 Review Date: See Section 1.3 Anniversary Date 1.40 Seniority City Seniority: The length of continuous service by an exempt or regular employee. Classification Seniority: The length of continuous service in a classification by an exempt or regularemployee. 1.41 Suspension: The temporary separation from employment without pay, of an employee for disciplinary purposes. 1.42 Temporary Employee anticipated to be of a temporary or intermittent nature either on a full-time or part-time basis. Such appointments are based on an hourly rate of pay when less than full-time and do not include benefits except as prescribed by law and may not work more than 1,000 hours per fiscal year. 1.43 Total Compensation: The total remuneration, including salary, applicable economic employee benefits, and working conditions received by the employee from the city. 1.44 Transfer: A change of an employee from one position to another in the same class or in a comparable class. 1.45 Working Days: Days the City offices are open for business SECTION 2 GENERAL ADMINISTRATION 2.1 Purpose 5 141 The purpose of these Rules shall be to provide the basis of a merit system by which the personnel program shall be administered. These Rules shall also provide the basis of common understanding between the supervisors and employees as to terms and conditions of employment insofar as they are not superseded by a formally adopted Memorandum of Understanding pursuant to the provisions of Chapter 2.52 of the Personnel Code, Section 2.52.280 Employer-Employee Relations. 2.2 Policy The policy under which these Rules shall be administered is to provide for fairness both to the employee and the city and for consistency and uniformity in the administration of the Personnel Program. 2.3 Administration The administration of these Rules is hereby vested in the Human Resources Director subject to administrative policies as set forth by the City Manager. 2.4 Interpretation Any interpretation, definition or meaning of any provision, term or condition contained herein shall be as set forth in writing by the Human Resources Director whose interpretations, definition or meaning shall be considered as supplemental hereto. 2.5 Coverage All officers, employees and positions shall be subject to these Rules except for those officers, employees and positions specifically enumerated herein below. a. All Elected Officers b. City Manager c. City Attorney d. Chairmen and members of appointed boards, commission and committees e. Part-time, temporary, and seasonal employees. 2.6 Repeal of Existing Rules All existing Rules and other policies currently or heretofore in effect relating to those terms and conditions of employment as provided for herein are hereby rescinded and repealed. 2.7 Amendments to Rules Amendments to and modifications of these Rules shall be as set forth in the Personnel Code. 2.8 Effective Date These Rules shall be filed with the City Clerk on adoption by the City Council and shall become effective immediately thereafter. 6 142 SECTION 3 GENERAL PROVISIONS 3.1 Fair Employment Practices No question in any test, application form, or in any other personnel proceeding shall be so framed as to attempt to elicit information concerning race, religious creed, color, national origin, ancestry, mental, or physical disability, medical condition, marital status, sex, age, or sexual orientation, unless required for compliance, with any federal or state law or regulation regarding equal opportunity in employment. No appointment to or removal from a position in the competitive service shall be affected or influenced in any manner religion, color, sex (including gendergender identity, gender by any consideration of, expression, and pregnancy), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition, genetic information and genetic characteristics, and physical or mental disabilityor any other protected classification under the law, except that the City may inquire whether the applicant can perform race, religious creed, color, national origin, ancestry, mental or physical disability, medical condition, marital status, sex, age, or sexual orientation unless such physical or mental disability precludes the performance of the an essential job function with or without reasonable accommodation. 3.2 Violation of Rules Violation of the provisions of these Rules may be grounds for disciplinary action or removal from an eligible list. SECTION 4 CLASSIFICATION PLAN 4.1 Preparation of Plan The Human Resources Director shall ascertain and record the duties and responsibilities of all positions and, after consulting with the Appointing Authority and heads of departments affected, shall recommend a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specification including the title. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under like working conditions to all positions in the same class. 4.2 Adoption and Revision of Plan The classification plan shall be adopted and may be amended from time to time by resolution of the City Council. 4.3 Allocation of Positions Following the adoption of the classification plan, the Human Resources Director shall allocate every regular position to one of the classes established by the plan. Allocation 7 143 factors directly relate to duties, responsibilities, and minimum qualifications, and do not include the amount of work performed or other factors related to compensation. 4.4 New Positions When a new position is created, before it may be filled, the Appointing Authority shall notify the Human Resources Director and except as otherwise provided by these rules, no person shall be appointed or employed to fill any such position until the classification plan has been amended as necessary to provide therefore and an eligible list established for such position. 4.5 Reclassification Positions, the duties of which have changed materially so as to necessitate reclassification, shall be allocated by the Human Resources Director to a more appropriate class, whether new or already created. SECTION 5 RECRUITMENT 5.1 Announcement Notices All examinations for regular positions shall be publicized by posting announcements on official bulletin boards and by such other methods as the Human Resources Director deems advisable. Special recruitment shall be conducted, if necessary, to insure that all segments of the community are aware of forthcoming examinations. The announcement shall specify the title and pay of the position for which the examination is announced; the nature of the work to be performed; typical duties; qualification requirements for the position; the manner of making application, components of the testing process, and any other pertinent information. Certified copies of college transcripts, motor vehicle driver records, and other documents required during the application process will be identified in the announcement notice. 5.2 Request for Application Forms Applications will only be provided during the period set forth in the announcement notice. Internal lists of subsequent job openings will not be maintained. 5.3 Application Forms Completed applications are required for all open and promotional examinations. All applications must be signed by the person applying. Resumes are not accepted in lieu of completed applications. 5.4 Disqualification The Human Resources Director shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications shall be rejected if the applicant is physically unfit for the performance of duties of the position; is addicted to the habitual excessive use of drugs or intoxicating liquor; has been convicted of a crime involving moral turpitude; has made any false statement of any material fact, or practiced any deception or fraud in the application. 8 144 Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by the Human Resources Director. Defective applications may be returned to the applicant with notice to amend the same providing the time limit for receiving applications has not expired. 5.5 Disqualification - Nepotism It is the policy of the City of Cupertino to remain free from nepotism while not discriminating against the applicant. The following provisions apply: a. Members of the immediate family of City Councilmembers may not be employed by the city dur b. Members of an immediate family may not be employed simultaneously by the city in positions where family influence and/or relationship might affect supervision, safety, security, or morale in a manner detrimental to the conduct of city business, or where such relationships may result in conflicts of interest. c. domestic partner, parents, siblings, children, grandparents, grandson or granddaughter grandchildren, step children, mother-in-law, father-in-law. 5.6 Receipt of Applications Applications must be received by the final filing date as set forth in the announcement notice. Applications received through facsimile (fax) transmission by the final filing date are acceptable on the condition that the original application is received by 5:00 p.m. on no later than by 5:00 p.m. one the first business day of the city of the following week. week following the closing date. SECTION 6 EXAMINATIONS 6.1 Nature and Type of Examinations The selection technique used in the examination process shall be job related and designed to fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the position to which they seek to be appointed as determined by the Human Resources Director. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, written tests, personal interviews, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical examinations, or any combination of these or other tests. The probationary period shall be considered as an extension of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the classification, covering only factors related to such requirements. 9 145 6.2 Promotional Examinations Promotional examinations may be conducted whenever, in the opinion of the Human Resources Director after consultation with the respective Department Head, the needs of the service are required. Promotional examinations may include any of the selection techniques identified in Section 6.1 of these rules, or any combination thereof. All current employees in good standing who satisfy requirements set forth in the promotional examination announcement may compete in such an examination. 6.3 Continuous Examinations Open competitive examinations may be administered periodically for a single class as the needs of the city require. Names shall be placed on eligible lists in order of final score and shall remain on such lists for a period of up to one year. 6.4 Scoring Examinations and Qualifying Scores ed on his/her scores in each competitive part of the examination, weighted as shown in the examination announcement. Failure in one part of the examination may be grounds for declaring such candidate as failing in the entire examination or as disqualified for subsequent parts of an examination. The Human Resources Director may, at his/her discretion, include as a part of the examination tests which are qualifying only. 6.5 Notification of Examination Results Candidates in an examination shall be given written notice of whether they were successful in the examination process. If successful they shall be placed on an eligible list. SECTION 7 ELIGIBLE LISTS 7.1 Eligible Lists After the completion of an examination the names of successful applicants shall be placed on an eligible list from which appointments shall be made. 7.2 Duration of Eligible Lists Eligible lists shall remain in effect for three months unless exhausted sooner or abolished by the Human Resources Director. Eligible lists may be extended for up to one year by action of the Human Resources Director. 7.3 Placement on the Eligible List Eligible persons shall be placed on an eligible list by: (1) rank in order of final score after all components of the selection process, (2) by alphabetical placement in a category (superior, good, average) as determined by final score, or (3) by alphabetical assignment on the eligible list. The Human Resources Director shall determine the type of eligible list after the testing process is completed for each examination. 10 146 7.4 Certification The number of eligible applicants certified for the employment interviews shall be determined consistent with the method of placement on the eligible list as set forth below. Method of Placement Certification Final Score Rule of Three Category Rule of Rank Alphabetical Rule of List 7.5 Order of Certification The Human Resources Director shall certify the names of persons eligible for appointment in the following order: a. Recall Lists b. Request for transfer or demotion c. Reinstatement Lists d. Promotional Lists e. Open Eligible Lists 7.6 Removal of Names from Eligible Lists The name of any person appearing on an eligible list shall be removed by the Human Resources Director upon receipt of a request in writing to do so, if the person fails to respond to a notice of certification mailed to his/her last known address, or if the person has been certified for appointment three times and has not been appointed. The person affected shall be notified of the removal of his/her name by a notice to the last known address. The names of persons on promotional eligible lists who resign from city service shall automatically be removed upon termination of employment. 7.7 Replacing an Eligible List If there are fewer than three persons on an eligible list available for employment, the Human Resources Director may abolish said eligible list and notify each person on the eligible list. SECTION 8 APPOINTMENTS 8.1 Type of Appointments All vacancies shall be filled by recall, transfer, demotion, reinstatement, or from an eligible list certified by the Human Resources Director. In the absence of eligible lists, provisional appointments may be made consistent with the provisions of these rules. Appointments fall into the following categories: a. Regular Full-Time: Appointment on a full-time basis to an authorized position. 11 147 b. Regular Part-Time: Appointment on a part-time basis to an authorized position with partial benefits. c. of a temporary or intermittent nature, either on a full-time or part-time basis. Less than full-time appointments are based on an hourly rate of pay and do not include benefits except as prescribed by law. No special credit or consideration for service shall be given to a temporary appointee in qualifying for a regular appointment. d. Provisional: In the absence of appropriate eligible lists, a provisional appointment may be made by the Appointing Authority of a person meeting the minimum training and experience qualifications for the position. An eligible list shall be established within six months for any regular position filled by provisional appointment. No special credit or consideration for service shall be given to a provisional appointee in qualifying for a regular appointment. e. Exempt: All employees occupying positions as described in Section 1.20 herein. f. Limited Term (CEA and Unrepresented only): The City Manager may make a limited term appointment when services are required for a specified period of time or for a specific project. Limited term appointments include but are not limited to: a. Positions that have no long range funding or for which funding is uncertain. b. A specific period of time not to exceed two (2) years, or for the life of a specific project where the funding source will exceed two (2) years but will cease at the end of the project. All limited term employees are subject to the same terms and conditions of employment that apply to regular full-time employees, except as provided in this section. Limited term appointments shall be made from current employment eligibility lists. Limited term employees shall expire at the end of the specified term or conclusion of the specified project unless terminated earlier. Upon expiration or termination of the limited term appointment, the appointee shall have not further right to continued employment with the City. The City Manager shall have the authority to terminate a limited term appointment at any time when funds are no longer available, or when the project workload is complete. A limited term employee holds employment at will and may be released without cause and without right of appeal. 8.2 Position Requisitions Whenever a vacancy is to be filled, the department in which the vacancy exists shall personnel complete a position requisition form and submit it to the Human Resources Director after approval by the City Manager. 12 148 8.3 Order of Employment Positions shall be filled by any persons on a recall list in order of seniority. Positions may be filled by a transfer, demotion, or reinstatement. If three or more persons are on a promotional eligible list and willing to accept the position, an appointment shall be made. If three or more persons are on an open eligible list and willing to accept the position, an appointment shall be made if the position is to be filled while the eligible list is active. SECTION 9 PROBATIONARY PERIOD 9.1 Objective of Probationary Period The probationary period shall be considered a part of the testing process for appointments to regularfull time work and for securing the most effective adjustment of a new employee in the new position. 9.2 Extension of Probationary Period If a probationary employee is off work, for any reason, for four consecutive weeks or e extended for the period of his/her absence. 9.3 Rejection during Probationary Period During the probationary period, an employee may be rejected at any time by the Department Head without cause and without right of appeal. Notice of rejection shall be served in writing to the probationer, indicating that the employee has failed to satisfactorily complete the probationary period. SECTION 10 PERFORMANCE EVALUATIONS 10.1 Evaluation of Employee Performance It is the responsibility of Department Heads and/or supervisors to prepare periodic performance. Strengths and weaknesses will be documented and recommended courses of action outlined for correction and improvement. The purpose of periodic performance evaluations is to provide continuing feedback to employees concerning performance. The performance evaluations shall measure, as objectively as possible, both quantity and quality of work, the manner in which the service is rendered, and the observance of regulations and procedures properly governing the performance of duties. 10.2 Performance Evaluation Forms Performance evaluations shall be based upon forms approved by the Human Resources Director. Service ratings shall be based upon the independent judgment of one or more supervisory personnel, including the immediate supervisor of the employee being rated. Performance evaluation forms will be provided 30 days prior to the date scheduled to be returned to the Human Resources Director. The completed performance report shall be 13 149 presented to the employee for review and signature, and then forwarded to the Human Resources Director. 10.3 Annual Evaluations - Merit Increases Performance ratings shall accompany all requests for merit increases. Employees at the y date in the classification, or a modified date agreed upon by the Department Head and Human Resources Director. 10.4 Probationary Period Performance evaluations shall be completed every three months during the probationary period. 10.5 Non-timely Evaluations - Merit Increase If a performance evaluation is not submitted prior to a scheduled merit increase, the employee will automatically advance to the next higher salary step. 10.6 Performance Evaluations - Disagreement Employees shall have the right to attach a statement disagreeing with the performance ratings received. The statement will be filed with the performance evaluation. SECTION 11 STATUS CHANGES 11.1 Transfer No person shall be transferred to a position for which he/she does not possess the minimum qualifications. Upon approval by the Human Resources Director, an employee may be transferred by the Department Head at any time from one position to another in the same class. If the transfer involves a change from one department to another, both Department Heads must approve. 11.2 Demotion Upon request of the employee, and with the consent of the Department Head, demotion may be made to a vacant position. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. 11.3 Suspension A Department Head may, after review with the Human Resources Director, suspend an employee from his position at any time for a disciplinary purpose. All suspensions shall be consistent with the provisions of Memoranda of Understanding and Administrative Procedures. 11.4 Reinstatement With the approval of the Department Head, a regular or probationary employee who has resigned with a record of satisfactory service may be reinstated within two years of the effective date of resignation to a vacant position in the same class. Upon reinstatement, 14 150 former service credit with the city shall be restored for the purpose of determining benefit accruals. Sick leave hours will not be restored and for all other purposes the employee shall be considered as though he/she had received an original appointment. SECTION 12 ATTENDANCE AND LEAVES OF ABSENCE 12.1 Hours of Work A normal workweek shall be 40 hours of work in seven days with two consecutive days off. Alternative Work Schedule (AWS) may be considered, including 9/80 and 4/10, but must be approved in advance by the Department Head. The City reserves the right to rescind such approvals if the AWS results in an undue burden to the City. 12.2 Holidays The holidays to be observed are as follows: a. b. Martin Luther King Day c. d. Memorial Day e. Independence Day f. Labor Day g. h. Thanksgiving Day i. Friday Following Thanksgiving Day j. Christmas Eve k. Christmas Day l. Holidays falling on a Saturday will be observed on the preceding Friday and holidays falling on a Sunday will be observed on the following Monday. 12.2.1 Floating Holidays In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of not less than one (1) hour. Floating holiday leave shall be earned at the rate of .77 hours per pay period. Holiday leave may be accumulated up to 40 hours. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 12.2.2 Rescheduled Work Assignments Nothing contained herein shall preclude the right of the Department Head with the approval of the City Manager to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 15 151 12.2.3 Unusual Work Hours Employees whose normal work day is at variance with the normal work hours specified in Section 12.1 of these rules will be compensated for the additional work hours required. 12.2.4 Holiday Pay In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, sick leave, or approved short term leave of absence, with pay, shall be considered as working their regular schedule for pay purposes. 12.3 Vacation Accrual All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credits. Accrued vacation may be taken with the prior approval of the supervisor. Vacation leave must be taken in no less than one (1) hour increments. Vacation hours shall be accrued in accordance to the following table: YS HADY EARS OF ERVICEOURS CCRUAL AYS PER EAR PPP ER AY ERIOD 0-3 3.08 10 4-9 4.62 15 10-14 5.24 17 15-19 6.16 20 20+ 6.77 22 An employee may accrue vacation hours up to two times the annual hours being earned. On termination of employment an employee shall be compensated for all earned but unused vacation accrued at the time of termination. Unused vacation may not be used to extend the final employment date. The accrual of vacation credits for those employees whose normal work week is of not less than one-half (1/2) time shall be prorated according to the time of the recurring work assignment as to the normal work week. 12.3.1 Vacation Sellback Employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions: a) The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 16 152 b) Any payments made for accrued vacation hours will be subject to taxes as determined by law. c) Minimum exchange will be one day. Maximum exchange will be ten days. All exchanges are irrevocable. d) A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. 12.4 Sick Leave hired before October 17, 2012( All full time employees, other than those holding ) temporary status, shall earn eight (8) hours per month sick leave time without limit on All full time employees hired on or after October 17, 2012, shall earn accumulation. eight (8) hours per months of sick time but may accrue no more than 240 hours of sick leave time. and Those regularemployees working less than full time (at least 20 hours per week) shall earn a prorated amount of sick leave based on their regular hours worked in relation to 40 hours. Employees absent without pay for any reason for more than forty (40) hours during a pay period shall not earn sick leave benefits for that month. Sick leave may be utiliz pregnancy disability maternity, or sickness or injury in the immediate family as defined below . The City of Cupertino will be in compliance with State and Federal Family Leave Laws. In addition to those family members listed in the Kin Care Laws ( immediate family consists of the following: Children, step-children, spouse/domestic partner, parents, mother-in-law, father-in-law) the City agrees to expand those members , to include siblings, grandparents and grandchildren. Employees shall, whenever possible, make appointments for medical, dental, and similar purposes during non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. Accrued sick leave hours are not vested under California statutory law. 12.4.1 Sick Leave Conversion Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basisremaining sick leave balance is 40 hours or more The maximum allowable exchange will be 96 hours of sick . time for 48 hours of vacation leave per calendar year. Minimum exchange will be 8 An employee hired on or after October 17, hours sick leave for 4 hours of vacation. 2012, may borrow up to 80 hours of sick leave, subject to Department Head approval. The employee will be required to repay this advance either in sick leave sick leave advance policy. 17 153 If the employee separates employment prior to repayment of the full balance due, the amount will be deducted from their final paycheck. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to- one basis with a maximum of 48 hours and a minimum of 4 hours and may convert up to an additional 32 hours on the basis of one hour of sick leave to 0.7 hour of vacation leave. The conversion of sick leave in excess of 320 hours to vacation leave as described herein is limited to no more than a total of 80 hours per calendar year. 12.4.2 Conditions - Sick Leave Hours Conversion to Vacation a) All requests to exchange sick leave for vacation time shall be submitted in writing to the Department Head at least sixty (60), fourteen (14) or thirty (30) calendar days prior to intended utilization for OE3, CEA and unrepresented /City Attorney respectively. b) At least one-half of the vacation accrued during the previous twelve months must have been taken. 12.4.3 Conditions - Vacation Hours Conversion to Sick Leave a. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted to use the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. b. If an employee, after converting sick leave to vacation time, exhausts all of his/her remaining sick leave due to injury or illness, he/she may make a written request to * the Department Head to re-convert vacation time to sick leave on a reverse ratio basis. Approval will be subject to an assessment by the Department Head. 12.4.4 Personal Leave Employees represented by the Operating Engineers Union Local No. 3 (Public Works Unit) the city shall allow accumulated sick leave to be used for conducting personal business that cannot be conducted outside regular working hours. Personal leave is not a benefit to other employees. * time the initial exchange was implemented. 18 154 12.4.5 Sick Leave Verification A Department Head or supervisor may require employees to furnish reasonable leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also If it appears thatan employee is abusing sick leave or isusingsick leave excessively, the employee will be counseled that the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. 12.5 Incentive Compensation 12.5.1 Hourly Value For all employees, at the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee multiplied by the total number of non-vested hours. 12.5.2 Retirement If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for up to eight-five percent (85%) of the value of the incentive compensation bank. 12.5.3 Resignation If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for up to seventy percent (70%) of the value of the incentive compensation bank. 12.6 Bereavement Leave up to Employees shall be granted paid bereavement leave of 24 hours upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, , wife, husband, domestic partnerchild, stepchild, grandparent, grandchildren, mother-in- up to law and father-in-law. Additional bereavement leave of 16 hours will be granted for travel out of state or over 200 miles. 12.7 Absence Notification An employee is not expected to be absent from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee, who for any reason fails to report for work must immediately notify his/her supervisor of the reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged. to return to work. The certification and release must be provided at the time of return to work. 19 155 period. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will be grounds for disciplinary action up to and including dismissalby the Department Head. In the absence of such disciplinary action, any employee who is absent for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the Department Head by approving leave with or without pay when extenuating circumstances are found to have existed. 12.8 Military Leave Military leave shall be granted in accordance with the provisions of California statutory law. All employees entitled to military leave shall give their supervisor an opportunity, within the limits of the military requirement, to determine when such leave shall be taken. 12.9 Jury Duty Employees called for jury duty shall be paid for regular work time upon receipt by the Human Resources Director of confirmation that the employee reported to jury duty by the Jury Commissioner. 12.10 Temporary Disability Benefits Any employee sustaining an injury arising out of, or in the course of, the performance of his job and who cannot perform the duties and responsibilities normally assigned to that job is entitled to receive temporary disability payments as prescribed by California statutory law. Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the or weekly earning capacity by use of accrued sick leave hours. 12.11 Pregnancy Disability Leave A pregnant employee is entitled up to four (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery there from. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave. The city will pay health and welfare benefits at the same rate as prior to the leave until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. An employee disabled by pregnancy is eligible for up to four months of unpaid pregnancy disability leave (PDL) as defined by law. This leave is to be used when the employee is disabled due to pregnancy or child birth or related medical 20 156 condition, including, but not limited to, morning sickness, pregnancy complications and prenatal appointments. Accrued sick leave may be used during the leave, and the employee has the option to use accrued vacation, floating holidays and/or compensatory time in order to receive pay during the leave. If the employee is also eligible for leave under the Federal Family Medical Leave Act (FMLA), the leave the employee takes for pregnancy disability will be run concurrently with the eligible for health insurance benefits (medical, dental and vision) will continue to receive such benefits during the period of the PDL leave up to four months as defined by law per 12 month period. After PDL and FMLA leave, if applicable, expires and if the employee is on unpaid status or the employee has less than 20 hours per week on their timesheet, the employee may elect t The employee will be accruing sick leave, floating holiday and vacation leave during the to less than 40 hours per week, however of paid status leave, vacation leave, floating holiday) will be prorated and be adjusted accordingly. Sick leave, floating holiday and vacation leave do not continue to accrue during any period the employee is on unpaid status. Under the California Family Rights Act (CFRA) eligible employees are entitled up to 12 additional weeks of leave to bond with the baby. To be eligible for the CFRA bonding leave, employee must have been employed by the City for at least one year and have worked at least 1250 hours during the year preceding the leave. This leave is unpaid, but the employee may use floating holiday, compensatory time and vacation leave in order to receive pay during the leave. The be used within one year of the birth of the baby. See Part II, section 5 of the City handbook concerning CFRA leave. An employee who plans to take PDL must give a reasonable notice (not less than 4 weeks if anticipated, or as soon as possible if the leave is unforeseen) before the date she expects to take the leave. As with all other employees returning from medical leave, employees returning from a PDL leave of at least 3 note clearing them to return to work. If an employee requires reasonable accommodations as a result of pregnancy, she should consult with Human Resources. Employees disabled by pregnancy and employees on leave to bond with a baby may be eligible for benefits under State Disability Insurance. Additional information is available at www.edd.ca.gov/Disability Insurance and from Human Resources. 21 157 12.12 Adoption Leave Upon request, a leave of absence without pay for up to four (4) work weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave. The City will pay health and welfare benefits at the same rate as prior to the leave. Such leave must be used within one year of the adoption. The City will pay health and welfare benefits for the duration of the leave at the same rate as prior to the leave. f I the employee is eligible for FMLA/CFRA (employed by the City for at least one year and worked at least 1250 hours during the year preceding the leave), s/he may be eligible for up to 12 work weeks total (the above four work weeks plus an additional 8 work weeks) for bonding with the adopted child during the year after adoption. The employee may be eligible for health benefits during the 12 work week period at the same rate as prior to the leave. See Part II, Section 5 for further details concerning FMLA/CFRA leave. During adoption leave, leave used by Aaccrued vacation and sick leave paymay be the employee at his or her option in order to receive pay for the leave. Sick leave may only be used during the leave in the event of illness or medical appointments of the adopted child during the leave , taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. 12.13 Catastrophic Leave a. The city will form a committee to establish a definition of catastrophic or life- threatening illness. This committee will evaluate each individual case when it is submitted to qualify to receive financial assistance. The only limitation is that the employee must be the one facing the illness. The committee has the right to ask the applicant to submit further documentation from their treating physician to b. All benefited employees who have passed initial probation with the city will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. An employee or their representative must complete a prescribed application form together with supporting medical documentation and submit it to the Human Resources Director when applying for funds. c. A recipient must have used all of their available leave hours before he/she is eligible. d. The maximum amount is two months (LTD becomes available at this time). e. Vacation leave and compensatory time off are the only leave of absence hours that may be donated. An employee may not donate vacation leave hours which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. Upon 22 158 retirement or resignation, an employee can contribute up to 10 hours of sick leave provided that the employee has a minimum of 320 hours of sick leave, which has previously become vested. f. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave balance which is the equivalent of 40 hours of the average hourly rate of full-time regular employment. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. If the bank is depleted, a transfer drive may be held at the request of the committee. g. Donated leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Checks will be issued to the recipient with the regular payroll which will keep the individual in an active employment mode with the city. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. No employee shall receive payment for more than 100% of their regular pay. 12.14 Attendance Employees shall be expected to perform their given work assignments until the end of that work period. An employee who is not able to do so shall notify his/her supervisor of that fact at the earliest possible time after that fact is known to him/her. Abuse of attendance requirements may be grounds for appropriate disciplinary action. 12.14.1Attendance Records Attendance records shall be maintained for each employee and shall form the basis for payroll and accounting requirements. SECTION 13 OVERTIME 13.1 Overtime Pay Overtime pay shall be made when an employee is authorized to work in excess of forty hours during the normal work week. 13.2 Non-Exempt Overtime All approved work performed by employees in excess of 40 hours in a seven day work week, shall be paid at the overtime rate of one and one-half ( 1 ½ ) times the normal hourly rate. 13.3 Exempt Employees Management and unrepresented professional employees designated exempt under the Fair Labor Standards Act are ineligible for overtime payment. However, no deduction from leave balances are made when such employee is absent from work less than a regular working day. 23 159 13.4 Stand-by-Pay Employees who are required to make themselves available to be called back to work outside the normal work period shall be compensated for such stand-by assignment at the rate set forth in memoranda of understanding for each week so assigned. SECTION 14 TERMINATIONS AND RE-EMPLOYMENT 14.1 Resignations Resignations are deemed accepted and irrevocable once presented in writing to an ead. 14.2 Layoffs Layoffs may be made by the Appointing Authority for lack of funds, lack of work or other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the least disruption of service to the city and shall be in compliance with applicable law and MOU provisions. The city will provide a minimum of thirty (30) days notice to any employee subject to being laid off unless prevented from 14.3 Reemployment The names of employees affected by layoff shall be placed on a recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reemployment. Failure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. 14.4 Reinstatement With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good work record or an employee recalled from a list resulting from a layoff may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement the employee, for all purposes, shall be considered as though they had received an original appointment. SECTION 15 DISCIPLINE 15.1 Policy It shall be the policy of the City of Cupertino to establish consistency in procedures relating to employee discipline. 15.2 Procedure The Human Resources Director shall be contacted whenever a supervisor has reason to believe that an employee has violated a rule of conduct or other policy, procedure, practice, or regulation, whether formal or informal, resulting in a cause for disciplinary action. The determination of corrective action, if any, will be made after an investigation with department management of the alleged violation. 24 160 If a determination is made that corrective action is necessary, the Human Resources Director will prepare the necessary correspondence and review with the Department Head. The City Manager shall be advised of any disciplinary action. A pre-disciplinary meeting (Skelly) will generally precede a proposed disciplinary action involving a loss or reduction of pay. 15.3 Forms of Disciplinary Action The following forms of disciplinary action are listed in order of the least severe (verbal reprimand) to the most severe (discharge). a. Verbal Reprimand - is considered informal discipline with the purpose of notifying the employee that his/her performance or behavior must be improved. This verbal warning defines the area in which improvement is required, sets up goals and/or objectives leading to this improvement and informs the employee that failure to improve will result in more serious disciplinary action. The verbal reprimand is the first official step of disciplinary action. It is designed to address minor infractions of rules and practices. It is, in effect, a statement to the employee that he/she has (1) violated a rule or work practice that he/she should have been aware of, and (2) that he/she will be expected to abide by all such rules or practices in the future. b. Written Reprimand - is an official record of discipline, usually issued after a previous verbal reprimand. The employee is advised that his/her behavior is seriously below standard and that continuation or repetition of that behavior shall result in more rules of conduct or causes for disciplinary action. The written reprimand is considered the first formal step in the disciplinary procedure. c. Suspension - is an ordered absence from duty without pay for a prescribed period of time. An employee may be suspended without pay for up to thirty (30) calendar days. A suspension without pay is a serious action by management involving loss of pay and possibly supplemental benefits (depending on length of suspension). An employee generally receives less severe discipline prior to a suspension. d. Reduction in Pay - is a temporary reduction in salary to a lower salary step for a specified period of time. The employee does not have stoppage of income and may be able to have the reduction lifted by good performance. The department does not lose the services of this employee. As with suspension, an individual should have been warned or reprimanded prior to taking this action. e. Demotion - is a permanent change in classification of an employee to a position of lower responsibility and pay for unsatisfactory performance or disciplinary reasons. If a demotion is recommended: 25 161 1) The letter of demotion should be specific as to the reason(s) for the action; 2) specification for the position. f. Discharge - is the most severe form of disciplinary action. Removal from This action should only be taken when management is thoroughly satisfied that the employee has been given every reasonable opportunity to meet performance or behavior standards and clearly failed to do so. 15.4 Causes for Disciplinary Action Any of the following may be deemed sufficient cause for disciplinary action. The listing herein is not intended to be limiting. a. Unauthorized possession of city property property b. Willful abuse, damage, or defacing city property. c. Misuse of city materials, equipment, or property. d. Neglect of duty. e. Insubordination. f. Violation or disregard of published safety rules or common safety practices g. Sleeping on the job. h. Refusal or failure to perform work as assigned. i. Refusal or failure to follow a direct order of a supervisor. j. Loitering or willfully wasting time during working hours. k. Gross negligence that negatively affects the quality of service or finished product. l. Fighting on city property or during working hours. m. Gambling on city property. n. Possession of alcoholic beverages, illegal/unauthorized drugs, or being under the influence of intoxicating beverages/drugs on city property or during working hours. o. Illegal conduct. p. Unauthorized selling on city property or during working hours. q. Unauthorized possession of weapons. r. Falsifying pay or production records. s. Excessive absenteeism/tardiness. t. Absence without approved leave. u. Offensive treatment of the public or other employees. v. Fraud in securing employment. w. Dishonesty. x. Incompetence - the employee lacks adequate ability, knowledge, skill or fitness to perform the duties in a satisfactory manner, which is within the scope of employment. 26 162 y. Job abandonment. 15.5 Pre-disciplinary Proceedings Skelly decision provides a public employee with certain procedural protections before discipline which impacts pay or benefits may be imposed. Disciplinary action may be taken prior to Skelly under extraordinary or emergency circumstances. The following procedure satisfies the requirements of Skelly: a. The employee receives notice of maximum disciplinary action that may be imposed. b. The notice states the reasons for the proposed disciplinary action. c. The notice contains the charges upon which the proposed disciplinary action is based. d. The employee is allowed access to the materials upon which the proposed disciplinary action is based. e. The employee is afforded the right, either orally or in writing, or both, to respond to the proposed charges. 15.6 Notice Requirements The notice requirements of Skelly are as follows: a. The Skelly notice should be in writing. b. The letter should set a date, time, and place for the employee and/or his/her representative to respond to the charges if he/she elects to do so. The Skelly ten (10) meeting should be at least five (5) working days following the letter to provide the employee an opportunity to respond. The letter should also contain a request that the employee give notice if he/she elects to waive the right to respond orally. c. The letter should contain the maximum penalty which may be imposed. d. The reasons for the proposed disciplinary action must be set out in detail. The part of the Skelly letter setting out the misconduct with which the employee is charged must be factual so that any person reading the letter will be able to determine the exact misconduct charged. e. 15.4 herein. 27 163 f. The letter must advise the employee of his/her right to respond to the charges, either orally in writing, and that the employee has a right to have any documents upon which the charges are brought. g. The letter must advise the employee of his/her right to representation if he/she elects to do so. h. The letter should advise the employee that discipline may be imposed whether or not he/she responds to the charges. i. Copies of the Skelly letter should be sent to: (1) The City Manager (2) The Human Resources Director (3) ead (4) The employee 15.7 Skelly Meeting The Skelly meeting should be conducted as follows: a. The authority who may impose the discipline should chair the meeting. The person chairing the meeting should not have been involved in the initial decision to discipline. b. The meeting chairperson should establish that the employee has received the Skelly notice and understands the charges set forth therein. c. The chairperson should make available any documents which were considered in determining the proposed charges and disciplinary action. d. The employee or his/her representative should be given the opportunity to respond to the proposed charges. e. The employee or his/her representative should be given the opportunity to make final comments regarding the proposed action. f. The chairperson should close the meeting by indicating that he/she will consider all statements and/or documents which may have been presented prior to determining the final action. The person conducting the meeting will subsequently determine whether the charges have been established and the severity of the disciplinary action. 15.8 Action Letter The person conducting the meeting should promptly prepare a letter containing all of the following: 28 164 a. Factual findings. This part of the letter may, for charges which have been established, repeat the charges as set out in the Skelly notice letter. If a charge has not been established seriousness have been disclosed the letter should so state. b. The specific provision(s) of Section 15.4 of these rules which were violated. c. The discipline imposed may not exceed the maximum stated in the Skelly letter. d. A statement that the employee may appeal the action consistent with the provisions of respective memoranda of understanding or other city rule, regulation, or policy. 15.9 FLSA Exempt Employees Subsection 541.118(a)(5) of the Fair Labor Standards Act (FLSA) provides that pay deductions for disciplinary reasons may only be imposed if such penalties are imposed in good faith for infraction of safety rules of major significance. This provision has been interpreted by the U.S. Department of Labor (DOL) because the salary test has a general rule that an employee need not be paid in any workweek during which no work is performed. The form of discipline to be imposed for a violation of Section 15.4 of these rules will be determined based upon the circumstances of the particular case and will be implemented in a manner consistent with and authorized by state and federal law, including applicable provisions of the FLSA. Although suspensions of less than five working days are not permitted for other than safety rule infractions of major significance, consideration may vacation or holiday leave hours. SECTION 16 APPEALS AND HEARINGS 16.1 Form of Appeal All appeals to the Appointing Authority shall be in writing and shall be signed by the employee. 16.2 Filing of Appeal The filing of an appeal to the Appointing Authority shall be accomplished by the submission of the signed written document to the Human Resources Director who shall be responsible for the issuance of proper notifications. 16.3 Representation An employee submitting an appeal to the Appointing Authority may be represented by a person of his/her choosing or may elect to represent him/herself; provided, however, that when an employee is to be represented by another person the name of that person shall be 29 165 made known to the Appointing Authority at least three days prior to the scheduled hearing or meeting. Substitution of representation may only be as permitted by the Appointing Authority. 16.4 Who May Appeal Any employee subject to the merit and fitness provisions of Section 2.52.040 of the Municipal Code may file an appeal with the Appointing Authority as the final step of the appeal procedure, for suspensions exceeding thirty (30) days in any twelve (12) month period, or after notice of dismissal. Appeals from dismissal may be filed only by employees currently holding regular status at the time of dismissal. 16.5 Hearings on Appeals If deemed necessary, hearings may be held on appeals by the Appointing Authority. The conduct of such hearings shall be as determined necessary by the Appointing Authority to best evaluate each appeal on its merits. SECTION 17 GRIEVANCE PROCEDURE 17.1 Definition A grievance is a good faith dispute or difference of opinion of an employee involving the meaning, interpretation, or application of the express provisions of a Memorandum of Understanding, City Policy, or existing work rules, affecting the employee, concerning a matter within the scope of representation. 17.2 Step 1 An employee (grievant) who has a grievance shall bring it to the attention of his/her immediate supervisor within five (5) working days of the occurrence of the act which is the basis for the dispute. If the grievant and immediate supervisor are unable to resolve the matter within five (5) working days of the date it is raised, the grievant has the right to submit a formal grievance to his/her next higher supervisor. 17.3 Step 2 If the grievance is not settled at Step 1, the grievant may submit a written grievance to the next higher supervisor within five (5) working days after the answer in Step 1. The written grievance shall contain the following information: a. The name, job classification, and department of the grievant. b. c. A statement of the nature of the grievance including date and place of occurrence. d. The specific provision, policy, or procedure alleged to have been violated. e. The remedy sought by the grievant. f. If the grievant is not self-represented, the name of the individual or recognized employee organization designated to represent the grievant. g. Signature of grievant and date. 30 166 The supervisor or designee shall discuss the grievance within five (5) working days with the grievant and/or designated representative at a time mutually agreeable to the parties. If a settlement is not reached, a written answer to the grievance shall be provided within five (5) working days of the meeting. 17.4 Step 3 If the grievance is not settled at Step 2, the grievant may submit the grievance in writing ead, or, alternatively, if the Department Head responded at Step 2, to the City Manager within five (5) working days of the Step 2 written answer. The Department Head/City Manager shall discuss the grievance within five (5) working days with the grievant and/or designated representative at a time mutually agreeable to the parties. If a settlement is not reached, a written answer shall be provided within five (5) working days of the meeting. 17.5 Step 4 If the grievance is not settled at Step 3, the grievant may submit the grievance to advisory arbitration within 14 calendar days after receipt of the decision at Step 3. 17.6 Advisory Arbitration a. The parties shall attempt to agree upon an advisory arbitrator within five (5) working days after receipt of the notice of referral. In the event that the parties are unable to agree upon an advisory arbitrator within said five (5) day period, the parties shall jointly request the State Mediation and Conciliation Service to submit a panel of five (5) advisory arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Both the grievant/designated representative and the city shall have the right to strike two (2) names from the panel. The parties shall alternatively strike names until one remains. The person remaining shall be the advisory arbitrator. b. The advisory arbitrator shall be notified of his/her selection and shall be requested to set a time and place for the hearing, subject to the availability of the grievant/designated representative and the city representative. c. The city or the grievant/designated representative has the right to request the arbitrator to require the presence of witnesses or documents. The city and the grievant retain the right to employ legal counsel. d. The advisory arbitrator shall submit his/her recommendation in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties whichever is later. 31 167 e. More than one grievance may be submitted to the same advisory arbitrator if both parties mutually agree in writing. f. The fees and expenses of the advisory arbitrator and the cost of a written transcript shall be divided equally between the city and the grievant, provided, however, that each party shall be responsible for compensating its own representatives and witnesses. 17.7 Limitations on Authority of Advisory Arbitrator The advisory arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of the Memorandum of Understanding, city policies, or work rules. The advisory arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of the specific provisions of the applicable document. The advisory arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the second step. The advisory arbitrator shall have no authority to make a recommendation on any issue not so submitted or raised. The advisory arbitrator shall be without power to make recommendations contrary to or inconsistent with, in any way, applicable laws or rules and regulations of administrative bodies that have the force and effect of the law. The advisory arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the city under law and applicable court decisions. The recommendation shall be advisory only to the Appointing Authority. The Appointing Authority will make the final decision. 32 168 PII ART OP THER CITYWIDE OLICIES 33 169 SECTION 1 EQUAL OPPORTUNITY IN EMPLOYMENT In accordance with and in support of equal employment opportunity as specified under Title VII of the Civil Rights Act of 1964, as amended, it is the policy of the City Council of the City of Cupertino to provide all applicants for employment and all employees with equal opportunity in employment without regard to race, religious creed, color, national origin, ancestry, mental, or , religion, physical disability, medical condition, marital status, sex, age, or sexual orientation color, sex (including gender, gender identity, gender expression, and pregnancy), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, genetic information and genetic characteristics, and physical or mental disability or any other protected classification under the law except that the City may inquire whether the applicant can perform. . The City Council of the City of Cupertino hereby resolves as follows: That it is the responsibility of the City Manager to ensure that this equal employment opportunity policy is communicated to all present employees, prospective employees, recruitment sources, and the community. That every employee of the City of Cupertino is hereby directed to lend his and her support and cooperation in making equal employment opportunity an int personnel administration. SECTION 2 ALCOHOL AND DRUG ABUSE 2.1 Purpose The purpose of this policy is to comply with the Drug Free Work Place Act of 1988 as passed by Congress. HR5210 requires that all Federal grant recipients, including cities, established an anti-drug policy for the work place. HR5210 require the city to: a. Establish a drug free awareness program for employees. b. Provide a notice to all employees specifying that drugs are illegal in the work place and that action will be taken for violations. c. Make employment conditional upon compliance with this policy and require the employee to notify the employer within five working days of a conviction due to a drug related offense occurring in the workplace. d. Notify the applicable granting federal agency within ten days of an conviction due to a drug related offense occurring in the work place. e. Sanction employees for violation and/or require participation in a treatment program. 34 170 f. Make a good faith effort to maintain a drug free work place by following the above requirements. In addition to the fact that such requirements are established by law, a drug free policy is appropriate in that it helps ensure that employees are able to perform their duties safely and efficiently. While the City of Cupertino has no intention of intruding into the private lives of its employees, it does believe that involvement with drugs and alcohol can take its toll on job performance and employee safety. A key element of this policy is rehabilitation. Employees who believe they have a problem are urged to contact the Human Resources Division for referral to community resources and/or the Employee Assistance Program. The key focus of this policy is prevention through educating employees on the dangers of alcohol and drug abuse, and rehabilitation for those who have such problems. Any disciplinary actions will be evaluated on a case-by-case basis and shall be used as a last resort after rehabilitation efforts have failed. 2.2 Policy the course of city business, which shall include lunch time if the employee plans to return to work. Nor shall they possess alcohol or drugs while on city property, or at work locations, or in uniform, nor shall employees sell or provide drugs or alcohol to any employee or to any person while such employee is on duty. Nor shall any employee have their ability to work impaired as a result of the use of alcohol or drugs when reporting for work. While use of medically prescribed drugs is not a violation of this policy, failure by the employee to notify his or her supervisor before beginning work when taking drugs which foresee ably interferes with the effective performance of duties or operation of city equipment, can result in discipline up to and including termination. In the event there is a safely and effectively perform assigned duties while using such medication, clearance from a qualified physician may be required. Refusal to submit immediately to an alcohol and/or drug analysis when requested by city management or law enforcement personnel, as a result of reasonable suspicion, may constitute insubordination and may be grounds for discipline up to and including termination. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further city work and shall be detained for a reasonable time until he or she can be safely transported from the work site. Higher standards may be required based upon specific job requirements as determined by city management. 2.3 Application 35 171 This policy applies to all city employees. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair an ability to effectively and safely perform the functions of the job. 2.4 Employee Responsibilities An employee must: a. Not report to work while his or her ability to perform job duties is impaired due to alcohol or drug use. b. Not directly, or through a third party, sell or provide drugs or alcohol to any person, including any employee while either employee or both employees are on duty. c. Submit immediately to an alcohol and/or drug test when reasonable suspicion of alcohol and/or drug use exists on the job and when requested by a responsible city representative. d. Notify his or her supervisor before beginning work when taking any medications or drugs, prescription or non-prescription, which may forseeably interfere with the safe and effective performance of duties including operation of city equipment. e. Provide within 24 hours of request bonafide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen is positive. f. Notify the City of Cupertino within five working days after being convicted of any drug related offense. g. Notify the appropriate first-line supervisor upon observation of another city employee whose behavior and/or physical characteristics are reasonably suspicious and possibly harmful to himself/herself and/or others. 2.5 Management Responsibilities and Guidelines a. Directors and supervisors are responsible for understanding this policy and applying it without bias or prejudice. b. Directors and supervisors must avail themselves of training on the employe in handling the special problems of employees who suffer from alcohol or drug dependency. c. Directors and supervisors may request that an employee submit to a fitness- for- duty examination when there is reasonable suspicion that an employee is impaired, and is unable to perform the job duties required in a safe and efficient 36 172 manner. When doing so, the Director or supervisor is required to document, in writing, the facts and circumstances leading to the reasonable suspicion that the employee was impaired and could not perform safely on the job. (Note: First-line supervisors should consult with their supervisors, department directors and Human Resources Director, and a joint decision based on joint observation should be made as to whether or not the employee should undergo a fitness for duty medical examination.) d. When there is a reasonable suspicion that the employee is impaired, the Director or supervisor must attempt to detain the employee until the employee can be safely transported from the work place. If the employee refuses to submit to the fitness-for-duty examination, or attempts to leave before safe transport can be found, the Director or supervisor shall remind the employee of the requirements and disciplinary consequences of this policy. e. Directors and supervisors shall notify their department directors or designee, when there is reasonable suspicion that an employee may have illegal drugs in his or her possession. If the department director or designee concurs that there is reasonable suspicion of illegal drug possession, the department director shall notify the appropriate law enforcement agency. f. Directors and supervisors must use the reasonable suspicion standards in determining whether a fitness-for-duty examination is warranted. Examples of what could lead to a reasonable suspicion of impairment are: 1) slurred speech; 2) alcohol odor on breath; 3) unsteady walking and movement; 4) size of pupils and their reaction to light; 5) an accident involving city property; 6) verbal altercation; 7) unusual behavior; 8) possession of alcohol or drugs; and 9) information obtained from a reliable person with personal knowledge. The above is not an exclusive list. 2.6 Physical Examination and Drug Screening Procedures The drug and/or alcohol screening may test for any substance which could impair an orm the functions of his/her assigned job duties, including but not limited to prescription medications, heroin, cocaine, barbiturates, amphetamines, marijuana, and alcohol. The examination will be conducted by a licensed physician in a local medical facility. The drug testing will be conducted by a licensed toxicologist in a laboratory identified as having met all legal requirements for performing such tests. The initial type of screening to be performed can be either a blood or urine option. Positive results must be confirmed in accordance with federal regulations including prescribed test levels. 2.7 Fit-For-Duty Examinations a. A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to and including discharge. 37 173 b. If the drug screen is positive, the employee may provide, within 24-hours of request, bonafide verification of a valid current prescription for the drug identified in the drug screen. The prescription name. c. If an alcohol or drug test is positive, the supervisor or department director and the Human Resources Director determination as to the possibility of rehabilitation for the purpose of returning the employee to his or her assignment; or, after following rehabilitation, whether to reassign the employee or precede with disciplinary action, up to an including discharge. A positive test for an illegal drug will be considered impairing to the provisions of this policy will apply 2.8 Confidentiality Laboratory reports or test results shall not appea personnel folder. Information of this nature will be contained in a separate confidential medical folder and securely kept under the control of the Human Resources Director. Reports of test results may be disclosed to the Human Resources Director strictly on a need-to-know basis, and to the tested employee upon request. Disclosures without the employe occur when: a. The information is compelled by law or by judicial or administrative process. b. The information is to be used in administering an employee benefit plan. c. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 2.9 Appeal Process Fit-For-Duty Examinations: Employees whose tests results are positive, and who are consequently facing disciplinary action may appeal pursuant to the provisions of the Memorandum of Understanding and/or Personnel Rules. 2.10 Summary The city will conduct drug and alcohol awareness programs, presented by the Human Resources Division. These programs will include prevention and detection methods, with emphasis on maintaining a drug free work place. Additionally, printed material will be given to all employees explaining the dangers of alcohol and drug abuse. All employees will be given a copy of this policy. 38 174 SECTION 3 PROHIBITION AGAINST HARASSMENT, DISCRIMINATION & RETALIATION 3.1 Policy Statement The City of Cupertino is committed to providing a work environment in which employees are treated with respect and dignity. The City has zero tolerance for harassment, discrimination and retaliation by employees and non-employees be ita single act or multiple acts. The City prohibits all forms of harassment, discrimination and retaliation on the basis of protected classifications or activities that occur on the job or in the work site, including acts of employees and non-employees. Violations of this Zero Tolerance Policy will not be tolerated and perpetrators will be subject to sanction or disciplinary action up to and including discharge. All employees share in the responsibility of ensuring a working environment free of harassment, discrimination and retaliation as defined in this Policy. The City will respond promptly and effectively to reports of harassment, discrimination and retaliation. 3.2. Definitions religion, a. protected classificationsreligious creed sex (including gender, gender identity, gender expression, and pregnancy), , color, sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, pregnancy, age, medical condition, genetic information and genetic characteristics, and physical or mental disability or any other protected classification under the law except that the City may inquire whether the applicant can perform the essential job function with or without reasonable accommodation. national origin, ancestry, physical disability, mental disability, medical condition (meaning any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer or genetic characteristics), marital status, sex (including gender, pregnancy, childbirth or conditions related to childbirth), age (40 or over), or sexual orientation. bDiscrimination persons providing services pursuant to a contract or that are made on the basis of any one or more protected classifications, or that are based upon the perception that a person has a protected classification. c. Harassmentunwelcome, annoying, disturbing or tormenting conduct based upon either the fact or the perception that an applicant, employee, volunteer, or person providing services has a protected classification or is perceived to have a protected classification. To constitute harassment the conduct has the purpose, result or effect of offensive work environment. 39 175 d. Sexual harassment sexual favors and other verbal, visual or physical conduct of a sexual nature when such conduct is made explicitly or implicitly a term or condition of employment, is used as a basis for employment decisions, or has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment includes making a threat or insinuation that a lack of sexual favors will result in reprisal or the withholding of support. Sexual harassment includes same-sex conduct regardless of whether the conduct is based on gender orientation. Sexual harassment can be committed by employees or non- employees. e. Examples of harassment include the following: 1. Written Harassment: suggestive, threatening, demeaning, or obscene words; letters; notes; invitations which are based on or relate to a protected classification or the perception that a protected classification is present. 2. Verbal Harassment: derogatory or demeaning comments; slurs; jokes; inappropriate comments regarding appearance, dress (including dress that is consistent with gender identity), or physical features; making threats; spreading rumors; epithets; propositioning, or otherwise offensive words which are based on, or relate to a protected classification or the perception that a protected classification is present. 3. Physical Harassment: assault; touching; impeding or blocking movements; or any physical interference with normal work; pinching; patting; grabbing; or inappropriate gestures which are based on or relate to a protected classification or the perception that a protected classification is present. 4. Visual Harassment: leering; sexually oriented gestures; or display of sexually suggestive , or derogatory objects including but not limited to pictures, drawings cartoons, posters or calendars; derogatory, prejudicial, stereotypical, or offensive displays which are based on or relate to a protected classification or the perception that a protected classification is present. 5. Quid Pro Quo Sexual Harassment: threats of reprisal, implying or actually withholding support of appointments or suggesting that punitive action will be taken if requests for sexual favors are not met. 3.3 No Retaliation a. This Policy prohibits adverse conduct taken against a person because that person under this Policy; filed a complaint of discrimination or harassment with any outside agency; testified in an investigation; assisted another to complain; refused to follow directions that the person reasonably believes to be discriminatory; or provided information or otherwis 40 176 taking sides because an individual has reported harassment or discrimination; spreading rumors about a complaint; shunning or avoiding an individual who reports harassment or discrimination; or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. b. The following individuals are protected from retaliation as defined in this Policy: those who make good faith reports that harassment or discrimination has occurred; those who refuse to follow an order reasonably believed to be discriminatory; those who are accused of harassment or discrimination; those who associate with an individual who is involved in reporting harassment or discrimination; and/or those who participate in the complaint procedure described below. 3.4 Complaint Procedure a. Those who believe that they are the victim of, or witness to, any form of discrimination or harassment or retaliation must immediately report the incident to their supervisor, Department Head, or the Human Resources Director. Supervisory personnel have a duty to immediately report violations that come to their attention and to take appropriate action. b. Confidentiality will be maintained to the fullest extent possible, taking into account the following: 1. The City recognizes that confidentiality is important to all parties involved in an investigation. Complete confidentiality cannot occur; however, due to the need to fully investigate and take effective remedial action. 2. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview with others, except as otherwise directed by a supervisor or the Human Resources Director. Any individual who discusses the content of an investigatory interview in violation of this Policy will be subject to discipline. 3. The City will not disclose a completed investigation report, except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. The Human Resources Director will retain investigation reports in a confidential manner for at least five years after the date of completion. c. In order to proceed under this complaint procedure, the basis of the complaint must be protected classification or because the activity is prohibited by this Policy. Examination of the nature and circumstances of each complaint will determine whether the alleged acts or practices constitute discrimination, harassment, or retaliation. d. Complaints may be submitted in writing or verbally and may include a suggested 41 177 method of resolution and corrective action. e. The person complaining need not report his or her complaint through any chain of command. Instead, he/she has the choice of submitting the complaint to his/her supervisor, Department Head, or the Human Resources Director. A person also has the option to file a complaint with: 1) the California Fair Employment and Housing Commission (www.dfeh.ca.gov; 800-952-5210) and/or 2) the U.S. Equal Employment Opportunity Commission (www.eeoc.gov; 800-669-4000). f. Upon receipt of the complaint, the Human Resources Director or his/her designee will promptly investigate the charges including contacting the person who allegedly engaged in the prohibited conduct. The investigation will be thorough, prompt, objective and non- judgmental. The investigator will inform the accused person of the basis of the complaint and provide him/her an opportunity to respond. g. Upon completion of the investigation, the Department Head, in consultation with the Human Resources Director, will determine what, if any, disciplinary action will be recommended to the City Manager. If inappropriate behavior is found, action will be taken to end the inappropriate behavior. Both parties will be notified of the conclusion of the investigation. h. If it is determined that prohibited conduct occurred, sanctions or disciplinary action up to and including discharge will be taken. Disciplinary action taken under this procedure may be appealed consistent with provisions within Memoranda of Understanding or the Administrative Procedures, but not both. 3.5 Responsibilities a. The City Manager is responsible for enforcing this policy. b. The Human Resources Director is responsible for ensuring that all complaints of harassment are investigated in a confidential, thorough, and prompt manner, including presentation of recommendations for any necessary action to the City Manager. c. Every Department Head is responsible for informing all employees, including supervisors, of this Policy and for taking the steps necessary to set a positive example of conduct consistent with this Policy. d. Every supervisor is responsible for taking immediate and appropriate corrective action upon the observation of any incident of harassment, discrimination, or retaliation or upon receipt of an oral or written report of any occurrence of harassment, discrimination or retaliation. In addition, supervisors are responsible for reporting potential policy violations to the Human Resources Department and for conducting themselves consistently with this Policy. 42 178 e. Every employee, volunteer, applicant, elected or appointed official or person providing services pursuant to a contract is responsible for reporting any act he or she reasonably believes to be a violation of this Policy to the immediate supervisor, Department Head, or Human Resources Director; treating all City affiliated persons with dignity and respect; responding fully and truthfully to all questions posed during an investigation; and not disclosing the substance of any investigatory interview. 3.6 Penalties Violation of this policy shall generally constitute just and reasonable cause for discipline, up to and including termination. In addition, an individual may be found to be personally liable when they engage in or take no action to prevent harassment or retaliation. SEXUAL RELATIONSHIPS BETWEEN SUPERVISORS AND SUBORDINATE EMPLOYEES ARE PROHIBITED. 3.7 Policy Statement This policy is intended to avoid conflicts of interest between work-related and personal/family obligations; reduce favoritism or even the appearance of favoritism; prevent personal/family conflicts from affecting the workplace; and decrease the likelihood of sexual harassment and/or gender discrimination in the workplace. As a result, the City of Cupertino prohibits sexual relationships between supervisors and subordinate employees, as defined in this Policy. 3.8 Definitions The following definitions apply to each section of this Policy. a. A sexual relationship" exists when two City employees become personally involved with each other to the point that there is any of the following: sexual intimacy, marriage, or domestic partnership. b. City Manager c. any person who has the discretion and authority to direct others as to periodically serve as acting supervisors. As related to supervision, the giving of orders by an employee to another employee for which failure to follow the orders is grounds for discipline. 3.9 Policy/Procedure 43 179 a. Public trust, safety and City morale require that supervisory employees avoid the appearance of a conflict between their professional responsibilities and any involvement that they may have in a sexual relationship with other City employees. In order to promote efficient operation of the City and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security, morale, and possible claims of sexual harassment and/or gender based discrimination, sexual relations between supervisors and subordinate employees are prohibited. In the event that a relationship exists between a supervisor and a subordinate employee, the supervisor has the affirmative obligation to disclose the relationship to his/her supervisor. Failure to disclose the relationship by the supervisory employee in the relationship is . separate grounds for discipline b. Enforcement The City reserves the right to reasonably investigate situations in the workplace to determine whether there is a possible violation of this Policy. If the City determines that a Policy violation exists, prior to discipline, the City will make every effort to resolve the situation administratively. If an administrative remedy is impractical or otherwise inappropriate,remedial and/or disciplinary measures may be utilized to mitigate issues that arise relevant to the enforcement of this Policy. 1. The City retains the right to refuse to place employees engaged in sexual relationships prohibited by this Policy in the same Department if the placement has the potential for creating an adverse impact on supervision, safety, security, morale or involves potential conflicts of interest. 2. In the event of a prohibited sexual relationship, the City will attempt to transfer one of the affected employees to a similar classified position in another City Department, should such a position exist, be available, and should the employee possess the skills and qualifications necessary to perform the essential duties of the position. Although the wishes of the involved parties as to who will be transferred will be given consideration by the City, the controlling factor will be the positive operation and efficiency of the City. If any such transfer results in a reduction in salary or compensation, applicable and legally required due process procedures shall be applied. 3. In lieu of a transfer from one department to another, or in situations in which no similar counterpart classification exists the affected employees may continue to be employed within the same City Department subject to approval by the Department Director and the City Manager or his/her designee. However, any such continuing employment is predicated upon both subject employees not reporting to the same immediate supervisor; not being supervised by each other; not working the same shift at the same work site; or, otherwise becoming involved in a work environment having the potential for adverse impact on supervision, safety, security or morale. 44 180 4. If continuing employment of employees engaged in sexual relationships prohibited by this Policy cannot be accommodated consistent with the City's interest in promotion of safety, security, morale and efficiency, then the City retains sole discretion to discipline one of the employees. Prior to discipline, the City will make every effort to resolve the situation administratively. The provisions of this Policy are not applicable to individuals employed by the City on or before the date of adoption of this Policy in their current state of sexual relationship. However in the event that a relationship exists between a supervisor and a subordinate employee, the supervisor has the affirmative obligation to disclose the relationship to his/her supervisor. In addition, any of the following after the effective date of this Policy, even as to current employees, will result in the applicability of the Policy: a) a new sexual relationship; b) a change in marital status; or c) a change in status that makes an employee a supervisor or acting supervisor. Furthermore, employees in existing sexual relationships are subject to any and all employment- related actions by the City, pursuant to existing City policies and procedures to address conduct, and which negatively impact the work environment. AND RELATED STATE LAW SECTION 4 AMERICANS WITH DISABILITIES ACT PROTECTING PERSONS WITH A DISABILITY Prohibiting Disability Discrimination 4.1 Purpose The purpose of this policy is: a. to prohibit and eliminate any discrimination in employment against a qualified individual with a disability; b. c. d. to define discrimination on the basis of disability; and e. to establish a procedure for investigating and resolving internal Disability discrimination complaints. 4.2 Policy Discrimination on the basis of disability against an applicant or an employee who is a qualified individual with a disability, by a supervisor, management employee, or co- worker is not condoned and will not be tolerated. This policy applies to the job application process and to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training. All complaints of discrimination on the basis of disability will be promptly and as described in Section 4.6 below objectively investigated. any violation of Disciplinary action up to and including termination will be institutedfor this policy. for behavior described in the definition of discrimination on the basis of disability set forth below. 45 181 Any retaliation against a person for filing a discrimination charge or making a , or against anyone participating in the investigation, discrimination complaint is prohibited. Policy Regarding Reasonable Accommodation 4.3 The City will provide reasonable accommodation consistent with the law to the known physical or mental disability(ies) of an otherwise qualified disabled applicant or employee. Any applicant or employee requesting a reasonable accommodation as a result of their disability should direct their request to Human Resources director. For further information concerning reasonable accommodations, see Section 4.5 below. 4.43 Definitions a. Disability: (1) a physical or mental impairment that substantially limits one or more major life activity; or (2) having a record of such an impairment; or (3) , perceived as or treated as, as being regarded as having such an impairment explained more fully below . impairments include loss b. Physical or Mental Impairments: Physical or mental of limb or other anatomical loss, cosmetic disfigurement, physiological disease, disorder or condition that effects one or more of the following: neurological system, immune system, musculoskeletal system, special sense organs, respiratory system (including speech organs), cardiovascular system, reproductive system, digestive system, genitourinary system, hemic and lymphatic system; circulatory system; skin and endocrine systems. Examples of physical impairments include, but are not limited to: vision, speech and hearing impairments; emotional disturbances and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor impairmentshigh blood disabilities; learning disabilities; diabetes; heart disease; pressure nervous conditions; cancer, asthma; Hepatitis B; HIV infection; epilepsy; partial or total loss of a limb; and mobility impairments requiring the use of a wheel chair. and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. Mental impairments, include but are not limited to: emotional or mental illness; seizure disorders; intellectual or cognitive disability; clinical depression; bipolar disorder; learning disability; nervous conditions; obsessive-compulsive disorder; autism spectrum disorder; schizophrenia; and drug addiction if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs. 46 182 The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality and bisexuality; compulsive gambling, kleptomania; (except for pyromania; pedophilia; exhibitionism; and voyeurism; pregnancy pregnancy related impairments such as diabetes or high blood pressure) ; height, weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper if not symptoms of a mental or physiological disorder. c. Substantial Limitation of Major Life Activities: An individual is disabled if he or she has a physical or mental impairment that (a) renders him or her unable to perform a makes achievements of the major life major life activity, or that (b) substantially activity more difficult (which includes, among other things, a comparison to the ability of most people in the general population to perform the major life activity in terms of time, duration effort, pain and difficulty.) limits the condition, manner or duration under which he or she can perform a particular major life activity in comparison to other people. Major life activities are functions such as caring for oneself, performing manual tasks, standing,sitting, ,reaching, walking, seeing, hearing, speaking, breathing, learning bending, reading, concentrating, thinking, communicating, interacting with others, working the of major bodily functions, such as the immune and working system, special sense organs and skin, normal cell growth, digestive system, genitourinary system, bowel, bladder, neurological system,, brain, respiratory system, circulatory system, cardiovascular system, endocrine system, hemic system, lymphatic system, musculoskeletal system and reproductive functions . a makes In determining whether physical or mental impairment substantially achievement of the major life activity more difficult, the agency will consider: limits the condition, manner or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered: and (1) the nature and severity of the impairment; however, even if the (2) the duration or expected duration of the impairment; effects of the impairment last or are expected to last fewer than 6 months, impairment may still be a disability depending upon other factors. and (3) the permanent or long-term impact (or expected impact) of or resulting from the impairment. In determining whether a physical or mental impairment substantially limits an individual with respect to the major life activity factors should be considered: (1) the geographical area to which the individual has reasonable access; 47 183 (2) the job from which the individual has been disqualified because of an impairment and the number and types of jobs within that geographical area utilizing similar training, knowledge, skills or abilities from which the individual is also disqualified because of the impairment; and/or (3) the number and types of other jobs within that geographical area not utilizing similar training, knowledge, skills or abilities (to the job from which disqualified) from which the individual is also disqualified because of the impairment (broad range of jobs in various classes). d. Having a Record of Impairment: An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such an impairment. e. Regarded as Having a Disability: An individual is disabled if he or she is treated a or perceived as having an impairment that substantially limits major life activitymay activities, although no such impairment exists. action (such as a demotion, termination, assignment) based upon a actual or perceived impairment may constitute under the law that the person has been regarded as having a disability. f. Qualified Individual with a Disability: is a person who (1) satisfies the job related requirements for the position (meaning the individual possesses the requisite skill, experience, education, and other job related requirements of the position) , and (2) can perform the with or without reasonable accommodation. . (1) Satisfied Job-Related Requirements Satisfying the job-related requirements of the position means that the disabled individual possesses the appropriate educational background, employment experience, skills, and license required for the position. g. Functions (2) Essential Factors Essential functions are the fundamental duties of a position. Marginal or peripheral functions of a position are not essential functions. of a variety of reasons, including but not A function may be essential because limited to : 1 (a) the reason the position exists is to perform that function; 2 (b) of the limited number of employees available among whom the /or performance of that job function can be distributed; and 48 184 3the function (c) it is highly specialized and requires specific expertise or skill to perform. Factors The following factors shall be considered in determining whether a function include but are not limited to: is essential; ; which functions are essential written job descriptions; the amount of time spent on the job performing the function; the consequences of not requiring the performance of the function; the terms of a collective bargaining agreement or MOU; and the work experience of past and present incumbents in the position. 4.5 Reasonable (3) Accommodation one or more because of If the individual cannot perform the essential functions despite the individual may request a reasonable accommodation that their disability, is to will determine whether reasonable accommodation would enable the individual to perform Applicants with a disability may also request the essential functions of the position. reasonable accommodations relating to the testing/application process. The City will make reasonable accommodations available to known disabilities. Requests for reasonable accommodation should be made to Human Resources Director. Accommodation is any change in the work environment or in the way things are customarily done that enables a disabled individual to enjoy equal employment opportunities. Reasonable accommodations may Accommodation means modifications or adjustments include, but are not limited to : modifications or adjustments /testing (a) to a job application process to tested for or be enable an individual with a disability to be considered for the position; modifications or adjustments (b) to the work environment in which a position is performed so that a disabled person can perform the essential functions of the position; and modifications or adjustments (c) that enable disabled individuals to enjoy equal benefits and privileges of employment as other similarly situated employees without disabilities enjoy. (d) providing assistive devices, services or equipment; (e) restructuring a job to eliminate or redistribute non-essential functions of a position; (f) providing a leave of absence; (g) providing additional training; 49 185 (h) providing a modified work schedule; (i) modifying supervisory methods (e.g. dividing complex tasks into smaller parts.) Accommodation includes (j) making existing facilities and equipment used by employees readily accessible to and usable by individuals with disabilities. Accommodation applies to: (a) all employment decisions and to the job application process; (b) all services and programs provided in connection with employment; non-work facilities provided by the agency to all employees; and known disabilities only. Reasonable does not include Accommodation is not required if: ing (a) it eliminates essential functions of a position from the disabled or adjustments or modifications requested are primarily for the benefit of the disabled individual. (b) promoting an employee; or (c ) providing an indefinite leave of absence. (4) Undue Hardship . Undue hardship means significant difficulty or expense incurred in the provision of accommodation. Undue hardship includes but is not limited to financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the business. Whether a particular accommodation will impose an undue hardship is F determined on a case-by-case basis. The following factors will be considered in determining whether an accommodation would create an undue hardship include but are not limited tonet : the nature and cost of the accommodation; the financial resources of the agency; operations of the agency, including the composition and functions of its work and the effect on the ability of other employees to perform their force. duties. Reasonable (5) Determining the Appropriate Accommodation 50 186 If a qualified individual with a disability requests the provision of a reasonable or the City becomes aware of the need for accommodation accommodation through a third party (such as a doctor) or by observationCity , the agency to shall engage in an informal, interactive process with the disabled person y which identifies the precise limitations resulting from the disability impairment reasonable and the potential accommodations that could overcome those limitations. interactive process used to determine a reasonable The accommodation will typically involve the following process .shall generally involve five steps. Twill First, the agency shall analyze the particular job at issue and determine its The agency may request that the individual purpose and essential functions. provide verification from his/her treating physician that the person has an impairment (the agency will not require that the diagnosis be provided) as well as information concerning how the impairment affects the individual and its expected duration. TCity will Second,the agency shall consult with the person requesting a reasonable accommodation disabled individual to ascertain the precise job- , and identify potential reasonable accommodations that would disability enable the person to perform the essential functions of the position . Third, the agency shall consult with the disabled individual to identify potential If potential accommodations are identified, accommodations. Fourth, the , in consultation with the person requesting reasonable agency accommodation, will evaluate shall assess the effectiveness of each potential reasonable accommodation with regard to enabling the individual to perform , or in the case of an applicant, enabling the essential functions of the position the applicant to have an equal opportunity to participate in the application process and be considered for the jobTwill . Finally, the agency shall .The City consider the preference of the individual to be accommodated and will reasonable, if any, it select and implement the accommodation that determines is effective in allowing the person to perform the essential function of the position, or in the case of an applicant, the ability to participate in the application process and be considered for the position. is most appropriate for both the employee and the agency. If at any time the provided reasonable accommodation does not enable the employee to perform the essential functions of the position and/or the employee needs an additional or revised reasonable accommodation, the employee should make another accommodation request to Human Resources Director. g. Discrimination on the Basis of Disability Discrimination on the basis of disability means: 51 187 (1) to limit, segregate, or classify a job applicant or employee in a way that may adversely affect opportunities or status bec or (2) to participate in a contract which could subject an applicant or employee with a disability to discrimination; (3) to use any standards, criteria or method of administration which could have the effect of discriminating on the basis of disability; (4) to deny equal jobs or benefits because of a disability; (5) to fail to make reasonable accommodations to known physical or mental limitations of an otherwise qualified individual unless it can be shown that the accommodation would impose an undue hardship; (6) to use a selection criteria which excludes a disabled person unless the criteria is job-related and consistent with business necessity; and (7) to fail to use employment tests in a manner that ensures that the test results job. 4.46 Complaint Procedure a. A job applicant or employee who believes he or she has been discriminated or who believes the agency has failed to against on the basis of disability provide a reasonable accommodation may make a written complaint as soon as , and no later than 30 days of the alleged incident, possible after the incident unless reasonable circumstances prevented the employee from doing so, to: supervisor; (ead; or (c) the Human Resources Director, who has been designated to coordinate federal and state laws concerning employment discrimination on the basis of disability. In order to facilitate the investigation, the complainant is encouraged to submit the complaint within 30 days of the alleged incident(s). Where reasonable circumstances prevent the filing of the complaint within this time period, complaints received after this time period may be accepted. ould b. The complaint shall include: (1) a description of the offending behavior(s) or violations; (2) date(s), time(s) and location(s) of incident(s); (3) name(s) of alleged offender(s); (4) name(s) of witnesses, if any; and remedy desired. 52 188 c. The complaiepartment Head shall refer all complaints received to the Human Resources Director. bor designee d. Upon receipt of a complaint, the Human Resources Director shall conduct a prompt and, to the extent possible, discreet investigation of the investigate all charges. The investigation shall include interviews with: (a) the complainant; (b) the person(s) allegedly engaged in discrimination, and (c) any other person believed to have relevant knowledge concerning the complaint. or e. Upon completion of the investigation, the Human Resources Director designee shall review the information gathered through the investigation to determine whether the alleged conduct otherwise inappropriate. constitutes discrimination, giving consideration to all factual information, the totality of the circumstances, including the nature of the alleged discriminatory conduct and the context in which the alleged incidents occurred. or designee f. The Human Resources Director shall then prepare a written report a setting forth the result of the investigation and the determination as to whether violation of City policies or other inappropriate conduct has discrimination occurred. The results of the investigation shall be conveyed to appropriate persons including to the complainant, the person(s) allegedly engaged in discrimination, the supervisor, and the Department Head. inappropriate conduct and/or a violation of this policy g. If it is determined that discrimination occurred, swift and appropriate disciplinary action will be commensurate with the severity and/or frequency of the offense. h. Reasonable steps shall be taken to protect the victim and other potential inappropriate conduct Retaliation against victims from further discrimination. the complaining party or any other persons participating in the investigation will not be tolerated and will result in disciplinary action up to and including termination of employment. i. Reasonable steps shall be taken to protect the victim from retaliation as a result of communicating the complaint. AND MEDICAL SECTION 5 FAMILY LEAVE Effective August 5, 1993, the Family Leave Act became effective and pertains to all local governments and other employers with more than 50 employees. Eligible Employees The Act (FMLA) and the California Family Rights Act (CFRA) Family and Medical Leave (FMLA leave) provides employees with the right to take family care and medical leave 53 189 (hereafterreferred to as FMLA/CFRA leave or Family Medical leave) for certain circumstances. To be eligible for FMLA/CFRA leave, the employee for up to 12 work weeks must: ve at during any 12 month period if he/she: 1) has been employed for at least 12 months the Cityve; and 3) be ; and 2) has worked at least 1250 hours during the last 12 months employed at a worksite at which the City employs 50 or more employees within a 75 mile radius . Qualifying Reasons for the Leave and Length of Leave Eligible employees may take up to 12 work weeks of unpaid /CFRA leave within a 12 FMLA month period (measured backwards from the date the leave begins) for the following reasons:care for a new can be taken because of: 1) The birth of a child of an employee (newborn, adopted or foster child) during the first year after the birth, adoption or placement; . 2) The placement of a child with an employee in connection with the adoption of a child by an employee. ,, or registered 3) The serious illness of a child of an employee or to care for a parent or a spouse domestic partner) 3 who has a serious health condition; or 4) a serious health ;; or 4) any condition that makes the employee unable to perform the functions of their position qualifying military exigency (as determined by the regulations of the Secretary of Labor) arising out of the fact that the employee (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a military operation designated by the Secretary of Defense or a call of uniformed service members to active duty. Up to 26 work weeks of unpaid leave, within a 12 month period (measured from the date the leave begins) may be used by eligible employees to care for a family member (child, parent, spouse or next-of-kin) with a serious health condition incurred as a result of active military services. For purposes of this condition incurred in the line of duty or on active duty in the Armed Forces that may render the member medically unfit to perform his or her duties. Subject to the length restrictions specified above, the length of each absence will depend on the reason for the leave and/or the medical necessity for the leave, as certified by the health care provider. Notice: An employee should provide as much advance notice as possible of the date of the Family Medical Leave being requested and an estimated duration. If the event necessitating the leave becomes known to the employee more than 30 calendar days before the need for the leave, the employee must provide notice as soon as the employee learns of the need for leave and the leave request must be submitted in writing to his or her supervisor or Human Resources at least 30 days before the time the leave is needed. . If the need for leave is not foreseeable, the employee must provide as much advance notice as possible, with written notice given no later than five work days after learning of the need for leave. 54 190 If the leave is needed for planned medical treatment or medical supervision of a family member, the employee must make a reasonable effort to schedule the treatment or supervision in a way that is least disruptive to the City by the health care provider of the individual requiring treatment or supervision. The City shall respond to the leave request as soon as possible. When responding to the FMLA/CFRA leave request, the City shall provide a written notice that includes: 1) whether or not the employee and the leave qualify for FMLA and/or CFRA leave and if so, that the leave will be counted against the leave available under the FMLA and/or CFRA; 2) Any requirements for the employee provide medical certification; 3) the paid leaves available for use by the employee where applicable; 4) any requirement of the employee to make payment to maintain benefits and the arrangements for making such payments; 5) any requirements that the employee provide a fitness-for-duty certificate to be restored to employee and the potential consequences equivalent position upon return from leave; and 8) the employee payment of health insurance premium leave if the employee fails to return to work after taking leave. Certification: provide certification from his/her health care provider stating: (a) the date of commencement of the serious health condition; (b) the probable duration of the condition; and (c) that the employee is unable to perform the duties of his or her position because of the serious health condition. second opinion differs from the first, the City may require a third opinion from a mutually agreed on health care provider. If the leave is to care for a sick child, spouse, parent, registered domestic partner, or next- of-kin, the employee must provide certification from the health care provider stating: a) participation; b)date of commencement of the serious health condition; c)that the employee is unable to work at all or unable to perform one or more essential functions of the position because of the serious health condition; d)estimated amount of time the employee will be needed to provide care. With respect to leave taken for military exigency, the City reserves the right to require proof of the military exigency consistent with the law. among the highest paid ten percent of all the City of Cupertino employees. 55 191 Use of Accrued Paid Leave: ily member with a serious health condition as described above, the employee may elect to use available accrued paid sick leave, vacation leave or other paid leaves in order to receive pay during the Family Medical leave. When the leave is to care for a new child of the employee (a new baby, adoption or foster care placement), the employee may use available accrued vacation and other paid leaves, but accrued sick leave may only be used when the child is sick or medical appointments. crued paid leave time is exhausted, the remainder of the Family Medical leave is unpaid time off. Benefits: the /CFRA During any FMLA group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period. Other benefits can be If the leave is beyond the period of time provided by law as explained above, the employee may continue the health insurance benefits at his/her own expense. If an employee fails to return from leave, the employer has a right to reimbursement for the group health costs during the time of the leave. There are two exceptions to the preceding: 1) The employee is too ill to return; or, 2) The employer believes grievous economic injury will result if that employee is reinstated. Seniority and other benefits do not continue to accrue during a period of leave under this policy, except that seniority and benefits will continue to accrue during any period that paid leave (vacation, sick leave) is used and will accrue pro-rata during any reduced- leave. An employee should provide as much advance notice as possible of the date of the Family Medical Leave being requested and an estimated duration. The employer shall respond to the leave request as soon as possible. When granting FMLA leave, the employer shall provide the employee with the following notice: 1) that the leave will be counted as FMLA leave; 2) any requirements for the employee to provide medical certification; 3) the employee may use paid leave where applicable; 4) any requirement of the employee to make payment to maintain benefits and the arrangements for making such payments; 5) any requirements that the employee provide a fitness-for-duty certificate to be restored to employee and the potential consequences that 56 192 insurance premiums paid by the employer during the employe fails to return to work after taking leave. Reinstatement: At the end of the leave the employee will ordinarily be reinstated to his or her previous position or to an equivalent job with equivalent pay, benefits, and working conditions, unless the position has been eliminated due to a reduction in force or reorganization, or unless the employee would have been terminated for some other business reasons unrelated to the leave, or for any other lawful reason. When the leave provide to the City a medical release to return to work. If an employee is unable to return to work after the initial estimated return date, an additional certification will be required and will be evaluated by the City. SECTION 6 REIMBURSEMENT OF EXPENSES 6.1 Personal Vehicles Employees who are required to use their personal vehicles for city business shall reimbursed for such use at an appropriate rate to be determined by a schedule adopted by the City Council. Submission of a request for reimbursement must be approved by the Department Head. Exceptions to the foregoing paragraph are: City Manager, Department Heads, Recreation , Legal Services Manager, Assistant Supervisors, Traffic Engineer, Building Official Director of Public Works,and Environmental and the Public Information Officer Affairs Director . The pay rate of each includes an allowance for the use of their personal vehicles. However, should any of the identified persons travel in excess of two hundred miles round trip they would be eligible for reimbursement at the established rate. 6.2 Reimbursements Employees who are required to advance personal funds for conferences, meetings, or the purchase of minor materials and supplies or for other approved services during the performance of or arising out of the duties assigned to the employees work shall be reimbursed for funds so expended. The Appointing Authority may prescribe such administrative rules and regulations governing the allowable kinds and amounts of such reimbursable expenditures and the methods and procedures usable to substantiate and process submitted claims. SECTION 7 SPECIAL CONDITIONS 7.1 Training Programs It shall be the policy of the city to encourage employee participation in training programs which will be of benefit to the employee and the city in the better performance 57 193 of his/her work and as a means of providing assistance to the employee qualifying for promotional opportunities. The Appointing Authority may prescribe suitable regulations and guidelines under which such programs may be administered. 7.2 Suggestion System Suggestions of employees relating to the improvement of work related matters shall be encouraged. The means of receiving, processing and implementing such suggestions as well as the method of giving appropriate recognition thereto shall be as prescribed by the Appointing Authority. 7.3 Hospitalization, Medical, Dental and Life Insurance Programs It shall be the policy of the city to provide suitable group hospitalization, medical, dental, life insurance programs and income protection under which employees and their dependents may be covered. The needs of the employees shall be given due consideration. 7.4 Memorandum of Understanding Rules relating to those matters of mutual interest and concern between city management and city employees which are subject to meeting and conferring in good faith shall be as mutually agreed to between the parties and as approved by the City Council in Memoranda of Understanding. In the absence of such memoranda the rules contained herein shall apply wherever applicable. In the absence of any specific rule on any given matter the City Manager in that capacity or as Appointing Authority shall establish suitable policies by administrative regulations and orders which shall be considered as supplemental hereto unless or until amended or superseded. SECTION 8 WORKPLACE VIOLENCE 8.1 Policy The City of Cupertino is firmly committed to providing a workplace that is free from violence and the threat of violence. In keeping with this commitment, the city has established a strict policy that prohibits any employee from threatening or committing any act of violence in the workplace. Employees are also prohibited from having in their possession weapons including firearms and knives, other than pocket knives or knives commonly used as tools, in the workplace. 8.2 Definition Workplace Violence includes but is not; limited to harassment, threats, physical attack, or property damage. Threat is the expression of an intent to cause physical or mental harm. An expression constitutes a threat without regard to whether the party communicating the threat has the 58 194 present ability to carry it out and without regard to whether the expression is contingent, conditional, or future. Physical Attack is unwanted or hostile physical contact such as hitting, fighting, pushing, shoving, or throwing objects. Property Damage is intentional damage to property that includes property belonging to the City of Cupertino, employees, visitors, or other persons. 8.3 Zero Tolerance Violence or the threat of violence, against or by any employee or any other person is not acceptable. (1) Should a non-employee, on City of Cupertino property, demonstrate or threaten violent behavior, he/she may be subject to criminal prosecution. (2) Should an employee, during working hours, demonstrate or threaten violent behavior, he/she may be subject to disciplinary action up to and including discharge. 8.4 Violent Acts The following actions are considered violent acts: (1) Striking, punching, slapping or assaulting another person. (2) Fighting or challenging another person to fight. (3) Grabbing, pinching or touching another person in an unwanted way whether sexually or otherwise. (4) Engaging in dangerous, threatening or unwanted horseplay. (5) Possession, use, or threat of use, of a gun, knife, or other weapon of any kind in the workplace, including parking lots, work sites, city vehicles, or while engaged in activities for the City of Cupertino in other locations. (6) Threatening harm or harming another person, or any other action or conduct that implies the threat of bodily harm. 8.5 Reporting Violent Acts Any employee who is the victim of any violent, threatening, or harassing conduct in the workplace, any witness to such conduct, or anyone receiving a report of such conduct, 59 195 whether the perpetrator is a city employee or a non-employee, shall immediately report the incident to their immediate supervisor or other appropriate person in the chain of command. A written report shall immediately be prepared and delivered to the Human Resources Director. Failure to report a workplace violence situation or file a written report shall be cause for disciplinary action up to and including discharge. 8.6 Workplace Violence Written Report The written report shall be objective and include facts including time, observations, statements made by the parties involved in the workplace violence encounter, names of witnesses to the incident, and other relevant information that may be beneficial to the investigation. 8.7 No Retaliation No one, acting in good faith, who initiates a complaint or reports an incident under this policy, will be subject to retaliation or harassment. 8.8 Investigation Upon notification of a workplace violence report, the Human Resources Director shall immediately conduct an investigation. A written report including findings and recommendations shall be submitted to the City Manager. 8.9 Due Process Any employee, if found to be a perpetrator, will be provided due process prior to any disciplinary action pursuant to the provisions of a memoranda of understanding or the Administrative Rules and Regulations of the Personnel Code. 60 196 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DIRECTING THE CITY MANAGER TO AMEND THE ADMINISTRATIVE RULES AND REGULATIONS OF THE PERSONNEL CODE TO REFLECT ANY CHANGES TO THE MEMORANDUM OF UNDERSTANDINGS (MOU’S) AND COMPENSATION PROGRAMS WHEREAS the City Council desires that the Administrative Rules and Regulations of the Personnel Code be changed to reflect any current changes to the Memorandum of Understanding (MOU’s) and compensation programs. NOW, THEREFORE BE IT RESOLVED that the City Council hereby directs the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any current changes to the compensation programs. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of October, 2012 by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: __ Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 197 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 16, 2012 Subject Amend agreement with Santa Clara Valley Transportation Authority (VTA) for Project Readiness Initiative (PRI) funding. Recommended Action Authorize the City Manager to negotiate and execute an amendment to the agreement with VTA to secure up to $50,000 in additional PRI funding. Discussion In March 2010, the VTA Board of Directors programmed $1 million for a new VTA- administered grant program called the “Project Readiness Initiative”. The objective of the PRI is to provide grants to VTA member agencies to help them develop project concepts and produce grant applications for upcoming competitive surface transportation grant programs. VTA issued a funding agreement for Cupertino in March 2011, confirming the city’s $25,000 allocation. The funds are available on a reimbursement basis and are issued to repay eligible expenses. In spring 2011, VTA confirmed for City staff that the proposed joint cities Stevens Creek Trail study led by Sunnyvale would be eligible to receive a portion of Cupertino’s allocation if desired. In June 2011, the City Council’s adopted budget for 2011-12 included $10,000 for the Stevens Creek Trail joint cities study to be reimbursed from the city’s $25,000 PRI allocation, and $15,000 in PRI reimbursements for the Stevens Creek Corridor Park and Restoration Phase 2 project. In September 2011, the Sunnyvale City Council authorized acceptance of financial contributions from Cupertino, Mountain View and Los Altos to help fund the joint cities Stevens Creek Trail study, and authorized cooperative agreements as needed. In September 2011, the VTA Board approved extending the term of the PRI program until June 30, 2013 or until the approved funding is depleted. By spring 2012, funding remained available in the PRI program and VTA member agencies were eligible for a second allocation of $25,000. The City of Sunnyvale had requested additional contributions toward the joint cities Stevens Creek Trail study, and requested $8,000 from Cupertino. In the spring 2012 budget discussions, the City Council supported pursuing a second allocation of PRI funds. The Council directed that a second round of PRI funds, as available, be 198 used to reimburse Sunnyvale for $8,000 of expenses for the joint cities trail study, and that $17,000 be used to fund a McClellan Road sidewalk study to evaluate installation of a sidewalk in the tri-school area between Orange Avenue and San Leandro Avenue. These items were included in the adopted CIP. Staff approached the VTA and confirmed that available PRI funds remained and that VTA could prepare a funding amendment. VTA has since notified us that we can request an additional $50,000 rather than $25,000. Staff recommends that the City Council authorize execution of an amendment to the VTA-City PRI funding agreement, and direct staff to request up to $50,000 in added PRI funds. Staff recommends using $25,000 of the second round PRI funding as already noted in the adopted CIP (i.e., $8,000 for the joint cities trail study and $17,000 for the McClellan Road sidewalk study project). Staff further recommends that Council authorize using the additional $25,000 to pursue further potential grants for Stevens Creek Corridor Park and Restoration Phase 2 (up to $7,000) and the remainder to augment the budget for the McClellan Road Sidewalk Study project ($18,000), and adjustment of the capital project budgets accordingly. Lastly, staff recommends that the City Council authorize the staff to implement actions as needed with VTA or Sunnyvale to facilitate implementation of the PRI transfer. The City of Sunnyvale has now launched the joint cities trail study and has accrued expenses that are eligible for reimbursement via Cupertino’s PRI allocation. Sustainability Impact Design and implementation of the projects funded by the PRI program will support non- vehicular transportation modes and the city’s sustainability goals. Fiscal Impact: Implementation of the recommended actions would increase grant-funded activities and require the city to advance up to $50,000 in reimbursable expenses associated with three existing capital projects: the joint cities Stevens Creek Trail study, the McClellan Road Sidewalk Study, and Stevens Creek Corridor Park and Restoration Phase 2. These expenses would be reimbursed by grant funding. _____________________________________ Prepared by: Gail Seeds, Park Restoration and Improvement Manager David Stillman, Senior Civil Engineer Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: A – Executed Funding Agreement 199 200 201 202 203 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 16, 2012 Subject Municipal Improvements, 10215 Alhambra Avenue, APN 326-23-042 and 326-23-043. Recommended Action Accept Municipal Improvements. Discussion The applicant has completed City-specified improvements in the City right-of-way including driveway approach, sidewalk, and curb & gutter as required by the improvement agreement with the City. _____________________________________ Prepared by: Chad Mosley, Associate Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A-Map 204 ATTACHMENT A 10215 10211 . Subject: Municipal Improvements, 10215 Alhambra Avenue, APN 326-23-042 and 326-23-043. Recommended Action: Accept Municipal Improvements. 10095 10093 205 10073 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 16, 2012 Subject Approve the Joint Stevens Creek Dam Failure Plan prepared by the Santa Clara County Fire Department for the City of Cupertino Recommended Action Adopt resolution to approve the Joint Stevens Creek Dam Failure Plan Description The Stevens Creek Dam and Reservoir, constructed as part of the Santa Clara County Water District reservoir and ground water system, is a small 92 acre reservoir with an earthen and rock dam. The dam captures the combined waters of Stevens, Swiss and Montebello Creeks as they descend down Stevens Canyon. The 1,000 foot long dam rises 120 feet above the valley floor. The reservoirs capacity was designed to trap 4,000 acre-feet of water and currently holds 3,138 acre-feet since 2004. Discussion The California Government Code’s Emergency Services ACT (ESA), Section 8589.5(b), calls for public safety agencies whose territory contains populated areas below dams to adopt emergency procedures for the evacuation and control of these areas in the event of a partial or total failure of the dam. This plan addresses the potential failures (full or partial) of the Stevens Creek Dam and Reservoir that can impact the geographic areas of the cities of Cupertino, Sunnyvale, Mountain View and Los Altos. The plan is designated to: 1.Provide guidelines to the cities of Cupertino, Sunnyvale, Los Altos and Mountain View, affected public and private agencies, special districts, non-governmental organizations and mutual aid emergency organizations in the event of a potential or imminent/actual failure of the dam. 2.Assign planning and functional responsibilities. 3.Outline public notification and information strategies. 4.Identify resources to ensure a swift, coordinated response. 5.Outline recovery strategies for psychological and physical health effects, repairing infrastructure, debris removal and rebuilding. 206 This plan is written to conform to the National Incident Management (NIMS) and the Standardized Emergency Management System (SEMS). Fiscal Impact There is no fiscal impact ____________________________________ Prepared by: Jim Yokes, Emergency Services Coordinator Reviewed by:Carol A. Atwood, Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments: A. Draft Resolution No. 12- B. Joint Stevens Creek Dam Failure Plan C. Maps: a. Schaff & Wheeler Inundation Map 1 b. Schaff & Wheeler Inundation Map 2 c. GIS Color Inundation Map 1 d. GIS Color Inundation Map 2 e. GIS Color Inundation Map 3 f. Evacuation Map with Temporary Evacuation Points (TEPs) and Main Evacuation Routes 207 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE JOINT STEVENS CREEK DAM FAILURE PLAN WHEREAS, the Bay Area is subject to various earthquake-related hazards such as ground shaking, liquefaction, landslides, fault surface rupture, and tsunamis; and WHEREAS, the Bay Area is subject to various weather-related hazards including wildfires, floods and landslides; and WHEREAS, the City of Cupertino recognizes that disasters do not recognize city, county, or special district boundaries; and WHEREAS, the City seeks to maintain and enhance both a disaster-resistant City and region by reducing the potential loss of life, property damage, and environmental degradation from natural disasters, while accelerating economic recovery from those disasters; and WHEREAS, the City is committed to increasing the disaster resistance of the infrastructure, health, housing, economy, government services, education, environment, and land use systems in the City, as well as in the Bay Area as a whole; and WHEREAS, the California Government Code’s Emergency Services Act (ESA), Section 8589.5(b), calls for public safety agencies whose territory contains populated areas below dams to adopt emergency procedures for the evacuation and control of these areas in the event of a partial or total failure of the dam; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City commits to continuing to take those actions and initiating further actions, as appropriate, as identified in the Joint Stevens Creek Dam Failure Plan to provide guidance, direction and clarification to all participatory organizations involved in the dam failure preparation, response, recovery and mitigation activities. PASSED AND ADOPTED at a regular meeting of the City Council of the City of th Cupertino this 16 day of October, 2012 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: __ Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino 208 JSCDFP OINT TEVENS REEK AM AILURE LAN PREPAREDBYTHESANTACLARACOUNTYFIREDEPARTMENT CCCCRD: ITY OF UPERTINO ITY OUNCIL ESOLUTION ATE DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P1 UPERTINO MERGENCY LANCTOBER AGE 209 TC ABLE OF ONTENTS List of Tables ................................................................................................................... 3 1.0 Executive Summary .................................................................................................. 4 2.0 Introduction & Purpose .............................................................................................. 6 3.0 Situation And Assumptions ....................................................................................... 6 3.1 Dam Profile ............................................................................................................... 6 3.2 Hazard Analysis ........................................................................................................ 8 3.3 Assumptions ............................................................................................................ 11 3.4 Mitigation Current And Future ................................................................................. 12 4.0 Concept Of Operations ............................................................................................ 13 5.0 Response ................................................................................................................ 14 5.1 Detection ................................................................................................................. 14 5.2 Notification .............................................................................................................. 15 5.3 Evacuation .............................................................................................................. 16 5.4 Transportation ......................................................................................................... 18 5.5 Mass Care And Shelter ........................................................................................... 19 5.6 Animal Care And Shelter ......................................................................................... 20 5.7 People With Disabilities ........................................................................................... 20 5.8 Safety And Security ................................................................................................. 21 6.0 Evacuation Plan Testing And Maintenance ............................................................. 21 Notification List Distribution List Maps - In Separate Manila Envelope Enclosed In Binder Cover Pocket DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P2 UPERTINO MERGENCY LANCTOBER AGE 210 LT IST OF ABLES 3.1.1-1. Significant 3.2.1-1 Inundation DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P3 UPERTINO MERGENCY LANCTOBER AGE 211 1.0 Executive Summary The Stevens Creek Dam and Reservoir is an earthen and rock 1,000 rising 120 feet above the valley floor. Designed to trap 4,000 acre-feet of water, its current capacity is 3,138 acre-feet. The facility is owned and operated by the Santa Clara Valley Water District (SCVWD). The surrounding 1,042-acres are operated as Stevens Creek County Park, a unit of the Santa Clara County Parks and Recrea Area to the west, the Fremont Older Open Space Reserve to the ea Cupertino to the north. Additionally, the waters of the reservoir could reach the cities Sunnyvale, Mountain View, Los Altos, and Santa Clara County unincorporated areas. In the United States dam failures are rare but they do occur. Al failure is uncertain, there is a high probability of a major earthquake occurring Francisco Bay Area, potentially increasing our failure risk. It is important to recognize that the time of year during which peak of winter rainy season when reservoirs may be full vs. late fall when reservoir levels are depleted) can greatly influence the extent of floodin open recreation spaces significantly affects the number of visit golf courses during daylight hours, particularly on weekends and holidays. The hour and day of the week affects the number of motorists transiting S Boulevard, McClellan Road, and Interstate 280 and Highway 85. D conjunction with another event, such as an earthquake, can magnify the impact. Services Act (ESA), Section 8589.5 (b), which calls for public s territory contains populated areas below dams to adopt emergency procedures for the evacuation and control of these areas in the event of a partial The State of California Emergency Management Agency (CalEMA), fo the Governor's Office of Emergency Services, is charged to review these local procedures and make recommendations for improvement. rtment of Water Resources, Division of Safety of Dams, is the regulator Act, Section 8589.5 (b) and California Water Code, Division 3, P Section 6002 to take all necessary actions to protect life and proper areas and to provide inundation maps to CalEMA. In accordance with the intent of the State Legislature (ESA §858 reviews and/or updates of this plan are to be undertaken every two years or as needed. The Santa Clara Co as the rest of the Cupertino Disaster Council review this plan. DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P4 UPERTINO MERGENCY LANCTOBER AGE 212 This plan addresses the potential failures (full or partial) of the Stevens Creek Dam and Reservoir that can impact the geographic areas of the cities of Mountain View and Los Altos. The plan is designed to: 1. Provide guidelines to the cities of Cupertino, Sunnyvale, Los Al View, affected public and private agencies, special districts, non-governmental organizations and mutual aid emergency organizations in the even or imminent/actual failure of the dam. 2. Assign planning and functional responsibilities. 3. Outline public notification and information strategies. 4. Identify resources to ensure a swift, coordinated response. 5. Outline recovery strategies for psychological and physical healt repairing infrastructure, debris removal and rebuilding. This plan is written to conform to the National Incident Management System (NIMS) and the Standardized Emergency Management System (SEMS). DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P5 UPERTINO MERGENCY LANCTOBER AGE 213 2.0I&P NTRODUCTION URPOSE This Plan identifies how the cities, public and private agencies, special - governmental organizations and mutual aid organizations will prepare, respond, recover and mitigate a failure of the Stevens Creek Dam and Reservoir. The goals of this plan are to: Mitigate the dam hazard, and Prevent or minimize injury and loss of lives This plan is intended to provide guidance, direction and clarification to all particip organizations involved in the dam failure preparation, response, activities. The document includes: Hazard analysis Identified inundation areas Roles and responsibilities of all stakeholders Evacuation guidelines 3.0SITUATION&ASSUMPTIONS The Joint Stevens Creek Dam Failure Plan will be jointly activated by the signatories to this document upon receipt of information of a potential or immithe Stevens Creek Dam. 3.1DAMP ROFILE Stevens Creek canyon, creek, dam and reservoir are named for an settler, Captain Elisha Stephens, whose name has undergone a mod Stephens was a South Carolina native who is noted for reaching California as Captain of the 1844-45 Stephens-Murphy-Townsend Wagon train which was the first to cross the Sierra Nevada. Stephens settled in Santa Clara County along Arroyo de San Joseph Cupertino, now called Stevens Canyon, on a 160 acre raised Mission grapes, fruit trees and blackberries. In 1859, h holdings by purchasing an additional 155 acres. Feeling crowdedr settlers, he sold his property in 1864 and began a ranch in Kern County in th part of the City of Bakersfield. Stephens died at age 83 and is The Stevens Creek Dam and the Reservoir were originally construc1935, as a Federal Public Works Administration Project 6051, for the Santa Conservation District. The Santa Clara Valley Water Conservatio DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P6 UPERTINO MERGENCY LANCTOBER AGE 214 The Stevens Creek Reservoir and Dam, constructed as part of the Santa Clara C Water District reservoir and ground water management system, is reservoir with an earthen and rock dam. According to the United Survey (USGS), the barren banks, cuts, and slopes surrounding the reservoir consist of Pliocene to early Quaternary Santa Clara Formation. It describes formation of gravel and sand deposited in streams along an alluv ongoing uplift which gives the deposits a steeply dipping orientation around the reservoir. The dam blocks the combined waters of Stevens, Swiss and Montebe descend down Stevens Canyon to San Francisco Bay. The 1,000 foot long dam rises 120 feet above the valley floor. It was designed to trap 4,000 acre-feet of water, forming - feet in 1986 and to 3,138 acre-feet in 2004. DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P7 UPERTINO MERGENCY LANCTOBER AGE 215 T3.1-1.SDARD ABLE IGNIFICANT AM ND ESERVOIR ATES 1935 Constructed Seismic performance analysis by SCVWD reported 1978 the dam can withstand 7.9 magnitude earthquake Seismic safety retrofit performed. Earthen berms constructed upstream and downstream to ensure adequate seismic stability; included raising the dam 1985 10 feet. Other measures were taken to further protect the dam face and shoulders to facilitate water collection and inhibit landslides. 1986 Reservoir capacity reduced to 3,465 acre feet 1994 SCVWD prepared new inundation maps 2003 Reservoir capacity recalculated to 3,138 acre-feet Seismic stability evaluation by SCVWD. Results not 2007 yet provided City of Cupertino prepares new inundation maps - 2008 SCVWD unable to fund One of two outlet valves stuck in open position. 2009 Repair scheduled for Fall 2009. 3.2HA AZARD NALYSIS There are about 80,000 dams in the United States today and catastrophic dam failures In 1889, 2,209 lives were lost when the South Fork Dam failed above Johnstown, Pennsylvania. Between 1918 and 1958, 33 major U.S. dam failures caused 1,680 deaths. F nine major dams failed worldwide The 1928 St. Francis Dam failure killed more than 500. During the 1970s the Buffalo Creek, Teton, and Toccoa Creek dam failures collectively cost 175 lives and more than $1 billion in losses. Failure of earth and rock filled dams is slower to develop and e are less susceptible to catastrophic failure than concrete arch dams, however many of increasing with time. As of 2012 the dam is 77 years old thus exceeding the fifty (50) year ASCE design life of a dam by 27 the age of 36 years old receive the poorest risk rating. The Stevens Creek Dam and Reser considered safe within reasonable limits. DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P8 UPERTINO MERGENCY LANCTOBER AGE 216 Dams can fail for many reasons. The most common reasons for dam Piping - Internal erosion caused by embankment leakage, foundation leakage, and deterioration of pertinent structures appended to the dam. Erosion - Inadequate spillway capacity causing overtopping of the dam, flo erosion and inadequate slope protection. Structural Failures - Caused by an earthquake, slope instability or faulty construction. These and other potential hazards are discussed below. E : Earthquake-related damage is considered the most likely cause of a dam ARTHQUAKE failure in Santa Clara County. The dam is situated in a seismically active area near the reevaluation of Stevens Creek Dam completed in 1978 by the Santa Clara County Water District ent performance criteria if subjected to the maximum credible earthquake Magnitude 8.5 on the nearby San Donald H. Babbit, M. Rehabilitation, Geotechnical Special Publication No. 35, ASCE, A Seismic performance analysis by SCVWD, in 1978, reported that th withstand a 7.9 magnitude earthquake. In 1985 seismic safety ret performed. See Table 3.1-1. In 2002 the USGS studied the affects of ground shaking in the Sa determined that the valley was actually divided into two separate basins called the Evergreen Basin and the Cupertino Basin. Seismic modeling indic configuration will cause seismic waves to reverberate and increa shaking. EWD :In a severe winter storm or series of storms a condition of XCESS ATER OR ROUGHT saturated soil and excessively high water flow in the multi-creek drainage system flowing into Stevens Creek Reservoir can occur. Under this condi ground shaking could cause significant earth movement. In drought situations internal pore pressures can be lessened by low water storage levels, an earthquake can cause severe damage through shearing s earthen and rock materials. Any cracks or deformations extending can increase t deformations. L : The geological phenomenon of a landslide is primarily driven by ANDSLIDE a trigger is often required for a landslide to occur. However t facto DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P9 UPERTINO MERGENCY LANCTOBER AGE 217 such as changes in groundwater (pore water) pressure, heavy rain adding loads and earthquake-caused liquefaction. S(P)F : All embankment dams have some seepage. Control of the EEPAGE IPING AILURE seepage through monitoring and maintenance can prevent internal instability. Routine deformation monitoring of seepage can lead and initiating remedial action before a structural failure occurs. SCVWD monitors the dam for seepage; however it is difficult to predict the extent that a warning is under such circumstances. TEMA : Acts of terrorism or malevolence causing ERRORIST VENT OR ALEVOLENT CT structural damage to the dam is considered the least likely to occur. Any terrorist or malevolent act will be treated as an unanticipated catastrophic ME : The Stevens Creek Dam spillway is intended to handle a one in ITIGATION FFORTS 10,000 year storm event. The spillway capacity has been upgraded to handle a flow of 15,700 cubic feet per second. When a failure of overtipping is anconditions permit, SCVWD may attempt to lower the reservoir level by releas Creek. However, the dam and reservoir were designed for water conservation rather than flood control. Therefore, outlet capacity may not permit su quickly enough to have a significant effect on an immediate situ may allow more time for a gradual state of readiness, activation of emergency service responders, and SCVWD mitigation efforts. The attached maps show the route of the water flow from the dam to the San Francisco Bay. They plot in color the inundation focusing at the street level from t to the bay. The rate of inundation is calculated based on the sudden and ful calculated by Schaaf & Wheeler in 2008. The timelines are presen over the right and left embankments. See Table 3.2.1-2. DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P10 UPERTINO MERGENCY LANCTOBER AGE 218 T3.2.1-2.IT ABLE NUNDATION IMETABLE Flood Time Right Overbank Flood Peak Flow Peak Time De-flood Location Time Time 00:00 min 385,000 csf 7 minutes 13 minutes Face of dam 15:00 min 205,000 csf 19 minutes 32 minutes Blackberry Golf 55:00 min 15,000 csf 1 hr 30 min 2 hr 10 min Fremont/Grant 60:00 min 12,000 csf 1 hr 55 min 4 hr 20 min Grant/Portland Flood Time Left Overbank 24:00 min 15,000 csf 30 minutes 1 hr 28 min Hwy 280/85 24:00 min 4,400 csf 36 minutes 2 hr 21 min Homestead/Moffett 28:00 min 7,900 csf 1 hr 13 min 3 hr 31 min Lawrence/El Camino 33:00 min 1,900 csf 2 hr 13 min 5 hr 53 min Sunnyvale/El Camino 1 hr 45 6,000 csf 3 hr 10 min 7 hr 30 min Miramonta/Cuesta min 2 hr 15 3,400 csf 4 hr 30 min 8 hr 50 min Central/Rengsdorff min * csf = cubic square feet 3.3A SSUMPTIONS Using the known detailed technical information about the inundat, and conducting preparedness planning, people can significantly mitigate the potential affect of water release and so avoid or lessen injury or loss of life. Pre-disaster mitigation is essential through using dam inspections and resultant corrective, preventi actions along with public education and community evacuation rea Lives are in jeopardy due to dam failure. Costs, both direct and indirect, from a dam failure have wide ranging negative impacts on the infrastructure and on the local economy. The multiplier and ripple effects on t socio-economic impact cannot be completely quantified. Damaged primary and secondary roads may not be functional for da Sheltering for people and pets may take place outside of the imp sheltering and evacuation considerations must include the additi tourists, vacationers, etc. Local resources will be overwhelmed and mutua required. Potential affected infrastructure can include: Transportation arteries (interstates, state highways, rail lines DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P11 UPERTINO MERGENCY LANCTOBER AGE 219 Communications (telephone lines, communications towers) Public works (water treatment, sewer and waste water lines) Health and medical facilities (healthcare facilities) Hazardous materials sites (above ground and underground storage pipelines, landfills) Energy providers (electric facilities, distribution lines) Animal care facilities (family pets, veterinary hospitals) Special needs requirements (schools, daycare, public recreationa transient populations) 3.4MITIGATIONCF URRENT AND UTURE No price can be put on the lives that could be lost in the future due to dam failure. The probability of the failure of a particular reservoir and dam str assess. Therefore mitigation, the lessening and alleviating of d public education and early predictions and warning are key for preventing the loss of life, ecological destruction and property damage. In understanding the causes and many variables that contribute t emphasis on mitigation is fundamental and necessary. Dam inspect- the-ground-studies provides the basis for assessing reservoir and dam safet From such evaluation appropriate and necessary maintenance, reme upgrade can be performed. Dams must be maintained to keep them s The SCVWD has a comprehensive dam safety program to ensure public safety and operational availability of the reservoir. This program include A structured maintenance program Dam instrumentation and surveillance Emergency action plans and exercises Expedient post-earthquake dam assessment procedures Special seismic studies The dam is inspected every 18 months and includes a check of the concrete, rodent burrowing activity, erosion and outlet valves. gauges that determine the water level and alert the District, via radio, and update the District website in real time. PUBLIC EDUCATION In addition, people living in the dam inundation area must be aw their vulnerability and be prepared for a dam failure emergency.plan cannot be successful unless the affected population knows what to do when failure. To rapidly evacuate from the flood zone the public need: Know the methods of alert and warning DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P12 UPERTINO MERGENCY LANCTOBER AGE 220 Understand the definitions of danger warning conditions in order to take appropriate actions Have pre-planned and prepared what to take if called upon to evacuate, in taking nothing in extreme emergency Have discussed evacuation plans with neighbors to identify and a with access and functional needs Know the best evacuation route from their homes along with alter Develop strategies to reduce the number of vehicles leaving the Know the location of high ground sanctuaries in their area where if evacuation time is extremely short, e.g. sudden actual failure Understand the disaster area reentry procedures 4.0CONCEPTO OF PERATIONS The emergency services staff, from each of the signatory cities, are responsible for guiding the development, coordination and review of the procedures to support this plan. They are also responsible for ensuring that that the plan is accurate and consistent with their city EOPs. The plan provides a framework for each of the signatory cities and interfacing organizations and agencies to develop additional support plans and standard operating procedures. The primary stakeholders for this plan are the people, businesses and ecological species who live within the inundation area. In 2010, estimates 6,956 people living within the inundation area in Cupertino. The objective of this plan is to prevent or reduce the loss of life. This objective is to be met by mitigating the hazards and preparing to respond most effectively in all anticipated scenarios including the worst case. The strategy for readiness is to educate, engage and exercise all stakeholders using this plan as a guide. Functional responsibilities for this and all hazards are outline Emergency Operations Plan. This Plan is compliant with the Standardized Emergency Management System (SEMS) / National Incident Management System (NIMS) including the Incidmmand System (ICS) and addresses the four phases of emergency management. Mutual Aid requests for law enforcement, medical and fire will be conducted through established channels. The Santa Clara Operational Area will facilitate coordination with Los Altos, Mountain View and Sunnyvale. Each signatory city's EOC will resp event based on the situation present in that city. The Santa Clara County EOC automatically activates if two or more jurisdictions are impacted. The City and County will facilitate and coordinate resource acquisition. This plan is based on two potential scenarios. The first is when experienced damage but it is not catastrophic and time exists for inspection calmer, more orderly evacuation. The second is when the dam has catastrophic damage or outright destruction and the fastest evac DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P13 UPERTINO MERGENCY LANCTOBER AGE 221 called for. For purposes of emergency response, the terms imminent and actual failure are considered the same, although there may be a time lag betwee actual failure. Emergency managers and responders are to assume that immediate response actions are required. Validation of this Plan will be through tabletop, functional and full-scale exercises. 5.0 Response 5.1 Detection DRT Notification of a possible dam emergency may ETECTING AND EPORTING THE HREAT come from the dam owner (SCVWD), the Santa Clara County Communics Center, Santa , Stevens Creek park staff or members of the public. Any reported threat of potential or imminent/actual dam failure an official response agency must be verified prior to plan activon. Following a 5.0 or greater magnitude earthquake within 20 miles Dam, a SCVWD Post-Earthquake Dam Assessment Program (PEDAP) employee self- dispatches to assess the dam. Detailed follow-up assessments or inspections by staff with specialized expertise are conducted as necessary. EA There are two general conditions that will govern activation MERGENCY CTIVATION of emergency operations plans in the event that Stevens Creek Da fails 1. PF SCVWD is responsible for immediately notifying the OTENTIAL AILURE signatory cities and Operational Area (OA) Emergency Operation Centers (EOC) if any unsafe conditions are detected or likely and the status of any r anticipated by SCVWD. Any individual who receives information about a potential threat or unsafe condition should call 911. Upon receipt, County Communications will begin notifications, per the Notification List. The District will continue to provide timely information through Officer and Subject Matter Experts. In this scenario, it is anticipated available to issue warnings and take preparedness actions for af response activities as deemed necessary. In the event of notification of Potential Dam Failure, evacuation operations will cwith the concurrence of the City of Cupertino Director of Emergency Services or his/her designee. Notification list calls will be completed with every notice of potential dam failure. All notifications will be made, regardless of the time of day. SNotification List. 2. IAF If MMINENT OR CTUAL AILURE Rangers, members of any public safety agency, or representatives DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P14 UPERTINO MERGENCY LANCTOBER AGE 222 the dam has failed or is about to fail, County Communications will b immediately, notifications per the Notification List will be mad evacuations of the inundation zone will begin immediately under the direction of the Santa Clara If County Communications cannot comply, SCVWD retains responsibi notifications to respective public safety dispatch centers follo managers and allied agencies. Completion of the Notification List calls will be completed by each agency. 5.2NOTIFICATION PWE UBLIC ARNINGS OF VACUATION The public living in areas that may be affected by failure of th be warned through SIMULTANEOUS notification methods: The Emergency Alert System (EAS) will broadcast general notice over Bay Area commercial radio and television stations. County Communications Office of Emergency Services/Santa Clara Operational Area EOC must initiate this action. County Communications will notify all affected dispatch centers and first responders on their radio frequencies. ALERT SCC Automated phone, email and text notification message may be written by the Santa Clara County Operational Area EOC, County Communications, or the Cupertino PIO and approved by the Cupertino Director Of Emergency Services or his/her designee. Alert SCC note It is not appropriate for this plan to usurp the decision o making flexibility of people on the scene when an emergency occu must have the ability to adapt to the needs and demands placed on them at that time. However, it will be worth considering at that time to have one immediate Alert SCC message directed to people in the inundation followed by another Alert SCC message when time permits to the rest of the City and County. CupertinoSystem Broadcast alert over school alert monitoring receivers during sc Block Leaders telling neighbors Cablecast over the Cupertino City Channel Comcast 26 & Uverse 99 AM radio broadcast on City owned AM 1670 Local radio and television stations Electronic freeway signs -mounted loud speakers, helicopter and personal contact Mobile units of the Cupertino Public Works Department and Park r augment this effort Cupertino website DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P15 UPERTINO MERGENCY LANCTOBER AGE 223 Notification List Warnings and Evacuation notifications will advise residents of: Evacuation routes, with pedestrian evacuation most desired, and with ultimate evacuation methods left to the discretion of personnel in the fincident Commander Temporary Evacuation Points (TEPs) Transportation resources available Shelter sites including arrangements for livestock and pets Location of medical services Assistance for those with access and functional needs Attempt will be made to provide information in the three main languages of the area (English, Mandarin Chinese, & Hindi), and in a worst case scenario in will likely be brief for life safety purposes with more informat notifications. The amount of lead-time may vary from several minutes to several hours. JIC OINT NFORMATION ENTER A Joint Information Center may be established by the County to h inquiries and provide a point of contact for elected and appointand appropriate subject matter experts and the news media. All parti response agencies are invited to provide representatives to staff the center. 5.3E VACUATION In the event of notification of Imminent or Actual Dam Failure, pon first responder safety, on-duty members of the Santa Clara County Sheriff's Office will commence immediate evacuation of the threatened areas under the in California Penal Code section 409.5, (Sheriff ordered evacuatsafety). Notification and evacuation activities will continue until all r are relocated to safe areas or it becomes too dangerous to conti For the purposes of emergency response, the terms imminent and actual failure are considered the same. Although there may be a time lag between immi failure, emergency managers and responders are to assume that th additional mitigation actions and that immediate response action Office will decide what the appropriate methods of evacuation wi which will for the most part be a choice between allowing people requiring them to evacuate on foot. At issue is the possibility jammed, thus inhibiting effective evacuation. Roughly speaking, the inundation zone runs from south to north bordered by Linda V Drive and Byrne Avenue on the east side, and Stevens Canyon Road DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P16 UPERTINO MERGENCY LANCTOBER AGE 224 Boulevard on the west side. This will vary depending Law enforcement personnel will be able to approach the eastern side directly from Interstate 280, Stevens Creek Boulevard, and McCle the western side of the inundation zone will be more difficult and time consuming because personnel will need to travel south to Saratoga down De and/or Highway 85, then down Saratoga-Sunnyvale Road to Pierce Road, then northwards up Pierce Road and Mt. Eden Valley Road past the Stev Canyon Dam and into the area west of the inundation zone. There is no escap delay the response to the western side of the inundation zone co The evacuation process will have three components: Main routes out of the danger zone The main west side routes, from south to north will be: o Ricardo Drive Riverside Drive McClellan Road Santa Paula Avenue Palm Avenue Stevens Creek Boulevard Cupertino Road Carta Blanca Street The main east side routes, from south to north will be: o Columbia Avenue Hyannisport Drive McClellan Road Stevens Creek Boulevard agencies will control the flow and direction of traffic The west side key traffic control intersections will be: o Scenic Boulevard & Palm Avenue DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P17 UPERTINO MERGENCY LANCTOBER AGE 225 McClellan Road & Foothill Boulevard Foothill Boulevard & Palm Avenue Stevens Creek Boulevard & Carmen Road Foothill Boulevard & Vista Knoll Boulevard The east side key traffic control intersections will be: o McClellan Road & Byrne Avenue Stevens Creek Boulevard & Byrne Avenue Stevens Creek Boulevard & Bubb Road The establishment of Temporary Evacuation Points (TEPs) where evacuees locations out of harms way, and may become an intermediate step before the establishment of shelters. In some circumstances, locations such lots or parks can serve very well as TEPs. The west side of the inundation zone has only one adequate TEP o location, at the Monte Vista Recreation Center and Park The east side of the inundations zone has the following possible o locations that can serve as TEPs: Kennedy Middle School Monte Vista High School De Anza College Quinlan Community Center 5.4T RANSPORTATION Valley Transportation Agency (VTA) units may be used to move the evacua mass care sites. The Cupertino EOC will support the on-scene Unified Command as it stages and coordinates such assets. VTA supervisory personnel will be asked to report to the Incident Command Post to act as Liaison. VTA knowledge of local transportation routes will be useful not only in coordinating VTA assets but in assisting wevacuation routes, TEPs and shelter/mass care facility location planning. Transportation assets of the Fremont Union High School and Cupertino Unified School districts may be requested to augment VTA assets. DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P18 UPERTINO MERGENCY LANCTOBER AGE 226 out of the evacuation area. Traffic control will be coordinated with California Highway Patrol Sunnyvale Department of Safety Los Altos Police Department Mountain View Police Department Cupertino Code Enforcement Division DeAnza College Police Citizen Corps Volunteers (supporting role) City of Cupertino Public Works Department (supporting role) Traffic on main thoroughfares in the Cities of Cupertino, Sunnyv Mountain View can be expected to increase if the CHP elects to d safety precaution from the vicinity of the I-280 and Highway 85 interchange. Increased traffic may also be seen on selected streets and expressways of View, Los Altos, Santa Clara, and San Jose. EAS VACUATION REA ECURITY cuation area will be secured and access will be by special pass only. Procedures for passes and periods of approved re-entry will be posted at Mass Care facilities and shelters. The Public Information Officer will distribute this information through all appropriate media. Decisions on re-entry into the evacuation area will be made jointly by the Cuper Manager and/or the County Executive in consultation with the SCVWD, the Santa Clara County Public Health Department, the Santa Clara County Fire Department, the Santa Clara County Depar Environmental Health, and other relevant public agencies. 5.5MCS ASS ARE AND HELTER The City operates three facilities that may be opened on short ntice as Mass Care Centers for evacuees: Cupertino Senior Center, 21251 Stevens Creek Boulevard Quinlan Community Center, 10185 North Stelling Road Cupertino Sports Center, 21111 Stevens Creek Boulevard Two additional partner facilities may be requested: Northwest YMCA 20803 Alves Drive De Anza Community College, 21250 Stevens Creek Boulevard DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P19 UPERTINO MERGENCY LANCTOBER AGE 227 ARCS MERICAN ED ROSS HELTER The City of Cupertino has an MOU with the American Red Cross (ARC) Silicon Valley Chapter to operate shelters for City disaster victims. The ARC usually makes final site selection at the time of need. The ARC can open a mass care she hours, upon request, if their local volunteers are not impacted Communications and decision making between the City and the ARC will be made directly between City Hall and Chapter Headquarters in a local d City Hall and the Operational Area EOC during a Bay Area regionaCity staff and volunteers are trained in ARC shelter operations and can open at least one shelter until the ARC can take over its operation. The City will public shelter(s) and assist evacuees in reaching facilities. MA EDICAL ID Any first responder may activate the Multiple Patient Managementhen they become aware that a dam failure is possible. Santa Clara Co will notify local hospitals and medical facilities per the MPMP. The Cupertino Medical Center, 10050 Bubb Rd., is the local provider of medical aid. The Cupertino Medical Reserve Corps can assist at TEPs and at shelters. 5.6ACS NIMAL ARE AND HELTER The Cupertino Citizen Corps volunteers, in coordination with the Operational Area, will provide shelter for owned, injured or lost pets per the Animals e EOP. 5.7PWD EOPLE ITH ISABILITIES People who cannot readily react or respond to traditional emerge plan ahead. There may be little or no time to explain evacuatio that neighbors discuss plans and develop relationships to help each other before disaster occurs. The public should notify the nearest authorities, or 9-1-1, of the locations and names of people with access or functional needs (i.e. non-ambulatory or limited mobility, no transportation) who require individual assistance. 5.8SS AFETY AND ECURITY nd security matters and will; Identify procedures for perimeter and interior security of the a- entry and in early days of re-entry (eg., identification requirements, passes, anti-looting patrols) DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P20 UPERTINO MERGENCY LANCTOBER AGE 228 Identify conditions and procedures for lifting evacuation and pr- entry by the populace DA ISASTER SSISTANCE As soon as possible, a Local Assistance Center (LAC) will be opened in cooperation with state, federal and non-governmental organizations to assist victims. The City Public Information Officer will work with the news media to inform the of such facilities, location and available services. Long term assistance to disaster victims from both public and private non-profit agencies will be available at the LAC. 6.0 Evacuation Plan Testing and Maintenance All aspects of the dam failure response must be regularly tested Notification List test once per year Cupertino Everbridge System once per year Tabletop exercise with affected neighborhoods, schools, business responders, Citizen Corps volunteers and non-governmental organizations at Functional exercise with affected neighborhoods, schools, business responders, Citizen Corps volunteers and non-governmental organizations at Full Scale 7.0PE UBLIC DUCATION This plan cannot be successful unless the affected population knows what to do. It is important that every entity represented in this plan make every through every means available to the organization. Public education resources include Letters and information presented to people in the inundation area Informational brochure sent to each home in affected neighborhoo Information posted on signatorFacebook, and other social media Information posted in signatory citi Information posted at Stevens Creek Park, Information provided on cable TV, radio, You Tube, and other video distribution channels training to community members DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P21 UPERTINO MERGENCY LANCTOBER AGE 229 7.1S IGNAGE The Cupertino Public Works Department will install signage in th directing residents what routes should be used to evacuate the a locations for evacuation signs will be on the two east/west rout Stevens Creek Boulevard and McClelland Road, although additional will be added. The signs will be easily identified with blue instructions on a background. 8.0AR UTHORITIES AND EFERENCES F EDERAL 1. National Dam Safety Act of 2006 S TATE 1. California State Law, SB 896 ( -TBD- if same as California Dam Safety Act of 1972) 2. California Government Code Division 1, Title 2, Chapter 7, Calif Services Act §8550 and §8589.5b, as amended 3. California State Emergency Plan, Governor 2005 4. California State Law AB 1195, Chapter 65 5. California Water Code Division 3, Part 1, Chapter 2, Sections 60 6004 6. California Penal Code §409.5 7. California Vehicular Code §2812 L OCAL 1. Cupertino Emergency Operations Plan 2. Cupertino Municipal Code, Cupertino Emergency Ordinance Sections 2.40.25, 2.40.30, 2.40.40, 2.40.45, 2.40.50, 2.40.70 and 2.40.08 3. Cupertino Emergency Operations Plan Debris Removal Annex (TBS) 4. Santa Clara Valley Water District Web Pages A. SCVWD Home www.valleywater.org B. SCVWD Rainfall and Reservoir Status Report www.valleywater.org/Services/MeasuresAndReadings.aspx C. SCVWD Reservoir Storage Report www.valleywater.org/Services/Reservoirs.aspx D. SCVWD ALERT Hydrologic Data Collection System www.valleywater.org/Services/AboutAlert.aspx E. SCVWD ALERT System Real-time Data www.valleywater.org/Services/Alert.aspx 5. Other Relevant Web Pages A. FEMA National Dam Safety Program www.fema.gov/plan/prevent/damfailure/ndsp/shtm DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P22 UPERTINO MERGENCY LANCTOBER AGE 230 B. National Inventory Of Dams www.nid.usace.army.mil C. American Society Of Civil Engineers Infrastructure Report Card Dams www.infrastructurereportcard.org/fact-sheet/dams D. Dam Safety Action www.damsafetyaction.org E. Association Of State Dam Safety Officials www.damsafety.org 6. Division of Safety of Dams - Important Observations, Recommendations or Actions Taken From A.J. Mangney, DSOD Inspector, on April 30, 2008 A. Remove woody vegetation from the downstream face and along the right downstream groin. B. Initiate a rodent control program and backfill existing dens wit fill. This item should be a high priority before more extensive required. C. Repair erosion gullies on the dam faces. D. Clean out weep holes and remove vegetation along panel joints in spillway. 9.0 Attachments 1. Notification List 2. Organizational Adoption 3. Distribution List 4. Maps (Manila Envelope Insert To Binder Cover) a. Schaff & Wheeler Inundation Map 1 b. Schaff & Wheeler Inundation Map 2 c. GIS Color Inundation Map 1 d. GIS Color Inundation Map 2 e. GIS Color Inundation Map 3 f. Evacuation Map With Temporary Evacuation Points (TEPs) & Main Evacuation Routes DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P23 UPERTINO MERGENCY LANCTOBER AGE 231 Notification List The hub of communications and notifications is the Santa Clara County Communications Department. County Communications will be notifie the first person aware of an emergency at the dam and will then (listed by roman numerals) the agencies listed below . Those agencies will then make (alphabetized between roman further internal notifications as described below numerals) . Phone numbers, radio frequencies, and the like are not listed changes to them cannot be tracked accurately in this plan, and because those responsible for knowing those methods of communications have acc date listings. Therefore, it is the responsibility of each agenc listed below to maintain up to date and accurate methods of communications with the agencies they are responsible for, with multiple and redundant s After initial notifications are made of a dam emergency County C continue to update the listed agencies on the severity of the emergency and status changes, as needed, in consultation with the Incident Commander Alert SCC will be used both to make internal notifications at th and also to provide information to the public. However, it is imortant to note two limitations to the Alert SCC system that are relevant to a dam e case of a catastrophic dam emergency an Alert SCC message cannot enough to warn or notify anybody of the initial water flow or waand second, Alert SCC requires functioning phone and internet systems to be useful will be valuable in providing people information concerning what emergency (assuming systems are working) but it is unlikely that be useful during the dam emergency. Dam failure annexes to the Emergency Operations Plans for the ci Mountain View, and Sunnyvale will give detailed notifications in made below for the City of Cupertino. County Communications notifications will be made to the agencies listed be I. California Highway Patrol A. CalTrans II. City of Cupertino Cupertino Office of Emergency Services (OES) A. Amateur Radio/CARES B. American Red Cross Silicon Valley Chapter C. California Water Company D. Cupertino CERT Block Leaders E. 1. Cupertino City Council F. Cupertino Medical Center G. Cupertino Medical Reserve Corps (MRC) H. Cupertino Code Enforcement I. Cupertino Neighborhood Watch Coordinator DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P24 UPERTINO MERGENCY LANCTOBER AGE 232 J. Cupertino Parks & Recreation Department 1. Blackberry Farm 2. Blackberry Golf Course 3. Blue Pheasant Restaurant 4. Deep Cliff Golf Course 5. Linda Vista Park 6. McClellan Ranch Park 7. Monte Vista Park & Recreation Center 8. Quinlan Community Center 9. Senior Center 10. Sports Center 11. YMCA K. Cupertino Public Information Officer 1. Cupertino Chamber of Commerce 2. Cupertino City Staff non EOC 3. Cupertino PIO Staff 4. Media 5. Santa Clara County Library Cupertino Branch 6. Webmaster L. Cupertino Public Works Department M. Cupertino Sanitary District N. Cupertino Union School District 1. Kennedy Middle School 2. Lincoln Elementary School 3. Stevens Creek Elementary School 4. CUSD District Staff 5. CUSD Buses 6. CUSD Custodians O. Cupertino Disaster Council P. De Anza College Q. Fremont Union High School District 1. Monte Vista High School III. City of Los Altos Police Department IV. City of Mountain View Police Department A. Mountain View Office of Emergency Services V. City of Sunnyvale Department of Public Safety A. Sunnyvale Office of Emergency Services VI. Hospitals (all) VII. Pacific Gas & Electric (PG&E) VIII. Rural/Metro Ambulance Service IX. San Jose Water Company X. Santa Clara County Emergency Alert System XI. Santa Clara County Emergency Medical Services XII. Santa Clara County Fire Department XIII. Santa Clara County Office of Emergency Services (OES) XIV. DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P25 UPERTINO MERGENCY LANCTOBER AGE 233 A. De Anza College Police Department XV. Santa Clara Valley Water District XVI. Stevens Creek County Park Rangers A. Stevens Creek Quarry XVII. Valley Transportation Authority DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P26 UPERTINO MERGENCY LANCTOBER AGE 234 DL ISTRIBUTION IST City Departments and Organizations Hardcopy E-Mail or Letter w/ CD Copy Web Link Administrative Services American Red Cross Silicon Valley Chapter Block Leader Coordinator CalEMA CalEMA Coastal Region California Highway Patrol California Water Service CalTrans Citizen Corps Coordinator City Attorney City Manager City of Cupertino City of Los Altos OES City of Mountain View OES City of Sunnyvale OES Community Development Cupertino Sanitary District Cupertino Union School District Emergency Operations Center Emergency Operations Center Alternate Environmental Affairs Foothill/DeAnza Community College District Police Fremont Union High School District Lehigh Southwest Cement Company Library Los Altos Garbage Office of the Mayor Parks and Recreation PG&E Planning Commission Public Information Officer Public Safety Commission Public Works San Jose Water Company Santa Clara County Fire Department Santa Clara County OES Santa Clara County Parks & Rec Santa Clara County Public Health Department DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P27 UPERTINO MERGENCY LANCTOBER AGE 235 Santa Clara Valley Water District OES Union Pacific RR Valley Transportation Authority YMCA Website DJSCDFP RAFT OINT TEVENS REEK AM AILURE LAN CEP O2012 P28 UPERTINO MERGENCY LANCTOBER AGE 236 DORADO Depth AVILA < 6" POPPY DR 6" to 2' 2' to 5' LAZY OAK CT CREEK CT ROYAL OAK WAY MAJESTICOAKWAY ORCHARD CT SILVER OAK LN > 5' STEVENS CREEK BLVD STEVENS CREEK BLVD SILVER OAK CT RIFREDI CT STEVENS CREEK BLVD GRANADA AVE GRANADA AVE POPLAR GROVE SQ HERMOSA AVE LOMITA AVE LOMITA AVE RD ALMADEN AVEOLIVE AVE CT KINST CT DR 6" to 2' 2' to 5' > 5' 01,500750 Feet 2' to 5' > 5' SUNNYVALE CUPERTINO AVE IMPERIAL AVE PASADENA BERRY CT ADRIANA AVE ORANGE MANN DR CARMONA CT BYRNE AVE BYRNE AVE OFFICE OF THE CITY CLERK CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 16, 2012 Subject Set application deadline and interview dates for commissions and committees with terms expiring January 30, 2013. Recommended Action Recommend an application deadline of Friday, January 18 and interview dates of Monday, January 28 and Tuesday, January 29 beginning at 5:00 on both days. Discussion The Cupertino City Council appoints members to 10 advisory commissions and committees. Members serve staggered, four-year terms with a two-term limit and must wait two years before they can reapply for the same commission or committee. The Cupertino Municipal Code specifies that the term of office for the members of each commission or committee shall end on January 30th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms except if he or she has been appointed to fill an unscheduled vacancy for a term that is less than two years. Recruitment, appointment, and reappointment are governed by City Council Resolution No. 10- 048, and Government Code sections 54970-54974. The Teen Commission is governed by Resolution No. 09-115 and follows a different appointment schedule and structure. Vacancies will be announced in October in the local news media, posted at City Hall, Senior Center, Quinlan Community Center, and the Library, and included in the Cupertino Scene and the City’s web site. Notices are also mailed to CERT graduates, Neighborhood Block Leaders, Leadership 95014 graduates, the Chamber of Commerce, service organizations, and other interested parties. Commissioners who have expired terms and are eligible for reappointment are notified as well as those with applications on file. The attached list describes all the commissions and committees, and lists the names of incumbents whose terms are ending in January 2013. Applicants may apply for up to two commissions and each applicant is interviewed for his or her preferred commission(s). _____________________________________ Grace Schmidt, City Clerk Prepared by: Reviewed by: Carol Atwood, Administrative Services Director Approved for Submission by: David Brandt, City Manager Attachments: A - City of Cupertino Local Appointments List and Notice of Vacancies for 2013 243 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 CITY OF CUPERTINO APPOINTMENTS LIST AND NOTICE OF VACANCIES 2013 Notice is hereby given that residents are encouraged to apply for positions on City commissions and committees that will have vacancies in January of 2013. The application deadline is 4:30 p.m. on Friday, January 18, 2013. Council will conduct interviews beginning at 5:00 p.m. on Monday and Tuesday, January 28 and 29. Commissioners are interviewed and appointed by the City Council, and may serve a total of two consecutive 4-year terms. (The Teen Commission has a different term structure). If a person is appointed to fill an unscheduled vacancy that is less than two years, that partial term is not counted against the term limit. All meetings are open to the public. For more information or to apply for a commission, please contact the City Clerk’s Office at 777-3223, or visit the City website at www.cupertino.org . Audit Committee – 1 vacancy Eno Schmidt served a partial term from May ‘12 to Jan. ’13 – eligible for reappointment The Committee consists of four or five members serving four-year terms. Two individuals are members of City Council, and a minimum of two and a maximum of three are at large members. The at large members shall not be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Committee, the City Manager or staff person assigned to the Committee. An Audit Committee at large member is not required to be a Cupertino resident, but the City Council will give priority to individuals who have substantial accounting, audit, or investment experience, preferably in connection with a governmental agency. The powers and functions of the Audit Committee shall be as follows: A. Review the annual audit report and management letter; B. Recommend appointment of auditors; C. Review the monthly Treasurer’s report, D. Review City investment policies and internal controls of such policies. Meetings are held as needed in January, April, July, and October on the 3rd Thursday of the month at 4:00 p.m. at City Hall in Conference Room A. For more information, call staff liaison Carol Atwood at (408) 777-3220. 244 2013 Notice of Commission vacancies Bicycle Pedestrian Commission – 2 vacancies Alan Takahashi served from Jan. ’09 to Jan. ’13 –eligible for reappointment Mark Fantozzi served from Jan. ’09 to Jan. ’13 – eligible for reappointment The Commission consists of five members appointed by the council to four-year overlapping terms. None shall be officials or employees of the City nor cohabit with, as defined by law, nor be related by blood or marriage to, any member of the committee, the City Manager or the staff person or persons assigned to the Commission. The function of the Commission is to review, monitor and suggest recommendations for City transportation matters including, but not limited to bicycle and pedestrian traffic, parking, education and recreation within Cupertino. Meetings are held monthly on the third Wednesday at 7 p.m. in City Hall, Conference Room A. For more information, call staff liaison David Stillman at (408) 777-3249. Fine Arts Commission – 3 vacancies Russell Leong served a partial term (counts as full) from Jan.’11 to Jan. ’13 – eligible for reappointment Rajeswari Mahalingam served a partial term from May ’11 to Jan. ’13 – eligible for reappointment Vacant partial term (counts as full) ending Jan. ’15 The Commission consists of five members appointed by Council for four-year terms. None of the members shall be employees or officials of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or staff person assigned to the Commission. At least three shall be Cupertino residents. The powers and functions of the Fine Arts Commission are to foster, encourage and assist the realization, preservation and advancement of the fine arts for the benefit of the community. The Fine Arts Commission falls under the Political Reform Act of 1974 and financial disclosure is required. th Meetings are held on the 4 Tuesday of every other month (odd months) and more often as necessary at 7:00 p.m. in City Hall, Conference Room A. For more information, contact staff liaison Kimberly Smith at (408) 777-3223. Housing Commission – 1 vacancy Harvey Barnett served from Jan. ’09 to Jan. ’13 – eligible for reappointment The Cupertino Housing Commission consists of five members appointed by the council to four- year terms. One must be a representative from a Cupertino financial institution and another from a Cupertino business. Housing Commission members who are representatives of a financial institution or a business are not required to be Cupertino residents, but the financial institution and the business represented must be located in Cupertino. The three remaining community members must be residents of Cupertino. The commission assists in developing housing policies and strategies, recommends policies for implementation and monitoring of affordable housing projects, helps identify sources of funding for affordable housing and performs other advisory functions 2 245 2013 Notice of Commission vacancies authorized by the City Council. The Cupertino Housing Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held at 9:00 a.m., the second Thursday of the month at City Hall, Conference Room C. For more information, call staff liaison Vera Gil at (408) 777-3308. Library Commission – 3 vacancies Susanna Tsai served from Jan. ’05 to Jan. ’13 – not eligible for reappointment Ann Stevenson served from Jan. ’09 to Jan. ’13 – eligible for reappointment Janet Riddell served a partial term from Feb. ’12 to Jan. ’13 – eligible for reappointment The commission consists of five members appointed by the Council to four-year, overlapping terms. At least three members must be residents of Cupertino. None of the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The commission advises the city council on the adequacy of library service within the community and such other matters relating to library service as specified by the city council, and serves as liaison between the city and the Santa Clara County library system. Meetings are held monthly on the first Wednesday of eachmonth at 7:00 p.m. in City Hall, Conference Room A. For more information, call staff liaison Nidhi Mathur at (408) 777-3377. Parks and Recreation Commission – No vacancies The commission consists of five members who are residents of the City and shall be appointed by the Council to four-year, overlapping terms. None of the members shall be officials or employees of the City, nor cohabit with as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The commission advises the City Council on municipal activities in relation to parks and recreation, including park site acquisition and development, recreation program policy, and expansion of the park program as development occurs. The Parks and Recreation Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Meetings are held at 7:00 p.m. on the first Thursday of each month in the Community Hall. For more information, contact staff liaison Mark Linder at (408) 777-3110. Planning Commission – 3 vacancies Paul Brophy served from Jan. ’09 to Jan. ’13 – eligible for reappointment Winnie Lee served from Jan. ’09 to Jan. ’13 – eligible for reappointment Marty Miller served from Mar. ’03 to Jan. ’13 – not eligible for reappointment The Commission consists of five members appointed by the Council to overlapping four-year terms. Each member shall be a qualified elector in and resident of the City. None of the members shall be officials or employees of the City and none of whom shall cohabit with as defined by law, nor be related by blood or marriage to any other member of the Commission, the City Manager or 3 246 2013 Notice of Commission vacancies the staff person(s) assigned to this Commission. The Commission’s primary function is to advise the City Council on land use matters such as specific and general plans, zonings and subdivisions. The Commission reviews other matters as specified by City ordinances or Title VII of the Government Code of California. Meetings are held at 6:45 on the second and fourth Tuesday of the month in the Community Hall. For more information, call staff liaison Aarti Shrivastava at (408) 777-3308. Public Safety Commission – No vacancies The commission consists of five members, all of whom shall reside within the City and shall be appointed by the council to four-year, overlapping terms. None shall be officials or employees of the City, members of the Sheriff’s Department of the County, either regular or reserve, nor shall they be members of the Central Fire Protection District. No members of the Public Safety Commission shall cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. The primary functions are to advise the city council on all areas relating to public safety, traffic, and police, fire and other matters relating to the foregoing. Meetings are held monthly on the second Thursday of each month at 7 p.m. in City Hall, Conference Room A. For more information, call staff liaison Captain Kenneth Binder at (408) 868- 6610. Teen Commission – No vacancies The commission consists of nine members, with the intention if possible to include at least one person from each public middle school and public high school in Cupertino. Membership on the Commission is limited to Cupertino residents. Members may attend schools outside of the city thth limits, or be schooled at home. Commissioners must be in 8 through 12 grade. Teen Commissioners serve two-year staggered terms. The powers and functions of the Teen Commission are to advise the City Council and staff on issues and projects important to youth. The Commission meets on the second and fourth Wednesday at 6:15 p.m. at the Quinlan Community Center, 10185 N. Stelling. For more information, call staff liaison Lauren Neff, 777- 3134. Technology, Information, and Communications Commission – No vacancies The Commission consists of five members, from among the qualified electors of the City, appointed by the council to four-year, overlapping terms. None of the members shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. They advise the city council on all matters relating to telecommunications within the city of Cupertino, including evaluating compliance with any franchise or other agreement between the city and a telecommunications provider and conducting periodic reviews of providers, facilities, 4 247 2013 Notice of Commission vacancies and products. In addition, members serve as liaisons between the city, the public, and telecommunications providers in enhancing education and information. The commission also provides support for community access television, especially public and educational access, and gives guidance when needed for development and implementation of access channels and programming. The Technology, Information, and Communications Commission falls under the Political Reform Act of 1974 and financial disclosure is required. Regular meetings are held at least once every three months and, at the discretion of the Commission, other meetings may be held as necessary or expedient. Meetings usually fall on the first Wednesday of the month at 7:00 p.m. in City Hall Conference Room A. For more information, call staff liaison Rick Kitson, 777-3262. 5 248 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 16, 2012 Subject Canada Geese at City Parks and Athletic Fields. Recommended Action Receive staff presentation and public comments regarding the increasing goose populations and their impact on the City’s parks and athletic fields as well as provide feedback on staff’s recommended strategy for reducing these impacts. Discussion Canada Geese have established large population groups throughout Bay Area counties, California and the United States. It is estimated that roughly 250 to 300 Canada geese have adopted Cupertino by taking up daytime residence in Memorial Park and at least six other City parks and sports fields. A larger unknown residential population is also affecting Cupertino neighboring cities. This year-round residency is attractive for the geese due to the habitat and food provided by bay estuary lands, expansive lawns, parks, golf courses and artificial ponds. With life spans up to 20 years, fertility spans of up to 5 years and a general lack of predators, it is likely that the Canada geese population in Cupertino (and regionally) will continue to grow. Many people consider the Canada geese a nuisance due to their large numbers and the resulting amount of fecal matter, which is health and safety concern. Conversely, there are a number of people who enjoy seeing the Canada geese in the parks and athletic fields. Canada geese are most attracted to the opportunity to graze fertilized lawn grass that provides them a line of sight for predators and an ample area to escape. Escape from predators is improved when bodies of water are also available. Canada geese will also stay more persistently when people offer food handouts. In Cupertino, Memorial Park has proven to be an ideal habitat for Canada geese. On any day, as many as 260 geese may be observed at Memorial Park. Other Cupertino locations often frequented by Canada Geese include Portal Park/Collins Elementary, Wilson Park, Kennedy Middle School, Garden Gate School, Faria School, and Jollyman Park. The Canada geese observed at these locations are likely visiting multiple locations on any one day. Few Canada geese are observed to roost in Cupertino at night. It is likely that many Cupertino resident Canada geese are roosting outside of the City, perhaps as far away as the Shoreline Park or the Palo Alto bay lands, before coming back to Cupertino for the day. Current and past efforts to discourage Canada geese from residing at Memorial Park have had limited success. These efforts have included adding color to the water (the geese do not like to see their reflection), placing swan decoys in the water (swans are aggressive towards geese) and not cutting the lawns as short. Neighboring agencies have made efforts not implemented in 249 Cupertino such as using trained dogs, coyote decoys, strobes and lasers, as well as egg addling. Egg addling is removing eggs from the nest, rubbing them with corn oil, and then returning them to the nest. The eggs then do not hatch, but the geese also do not lay a new clutch of eggs. There has not been a regional approach to mitigate the nuisance issue of the Canada geese. To better understand and quantify the regional issue of Canada geese, staff has surveyed municipalities and other nearby agencies and organizations (see Attachment A). Additionally, staff will be hosting a “Goose Summit” roundtable discussion on October 12, 2012 to share best practices, what successes and failures have been experienced, and to see if there is a potential for collaborative efforts that may either save money or at least keep the birds from just moving from one comfortable spot to another. The information learned from the survey and meeting will be included in the staff presentation for this item due to the Goose Summit occurring only two days prior to this Council meeting. A significant amount of research has been independently conducted to determine what Canada geese abatement methods may work best in an environment similar to Cupertino’s. Two non- profit organizations—with well documented research—include the Humane Society of the United States and GeesePeace. These organizations have established model programs that will be the basis of our proposed actions. The common guidance recommended by these organizations focuses on applying seasonally-based solutions around the nesting and molting seasons of the geese. The methods involve egg addling during nesting season, and then applying humane harassment of the geese after molting; the most successful method of harassment being trained dogs and handlers. Proposed Actions: Pending new successful local practices learned at the Goose Summit of October 12th and the testimony and feedback at this Council meeting, staff will propose a budget appropriation during the mid-year budget review in January for contract trained dog services to begin work approximately in July of 2013. This should be after the geese have molted and coincident with the beginning of festivals and high use at Memorial Park. Whether we propose a trained dog service only at Memorial Park or we extend the trained dog service to other facilities will depend on other agencies, such as Cupertino Unified School District and their interest in collaborating on the solution. An order of magnitude cost in our mid-year proposal for a Memorial Park only trained dog program, five days per week for six months would be about $1,400 to $1,500 per month. Users of our facilities may be alarmed to see off-leash dogs chasing the Canada geese even though the handlers and the dogs have vests indicating their company name. Notices at Memorial Park and other potential locations would be placed at each location prior to beginning work with trained dogs and handlers. Additional public education would occur on the city website. A second action that is being considered is to install a short (less than 18 inch), unobtrusive, and easy to set up and remove rope or cable barrier around the perimeter of the ponds at Memorial Park. Perimeter barriers around the pond would deter geese from being able to simply waddle in and out of the pond and would make Memorial Park a somewhat less desirable site. Concerns to 250 monitor with this possible barrier would be vandalism and negative reaction regarding aesthetics. The estimated cost for this barrier if done at both separate ponds is $17,000. Descriptions of some of the most common strategies are included in Attachment D. We may choose to augment the dog service and pond perimeter barrier with some other harassment tactics such as coyote decoys, or other methods that we learn from our Goose Summit that have been successful for other agencies in similar situations. _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Timm Borden, Director of Public Works Reviewed by: Approved for Submission by: David Brandt, City Manager Attachments: A-Goose Survey B-GeesePeace – Geese Seasons C-GeesePeace – 2012 Model Program D-Common Goose Management Practices 251 AttachmentA 252 253 254 AttachmentC GeesePeace 2012: www.geesepeace.comà email: info@geesepeace.com GP eeseeace à a model program for Communities Canada geese and other wildlife live within or at the fringe of sometimes places them in conflict with us. Our challenge is to dthe transitional space with minimal harm to the wildlife or disrupti natural areas. Objectives Manage resident Canada geese through population stabilization, h so that the numbers of geese are in balance with other wildlife and no longe in parks, public areas and recreational facilities. Create a model program for the management of Canada geese that i and non-controversial and engages the whole community in a coordinated, coop Educate the public on the history of Resident Canada geese, thei and why recreational feeding of geese and other wildlife is bad for the wildlife and nity. Resident Canada Geese Behavior - Overview The GeesePeace program uses adaptive management; adjusting timing and strategi and adjusting to changes in geese behavior during the year. March to mid May: During mating and nesting (Late February through mid May) the are in pairs, not in flocks. Resident geese When resident Canada geese begin nesting in late March and early the male (sentinel) goose is close by. Juvenile geese (under three years of age) do not nest, but may pair up or congregate in flocks. During the mating and nesting period geese should not be chased area which is close to human activity (like and entrance to a buf geese are chased during this period they will just find another nesting site nearby resulting in ÅwaÃinÆ goslings. Mid May to late June: In early May, when nesting is completed the resident Canada gees look for a safe place to molt. Since the plan includes extensive egg oiling, there will be no or only a few goslings allowing the resident geese to 1, 2 leave on a molt migration. Late June to mid August: Most geese leave on a molt migration. Only injured geese and those geese that had goslings remain at the site. Most geese are flightless by mid June. Late August and on: Geese in other areas will have completed their molt so it is possible that geese from these locations will visit program sites as part of their pond hopping after the molt. In September the numbers of geese may increase with the start of the early hunting season as geese may fly out suburbs and cities. 1 Cornell University et al. 2004 Molt Migration of Atlantic Flyway Resident Population Canada Gee, 2 LUUKKONEN, PRINCE, Movements and Survival of Molt Migrant Canada Geese from Souther MYKUT; The Journal of Wildlife Management 72(2):449Ã462; 2008 256 GeesePeace 2012: www.geesepeace.comà email: info@geesepeace.com Program Plan (Mandatory) Resident Canada Geese Population Stabilization Canada geese population stabilization is a regional/area wide activity. Wh-wide basis the possibility of walk in goslings from other location is Meet with stake holders and Community leaders to plan for a coordinated effort December-March: to locate geese nests in the program area with the intent of tre possible to stabilize the current population of resident Canada : Contact property owners and others in the program area whose properties are likely Jan - March to have nesting geese. The egg depredation will be conducted by teams organized by the community and others who are participatin Conduct training seminars on geese biology, locating geese nests, safe interac March geese, personal safety, laws and regulations related to Canada g protocols, data collection and team coordination. These seminarsram manager community or other stakeholders in the area. GeesePeace seminars when requested by the community. Locate nests, treat eggs using GeesePeace protocols which inclu April: oil, egg replacement and strategic nest destruction. If nests are destroyed the nest for two weeks or she may just rebuild the nest nearby and l a goose will not be allowed to nest in an area which places her ect conflict with people, e.g. at entrances to buildings. In these cases the nest will be taken d understanding that the goose may possibly re-nest. In all cases the eggs will be tested by placing one in water. If the egg floats this means the air sac has developed in the egg and it in development to treat according to GeesePeace and Humane Socie protocols. Take down nests so as to set the stage for a molt migration. Early May: (Optional) Site Aversion When nesting is over in early May, geese walk (if they have gosl The water body gives them sanctuary from predators when the gees the GeesePeace program the geese do not have goslings so they do not need to choose a water body close to where they had nested. They are able to leave their nes go on a molt migration. When the area has had a history of abunmay be necessary to use a Border collie a kayak or gas powered boat to assure that the geese leave the in before they molt. The Border collie is perceived by the geese as a threat on land Border collie: because the Border collie continues the flush in a kayak or gas powered boat. Geese normally escape a land predator by going into the water. By bringing the or boat, the water sanctuary is no longer available to the geesethe first year this may take more effort than in subsequent years because area. In the second year and beyond, the resident geese leave s molt migrate and know they cannot escape the Border collie. Operations begin approximately the second week in May and conti Period of operation: mid June or early July depending on how long it takes for the ge GP eeseeace à 2012 2 Page 257 GeesePeace 2012: www.geesepeace.comà email: info@geesepeace.com three days it may take about an hour to get the geese to leave the area. They may return several times in the day and each time they are flushed from the area. they cannot defeat the Border collie team (one Border collie, tw powered boat for large water bodies). The geese may continue to return, how frequency and when they do return they leave quickly. The numbe so that by mid June all geese that can fly are gone from the areturn until late September of early Oct. Some communities may wish to continue the program through the fall and winter as migratory birds fly in from the north or the resident Canada geese begin pond ho primarily roost at night near water bodies and spend the day light hours in open fi them very vulnerable to the Border collie. Inexpensive (under $ twilight (or dawn) are effective in getting the geese to move awg areas like beaches and boat docks so they roost elsewhere on water bodies which are roosting, then the lasers used at twilight or dawn get them to m Border collie operations generally end in late February in areas where nesting will occur to avoid chasing nesting geese and increasing the difficulty of locating (non-nesters) in an area, these gees may be flushed form the site tak preparing to nest. All handlers and boat drivers and the Border collies wear perso Safety: engaged in water operations. The Border collie wears a yellow li Border collie as a working dog, increase endurance in the water and make the Border collie more visible to the geese from the air. Handlers are hired out of the local community, are community st Handlers and Border collies: or volunteers. The Border collies are housed in the area or stays. The Border collie host family generally receive a stipend for the care of the bord If a commercial Border collie company is hired for site aversion they should agree to c and operational protocols. Supplementary site version strategies: Low powered lasers (green or red). Use these in the early mornin levels. If geese are on a small water body point the low powered the geese can see and zigzag the beam in rapid motion. Landscaping: For small ponds, tall grasses or bushes at the edge nervous because they cannot see potential predators. (Mandatory) No feeding Program Recreational feeding of Canada geese at GeesePeace program sites should not be permitted. Feeding bread, corn or other ÅtreatsÆ to geese increases the pro gives them an incentive to stay in the area and may keep them fr It also causes geese to approach people who may be afraid of geese. When there are goslings present feeding the goslings may cause Åangel wingÆ which is a d rapid growth of feathers as result of a high protein diet (bread geese to congregate in the feeding area increasing the nuisance l become aggressive as they fight over the food. GP eeseeace à 2012 3 Page 258 GeesePeace 2012: www.geesepeace.comà email: info@geesepeace.com Expected Results Parks and recreation areas in the program area and partner entitnce a significant reduction in the numbers of geese and related conflict by Memori June. In September there may be an increased number of geese whe begins in September, driving the resident geese from the rural areas into the cities. After three years there will be a dramatic reduction in geese nu nesting period. The juvenile geese (under three years old) who w program began will have found another place to nest because they will have lear they were born is not a good place to nest or molt. The geese w continue to do so, but will leave soon after nesting season endsearly May) and start on a molt migration by early June. After three years the site aversion com to cover only the period of early May to the first or second wee feeding geese has totally stopped, the site aversion program may not be necessary at all just to remind the geese itÈs time to get moving. The geese will their molt migration the better it is for them since they know tnnot molt in the program area and in previous years they have found an alternative place to molt, Each year there may still be geese in the area if nests were mis will be a positive addition to the natural areas. In the following year they too will joi flocks. As more and more communities/areas in implement an egg oiling pr population will be stabilized with a significant reduction in thmbers staying in the area during the spring, summer and fall as more and more of the resident geese w they do not have goslings keeping them in the program area. GP eeseeace à 2012 4 Page 259 GeesePeace 2012: www.geesepeace.comà email: info@geesepeace.com Resident Canada geese -à Why they are here à Helping them leave The resident Canada geese nesting and molting in the program area are the descendents of captured migratory Canada geese. th During the first half of the 20 century, migratory geese were captured for use as live decoys. resident Canada geese in are the descendents of these captive migratory geese. The cap flight feathers clipped, sometimes with light weights on their l geese into lakes, wetlands and rivers during the great Canada ge the spring and fall. These captive geese were also bred in captivity. As a con have biological need to migrate to Canada since geese nest in th The near extinction of Canada geese populations - Creating the current conflict By the early 1960Ès, because of the increased hunting efficiency decoys, the migratory Canada geese population was threatened wit flocks were mostly gone. To counter this near extinction, the US Fish and Wildlife Service many State wildlife agencies began a program of re-population of wild Canada geese. They did this by taking the eggs from the nests of the surviving resident Canaincubated these eggs while the geese laid another clutch (double clutch). such as nesting tubs which raised nests above ground, further in predation of nests by other wildlife. By the early 1990Ès this repopulation effort was halted because it resulted in large resident geese populations in cities and su The resident Canada geese population Unfortunately, the geese born as a result of the Canada geese rehave the imperative to nest in Canada since they are born here. Resident ancestors were forced to nest. And since the climate is temperat not freeze for long periods of time, the resident Canada geese have no need to fly south to find open water and grass in the winter. Although in harsh weather they wi time needed to find open water. Migratory geese nest in Canada b born. Even when it is 10 degrees Fahrenheit, as long as the geese can fi The water is 32 degrees and the geese have down on their bellies from the cold water. Resident Canada geese nest in the early spring and have their goslings in May. They must stay in the area to protect and raise their goslings. The goslings cann after their parent geese molt which begins in June. Therefore, goslings are biologically ÅtrappedÆ in the area where they had nested Canada geese under three years of age (juveniles) do not nest, a juvenile geese and adult geese with and without goslings leave their nesting areas to a safe location to molt (naturally lose flight feathers). This generally is an a sanctuary and nearby grass for food. Canada geese and goslings predators during the molt and need a water body for sanctuary. Compounding the situation ot geese that may have nested in nearby areas walk their goslings t GP eeseeace à 2012 5 Page 260 GeesePeace 2012: www.geesepeace.comà email: info@geesepeace.com school grounds and molt there. Also, some juvenile geese (non-nesters) from other places in the neighboring counties who are looking for a good place to nest an the program area. The geese that do not Åmolt migrateÆ and goslings cannot leave u are again able to fly. Until then, they are trapped because they are flightless. This is a cause of frustration with Canada geese because it seems no matter what on they cannot. Unfortunately, this period coincides with the startactivities and continues into summer vacation times when people are out in Molt Migration Fortunately, resident Canada geese without goslings (juveniles a have an option to find a distant place to moltthey are biologically trapped in the area. When , before geese without goslings leave their nesting area it is called a Å migration, which begins in early June, can take the geese hundre confirmed by studies on molt migration conducted by Cornell University and t They placed satellite tracking devices on geese without goslings nesting areas in early June and did not return until late Septemd in James Bay, in Canada. Also, during the months of September through February, resident pond so they are aware of many possible good areas to molt, many for communities. Why do resident geese go on a molt migration? Geese have a built in mechanism to fly north in the spring (ironà a built in compass). Canada is a much better place to molt becaus spring and summer and abundant water and grasslands. GP eeseeace à 2012 6 Page 261 ATTACHMENTD Common Goose Management Practices NoFeedOrdinance ManycommunitieslocallyandthroughouttheCountryarefacingasimilarproblemwithCanadageese. Althoughmostcitiesthathavefoundanysuccessinmanagingtheproblemdosowithmultiple techniques,thepredominantconclusionisthata{bšC;;7|ordinancehasthegreatestimpact. Pros:EffectiveinmakingasitelessattractivetoCanadageese.Thisisconsideredasanecessary approachbytheHumaneSocietyoftheUnitedStatesandGeesePeace. Cons:Themostdifficultpartofimplementingthistoolisinensuringthecommunityiswillingtoenforce thecode.Inthepast,theCityCouncilandtheParksandRecreationCommissionhaveadvocatedfor educationratherthanmorepunitivemeasuresrelatedtofeedingthegeese.Enforcementofan ordinancealsowouldrequirethededicationofresources. HarassmentorHazing Pros:Thismaybeaneffectivewaytocontrolthelocalpopulation.Thisistypicallyachievedusing traineddogswithtrainedhandlers.Thehandlerarrivesatthesiteatrandomtimesandmanagesthe dogswithvoiceandwhistlecommandstomovethegeeseoffofthedesiredarea.Onecontractorthat wespoketoalsowilluseradiocontrolled(RC)boatsifthegeesefleetodeeperwater;howeverthe MemorialParkpondsareshallowenoughthatthismaynotbenecessary. Cons:Wealreadyreceivephonecallsandemailsfrompeoplethatareupsetwiththeparkpatronsthat allowtheirdogsandchildrentoharassthegeeseandducks.Thereisalsoanongoingexpenseasthis typicallyreducesthenumbersofgeeseovertimebut7š;­“x·completelyfreethesiteofthenuisance. 1 262 StrobeLightsorLasers Pros:Inexpensive.Unitscost$350eachandcoveranareaapproximately3acresinsize.Memorial Parkwouldrequire5or6units. Cons:Theprimaryproblemwithstrobesandlasersisthattheyusuallyeffectiveonlyindarkorlowlight conditions,astheyareintendedtodisruptsleepingpatternsofroostinggeese,whichisnotapplicableat ourCitysites.Vandalismisalsoaconcernastheyareeitherfloatedonthesurfaceofthewateror auguredintotheground.ThesecouldpotentiallydisturbneighborsattheCommons,theapartment complexwestofthepark,andtheresidentsonChristensenDr. SprayingChemicals Pros:Thisisaneffectivewaytocorralgeesetoanunusedareaofapark. Cons:Veryexpensivewaytocontrolgeese.CoststoimplementatMemorialParkareapproximately $50,000$70,000peryear.Thesechemicalsneedtobeappliedaftereverymowing(inourcaseevery week).Parkclosureintheeveningsthatchemicalsareappliedwouldbeaninconveniencetopark patrons.Parkwouldneedtobeclosedduetopotentialeye,skin,andinhalationirritation.Thismethod isintendedforparksareaswhicharemoreruralinnature. 2 263 DoryPolesw/Mylar,WireGrid,LowBarrierorPlantingsAroundPond Pros:TypicallylowcostandassistswithmakingafacilitylessattractivetoCanadageese.Thismaykeep thegeesefromlandinginthepond.Dorypolesw/Mylarwouldbeleastcostlyapproach. Cons:Dorypolesw/MylararelikelytobevandalizedandincreasinglylesseffectiveastheCanadageese becomeacclimated.Awiregridoverthewaterwouldbeunsightlyandmakemaintenanceoftheponds moretimeconsumingandintense.TheestimatedcosttoinstallropebarriersforbothMemorialPark pondsis$17,000.ThepondsareemptyfrommidNovembertotheendofMarch.Duringthistimewe havenotseenanyappreciablenumberofgeesedeterredfrominhabitingthepark.Thewaterfeatureat MemorialParkisnotthesoleattractionofCanadageesetothepark. PropaneCannons,Sirens,andotherNoiseMakers Pros:Effectiveandnotexpensive. Cons:Excessivenoisewoulddisturbnearbyresidentsandparkpatrons.Thesemethodsaremeantfor moreruralsettings. 3 264 Decoys Pros:Inexpensiveapproachalthoughnotmeanttoproduceresultsbythemselves. Cons:TheMuteSwanswereonlyeffectiveforashortperiodoftimeeventhoughtheyweremoved aroundonaregularbasis.Vandalismortheftofthedecoysisprobable.TheCityofCampbellhas successfullyusedcoyotedecoysaswellassprayingareaswithcoyoteurine.Thismaybeapracticaland somewhatinexpensivepracticetotry. EggHarvesting(addling) Pros:Shakingoroilingtheeggstokeepthegoslingsfromhatching. Cons:Atthistimethegeesearenotlayingtheireggsatourfacilities.Somehatchlingsarecomingfrom thepercolationpond(SantaValleyWaterdistrict)onBubbroadbehindthe711.Webelieveasmall numbermaybehatchedinthe{/š’’š“­|complexacrossfromMemorialPark.Acoordinatedeffort withtheseentitieswouldberequiredtoaccomplishthisundertaking.Itisourbeliefthatmostofthe localgeesearelikelynestingandroostingalongthebayatandnearthePaloAltoBaylandsand ShorelineParkinMountainView.ApermitisrequiredfromtheDepartmentofFishandGame. 4 265 ExterminationorRelocation Pros:Atleasttemporarilyremovesnuisance.FishandGamecanissuepermitsfortheactivityupon requestfromagency. Cons:Publicsentimentopposingthisactionwouldlikelybeveryhigh.Otherbirdswouldlikelycome backinshorttime.SomecommunitiesthroughouttheUnitedStateshavetakenthisstep,butitis typicallyaftermanyyearsofotherfailedefforts. 5 266