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Searchable packet 12-17-13 Table of Contents Agenda3 Proclamation to Cupertino Librarian Nancy Howe recognizing her work for the Santa Clara County Library District No written materials8 Proclamation celebrating the 35th Anniversary of the Toyokawa, Japan and Cupertino, USA Sister City relationship No written materials9 Proclamation to the Toyokawa Sister City Committee No written materials10 Presentation of Fine Arts Commission Annual Report No written materials11 Approve the November 19 City Council minutes A - Draft Minutes12 Approve the December 3 City Council minutes A - Draft Minutes19 Accept Accounts Payable for period ending November 8, 2013 A - Draft Resolution23 Accept Accounts Payable for period ending November 15, 2013 A - Draft Resolution31 Accept Accounts Payable for period ending November 27, 2013 A - Draft Resolution43 Declare weeds a nuisance and set hearing date of January 21 for objections to proposed removal Staff Report51 A - Draft Resolution53 First Amendment to the Employment Contract for the City Attorney Staff Report55 A - First Amended Employment Contract for City Attorney56 Authorize a new position category for Public Works in the salary schedule of the Unrepresented Employees Compensation Program Staff Report71 A - Draft Resolution73 B - Redline Amended Unrep Employee Comp Program74 Grant additional time or payouts to key staff members on the Apple Campus 2 project Staff Report81 Alcoholic Beverage License for Shanghai Family Restaurant, 10877 N Wolfe Road Staff Report83 A - Application84 Alcoholic Beverage License for Extraordinary Soup & More, 20371 Stevens Creek Boulevard 1 Staff Report87 A - Application88 Alcoholic Beverage License for Beijing Duck House, 10883 S. Blaney Avenue, Suite B Staff Report89 A - Application90 Council Committee assignments No written materials91 Public Works Construction Project Updates No written materials92 2 AGENDA CUPERTINO CITY COUNCIL ~ REGULAR MEETING 10350 Torre Avenue, Community Hall Council Chamber Tuesday, December 17, 2013 6:00 PM CITY COUNCIL MEETING ROLL CALL – 6:00 PM CLOSED SESSION 1.Subject: Conference with Real Property Negotiator (Gov't Code 54956.8); Property: 10800 Torre Avenue, Cupertino, CA 95014; Negotiating Parties: Public Works Director and Jee Sung Lee; Under Negotiation: Price and terms 2.Subject: Conference with Real Property Negotiator (Gov't Code Section 54956.8); Property: 21111 Stevens Creek Boulevard, Cupertino, CA 95014; Negotiating Parties: Public Affairs Director and AT&T; Under Negotiation: Price and terms PLEDGE OF ALLEGIANCE – 6:45 PM ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3.Subject: Proclamation to Cupertino Librarian Nancy Howe recognizing her work for the Santa Clara County Library District Recommended Action: Present proclamation No written materials Page: No written materials in packet 3 Tuesday, December 17, 2013 Cupertino City Council 4.Subject: Proclamation celebrating the 35th Anniversary of the Toyokawa, Japan and Cupertino, USA Sister City relationship Recommended Action: Present proclamation No written materials Page: No written materials in packet 5.Subject: Proclamation to the Toyokawa Sister City Committee Recommended Action: Present proclamation No written materials Page: No written materials in packet 6.Subject: Presentation of Fine Arts Commission Annual Report Recommended Action: Accept the report No written materials Page: No written materials in packet 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. 7.Subject: Approve the November 19 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 12 8.Subject: Approve the December 3 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes Page: 19 4 Tuesday, December 17, 2013 Cupertino City Council 9.Subject: Accept Accounts Payable for period ending November 8, 2013 Recommended Action: Adopt Resolution No. 13-104 accepting Accounts Payable for period ending November 8, 2013 A - Draft Resolution Page: 23 10.Subject: Accept Accounts Payable for period ending November 15, 2013 Recommended Action: Adopt Resolution No. 13-105 accepting Accounts Payable for period ending November 15, 2013 A - Draft Resolution Page: 31 11.Subject: Accept Accounts Payable for period ending November 27, 2013 Recommended Action: Adopt Resolution No. 13-106 accepting Accounts Payable for period ending November 27, 2013 A - Draft Resolution Page: 43 12.Subject: Declare weeds a nuisance and set hearing date of January 21 for objections to proposed removal Recommended Action: Adopt Resolution No. 13-107 declaring weeds a nuisance and setting hearing date of January 21 for objections to proposed removal Staff Report A - Draft Resolution Page: 51 13.Subject: First Amendment to the Employment Contract for the City Attorney Recommended Action: Approve the Amendment to the Employment Contract for the City Attorney Staff Report A - First Amended Employment Contract for City Attorney Page: 55 14.Subject: Authorize a new position category for Public Works in the salary schedule of the Unrepresented Employees Compensation Program Recommended Action: Adopt Resolution No. 13-108 amending the Unrepresented Employee Compensation Program adding new position category Staff Report A - Draft Resolution B - Redline Amended Unrep Employee Comp Program Page: 71 5 Tuesday, December 17, 2013 Cupertino City Council 15.Subject: Grant additional time or payouts to key staff members on the Apple Campus 2 project Recommended Action: Grant additional time or payouts to the City Manager and City Attorney; Authorize the City Manager to grant additional vacation hours or payouts to key staff on the Apple Campus 2 project Staff Report Page: 81 16.Subject: Alcoholic Beverage License for Shanghai Family Restaurant, 10877 N Wolfe Road Recommended Action: Approve Alcoholic Beverage License for Shanghai Family Restaurant Staff Report A - Application Page: 83 17.Subject: Alcoholic Beverage License for Extraordinary Soup & More, 20371 Stevens Creek Boulevard Recommended Action: Approve Alcoholic Beverage License for Extraordinary Soup & More Staff Report A - Application Page: 87 18.Subject: Alcoholic Beverage License for Beijing Duck House, 10883 S. Blaney Avenue, Suite B Recommended Action: Approve Alcoholic Beverage License for Beijing Duck House Staff Report A - Application Page: 89 SECOND READING OF ORDINANCES PUBLIC HEARINGS 6 Tuesday, December 17, 2013 Cupertino City Council ORDINANCES AND ACTION ITEMS 19.Subject: Council Committee assignments Recommended Action: Make assignments No written materials Page: No written materials in packet REPORTS BY COUNCIL AND STAFF 20.Subject: Public Works Construction Project Updates Recommended Action: Present report No written materials Page: No written materials in packet ADJOURNMENT Note: The January 7 meeting has been cancelled. The next regular meeting is on January 21. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal .096. Contact the City Clerk’s office for more information or go to Code §2.08 http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. 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. 7 CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject: Proclamation to Cupertino Librarian Nancy Howe recognizing her work for the Santa Clara County Library District NO WRITTEN MATERIALS IN PACKET 8 CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject: Proclamation celebrating the 35th Anniversary of the Toyokawa, Japan and Cupertino, USA Sister City relationship NO WRITTEN MATERIALS IN PACKET 9 CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject: Proclamation to the Toyokawa Sister City Committee NO WRITTEN MATERIALS IN PACKET 10 CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject: Presentation of Fine Arts Commission Annual Report NO WRITTEN MATERIALS IN PACKET 11 DRAFTMINUTES CUPERTINO CITY COUNCIL RegularAdjourned Meeting Tuesday, November 19, 2013 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 5:04 p.m. Mayor Orrin Mahoney called the City Council meeting to order in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation recognizing Nathan Desai for earning the highest Boy Scout ranking of Eagle Scout Recommended Action: Present proclamation Mayor Mahoney presented the proclamation to Nathan Desai. 2. Subject: Proclamation for the De Anza Optimist Club of Cupertino Recommended Action: Present proclamation Mayor Mahoney noted that the proclamation had already been picked up by the recipient. POSTPONEMENTS -None 12 Tuesday, November 19, 2013 Cupertino City Council ORAL COMMUNICATIONS Bill Mannion invited Council and residents to a presentation from the Cupertino Historical Society regarding the history of the Cupertino Veteran’s Memorial. The free presentation is scheduled for Tuesday,November26,beginning at 6:30 p.m. in the Cupertino Room at Quinlan Community Center. Nagaraja Kolur said that his rent had been recently raised 25%. He asked Council to look into rent control in Cupertino. Mr. Kolur distributed a copy of his lease and a letter/petition from the residents of Verandas at Cupertino Apartments to the Cupertino City Council. Shekhar Dhongade also talked about issues with rising rent in Cupertino and the need for these rent hikes to be contained. Shailee Samar and a fellow student showed a PowerPoint presentation on Walk-One- Week sponsored by Monta Vista High School. She explained that students walk to school for one week in order to raise money for their school clubs and that she hopes to encourage other schools to participate in the program. Cupertino Library Commissioner Annie Ho thanked Council for approving funds for the new story room and book return shade. She also introduced new Cupertino Librarian Gayathri Kanth. Kathleen Cook invited Council and residents to participate in the Ninth Annual Applied Materials Silicon Valley Turkey Trot, 5K walk and run, on Thanksgiving morning, November 28. She noted this is a fund-raiser to support local charities. Jeff Rangel, Director of Corporate Affairs at Brocade explained the Council’s participation in the Turkey Trot Mayor’s Cup event. Kevin Zurick, CEO Housing Trust of Silicon Valley also encouraged Council to participate in the Turkey Trot in order to help raise funds for critical charity programs in the area. Lisa Warren noted that she had sent an email to Council explaining her concern with the Main Street project. She said that the style of architecture isn’t the same as what was promised to the residents. 13 Tuesday, November 19, 2013 Cupertino City Council Director of Community Development Aarti Shrivastava explained the status of the Main Street project. CONSENT CALENDAR Wongmoved and Sinksseconded to approve the items on the Consent Calendar. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. 3. Subject: Approve the November 4 City Council minutes Recommended Action: Approve the minutes 4. Subject: Accept Accounts Payable for period ending October 18, 2013 Recommended Action: Adopt Resolution No. 13-096 accepting Accounts Payable for period ending October 18, 2013 5. Subject: Accept Accounts Payable for period ending October 25, 2013 Recommended Action: Adopt Resolution No. 13-097 accepting Accounts Payable for period ending October 25, 2013 6. Subject: Accept Accounts Payable for period ending November 1, 2013 Recommended Action: Adopt Resolution No. 13-098 accepting Accounts Payable for period ending November 1, 2013 7. Subject: Treasurer’s Investment Report for Quarter Ending September 2013 Recommended Action: Accept the report 8. Subject: Consideration and Approval of the First Quarter Financial Report for Fiscal Year 2013-2014 Recommended Action: Accept the City Manager’s First Quarter Financial Report for Fiscal Year 2013-2014 9. Subject: City Financial Reports for Fiscal Year Ending June 30, 2013 Recommended Action: Accept the reports 10. Subject: Authorize a new position category in the salary schedule for the Unrepresented Employees Compensation Program Recommended Action: Adopt Resolution No. 13-099 amending the salary schedule for the Unrepresented Employees CompensationProgram 14 Tuesday, November 19, 2013 Cupertino City Council 11. Subject: Amend the July 1, 2013 through June 30, 2016 terms and conditions of employment for the Cupertino City Employees’ Association (CEA) and Operating Engineers Local Union No. 3, AFL-CIO (OE3) Recommended Action: a) Adopt Resolution No. 13-100 amending a Memorandum of Understanding (MOU) between the City of Cupertino and the Cupertino City Employees’ Association, and b) Adopt Resolution No. 13-101 amending a Memorandum of Understanding between the City of Cupertino and Operating Engineers Local Union No. 3, AFL-CIO; and c) Adopt Resolution No. 13-102 directing the City Manager to amend the Administrative Rules and Regulations of the Personnel Code to reflect any changes to the Memorandum of Understanding 12. Subject: Adopt an updated Records Retention Schedule for the City of Cupertino Recommended Action: Adopt Resolution No. 13-094 rescinding Resolution No. 12- 039 and adopting a Records Retention Schedule for the City of Cupertino 13. Subject: Citizens’ Option for Public Safety (COPS) Grant Funds of $100,000 Recommended Action: Adopt Resolution No. 13-103 approving the 2013-14 COPS grant funding request SECOND READING OF ORDINANCES– None Council member Sinks recused himself from item number 14due to a conflict of interest and left the dais. PUBLIC HEARINGS 14. Subject: Second Reading of the Development Agreement and Rezoning ordinances to allow the development of an office, research and development campus with associated ancillary uses Recommended Action: A. Conduct the second reading and enact Ordinance No. 13- 2113: “An Ordinance of the Cupertino City Council approving the rezoning of an approximately 1.1 Acre Area from Park And Recreation (PR) To Planned Industrial Park (P(MP)) located at APN 316 06 050 and 316 06 051”, Z-2011-03; and B. Conduct the second reading and enact Ordinance No. 13-2114: “An Ordinance of the City Council of the City of Cupertino repealing Ordinance No. 1702 and Approving a New Development Agreement By and Between the City of Cupertino and Apple Inc. for the Development of a New Corporate Campus" Description: Applications: EA-2011-12, Z-2011-03, DA-2011-01; Applicant: Apple Inc. (Dan Whisenhunt); Property Owner: Apple Inc.; Location: Area bounded by East 15 Tuesday, November 19, 2013 Cupertino City Council Homestead Road, North Tantau Avenue, I-280, North Wolfe Road including properties located on the east side of North Tantau Avenue Written communications for this item included emails regarding Apple Campus 2. Ed Hirshfieldnoted strong support for the project. DarrelLum, speaking on behalf of the Concerned Citizens for Cupertino (CCC) noted appreciation of adding Section 3.14 to the Development Agreement and distributed two newspaper articles regarding traffic management associations. Wong moved and Chang seconded to read Ordinance No. 13-2113by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: Sinks (recused). Wong moved and Chang seconded to enact Ordinance No. 13-2113. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: Sinks (recused). Wong moved and Chang seconded to read Ordinance No. 13-2114 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, and Wong. Noes: None. Abstain: None. Absent: Sinks (recused). Wong moved and Chang seconded to enact Ordinance No. 13-2114. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: Sinks (recused). Council member Sinks returned to the dais. 15. Subject: Adoption of the 2013 California Building, Residential, Plumbing, Mechanical, Electrical, Fire, Energy and Green Building Standards Code as mandated by the State of California Recommended Action: Conduct the second reading and enact Ordinance No. 13- 2115: "An Ordinance of the City Council of the City of Cupertino Amending Chapter 16 of the Cupertino Municipal Code Adding Chapter 16.02 and Adopting the 2013 California Building, Residential, Plumbing, Mechanical, Electrical Codes, California Existing Building Code, California Green Building Standards Code with Certain Exceptions, Modifications, and Additions." 16 Tuesday, November 19, 2013 Cupertino City Council Wong moved and Chang seconded to read Ordinance No. 13-2115by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. Wongmoved and Changseconded to enact Ordinance No. 13-2115. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. ORDINANCES AND ACTION ITEMS 16. Subject: McClellan Ranch Preserve Environmental Education Center and Blacksmith Shop Relocation Project –augment existing budget with additional funding and authorize Staff to re-bid the project Recommended Action: 1) Augment existing budget with an additional $1,000,000 from Fund 429-Capital Reserve; 2) Authorize Staff to re-bid the project Director of Public Works Timm Borden reviewed the staff report. Jennifer Griffin noted the importance of this project for school children. Wongmoved and Santoroseconded to 1) Augment the existing budget with an additional $1,000,000 from Fund 429-Capital Reserve; and 2) Authorized Staff to re- bid the project. Wong amended his motion to include the addition ofa second bathroom to the project. Santoro accepted the amendment. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees and various community events. ADJOURNMENT Council held a moment of silence in memory of Barbara Juhl who made many contributions to Cupertino community. At 6:40 p.m., Mayor Mahoney recessed to a closed session. ____________________________ Grace Schmidt, City Clerk 17 Tuesday, November 19, 2013 Cupertino City Council Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse www.cupertino.org. Click on Channel 99 and are available at your convenience at Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. ROLL CALL At 6:40 p.m. Council recessed to a closed session. Present: Mayor Orrin Mahoney, Vice Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. CLOSED SESSION 17. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiators: Director of Administrative Services, City Manager, and Dania Torres Wong; Employee organizations: Operating Engineers Local No. 3 Union; Cupertino Employees' Association; Unrepresented (Management and Confidential) Employees' Compensation Program; Appointed Employees' Compensation Program 18. Subject: Public Employee Performance Evaluation (Government Code 54957) - City Attorney 19. Subject: Conference with Labor Negotiator (Government Code 54957.6); Agency designated negotiator: Timothy Davis; Employee organization: Appointed Employees' Compensation Program ADJOURNMENT 18 DRAFT MINUTES CUPERTINO CITY COUNCIL Regular Meeting Tuesday, December 3, 2013 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:50 p.m. Mayor Orrin Mahoney called the meeting to order in the Council Chamber, and led the Pledge of Allegiance. ROLL CALL Present: Mayor Orrin Mahoney, Vice-Mayor Gilbert Wong, and Council members Barry Chang, Mark Santoro, and Rod Sinks. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation for the De Anza Optimist Club of Cupertino recognizing their work for the Breakfast with Santa event Recommended Action: Present Proclamation Mayor Mahoney presented the proclamation to Mark Sarjeant. POSTPONEMENTS -None ORAL COMMUNICATIONS Barbara Rogers thanked Council for co-sponsoring and attending the Housing, Community & Longevity Forum on November 5 and noted three requests. She distributed her comments in writing. ELECTION OF MAYOR AND VICE MAYOR Vice Mayor Wong recognized the dignitaries in the audience. 19 Tuesday, December 3, 2013 Cupertino City Council 2. Subject: Council members elect Mayor Written communications for this item included a letter from Mayor of Toyokawa Minoru Yamawaki. Chang moved and Santoro seconded to nominate Gilbert Wong as Mayor. The motion carried unanimously. : Council members elect Vice Mayor 3. Subject Chang moved and Santoro seconded to nominate Rod Sinks as Vice Mayor. The motion carried unanimously. OATHS OF OFFICE : Mayor takes oath of office 4. Subject Santa Clara County Sheriff Laurie Smith swore in newly elected Mayor Gilbert Wong. 5.Subject: Vice Mayor takes oath of office Fremont Union High School District Board Trustee Hung Wei swore in newly elected Vice Mayor Rod Sinks. COMMENTS BY NEW MAYOR 6.Subject: Comments by new Mayor and presentation of gifts Incoming Mayor Gilbert Wong presented a gavel plaque to outgoing Mayor Orrin Mahoney. City Manager David Brandt presented a pen on behalf of staff to outgoing Mayor Orrin Mahoney. Mayor Wong thanked Sheriff Laurie Smith and Board Trustee Hung Wei for their participation in the ceremony. He also thanked Council and staff for their support, as well as his family. He gave a brief preview of what kinds of things Council would be working on in 2014 noting that more details would be given in his State of the City address on January 29. 20 Tuesday, December 3, 2013 Cupertino City Council COMMENTS BY COUNCIL MEMBERS AND PUBLIC 7.Subject: Comments by Council members Council members took turns making comments. 8. Subject: Members of the audience are invited to speak The following individuals spoke welcoming the new Mayor and Vice Mayor: Kevin McClellan, Cupertino Chamber of Commerce Cupertino Chamber Board membersTimone Norimoto with PG&E,John Zirelli with Recology, Mahesh Nihalani Winnie Lee, Planning Commissioner Steven Ting Patrick Kwok, Santa Clara Valley Water District Board member Mayor Wong introduced the members of the Far East Dragon Lion Dance Association (FEDLDA), who performed a traditional Chinese dance in honor of the ceremony. RECEPTION : The public is invited to attend a reception in the lobby 9. Subject Mayor Wong invited the public to attend a reception in the lobby. ADJOURNMENT At 7:40 p.m., the meeting was adjourned. ____________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the City Council meeting are available for review at the City Clerk’s Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. 21 Tuesday, December 3, 2013 Cupertino City Council Most Council meetings are shown live on Comcast Channel 26 and AT&T U-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject Declare weeds a nuisance and set hearing date of January 21 for objections to proposed removal. Recommended Action Adopt draft resolution. Discussion Chapter 9.08 of the Cupertino Municipal Code requires property owners to remove or destroyweeds on their property for fire protection. The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner doesn’t, and allow the County to recover the costs of abatement. *Please note that any fees waived by the Council will be billed to the City by the County to cover their cost of servicing the property. The process consists of eight steps that begin in November and go through August of each year. At this timethe process is at Step No. 2 on the list. 1. County prepares a list of all properties that have been non-compliant in removing weeds in the last three years and provides that list to the City (Nov). 2. City Council adopts a resolution declaring weeds a nuisance and setting a hearing date to hear objections by property owners to having their name on the list (Dec). 3. County sends notice to the property owners on the list notifying them of the hearing date and explaining that they must remove weeds by the abatement deadline of April 30 or it will be done for them, and the cost of the abatement plus administrative costs assessed to their property (Dec). 51 4. City Council holds the hearing to consider objections by property owners and adopts a resolution ordering abatement (Jan). 5. County sends a courtesy letter to property owners on the list notifying them again of the abatement deadline and noting that they will work with the property owner to be sure the weeds are removed (Jan). 6. After April 30, the properties are inspected by the County to verify that weeds were removed and proceeds with abatement if the inspection fails. County makes an assessment list of all costs associated with the abatement and provides that list to the City (June-July). 7. City notifies the property owners on the assessment list notifying them of the hearing date. (July-Aug). 8. City Council holds a hearing, notes any disputes, and adopts a resolution putting a lien assessment on the properties to allow the County to recover the cost of weed abatement (July-Aug). _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A -Draft Resolution 52 RESOLUTION NO. 13- A RESOLUTION OF THE CUPERTINO CITY COUNCIL DECLARING WEEDS ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A HEARING FOR OBJECTIONS TO PROPOSED REMOVAL WHEREAS, weeds are growing in the City of Cupertino upon certain streets, sidewalks, highways, roads and private property; and WHEREAS, said weeds may attain such growth as to become a fire menace or which are otherwise noxious or dangerous; and WHEREAS, said weeds constitute a public nuisance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cupertino as follows: 1. That said weeds do now constitute a public nuisance; 2.That said nuisance exists upon all of the streets, sidewalks, highways, roads and private property more particularly described by common names or by reference to the tract, block, lot, code area, and parcel number on the report prepared by the Agricultural Commissioner and attached hereto; 3. That the 21st day of January, 2014, at the hour of 6:45 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber in the Community Hall, City of Cupertino, is hereby set as the time and place where all property owners having any objections to the proposed removal of such weeds may be heard; 4. That the Agricultural Commissioner is hereby designated and ordered as the person to cause notice of the adoption of this resolution to be given in the manner and form provided in Sections 9.08.040 of the Cupertino Municipal Code. 53 Resolution No. 13- Page 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17thday of December, 2013, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ______________________ ________________________________ Grace Schmidt, City Clerk Gilbert Wong, Mayor, City of Cupertino 54 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 1010300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject First Amendment to the Employment Contract for the City Attorney. Recommended Action Approve the Amendment to the Employment Contract for the City Attorney. Description The City Council held its annual evaluation of the City Attorney on Tuesday, November19, 2013. The Council desires to consider increasing the compensation to the City Attorney. The Council also desires to consider providing the City Attorney with benefits through a retiree-only health reimbursement arrangement (HRA) covering the City Attorney when she retiresfrom the City that will provide monthly benefits to her that equal the amount she has to pay in retiree medical premiums, for employee plus one dependant coverage in a health plan provided by the City of Cupertino, of her choosing. The attached first amended contract is submitted for Council consideration of an annual salary increase of $21,468 ($1,789 per month) which will provide the City Attorney with a total monthly salary of $20,468.76, and for implementing a retiree-only HRA for the City Attorney. No other changes were made to the terms and conditions of the existing contract. Fiscal Impact Approval of the above salary increase will increase the Fiscal Year 2013-14 budget appropriation by $21,468. The HRA does not create a fiscal impact until the City Attorney retires from the City and then the impact will depend on various factors. Prepared by: Carol A. Atwood, Director of Parks and Recreation Services; Director of Administrative Services Reviewed by: Timothy L. Davis, Partner, Burke, Williams & Sorensen, LLP Attachments: A – First Amended Employment Contract for City Attorney 55 FIRST AMENDED EMPLOYMENT CONTRACTFORCITYATTORNEY ThisFirst AmendedEmploymentContractismadeandenteredinto th this 17dayofDecember, 2013, by and betweenthe CITY OF CUPERTINO, STATEOFCALIFORNIA,aMunicipalCorporation,byand throughits City Council(EMPLOYER),and Carol Korade(EMPLOYEE). RECITALS: A.EMPLOYER isaMunicipalCorporationoftheStateof California. B.The City Council of the City of Cupertino, in accordancewiththe provisions ofitsMunicipalCode,desirestoemploy theservices of EMPLOYEEas theCityAttorney. C.EMPLOYEEdesirestoreinstatefromretirementandaccept employment as Cupertino CityAttorney. D.ItisthedesireofbothEMPLOYERandEMPLOYEE toset forththe termsandconditionsofsaidemployment. NOWTHEREFORE,inconsideration ofthemutualcovenantsherein contained, thepartiesagreeasfollows: 1 Revised 12.17.13 56 ARTICLEITERMOFEMPLOYMENT 1.Section1.01.Term of theContract: ThisContractoriginally beganonthedatethePERSemploymentand group status ofEMPLOYEEwas finalized,unlessextendedbywritten agreementof theparties,andwill automaticallyexpireonAugust31,2015, unlessextendedinwritingbytheparties. On orwithin30daysofAugust31, 2014,EMPLOYEEshallnotify EMPLOYERofthe expirationdateofAugust 31, 2015. In the eventthatEMPLOYERdoesnotintendto extendthis Contractbeyond expiration,itshallnotifyEMPLOYEEinwritingofitsintent nottoextendpriortotheeffectivedateofexpiration. Failureofthe EMPLOYERto providesuchnoticeshallnotaffecttheexpirationdateofAugust 31,2015. Section1.02.TerminationsPriortoExpiration: Notwithstandingany provision containedinthisContracttothecontrary,EMPLOYEEunderstands andagreesthatshe servesatthepleasureofEMPLOYERandmaybeterminated priortoexpirationofthis ContractatthewillofEMPLOYER,subjectonlytothe severanceprovisions setforthin ArticleVofthisContract,andtheordinance provisionsassetforthinSection2.18.110of theCupertinoMunicipalCode.In likemanner,nothinginthisContractshallprevent, limit,orotherwiseinterfere withtherightofEMPLOYEEtoresignatanytimefromthe positionofCity AttorneysubjectonlytothenoticeprovisionssetforthinArticleVof this 2 Revised 12.17.13 57 ContractandtheordinanceprovisionsassetforthinSection2.18.110ofthe CupertinoMunicipalCode. EMPLOYEEfurtheracknowledgesthat EMPLOYERhas madeno implied, expressed,orwrittenassurances ofcontinuedemploymentwiththe CityofCupertino otherthanasspecificallysetforthinthisContract. ARTICLEII DUTIESAND OBLIGATIONSOF EMPLOYEE Section2.01.Duties:EMPLOYERherebyagreestoemploy EMPLOYEEas CityAttorneyoftheCityofCupertinotoperformthefunctions anddutiesasspecifiedin theMunicipalCode,CaliforniaConstitution,and CaliforniaStatutes,andtoperformsuch otherlegallypermissibleandproperduties andfunctionsasEMPLOYER shallfromtime totime assignto EMPLOYEE whicharereasonablyrelatedtothepositionofCity Attorney,including,but notlimitedto: (a)AttendanceatCityCouncilmeetingsandother meetingsas required; (b)Research,preparation andreviewofordinances,resolutions, agreements, contracts,leases,writtenopinionsandother documents oflegalnature necessaryor requestedbytheCity Council; 3 Revised 12.17.13 58 (c)ProvisionofalllegaladviceonbehalfoftheCity totheCity Council,City Manager,andotherCityofficersandemployees; (d)Representation oftheCity,membersoftheCityCounciland otherCity officersand employees inlitigationasnecessary; (e)Selection,retention,supervisionandmonitoringofoutsidelegal counsel as required; (f)Commencement andprosecutionofcriminalactionsandcivil abatements necessaryand appropriatetoenforceCity'sordinances; (g)MonitoringandadvisingtheCityCouncilandCitystaff regardinglegislation andcaselawaffectingtheCity. Section2.02.DevotiontoDuties:EMPLOYEEagreestodevote productivetime, ability,andattentiontothebusinessofEMPLOYERduringthe termof thisEmployment Contract. ThisContractshallnotbeinterpreted nor intendedtoprohibitEMPLOYEE from making passive personal investments, conducting private business affairsorprovidingvolunteerorlimitedlegal servicesifthoseactivitiesdonotinterferewiththe servicesrequiredunderthis Contract. Section2.03.PerformanceEvaluationProcedures:TheCityCouncil shallreview andevaluatetheperformanceofEMPLOYEEatleastannually,or onanyotherschedule deemed appropriate by the City Council. Said review and 4 Revised 12.17.13 59 evaluation shall bein accordancewithspecificcriteria developedby EMPLOYERafterconsultationwith EMPLOYEE. ARTICLEIII COMPENSATION Section 3.01.Compensation:EMPLOYERagreestopayto EMPLOYEEforservicesrendered byherpursuanttothisContract amonthly basesalaryof$20,468.76, payableininstallmentsatthetimeasother employeesof EMPLOYER arepaid. EMPLOYEE'smonthlybasesalaryshall beadjustedbyanypercentageincreasegiven to Department Heads of EMPLOYER generallyandshallnotbedecreasedunlessinapercentage consistentwitha decrease applicable to Department Heads of EMPLOYER generally. At the time of EMPLOYEE’speriodic evaluations, EMPLOYER mayconsideranadditionalcompensationpackageincreaseincluding,butnot limitedto,merit payoranadditionalincreaseinsalaryorbenefits. Section3.02.DeferredCompensation:Cityshallprovideto EMPLOYEEthe samedeferredcompensationplanthatmaybeprovidedto otherDepartmentHeadsand Confidentialemployees,ifany. ARTICLEIV EMPLOYEE BENEFITS Section4.01.AutomobileAllowance:During the termofthis EmploymentContract,EMPLOYEE,totheextentnecessarytoperformher dutiesshalluseherown personalvehicle. EMPLOYER,inconsideration 5 Revised 12.17.13 60 thereof,shallpay EMPLOYEEthesum of$350permonthasanautomobile allowance. EMPLOYEEshallberesponsibleforthe paymentofalloperating expensesofthevehicle,including,butnotlimitedto,gasoline, oil, service and repair, and, if necessary, the replacement of her automobile. EMPLOYEEshall procure andmaintain,ather expense,acomprehensiveautomobile liability insurancepolicyonthevehiclebeingusedbyher,inanamountthatis acceptable toEMPLOYER. Duringthecourseof thisEmploymentContract, EMPLOYEEshall provide EMPLOYER withwrittendocumentationthatsaid insurancepolicyisinfull forceandeffect. Section4.02.VacationandSickLeave:EMPLOYEEshallbe credited with 22days of vacation and 12days of sick leave as of the commencement of employment. Annualvacationandsickleaveshallbe accruedandadministeredinthe samemannerasvacationandsickleaveis administeredforDepartmentHeademployees ofEMPLOYER. Section4.03.Benefits:EMPLOYEEshallbeentitledtoreceive benefitsprovided byEMPLOYERatalevelnolessthanthatprovidedtoother DepartmentHeadsofthe City, whichpresently consist of retirement benefits, family health coverage, life insurance, disabilityinsurance,sportsclub membership,administrativeleave,floatingholidays andholidays. The benefitssoprovided aresubjecttomodification duringthecourseofthis Contractatthesoleandabsolutediscretion ofEMPLOYERatsuchtimesand 6 Revised 12.17.13 61 tosuchextentas EMPLOYERmaydeemappropriateprovided, however, thereshallbenoreductioninbenefits unlessEMPLOYERimplementsthe samereduction ofbenefitstoallotherDepartmentHeadsof theCity(except asspecified belowforretirement andlifetimemedical benefits). EMPLOYERagreesthatEMPLOYEE hasacontract rightto retirement benefitsand lifetimemedical benefitsthatisvestedasofthedate ofexecution ofthisContractandisdeemed irrevocable.EMPLOYERshall alsorecognize andapplytothisContract, anybenefitor compensationchanges resultingfromanyMemorandumofUnderstanding(MOU)orResolution thatmayexistinthefuturefromabargaining unitthattheCityAttorney positionmaybe allocatedtopursuant totheCity's personnel policiesandthat suchMOUandResolutionis incorporatedhereinbythisreference asthough setforthinfull.Notwithstandingtheabove, EMPLOYERagreesthatthe retirementandlifetimemedical benefitstobepaidtoEMPLOYEE upon retirement shallnotbelessthanthatbaseduponthecalculationineffectatthe timeof execution ofthisContract andmaynotbereduced. EMPLOYER and EMPLOYEE acknowledge that (i) before being employed by EMPLOYER, EMPLOYEE had retired from the City of Alameda with retiree medical benefits through CalPERS (Employee + 1) for which EMPLOYEE paid no premiums, (ii) when EMPLOYEE accepted employment from EMPLOYER, EMPLOYEE lost those City of Alameda retiree medical 7 Revised 12.17.13 62 benefits, and (iii) after EMPLOYEE retires from EMPLOYER, EMPLOYEE will have to pay additional retiree medical premiums to CalPERS in order to obtain the same retiree medical benefits as EMPLOYEE had (or would have had in the future), for no additional retiree medical premiums, if EMPLOYEE had not accepted employment from EMPLOYER. Therefore, in addition to EMPLOYER's premium payments for the lifetime medical benefits for EMPLOYEE specified above, EMPLOYER agrees to establish a retiree-only health reimbursement arrangement (HRA) covering EMPLOYEE when EMPLOYEE retires from EMPLOYER. The HRA will provide a monthly benefit to EMPLOYEE that will be equal to the amount, if any, that EMPLOYEE has to pay in retiree medical premiums for the month in order to obtain the same retiree medical benefits for the month as EMPLOYEE had(Employee + 1)(or would have had in the future) for the month as a retiree of the City of Alameda if EMPLOYEE had not accepted employment from EMPLOYER. The HRA will either (i) reimburse EMPLOYEE for such additional premiums upon proof that is satisfactory to EMPLOYER that such additional premiums have been paid to the appropriate third party (e.g., CalPERS) or (ii) paysuch additional premiums directly to the appropriate third party (e.g., CalPERS). Section4.04.ProfessionalDuesandSubscriptions:EMPLOYER agreestopayforEMPLOYEE'sannualmembershiptotheStateBarof Californiaandforprofessional duesand subscriptions ofEMPLOYEE 8 Revised 12.17.13 63 directlyrelatedtoorbeneficial toherdutiesasCityAttorney, provided the CityCouncilhasmadeprovisions forsuchcostsintheannualbudget. Section4.05Expenses:EMPLOYEE shall be entitled to reimbursement for all reasonable expenses necessarily incurred by her in the performance of her duties upon presentation of vouchers indicating the amount and purpose thereof, and further provided that such expenses are in accordance with policies established from time to time by EMPLOYER and consistent with budget allocations adopted by EMPLOYER for that purpose during the term of this Employment Contract. Section4.06.MovingandRelocationExpenses:EMPLOYEE shallbe reimbursedorEMPLOYERmaypaydirectlyfortheexpensesofpacking, unpacking, andmovingherself,herfamily,andherpersonalpropertyfrom AlamedatoCupertino, California,nottoexceedamaximumof$8,000.Moving shallalso includeanynecessary storageand insurancecosts. Section4.07.ProfessionalDevelopment:EMPLOYERherebyagreesto pay travelandsubsistence expensesofEMPLOYEEforprofessionalandoffice travel, meetings,andoccasionsadequatetocontinuetheprofessional development of EMPLOYEEandtoadequatelypursuenecessaryofficial functionsforEMPLOYER, including,butnotlimitedto,cityattorney associationsandsuchother national,regional, state, andlocal governmentgroups 9 Revised 12.17.13 64 andcommitteesthere of whichEMPLOYEE servesas amember,providedthe CityCouncilhasmadeprovisionsforsuchcostsintheannual budget. EMPLOYERalsoagreesto paytuition,travel,andsubsistence expensesof EMPLOYEEforcourses,institutes,andseminarsthatarenecessary forherprofessional developmentandforthegoodoftheCityprovidedtheCity Councilhasprovided for sameintheannualbudget. Section4.08.HousingAssistance:EMPLOYEE mayelecttoreceive Housing AssistanceforDepartmentHeadsconsistentwiththeEMPLOYER'S HousingAssistance PolicyineffectonthedateofexecutionofthisContract, withanyloanrepaymenttobe duetwoyearsafterterminationofemployment orAugust31,2013,whicheverislater. ARTICLEVTERMINATIONANDNOTICE Section 5.01. TerminationofEmploymentandSeverance: a.Subjectto theprovisionsofSection2.18.110ofEMPLOYER'S Municipal Code, EMPLOYEE servesatthepleasure ofthe EMPLOYER andnothing herein shall be taken to prevent, limit or otherwise interfere with the right of EMPLOYER toterminatethe servicesofEMPLOYEEwithorwithoutcause;provided, however, EMPLOYER shall takenoactiontoterminate the servicesofEMPLOYEE withinninety(90)daysafteran 10 Revised 12.17.13 65 electionatwhichoneormorenewmembersareelected tothe CityCouncil orwheretheeffectivedateoftermination isless thanoneyearand onedayaftercommencement ofthetermof thisContract. Thereisnoexpressorimplied promisemadeto EMPLOYEEforanyformofcontinuedemployment. This Contractand theEMPLOYER'SMunicipalCodeChapter2.18 arethesoleandexclusivebasesforan employmentrelationship betweenEMPLOYEEandEMPLOYER. b.IftheEMPLOYEEisterminatedbytheEMPLOYER priorto expiration ofthisContract, whilestillwillingandableto performthedutiesoftheCityAttorney, EMPLOYER agrees to pay EMPLOYEE a single lump sum payment made on the effectivedateofthetermination,inanamountequivalentto ninemonthsaggregatesalary andaggregatemedicalinsurance benefitallowance. Ifnoticeofterminationisgivenless than three months and one day after commencement of the term of this Contract, EMPLOYER agreestopayEMPLOYEEheraggregate salaryandaggregatemedical insurancebenefitallowanceuntil oneyearandonedayafterthecommencementofthe Contract andnoadditionalseverancepaymentisowing. IfthisContractis notrenewed, thenEMPLOYERshalleitherprovideEMPLOYEE 11 Revised 12.17.13 66 withninemonthsprior noticeof nonrenewalorshallpay EMPLOYEEasinglelumpsumpaymentmadeontheeffective dateoftheterminationinanamountequivalenttothe differencebetweenninemonths aggregate salary and medical insurance benefit allowance and the amount of such aggregate salaryandmedicalinsurancebenefitallowancecomputedfor thenumberof monthsofnoticeactually given. Anysuch paymentswillreleaseEMPLOYERfromany furtherobligations under thisContract. Contemporaneouslywiththe deliveryofthe severancepayhereinabovesetout,EMPLOYEEagrees to executeanddeliverto EMPLOYER areleasereleasing EMPLOYERofallclaimsthatEMPLOYEEmayhave against EMPLOYER. c.Notwithstandingparagraph(b)above,EMPLOYERshallnotbe obligated topay,andshallnotpay,anyamountsorcontinueany benefitsundertheprovisionsof paragraph(b),ifEMPLOYEEis terminatedbecauseofacrimeofmoralturpitudeora violation ofstatuteorlawconstitutingmisconductinoffice. Further, EMPLOYERshall notbeobligatedtopay,andshallnotpay, anyamountsorcontinueanybenefitsunder paragraph(b),inthe eventEMPLOYEEvoluntarilyresignsorretireswithout 12 Revised 12.17.13 67 affirmative action by EMPLOYER to terminate, initiate termination proceedings or request resignation. ARTICLE VI MISCELLANEOUS Section6.01.Formof Notices: NoticespursuanttothisContractshall beinwritinggivenbydepositinthe custodyoftheUnitedStatesPostal Service,firstclasspostageprepaid,addressedas follows: a.TheCITY: MayorandCityCouncil CityofCupertino 10300TorreAvenue Cupertino, CA95014 b.EMPLOYEE:CarolKorade 9ChathamPointe Alameda,CA94502 Alternatively,noticesrequired pursuanttothisContractmay be personally served inthesamemannerasisapplicabletociviljudicialprocess. Notice shallbedeemed givenasofthedateofpersonalserviceorasofthedatethree days afterdepositofsuch writtennotice,postage prepaid, with the United States PostalService. Section6.02.Bonding:EMPLOYERshallbearthefullcostofany fidelityor otherbondsrequired of EMPLOYEEunderanylaw orordinance. 13 Revised 12.17.13 68 Section6.03.Indemnification:EMPLOYERshalldefend,save harmlessand indemnifyEMPLOYEEagainstanytort, professional liabilityclaim ordemand,or other legalaction,whether groundlessorotherwise,arisingoutof anallegedactoromission occurringintheperformanceofEMPLOYEE's duties asCityAttorney. If EMPLOYER compromisesorsettlesanysuchclaimorsuit, EMPLOYERshallpaytheamountofany settlement,or if theclaimorsuit resultsinajudgmentagainstEMPLOYEE, EMPLOYERshallpayanysuch judgment. This indemnificationdoesnotapplytoany act,action,oromission arising outofthegross negligence, willfulmisconductonthepart of EMPLOYEE,oractsofEMPLOYEEoutsidethecourseandscopeofherduties. Section 6.04. General Provisions: a.ThetexthereinshallconstitutetheentireContractbetweenthe parties. b.ThisContractshallbebindinguponandinsuretothe benefitofthe heirsatlawand executorsofEMPLOYEE. c.ThisContractmayonlybemodifieduponthewrittenconsent of theEMPLOYERandEMPLOYEE. d.InanyactiontoenforcethetermsofthisContract,theprevailing partyshallbeentitledtorecoverreasonableattorney'sfeesand 14 Revised 12.17.13 69 courtcostsandother non-reimbursablelitigation expenses,suchas expert witnessfeesand investigationexpenses. Section6.05.Severability: Ifany provision,oranyportionthereof, containedin thisContractisheldunconstitutional,invalidorunenforceable,the remainderofthis Contractshallbedeemedseverable,shallnotbeaffected,and shallremaininfullforce and effect. IN WITNESS WHEREOF, EMPLOYER has caused this Contract to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this Contract, both in duplicate, the day and year first above written. ATTEST:CITY OF CUPERTINO: City ClerkMayor APPROVED AS TO FORM: Timothy Davis, Partner“EMPLOYEE” Burke, Williams & Sorensen, LLP 15 Revised 12.17.13 70 S ADMINISTRATIVE SERVICESDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject Authorize a new position category in the salary schedule for Unrepresented Employees’ Compensation Program. Recommended Action Amend the Unrepresented Employees’ Compensation Programsalary schedule. Description The City currently has identified one modification to the Unrepresented Employees’ Compensation Program salary schedule which sets forth all positions established for that group. Discussion Periodically, staffing levels within the organization are reviewed to ensure that the resources are in place for desired service levels, to identify areas of enhancement of service and to accommodate staffing requirements in conjunction with new programs or reorganizations. Due to the reorganization within the Public Works Department, staff has determined that additional management support is necessary at the Service Center. Previously, the Public Works Department was managed under an organizational structure consisting of two Assistant Directors; onemanaged services in City Hall such as development support, traffic engineering, and environmental services; and the other managed the maintenance functions at the Service Center. Upon the retirement of the Assistant Director overseeing the City Hall functions in 2012, the Department reorganized to one Assistant Director. In order to allow the current Assistant Director to expand responsibilities beyond the Service Center, it is necessary to establish the classification of Service Center Superintendent. Prior to the two Assistant Director positions, the Service Center had 71 been managed by a similar position, titled Service Center Manager. The Service Center Superintendent will report to the Assistant Director and will have day-to-day responsibilities of overseeing the four divisions of the Service Center. The four divisions are currently Grounds and Fleet, Streets, Trees and Medians, and Facilities. This organizational structure is typical of similar sized Public Works Departments. There are currently 57employees at the Service Center. Fiscal Impact As this is a new position in Public Works, the fiscal impact in FY 14/15 will be a total of $163,786.61. The methodology used to arrive at the compensation for the proposed position is consistent with that used in the employee compensation survey done this year in preparation forthe current Memorandums of Understanding (MOUs). ___________________________________ Prepared by: Carol Atwood, Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments: A-Resolution Amending the Unrepresented Employee Compensation Program B- Redline Amending the Unrepresented Employee Compensation Program 72 RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Councildesires toamend the Unrepresented Employees’ Compensation Program; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the aforementioned amendment to the Unrepresented Employees’ Compensation Program referenced in the attached Exhibit B. PASSED AND ADOPTED at a regular meeting of the City Councilof the City of th Cupertino this 17 day of December 2013, by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ___ Grace Schmidt, City ClerkGilbert Wong, Mayor, City of Cupertino C:\\Documents and Settings\\Davis-T\\Desktop\\Reso-City Mgr Contract Amendment.docx 73 ExhibitB 74 75 76 77 78 79 80 ADMINISTRATIVE SERVICESDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject Grant additional time or payouts to the key staff members working on the Apple Campus 2project. Recommended Action Grant additional time or payouts to the City Manager and City Attorney, and Authorize the City Manager to grant additional vacation hours or payouts to key staff in conjunction with the Apple Campus 2project. Description The City Council would like to acknowledge the quantity and quality of work put forth by the key staff members on the Apple Campus 2 project. At their November 19 th Council meeting, they discussed additional compensation for those individuals who worked on this project. Discussion Periodically, the City has a very large project that requires a substantial amount of staff time. The Apple Campus 2 project is an example of this scenario. Employees in our Unrepresented Group and Appointed Group do not receive pay of overtime worked, and yet this project required a large amount of overtime for each key individual on the project team. To recognize this effort, and partially compensate these employees for their time, the Council has proposed additional, one-time vacation hours or payout of the equivalent as follows: 1.David Brandt – 80 hours 2.Carol Korade – 80 hours 3.Authorize the City Manager to distribute a total of 280 hours between the following individuals: a.Timm Borden b.Aarti Shrivastava 81 c.Chad Mosley d.Rick Kitson e.David Stillman Fiscal Impact The above action represents an equivalent of pay or time off of approximately $61,000. A budget adjustment will be required for those employees who opt to be paid in lieu of time off. ___________________________________ Prepared by: Carol Atwood, Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments:None 82 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject Alcoholic Beverage License, Shanghai Family Restaurant, 10877 N Wolfe Road Recommended Action Approve applicationfor On-Sale Beer and Wine Description Name of Business: Shanghai Family Restaurant Location:10877 N Wolfe Road Type of Business:Restaurant Type of License: On-Sale Beer and Wine (41) Reason for Application: Annual Fee and Person to Person Transfer Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David Brandt, City Manager Attachment: A -Application 83 84 85 86 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject Alcoholic Beverage License, Extraordinary Soup & More, 20371 Stevens Creek Boulevard Recommended Action Approve applicationfor On-Sale Beer and Wine Description Name of Business: Extraordinary Soup & More Location: 20371 Stevens Creek Boulevard Type of Business: Restaurant Type of License: On-Sale Beer and Wine (41) Reason for Application: Original Fees, Annual Fee, State and Federal Fingerprints Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David Brandt, City Manager Attachment: A -Application 87 88 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject Alcoholic Beverage License, Beijing Duck House, 10883 S Blaney Avenue, Suite B Recommended Action Approve applicationfor On-Sale Beer and Wine Description Name of Business: Beijing Duck House Location:10883 S Blaney Avenue, Suite B Type of Business:Restaurant Type of License: On-Sale Beer and Wine (41) Reason for Application: Original Fees, Annual Fee, State and Federal Fingerprints Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Community Development Approved for Submission by: David Brandt, City Manager Attachment: A -Application 89 90 CITY COUNCIL STAFF REPORT Meeting: December 17, 2013 Subject: Council Committee assignments NO WRITTEN MATERIALS IN PACKET 91 CITY COUNCIL STAFF REPORT Meeting:December 17, 2013 Subject:Public Works Construction Project Updates. NO WRITTEN MATERIALS IN PACKET 92