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08-19-14 Searchable packetCITY OF CUPERTINO AGENDA Tuesday, August 19, 2014 10350 Torre Avenue, Council Chamber CITY COUNCIL 5:05 PM COMMISSION INTERVIEWS - Special Meeting 5:05 PM 10300 Torre Avenue, City Hall Conference Room A ROLL CALL 1.Subject: Housing Commission (Financial Representative) interviews Recommended Action: Conduct interviews and make appointment CLOSED SESSION - 6:00 PM 10300 Torre Avenue, City Hall Conference Room A ROLL CALL 2.Subject: Workers' Compensation Claim (Gov't Code Section 54956.95); Claimant: Edwin Sakai; Agency Claimed Against: City of Cupertino PLEDGE OF ALLEGIANCE - Regular Meeting 6:45 PM 10350 Torre Avenue, Community Hall Council Chamber ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 3.Subject: Proclamation to the Cupertino Library for its 10th anniversary Recommended Action: Present the proclamation 4.Subject: Presentation by AT&T regarding infrastructure Recommended Action: Receive presentation 5.Subject: Update from the Foothill-De Anza College District Recommended Action: Receive the update Page 1 CITY OF CUPERTINO August 19, 2014City Council AGENDA 6.Subject: Update from the Fremont Union High School District Recommended Action: Receive the update 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 July 7 City Council minutes Recommended Action: Approve the July 7 City Council minutes A - Draft Minutes 8.Subject: Approve the July 15 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 9.Subject: Accept Accounts Payable for period ending June 27, 2014 Recommended Action: Adopt Resolution No. 14-184 accepting Accounts Payable for the period ending June 27, 2014 A - Draft Resolution B - AP Report 10.Subject: Accept Accounts Payable for period ending July 3, 2014 Recommended Action: Adopt Resolution No. 14-185 accepting Accounts Payable for period ending July 3, 2014 A - Draft Resolution B - AP Report Page 2 CITY OF CUPERTINO August 19, 2014City Council AGENDA 11.Subject: Accept Accounts Payable for period ending July 11, 2014 Recommended Action: Adopt Resolution No. 14-186 accepting Accounts Payable for the period ending July 11, 2014 A - Draft Resolution B - AP Report 12.Subject: Accept Accounts Payable for period ending July 18, 2014 Recommended Action: Adopt Resolution No.14-187 accepting Accounts Payable for the period ending July 18, 2014 A - Draft Resolution B - AP Report 13.Subject: Accept Accounts Payable for period ending July 25, 2014 Recommended Action: Adopt Resolution No. 14-188 accepting Accounts Payable for the period ending July 25, 2014 A - Draft Resolution B - AP Report 14.Subject: Accept Accounts Payable for period ending August 1, 2014 Recommended Action: Adopt Resolution No. 14-189 accepting Accounts Payable for the period ending August 1, 2014 A - Draft Resolution B - AP Report 15.Subject: Accept Accounts Payable for period ending August 8, 2014 Recommended Action: Adopt Resolution No. 14-190 accepting Accounts Payable for the period ending August 8, 2014 A - Draft Resolution B - AP Report Page 3 CITY OF CUPERTINO August 19, 2014City Council AGENDA 16.Subject: Authorize new position categories in the salary schedule for the Cupertino Employee Association’s Compensation Program, reclassify four incumbents to new and existing classifications, and other miscellaneous revisions to salary classifications Recommended Action: Amend the Cupertino Employee Association’s Compensation Program salary schedule and adopt Resolution No. 14-191 establishing new classifications Staff Report A - Draft Resolution B - New Classification Descriptions C - Redline CEA Compensation Program D - Redline Unrepresented Employees MOU 17.Subject: Approve First Amendment to lease of Rolling Hills 4-H Club at McClellan Ranch Preserve with the Regents of the University and City of Cupertino, California extending lease time Recommended Action: Authorize the City Manager to amend the lease agreement with the Regents of the University of California and City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for a five-year period ending August 31, 2019 Staff Report A - Draft Amended Contract 18.Subject: Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway Recommended Action: Recommend approval of the Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway Staff Report A - Application 19.Subject: 2014 Pavement Maintenance Project Phase 2, City Project No. 2014-04 Recommended Action: Authorize the City Manager to award a contract to O’Grady Paving, Inc., in the amount of $2,288,577.20; and approve a construction contingency of $261,422.80 for a total of $2,550,000 Staff Report A - Draft Contract Page 4 CITY OF CUPERTINO August 19, 2014City Council AGENDA 20.Subject: City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2013-02 Recommended Action: Accept Project No. 2013-02 Staff Report A - Site List 21.Subject: Amendment of an agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services for testing and inspection services on various street improvement projects Recommended Action: Approve an Amendment to an agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $637,500 from the date of execution through June 30, 2015, and authorize the Director of Public Works to execute all necessary documents to carry out all phases of the Pavement Maintenance Project Staff Report A - Draft Amendment to the Agreement B - May 27, 2014 Executed Agreement 22.Subject: City Project, 2013 Reconstruction of Curbs, Gutters, and Sidewalks Phase 2, Project No. 2013-06 Recommended Action: Accept Project No. 2013-06 Staff Report A - Site List SECOND READING OF ORDINANCES 23.Subject: Amendment to Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes--Designated; Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue Recommended Action: Conduct the second reading and enact Ordinance No. 14-2120, "An Ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes - Designated" Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS Page 5 CITY OF CUPERTINO August 19, 2014City Council AGENDA 24.Subject: Parks and Recreation Commission Work Plan for FY 2014-15 Recommended Action: Approve the Parks and Recreation Commission Work Plan for FY 2014-15 Staff Report 25.Subject: Amendments to Chapters 10.90 and 10.56, Title 10, of the Cupertino Municipal Code to regulate outdoor smoking Recommended Action: Conduct the first reading of Ordinance No. 14-2121, "An Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and 10.90.020 of the Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate outdoor smoking Description: Application No(s).: CP-2014-02; Applicant(s): City of Cupertino; Location: citywide Staff Report A - Draft Ordinance B - Santa Clara County Policies C - Redline version of proposed Ordinance REPORTS BY COUNCIL AND STAFF 26.Subject: Civic Center Master Plan update Recommended Action: Accept Civic Center Master Plan update report ADJOURNMENT Page 6 CITY OF CUPERTINO August 19, 2014City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/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. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 7 CITY OF CUPERTINO CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0328 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:7/10/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Housing Commission (Financial Representative) interviews Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Housing Commission (Financial Representative) interviews Conduct interviews and make appointment CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0362 Name: Status:Type:Closed Session Agenda Ready File created:In control:8/5/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Workers' Compensation Claim (Gov't Code Section 54956.95); Claimant: Edwin Sakai; Agency Claimed Against: City of Cupertino Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject :Workers'Compensation Claim (Gov't Code Section 54956.95);Claimant:Edwin Sakai; Agency Claimed Against: City of Cupertino CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0350 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:7/29/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Proclamation to the Cupertino Library for its 10th anniversary Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Proclamation to the Cupertino Library for its 10th anniversary Present the proclamation CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0333 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:7/15/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Presentation by AT&T regarding infrastructure Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Presentation by AT&T regarding infrastructure Receive presentation CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0145 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Update from the Foothill-De Anza College District Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Update from the Foothill-De Anza College District Receive the update CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0189 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/20/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Update from the Fremont Union High School District Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Update from the Fremont Union High School District Receive the update CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0266 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:6/18/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Approve the July 7 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Approve the July 7 City Council minutes Approve the July 7 City Council minutes CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ DRAFT MINUTES CUPERTINO CITY COUNCIL Special Meeting Monday, July 7, 2014 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 5:07 p.m. Mayor Gilbert Wong called the Special 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 Gilbert Wong, Vice Mayor Rod Sinks, and Council members Orrin Mahoney and Mark Santoro. Absent: Barry Chang. STUDY SESSION 1. Subject: Civic Center Master Plan Study Session Recommended Action: Accept this report and provide direction to staff in response to study session presentation and discussion. Description: This Council study session seeks to provide an update on the status of the Civic Center Master Plan and Parking Garage project, including an overview of the community outreach to date, and to have Council consideration of and direction on three plan scenarios that will be presented at a general, broad-outreach community workshop. Written communications for this item included a consultant PowerPoint presentation. Director of Public Works Timm Borden introduced the item noting that staff would bring the Master Plan to Council probably September 2 with a study session in February for new Council members. Consultant Geeti Silwal Principal at Perkins + Will made a PowerPoint presentation. She highlighted: Process Timeline; Guiding Principles; Framework; Public Engagement; Community Feedback; Planned Program Elements; Parking – Working Assumptions; Three Alternatives (On the Plaza, Civic Garden, On the Avenue). Council comments included: all agreed there was not much interest in the On the Avenue alternative (#3); continue to explore alternatives one and two; have consultant bring back report on Teen Center programming; no real value in relocating Sheriff’s substation to Civic Center but discuss cost with Sheriff’s department; want to retain green space at Library Field; for the On the Plaza alternative (#1), put parking garage under Library Field rather than have surface parking; review options for remodeling and expanding existing City Hall vs. building a new one; want to see a clear matrix of parking possibilities in each option and their associated cost; want input from the community on space and programming. Council recessed from 7:12 to 7:30 p.m. 2. Subject: Study Session to discuss proposed changes to Municipal Code Chapter 14.18, Protected Trees Description: Application No(s): MCA-213-01 (EA-2013-02) Applicant(s): City of Cupertino; Location: Citywide Recommended Action: Review the final scope of amendments to Municipal Code Chapter 14.18, Protected Trees Written communications for this item included an email from Jennifer Griffin and a staff PowerPoint presentation. Assistant Director of Community Development Gary Chao reviewed the staff report via a PowerPoint presentation. Roy Hampton talked about a tree in his yard that needed to be taken down. He said he had to pay to take out the tree, have an arborist come out, and then pay to replace the tree all of which took a lot of time. He explained that residents are being inconvenienced and no difference is made to the number of trees in Cupertino with the current ordinance. Yvonne Hampton said that the replacement trees are huge. She noted that she has a small yard and a big tree isn’t always appropriate. Council discussion and comments included:  Ok with the Two Tier System  Specimen trees under 12” in diameter – exempt from process  Specimen trees from 12” to 24” in diameter – Tier One -Tree removal permit -Replacement tree or in-lieu fee* -No arborist report -No noticing -No covenant -Consider capping the maximum trees removed to: 1 year (2% or 2 trees) or 3 year (5% or 6 trees)  Specimen trees over 24” in diameter – Tier Two -Tree removal permit -Replacement Tree or in-lieu fee* -Arborist report -Noticing -No covenant  *Consider increasing the in-lieu fee to 1.5x the cost (labor + material) of replacement to encourage planting  Consider incentives for a potential tree planting program ORAL COMMUNICATIONS - None ADJOURNMENT At 8:46 p.m., Mayor Wong adjourned the meeting to a special meeting on Tuesday, July 15 beginning at 5:05 p.m. for a study session on the Climate Action Plan , Cupertino Community Hall, 10350 Torre Avenue. The regular meeting will follow at 6:45 p.m. _______________________________ 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. 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. CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0159 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Approve the July 15 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Approve the July 15 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, July 15, 2014 SPECIAL MEETING ROLL CALL At 5:10 p.m. Mayor Gilbert Wong called the Special City Council meeting to order. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. STUDY SESSION 1. Subject: Study Session to provide an update on the Climate Action Plan (CAP) process and review greenhouse gas reduction measures to be considered for analysis in the City’s Initial Study/Negative Declaration. Proposed measures focus on options to reduce community-wide emissions in the energy, transportation, water, and solid waste sectors Recommended Action: Review the Climate Action Plan (CAP Measures Alternatives and provide comments Sustainability Manager Erin Cooke introduced the item and consultant Joshua Lathan from AECOM who reviewed the item via a PowerPoint presentation. Kevin McClellan from the Cupertino Chamber of Commerce expressed support for the first two alternatives. Jessica Epstein from the Silicon Valley Association of Realtors encouraged Council to focus on the first two options and not the third option which is a mandatory program. She noted that the association would be happy to reach out to homeowners and homebuyers to help educate them in energy conservation. Mark Burns said that there should be a voluntary program that includes incentives for new homeowners to be upgrade more energy efficiently. Dennis Martin representing the Commercial Real Estate Development Organization and the Building Industry Association (BIA) encouraged Council to study the first two options. City Council Minutes July 15, 2014 Council comments included support for alternatives one and two, but not three. CLOSED SESSION At 6:20 p.m. Council recessed to a closed session, and reconvened in open session at 6:47 p.m. in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA. Mayor Wong announced that for both items, no reportable action was taken. 2. Subject: Workers' Compensation Claim (Gov't Code Section 54956.95), Claimant: Todd Hembree, Agency Claimed Against: City of Cupertino. 3. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8); Property: City Hall, 10300 Torre Avenue, Cupertino, CA 95014; Negotiating parties: Crown Castle and City of Cupertino; Under negotiation: Price and terms. REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE ROLL CALL At 6:47 p.m. Mayor Gilbert Wong called the Regular City Council meeting to order. Present: Mayor Gilbert Wong, Vice Mayor Rod Sinks, and Council members Barry Chang, Orrin Mahoney, and Mark Santoro. Absent: None. CEREMONIAL MATTERS AND PRESENTATIONS 4. Subject: Audit Committee Annual Report to Council Recommended Action: Accept the Audit Committee's Annual Report Eno Schmidt from the Audit Committee gave the Annual Report via a PowerPoint presentation. Council accepted the Audit Committee’s Annual Report. 5. Subject: Update from Rotary Club of Cupertino immediate past President Savita Vaidhyanathan Recommended Action: Receive the update Savita Vaidhyanathan gave an update via a PowerPoint presentation. City Council Minutes July 15, 2014 Council received the update. 6. Subject: Proclamation to the City of Cupertino Parks and Recreation Department recognizing "Parks Make Life Better!" month Recommended Action: Present the proclamation Mayor Wong presented the proclamation to Director of Parks and Recreation Carol Atwood, Parks and Recreation Commission Chair Darcy Paul, Vice Chair Geoff Paulsen, and Commissioner David Fung. POSTPONEMENTS Mayor Wong noted that both appellants had withdrawn their appeals for item number 13. Mahoney moved and Chang seconded to accept the appellan ts’ withdrawal and that the Planning Commission decision would stand. The motion carried with Santoro voting no. Item No. 14 Energy Services contract for solar installation was dropped from the agenda. ORAL COMMUNICATIONS Anjali Kausar Exec utive Director of the Cupertino Chamber of Commerce said that the new business directory had come out. She also invited everyone to the a nnual Diwali Festival which would be held on September 27 . Rob Chansler San Francisco Shakespeare Festival Board Member invited everyone to the annual Free Shakespeare in the P ark (The Taming of the Shrew) opening the weekend of July 18 and running through Aug 3. He thanked the C ity for its support. See www.sfshakes.org for information. CONSENT CALENDAR Sinks moved and Mahoney seconded to approve the items on the Consent Calendar as presented with the exception of item number 7 which was pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. 7. Subject: Approve the July 1 City Council minutes Recommended Action: Approve the minutes Sinks asked for an amendment to the wording on item 19c to note that community funding amount was approved at $10,000 per group in bullet number one; and remove the word “new” before “priorities” in bullet number 4. City Council Minutes July 15, 2014 Sinks moved and Mahoney seconded to approve the July 1 City Council minutes. The motion carried unanimously. 8. Subject: Accept Accounts Payable for period ending June 6, 2014 Recommended Action: Adopt Resolution No. 14-175 accepting Accounts Payable for period ending June 6, 2014 9. Subject: Accept Accounts Payable for period ending June 13, 2014 Recommended Action: Adopt Resolution No. 14-176 accepting Accounts Payable for period ending June 13, 2014 10. Subject: Accept Accounts Payable for period ending June 20, 2014 Recommended Action: Adopt Resolution No. 14-177 accepting Accounts Payable for period ending June 20, 2014 11. Subject: Execute a contract with Dan Gertmenian for the Math Olympiad program for the period of August 1, 2014-July 30, 2015. Recommended Action: Authorize the City Manager to execute a contract with Dan Gertmenian for the Math Olympiad program for the on e-year period of August 1, 2014-July 31, 2015 12. Subject: 2014 Reconstruction of Curbs, Gutters and Sidewalks - Project No. 2014-02, authority to award construction contract. Recommended Action: Authorize the City Manager to award the construction contract with a construction contingency of up to 10% if the bids are within the established budget and there are no unresolved bid protests. Mahoney moved and Chang seconded to reorder the agenda to take up item number 17 under Ordinances and Action Items next. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 17. Subject: Hearing to approve assessment of fees for annual weed abatement program (private parcels) Recommended Action: Conduct hearing and adopt Resolution No. 14- 183 approving the assessment of fees for the annual weed abatement program (private parcels) City Clerk Grace Schmidt reviewed the staff report. City Council Minutes July 15, 2014 Amitava Biswas said that he didn’t believe his property should be on the list because he cleaned up his property before the deadline. He also noted that his garden in the front and back are not weeds. Peter Baum said that he thought he had done everything that should have been done to clean up his property and that he shouldn’t be on the list. County Weed Abatement Coordinator Moe Kumre further discussed Mr. Biswas and Mr. Baum’s properties. Chang moved and Santoro seconded to adopt Resolution No. 14-183 approving the assessment of fees for the annual weed abatement program (private parcels) with the following amendments:  Mr. Biswas must still pay the $41 fine but his property will be removed from the list  The $250 fee for Mr. Baum was waived but his property will remain on the list The motion carried with Sinks and Mahoney voting no. Council recessed from 8:10 to 8:15 p.m. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 13. Subject: Appeal of a Planning Commission approval of a proposed day care center, Little Tree Montessori, at 20111 Stevens Creek Boulevard. Description: Application No(s).: U-2014-01, ASA-2014-05 Applicant(s): Janice Yeh (Little Tree Montessori); Appellant(s): Julie Mercik (Arbor Professional Center II), Carl Tucci Location: 20111 Stevens Creek Blvd #130 & #150 Appeal of the Planning Commission's approval of a Use Permit to allow the conversion of approximately 7,500 square feet of office space at an existing two-story office building into day care use and an Architectural and Site approval to allow a play area, landscape enhancements and associated site improvements for the new day care use Recommended Action: Conduct the hearing and adopt draft Resolution Nos. 14-178 and 14-179 denying the appeal and upholding the Planning Commission’s June 9, 2014 approval of a Use Permit (U-2014-01) and Architectural and Site approval (ASA-2014-05) (Attachments A & B) Under postponements Mayor Wong noted that both appellants had withdrawn their City Council Minutes July 15, 2014 appeals. Mahoney moved and Chang seconded to accept the appellants’ withdrawal and that the Planning Commission decision would stand. The motion carried with Santoro voting no. 14. Subject: Consider awarding an Energy Services Contract and an Operations/Maintenance Agreement for solar panels and equipment and further consider findings that (1) the project’s anticipated energy costs savings and revenue generated are greater than the project costs; and (2) that the project is in the City’s best interests (Continued from July 1). Recommended Action: Under Postponements this item has been dropped. Under postponements, this item was dropped from the agenda. 15. Subject: Main Street - Lazy Dog Restaurant and Bar and Late Night Hours. Description: Application No(s): ASA-2013-08, U-2014-05; Applicant(s): Jared Taylor (Main Street Cupertino Aggregator, LLC); Location: 19359 Stevens Creek Blvd; Architectural and Site approval for final refinements to Shop 2 and associated site improvements at the Main Street Cupertino project; Use Permit to allow a restaurant (Lazy Dog Cafe) to operate until 1am Monday through Saturday and to 12am on Sundays and to allow an interior bar facility Recommended Action: Adopt draft Resolution Nos. 14-180 and 14-181 approving the Architectural and Site Approval (ASA-2013-08) and Use Permit (U- 2014-05) (Attachments A and B, respectively). Associate Planner George Schroeder reviewed the staff report via a PowerPoint presentation. Applicant Jared Taylor talked more about the project and explained how the restaurant received its name. He showed photos of existing Lazy Dog restaurant locations and answered Council’s questions. Jennifer Griffin said that she has been following the Main Street project for many years and she said she is excited about a family restaurant going in at this location since other family restaurants have gone away. She said the bars should shut down at 12:00 midnight. Kevin McClelland on behalf of Chamber of Commerce urged Council to approve the application as proposed. Lisa Warren said she isn’t against late hours but maybe not 6 days a week. She shared her concerns and thoughts on certain aspects of the project such as the columns, windows, and palm trees. City Council Minutes July 15, 2014 Santoro moved and Mahoney seconded to adopt Resolution No. 14-180 with the following amendment: if desired, the applicant may work with staff to incorporate the architectural enhancements or changes as outlined by the City’s architectural consultant visual illustration dated June 17, 2014 into the project design. The motion carried unanimously. Santoro moved and Mahoney seconded to adopt Resolution No. 14-181 approving the Architectural and Site Approval (ASA-2013-08) and Use Permit (U-2014-05) as drawn or the applicant could add a window and/or make the columns slightly larger if desired. The motion carried unanimously. 16. Subject: Main Street (Loft residences and retail) Description: Application No(s): ASA-2013-09 Applicant(s) Main Street Cupertino Aggregator, LLC (DNA Design & Architecture) Location: 19640 Vallco Parkway Architectural and Site approval for final refinements to the previously approved 120 unit live/work rental housing complex with an attached 10,081 square foot retail condominium unit Recommended Action: Adopt draft Resolution No. 14-182 approving the development application (ASA-2013-09) Associate Planner George Schroeder reviewed the staff report via a PowerPoint presentation. Applicant Kevin Dare with Sand Hill Property introduced the project and the architectural firm. Eric Chang Architect with DNA Design & Architecture talked more about the project and answered questions from Council. Gary Laymon with Guzzardo Partnership talked about landscaping and other amenities of the project. Mayor Wong opened the public hearing. Jennifer Griffin expressed concern about the height and density of the Rose Bowl and this new proposed development. Kevin McClelland on behalf of the Chamber of Commerce urged Council to approve the project. City Council Minutes July 15, 2014 Lisa Warren expressed concern about some of the design and asked that the CC&R’s prevent this development from ever becoming condominiums. Mayor Wong closed the public hearing. Chang moved and Mahoney seconded to Adopt Resolution No. 14-182 approving the development application (ASA-2013-09) with the following amendment:  The applicant shall work with staff to incorporate the additional architectural enhancements as outlined in the City’s architectural consultant visual illustration dated July 9, 2014 into the project design. The final revised plans shall be provided to the City Council as an Item of Interest The motion carried unanimously. ORDINANCES AND ACTION ITEMS – Continued 18. Subject: Set the dates for Housing Commission (Financial Representative) application deadline and interviews Recommended Action: Direct staff to set the following deadlines: 1.) Applications due in the City Clerk's office by 4:30 p.m. on Friday, August 8; and 2.) Conduct interviews at 5:05 p.m. on Tuesday, August 19 City Clerk Grace Schmidt reviewed the staff report. Chang left the dais before voting began on this item. Mahoney moved and Santoro seconded to set the application date for Friday, August 8 at 4:30 p.m. and conduct interviews at 5:05 p.m. on Tuesday, August 19. The motion carried with Chang absent. 19. Subject: Consider amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes--Designated; Torre Avenue between Stevens Creek Blvd and Rodrigues Avenue Recommended Action: Conduct the first reading of Ordinance No. 14-2120, "An Ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes - Designated" Director of Public Works Timm Borden reviewed the staff report. Santoro moved and Chang seconded to read the title by ordinance only and that the City City Council Minutes July 15, 2014 Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abstain: None. Absent: None. REPORTS BY COUNCIL AND STAFF David said that the Mayors and Managers met last week with Carl Guardino regarding the VTA’s decision to postpone the ballot measure on transportation improvements until 2016. Mr. Guardino also asked the cities to allow Public Works staff to participate in refining the project list between now and then which we agreed to do. Director of Public Works Timm Borden noted that there would be a Recology tour of the recycling plant in Gilroy on Thursday from 9:00-11:30 a.m. and that Council and staff are invited. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 11:10 p.m., Mayor Wong noted that the August 5 meeting has been cancelled and adjourned the meeting to Tuesday, August 19 at 5:05 p.m. for Housing Commission interviews, Cupertino City Hall, 10300 Torre Avenue. _______________________________ 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. 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, and then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City Channel, 777-2364. CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0365 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/11/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Accept Accounts Payable for period ending June 27, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Accept Accounts Payable for period ending June 27, 2014 Adopt Resolution No. 14-184 accepting Accounts Payable for the period ending June 27, 2014 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING June 27, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0367 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/11/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Accept Accounts Payable for period ending July 3, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Accept Accounts Payable for period ending July 3, 2014 Adopt Resolution No. 14-185 accepting Accounts Payable for period ending July 3, 2014 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING July 3, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0368 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/11/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Accept Accounts Payable for period ending July 11, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Accept Accounts Payable for period ending July 11, 2014 Adopt Resolution No. 14-186 accepting Accounts Payable for the period ending July 11, 2014 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING July 11, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0373 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/12/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Accept Accounts Payable for period ending July 18, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Accept Accounts Payable for period ending July 18, 2014 Adopt Resolution No.14-187 accepting Accounts Payable for the period ending July 18, 2014 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING July 18, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0375 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/12/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Accept Accounts Payable for period ending July 25, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Accept Accounts Payable for period ending July 25, 2014 Adopt Resolution No. 14-188 accepting Accounts Payable for the period ending July 25, 2014 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING July 25, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0374 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/12/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Accept Accounts Payable for period ending August 1, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Accept Accounts Payable for period ending August 1, 2014 Adopt Resolution No.14-189 accepting Accounts Payable for the period ending August 1, 2014 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING August 1, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0371 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/11/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Accept Accounts Payable for period ending August 8, 2014 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Accept Accounts Payable for period ending August 8, 2014 Adopt Resolution No.14-190 accepting Accounts Payable for the period ending August 8, 2014 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING August 8, 2014 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in Exhibit “A”. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this _____day of ____________, 2014, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Mayor Gilbert Wong, City of Cupertino CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0306 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/1/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Authorize new position categories in the salary schedule for the Cupertino Employee Association’s Compensation Program, reclassify four incumbents to new and existing classifications, and other miscellaneous revisions to salary classifications Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B - New Classification Descriptions C - Redline CEA Compensation Program D - Redline Unrepresented Employees MOU Action ByDate Action ResultVer. City Council8/19/2014 1 Subject :Authorize new position categories in the salary schedule for the Cupertino Employee Association’s Compensation Program,reclassify four incumbents to new and existing classifications, and other miscellaneous revisions to salary classifications Amend the Cupertino Employee Association’s Compensation Program salary schedule and adopt Resolution No. 14-191 establishing new classifications CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ City of Cupertino August 2014 Senior Accountant Page 1 of 2 SENIOR ACCOUNTANT DEFINITION To perform professional accounting work requiring an advanced knowledge of governmental accounting systems, practices and principles; and to record and report financial transactions, review accounting records, and prepare financial reports and analyses; to plan, coordinate and supervise a major accounting functional area such as accounts payable and accounts receivables; to prepare financial statements; and to do related work as required. SUPERVISION RECEIVED AND EXERCISED Receives direction from the Finance Manager. Exercises direct supervision over Account Clerks. DISTINGUISHING CHARACTERISTICS This is the advanced journey level classification. Positions in this class differ from those in the immediately lower class of Accountant II by the size, diversity, and complexity of the assigned accounting area and by supervisory responsibilities over the Account Clerks. EXAMPLES OF DUTIES - Depending upon assignment, duties may include but are not limited to, the following: Establish and maintain a variety of ledgers and other financial documents. Supervise and evaluate the work of subordinate professional, technical, and clerical personnel. Assist with budget preparation. Prepare and submit reports, claims, and other financial information for internal and other governmental agency use, including preparation of the annual financial statement and State Controller's Reports, coordinate and file claims for State mandated costs. Coordinate a wide variety of fiscal activities; perform comprehensive financial studies as directed. Formulate expenditures, revenue, and other financial projections. Issue correcting and adjusting journal vouchers; audit journal vouchers issued by staff. Interpret and implement policies and regulations relating to financial record keeping systems. Provide technical accounting and financial support to other sections of the Finance Department. Compute General Obligation Bond tax rate; initiate payments to paying agents for City bonds. Be the primary liaison with external auditors. City of Cupertino August 2014 Senior Accountant Page 2 of 2 MINIMUM QUALIFICATIONS Knowledge of: Generally accepted accounting principles, practices and procedures. Governmental and cost accounting. Principles of training and supervision. Application of data processing to accounting and financial management. Budget preparation and administration. Ability to: Plan, assign, supervise and coordinate the work of accounting staff. Establish and maintain cooperative working relationships with those contacted in the course of work. Establish and maintain financial records, procedures and systems. Prepare clear and comprehensive financial reports and statements. Interpret and implement financial policies and regulations. Analyze and evaluate financial data and fiscal operations and recommend improvements. On a continuous basis, sit at a desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate though written means; and lift or carry weight of 10 pounds or less. Experience and Education: Four years of recent, progressively responsible experience in the field of professional Accounting. Equivalent to a Bachelors Degree from an accredited college or university in Accounting, Business Administration or related field. Certified Public Accountant is highly desirable. Supervisory experience is desirable. Approved: _________ Established: 8/14 Revised: City of Cupertino August 2014 Account Clerk Page 1 of 3 ACCOUNT CLERK I/II Definition To perform clerical accounting and data entry tasks, including preparation, posting, maintenance, and reconciliation of accounting, inventory, and statistical records; and to assist and provide information to City customers, City staff, and the general public via telephone, email, and in person. The accounts receivable position posts and reconciles daily cash deposits and journal entries; assists with the preparation and collection of billing for City services; follows up on delinquent accounts and bad debt; processes petty cash transactions; balances cash and prepares bank deposits; provides billing, payment and other accounting information to customers, vendors, City staff and others; and assists customers with business license applications and payments. The accounts payable position manages the accounts payable process for the City including receipt, review and approval of vendor invoices; preparation, review, and verification of purchase orders and related documentation; maintains purchasing files; and prepares warrant registers. The position also supports fixed asset and inventory tracking. Distinguishing Characteristics Account Clerk I - This is the entry level class in the Account Clerk series and is distinguished from the II level by the inability to perform the full range of duties assigned to the Account Clerk II class. Positions in this class typically have little directly related work experience and work under immediate supervision while learning job skills. Account Clerk II – This is the journey level class in the Account Clerk series and is distinguished from the I level by the ability to perform the full range of duties as assigned with only occasional instruction or assistance. Positions in this class are flexibly staffed and are normally filled by advancement from the I level. The Account Clerk II class is distinguished from the Accounting Technician I class in that more complex and specialized duties and responsibilities are assigned to the Accounting Technician I. Supervision Received and Exercised Account Clerk I – Receives immediate supervision from higher level accounting or supervisory personnel. Account Clerk II – Receives general supervision from higher level accounting or supervisory personnel. Examples of duties - Duties may include, but are not limited to, the following: Post, verify, and balance various accounts; gather, sort, and research records and files; and trace discrepancies to reconcile accounts. Perform data entry functions and operate an on-line interactive computer terminal or personal computer; process cash receipts by use of a bar code reader. City of Cupertino August 2014 Account Clerk Page 2 of 3 Manage petty cash funds; receive and process petty cash payments; handle cash; and prepare bank deposits. Explain department policies and procedures related to clerical accounting functions. Collect, sort, and distribute incoming and outgoing mail and various accounting reports and documents; and perform cashiering duties. Assist with preparation and monitoring of billing for City services; research and compile relevant information; follow up on delinquent accounts and bad debt; and perform related collection functions as assigned. Assist with preparation, review and verification of purchase orders, vendor invoices and related documentation; confirm authorization; maintain purchasing files; and assist with preparation of warrant registers. Maintain sub-system and/or subsidiary ledgers; perform reconciliations of general ledger accounts; and prepare reports as required. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service. Perform related duties as required Qualifications Account Clerk I Knowledge of: Basic principles and practices of accounting; arithmetic and basic mathematical calculations, including decimals and percentages; modern office procedures and methods, including standard filing, indexing, and cross-referencing;; and modern office equipment, including computer systems and business software. Ability to: Make mathematical calculations and perform detailed clerical work with speed and accuracy; review and proof documents related to department operations, and identify and problem solve office operations and procedures; explain department policies and procedures; process, balance and adjust a variety of fiscal transactions; on a continuous basis, sit at a desk for long periods of time; intermittently twist and reach office equipment, and bend, squat, kneel, or twist while managing physical files; hand write and use a keyboard to draft communications; lift or carry weight of 10 pounds or less; learn policies and procedures applicable to the processing and maintenance of accounting data; work with a diverse population in a tactful and effective manner; obtain information through questioning and deal firmly and courteously with the public; operate a personal computer in the performance of a variety of clerical accounting and statistical functions; type at a speed necessary for successful job performance; understand and follow written and oral instructions. Experience and Education: Requires one year of progressively responsible accounting experience, including bookkeeping, complex numerical calculations and/or processing of financial data. Completion of twelfth grade supplemented by college level courses in accounting, finance and business. Associates of Arts degree desirable. License or Certificate: Possession, or ability to obtain, a valid California Driver’s License. City of Cupertino August 2014 Account Clerk Page 3 of 3 Account Clerk II In addition to the qualifications for Account Clerk I: Knowledge of: Department policies and procedures related to clerical accounting functions. Ability to: Perform the full range of duties as assigned with only occasional instruction or assistance. Experience and Education: Two years of progressively responsible accounting experience similar to Account Clerk I in the City of Cupertino. Approved: ________ Established: 7/71 Revised: 9/96, 7/06, 8/14 City of Cupertino August 2014 Accounting Technician I/II Page 1 of 6 ACCOUNTING TECHNICIAN I/II DEFINITION To perform paraprofessional and high level clerical accounting work in one or more designated areas such as payroll or general accounting; and to assume responsibility for a designated procedural area and work independently in performing a variety of responsible administrative and technical duties. DISTINGUISHING CHARACTERISTICS Accounting Technician I: This is the lower level in the paraprofessional accounting class series. Positions in this class perform a variety of responsible tasks in one or more assigned programmatic or procedural areas. They are expected to independently perform procedurally complex duties and to assume responsibility in one or more defined procedural areas. The Accounting Technician I class is distinguished from the II level in that II level positions possess specialized expertise in one or more areas, exercise a significant amount of decision-making authority in these areas, and function with a high degree of independence. Accounting Technician I level positions may be characterized as having a greater proportion of high level clerical duties in comparison to paraprofessional duties. Accounting Technician II: This is the higher level of the paraprofessional accounting class series. Positions in this class demonstrate a substantial knowledge of accounting principles and procedures in performing paraprofessional and high level clerical work and are expected to assume substantial responsibility in assigned programmatic or procedural areas. The Accounting Technician II is a specialist in one or more fiscal areas and functions with a high degree of independence. This level may be characterized as having a greater proportion of paraprofessional duties in comparison to high level clerical duties. SUPERVISION RECEIVED AND EXERCISED Accounting Technician I Receives general supervision from the Finance Manager or other managerial position. May exercise technical supervision over lower level staff pertaining to assigned procedural areas. Accounting Technician II Receives direction from the Finance Manager or other managerial position. Exercises functional or technical supervision over lower level staff as required. EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following: City of Cupertino August 2014 Accounting Technician I/II Page 2 of 6 Payroll/Fiscal Clerical Perform bookkeeping and accounting duties within an assigned area of the City’s financial system such as payroll. Prepare and monitor the City’s payroll; audit time sheets and verify for accuracy. Prepare payroll deductions and remit a variety of payments and reports. Perform related payroll functions including payroll reports and payroll tax returns, reconciling to accounting records. Prepare and monitor appropriate accounts involving posting and balancing. Check all personnel action forms received from Personnel; verify for accuracy and make necessary corrections. Compute retro adjustments; input in the terminal manual adjustments to payroll register and terminations after completion of payroll. Conduct extensive research of payroll records for problems and make necessary corrections. Advise and answer questions regarding union rules, personnel rules, M.O.U.’s, payroll codes, and other payroll- related areas. Edit and correct departmental time cards; edit preliminary time card file listings. Reconcile payroll register with deduction register; check if additional dollar amounts are reflected in payroll. Contact and advise others on errors or changes in time cards. Sort and distribute payroll reports and time cards to departments. Bill retired employees for premiums for their dependents on the City group plans; record payments as they are received; prepare documents for changes in status for data input. Do research concerning retirement benefits, court actions, sick leave or various matters requiring documented background. Compute garnishments for employees for data input. Compute retirement, resignations, and other types of payment entitlements. City of Cupertino August 2014 Accounting Technician I/II Page 3 of 6 Perform related duties as assigned. General Accounting Perform paraprofessional budgeting and accounting procedures as directed. Assist in working with banks and lending institutions to place City funds in interest bearing instruments. Maintain records of investments; estimate and monitor cash requirements of the City. Reconcile City checking accounts. Maintain file of miscellaneous accounts receivable including initiation of billings, collections and follow-up in accounts. Prepare reports and perform analyses of office accounting procedures. Receive and enter daily cash receipts; check for errors. Prepare Proof of Cash and balance general bank account. Assist Senior Accountant in balancing of General Ledger. Prepare journal vouchers for monthly reconciliation. Prepare billings for accounts receivable; follow up on delinquent payments; prepare filing system and enter payments in computer. Balance a variety of bank accounts and keep files on them. Receive and issue checks on bonds and coupons. Balance and keep accurate records of bonds. Receive money and issue checks for Treasurer's Revolving Fund. Record and reconcile returned checks (NSF). Issue statements to bond holders and determine delinquent amounts due. Enter all new loans, work in progress payments, and loan payments from HCDA into computer. City of Cupertino August 2014 Accounting Technician I/II Page 4 of 6 Issue all stop payments. Perform related duties as assigned. QUALIFICATIONS Accounting Technician I Knowledge of: Accounting clerical procedures performed in municipal government, including accounts payable accounts receivable, payroll and utility billing. Accounting record keeping principles, practices and terminology. Efficient office methods and procedures. Data processing applications in payroll and other fiscal functions. Procedural complexities involved in payroll administration in a municipality. Legal procedures related to the enforcing of laws and ordinances. Investigative and interviewing techniques. Ability to: Perform responsible financial record keeping work; adhere to good bookkeeping practices and procedures. Perform mathematical and statistical computations with speed and accuracy. Operate electric and electronic adding, calculating and data processing machines. Assist in the preparation of financial statements, analysis and reports. Perform a variety of complex procedures in administering a payroll system in a municipality. Work independently under pressure; meet established deadlines. Perform a variety of administrative and clerical support procedures. Communicate effectively, orally and in writing. Analyze and interpret legal and financial documents. City of Cupertino August 2014 Accounting Technician I/II Page 5 of 6 Prepare reports and correspondence. Establish and maintain cooperative working relationships with others. On a continuous basis, sit at a desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate though written means; and lift or carry weight of 10 pounds or less. Experience and Education: Associates of Arts degree (AA) and two years of recent experience in an accounting clerical position. AA degree may be substituted with two additional years of experience in an accounting clerical position. License and Certificate: Possession of, or ability to obtain, a valid Class C California driver’s license. Accounting Technician II In addition to the qualifications for Accounting Technician I: Knowledge of: General knowledge of governmental accounting principles, practices and procedures. Data processing applications in accounting functions. State and City regulations governing the treasury functions. Investment programs and cash flow analysis. Principles and techniques of effective supervision and program administration. Specialized principles and procedures in a major accounting clerical area or fiscal program Ability to: Perform a wide variety of paraprofessional accounting procedures. Apply accounting principles and procedures to a variety of transactions. Analyze accounting procedures. Prepare accounting, financial and statistical statements, compiling basic and supporting data. City of Cupertino August 2014 Accounting Technician I/II Page 6 of 6 Function with a high degree of independence in performing job duties and exercise sound judgment in programmatic and procedural decision making. Experience and Education: Two years of recent, responsible experience in a paraprofessional accounting clerical position such as the Accounting Technician I in the City of Cupertino. Approved: ____________ Established: 2/87 Revised: 4/87, 8/14 City of Cupertino August 2014 Accountant I/II Page 1 of 3 ACCOUNTANT I/II DEFINITION To perform professional accounting work requiring a general knowledge of governmental accounting systems, practices and principles; and to record and report financial transaction, review accounting records, and prepare financial reports and analyses; and perform related duties and required. DISTINGUISHING CHARACTERISTICS Accountant I - This is the entry level class in the professional accounting series. This class is distinguished from the Accountant II by the performance of the more routine tasks and duties assigned to positions within the series. Since this class is typically used as a training class, employees may have only limited work experience. Accountant II - This is the journey level class within the professional accounting series. Employees within this class are distinguished from the Accountant I by the performance of the full range of duties as assigned including those requiring a thorough knowledge of governmental accounting systems and procedures. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. Positions in this class are flexibly staffed and are normally filled by advancement from the I level or when filled from the outside, require prior professional accounting experience. Appointment to the higher class requires that the employee be performing the full range of duties for the class and meets the qualification standards for the class. SUPERVISION RECEIVED AND EXERCISED Accountant I Receives general supervision from the Finance Manager or other managerial position. Accountant II Receives direction from the Finance Manager or other managerial position. EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following: Participate in the posting, balancing and reconciliation of the General Ledger and subsidiary accounts; prepare bank reconciliation. Assist in the preparation of the annual financial statements and State Controller's Report; prepare audit schedules for the annual audit. Maintain debt service funds; monitor and reconcile paying agents' accounts. Issue correcting and adjusting journal entries to update the general ledger for assigned funds. City of Cupertino August 2014 Accountant I/II Page 2 of 3 Perform comprehensive financial activity studies as directed; provide analysis of various funds at management request. Input journal vouchers and counter checks into the computer. Prepare fund balance projections and review with operating departments. Monitor and maintain records on City's fixed assets. Assist departmental personnel and City staff with budget activity, proper expenditure coding, document preparation and other accounting related activities. May provide technical guidance to lower level accounting personnel in accounts receivable, payable and payroll functions. QUALIFICATIONS Accountant I Knowledge of: Generally accepted accounting principles and practices. Modern office procedures, methods and computer equipment. Ability to: Learn to apply accounting principles to the maintenance of financial and accounting transactions and audit of financial records. Learn and apply Federal, State and local laws and regulations to accounting and auditing work. Examine and verify financial documents and reports. Prepare a variety of financial statements, reports and analyses. Communicate clearly and concisely, both orally and in writing. On a continuous basis, sit at a desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate though written means; and lift or carry weight of 10 pounds or less. Establish and maintain cooperative working relationships with those contacted in the course of work. Experience and Education: One year of recent, responsible experience in a paraprofessional accounting clerical position. Equivalent to a Bachelor's degree from an accredited college or university in Accounting, Business Administration or related field. Certified Public Accountant is highly desirable. Accountant II City of Cupertino August 2014 Accountant I/II Page 3 of 3 In addition to the qualifications of Accountant I: Knowledge of: Principles of financial administration, including budgeting and reporting. Automated financial management systems. Federal and State grant regulations and guidelines. Application of generally accepted accounting principles and procedures to a variety of accounting audits, transactions and problems. Governmental accounting principles and practices. Financial research and report preparation methods and techniques. Ability to: Analyze and interpret financial and accounting records. Apply Federal, State and local laws and regulations pertaining to accounting and auditing work. Examine and verify a wide variety of financial documents and reports. Prepare a variety of complex financial statements, reports and analyses. Experience and Education: Two years of recent responsible governmental accounting experience comparable to that of an Accountant I in the City of Cupertino. Approved: _______ Established: 5/72 Revised: 12/73, 9/96, 2/13, 8/14 RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING NEW CLASSIFICATIONS FOR CITY STAFF WHEREAS, the recruitment and hiring of top quality employees is essential to the efficient operation of the City of Cupertino; and WHEREAS, it has been determined to establish the following new classifications: WHEREAS, it has been determined that an adjustment is justified for the following classification; and WHEREAS, it has been determined that the following name changes are consistent with the name of the department and better reflect their job descriptions: BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby approves the new positions and updated salary schedules. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of August 2014, by the following vote: Vote Members of the City Council AYES: NOES: Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant I $69,650.26 $73,132.77 $76,789.41 $80,628.88 $84,660.33 Accountant II*$76,789.41 $80,628.88 $84,660.33 $88,893.34 $93,338.01 Senior Accountant $88,893.34 $93,338.01 $98,004.91 $102,905.16 $108,050.42 Accounting Technician I $65,264.74 $68,527.98 $71,954.38 $75,552.10 $79,329.71 Accounting Technician II $71,954.38 $75,552.10 $79,329.71 $83,296.19 $87,461.00 Account Clerk I $51,320.86 $53,886.90 $56,581.25 $59,410.31 $62,380.81 Account Clerk II** $56,581.25 $59,410.31 $62,380.81 $65,499.85 $68,774.87 * Equivalent to salary schedule for current Accountant classification. ** Equivalent to salary schedule for current Account Clerk classification. Classification Step 1 Step 2 Step 3 Step 4 Step 5 HR Technician I $65,264.74 $68,527.98 $71,954.38 $75,552.10 $79,329.71 HR Technician II $71,954.38 $75,552.10 $79,329.71 $83,296.19 $87,461.00 HR Manager $117,627.93 $123,509.33 $129,684.80 $136,169.03 $142,977.48 New Classification Name Old Classification Name Director of Recreation and Community Services Director of Parks and Recreation Recreation Manager Senior Recreation Coordinator ABSENT: ABSTAIN: ATTEST: APPROVED: Gilbert Wong, Mayor, City of Cupertino Grace Schmidt, City Clerk City of Cupertino August 2014 Senior Accountant Page 1 of 2 SENIOR ACCOUNTANT DEFINITION To perform professional accounting work requiring an advanced knowledge of governmental accounting systems, practices and principles; and to record and report financial transaction, review accounting records, and prepare financial reports and analyses; to plan, coordinate and supervise a major accounting functional area such as accounts payable and accounts receivables; to prepare financial statements; and to do related work as required. SUPERVISION RECEIVED AND EXERCISED Receives direction from the Finance Manager. Exercises direct supervision over Account Clerks. DISTINGUISHING CHARACTERISTICS This is the advanced journey level classification. Positions in this class differ from those in the immediately lower class of Accountant II by the size, diversity, and complexity of the assigned accounting area and by supervisory responsibilities over the Account Clerks. EXAMPLES OF DUTIES - Depending upon assignment, duties may include but are not limited to, the following: Establish and maintain a variety of ledgers and other financial documents. Supervise and evaluate the work of subordinate professional, technical, and clerical personnel. Assist with budget preparation. Prepare and submit reports, claims, and other financial information for internal and other governmental agency use, including preparation of the annual financial statement and State Controller's Reports, coordinate and file claims for State mandated costs. Coordinate a wide variety of fiscal activities; perform comprehensive financial studies as directed. Formulate expenditures, revenue, and other financial projections. Issue correcting and adjusting journal vouchers; audit journal vouchers issued by staff. Interpret and implement policies and regulations relating to financial record keeping systems. Provide technical accounting and financial support to other sections of the Finance Department. Compute General Obligation Bond tax rate; initiate payments to paying agents for City bonds. Be the primary liaison with external auditors. City of Cupertino August 2014 Senior Accountant Page 2 of 2 MINIMUM QUALIFICATIONS Knowledge of: Generally accepted accounting principles, practices and procedures. Governmental and cost accounting. Principles of training and supervision. Application of data processing to accounting and financial management. Budget preparation and administration. Ability to: Plan, assign, supervise and coordinate the work of accounting staff. Establish and maintain cooperative working relationships with those contacted in the course of work. Establish and maintain financial records, procedures and systems. Prepare clear and comprehensive financial reports and statements. Interpret and implement financial policies and regulations. Analyze and evaluate financial data and fiscal operations and recommend improvements. On a continuous basis, sit at a desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate though written means; and lift or carry weight of 10 pounds or less. Experience and Education: Four years of recent, progressively responsible experience in the field of professional Accounting. Equivalent to a Bachelors Degree from an accredited college or university in Accounting, Business Administration or related field. Certified Public Accountant is highly desirable. Supervisory experience is desirable. Approved: _________ Established: 8/14 Revised: City of Cupertino August 2014 Account Clerk Page 1 of 3 ACCOUNT CLERK I/II Definition To perform clerical accounting and data entry tasks, including preparation, posting, maintenance, and reconciliation of accounting, inventory, and statistical records; and to assist and provide information to City customers, City staff, and the general public via telephone, email, and in person. The accounts receivable position posts and reconciles daily cash deposits and journal entries; assists with the preparation and collection of billing for City services; follows up on delinquent accounts and bad debt; processes petty cash transactions; balances cash and prepares bank deposits; provides billing, payment and other accounting information to customers, vendors, City staff and others; and assists customers with business license applications and payments. The accounts payable position manages the accounts payable process for the City including receipt, review and approval of vendor invoices; preparation, review, and verification of purchase orders and related documentation; maintains purchasing files; and prepares warrant registers. The position also supports fixed asset and inventory tracking. Distinguishing Characteristics Account Clerk I - This is the entry level class in the Account Clerk series and is distinguished from the II level by the inability to perform the full range of duties assigned to the Account Clerk II class. Positions in this class typically have little directly related work experience and work under immediate supervision while learning job skills. Account Clerk II – This is the journey level class in the Account Clerk series and is distinguished from the I level by the ability to perform the full range of duties as assigned with only occasional instruction or assistance. Positions in this class are flexibly staffed and are normally filled by advancement from the I level. The Account Clerk II class is distinguished from the Accounting Technician I class in that more complex and specialized duties and responsibilities are assigned to the Accounting Technician I. Supervision Received and Exercised Account Clerk I – Receives immediate supervision from higher level accounting or supervisory personnel. Account Clerk II – Receives general supervision from higher level accounting or supervisory personnel. Examples of duties - Duties may include, but are not limited to, the following: Post, verify, and balance various accounts; gather, sort, and research records and files; and trace discrepancies to reconcile accounts. Perform data entry functions and operate an on-line interactive computer terminal or personal computer; process cash receipts by use of a bar code reader. City of Cupertino August 2014 Account Clerk Page 2 of 3 Manage petty cash funds; receive and process petty cash payments; handle cash; and prepare bank deposits. Explain department policies and procedures related to clerical accounting functions. Collect, sort, and distribute incoming and outgoing mail and various accounting reports and documents; and perform cashiering duties. Assist with preparation and monitoring of billing for City services; research and compile relevant information; follow up on delinquent accounts and bad debt; and perform related collection functions as assigned. Assist with preparation, review and verification of purchase orders, vendor invoices and related documentation; confirm authorization; maintain purchasing files; and assist with preparation of warrant registers. Maintain sub-system and/or subsidiary ledgers; perform reconciliations of general ledger accounts; and prepare reports as required. Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service. Perform related duties as required Qualifications Account Clerk I Knowledge of: Basic principles and practices of accounting; arithmetic and basic mathematical calculations, including decimals and percentages; modern office procedures and methods, including standard filing, indexing, and cross-referencing;; and modern office equipment, including computer systems and business software. Ability to: Make mathematical calculations and perform detailed clerical work with speed and accuracy; review and proof documents related to department operations, and identify and problem solve office operations and procedures; explain department policies and procedures; process, balance and adjust a variety of fiscal transactions; on a continuous basis, sit at a desk for long periods of time; intermittently twist and reach office equipment, and bend, squat, kneel, or twist while managing physical files; hand write and use a keyboard to draft communications; lift or carry weight of 10 pounds or less; learn policies and procedures applicable to the processing and maintenance of accounting data; work with a diverse population in a tactful and effective manner; obtain information through questioning and deal firmly and courteously with the public; operate a personal computer in the performance of a variety of clerical accounting and statistical functions; type at a speed necessary for successful job performance; understand and follow written and oral instructions. Experience and Education: Requires one year of progressively responsible accounting experience, including bookkeeping, complex numerical calculations and/or processing of financial data. Completion of twelfth grade supplemented by college level courses in accounting, finance and business. Associates of Arts degree desirable. License or Certificate: Possession, or ability to obtain, a valid California Driver’s License. City of Cupertino August 2014 Account Clerk Page 3 of 3 Account Clerk II In addition to the qualifications for Account Clerk I: Knowledge of: Department policies and procedures related to clerical accounting functions. Ability to: Perform the full range of duties as assigned with only occasional instruction or assistance. Experience and Education: Two years of progressively responsible accounting experience similar to Account Clerk I in the City of Cupertino. Approved: ________ Established: 7/71 Revised: 9/96, 7/06, 8/14 City of Cupertino August 2014 Accounting Technician I/II Page 1 of 6 ACCOUNTING TECHNICIAN I/II DEFINITION To perform paraprofessional and high level clerical accounting work in one or more designated areas such as payroll or general accounting; and to assume responsibility for a designated procedural area and work independently in performing a variety of responsible administrative and technical duties. DISTINGUISHING CHARACTERISTICS Accounting Technician I: This is the lower level in the paraprofessional accounting class series. Positions in this class perform a variety of responsible tasks in one or more assigned programmatic or procedural areas. They are expected to independently perform procedurally complex duties and to assume responsibility in one or more defined procedural areas. The Accounting Technician I class is distinguished from the II level in that II level positions possess specialized expertise in one or more areas, exercise a significant amount of decision-making authority in these areas, and function with a high degree of independence. Accounting Technician I level positions may be characterized as having a greater proportion of high level clerical duties in comparison to paraprofessional duties. Accounting Technician II: This is the higher level of the paraprofessional accounting class series. Positions in this class demonstrate a substantial knowledge of accounting principles and procedures in performing paraprofessional and high level clerical work and are expected to assume substantial responsibility in assigned programmatic or procedural areas. The Accounting Technician II is a specialist in one or more fiscal areas and functions with a high degree of independence. This level may be characterized as having a greater proportion of paraprofessional duties in comparison to high level clerical duties. SUPERVISION RECEIVED AND EXERCISED Accounting Technician I Receives general supervision from the Finance Manager or other managerial position. May exercise technical supervision over lower level staff pertaining to assigned procedural areas. Accounting Technician II Receives direction from the Finance Manager or other managerial position. Exercises functional or technical supervision over lower level staff as required. EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following: City of Cupertino August 2014 Accounting Technician I/II Page 2 of 6 Payroll/Fiscal Clerical Perform bookkeeping and accounting duties within an assigned area of the City’s financial system such as payroll. Prepare and monitor the City’s payroll; audit time sheets and verify for accuracy. Prepare payroll deductions and remit a variety of payments and reports. Perform related payroll functions including payroll reports and payroll tax returns, reconciling to accounting records. Prepare and monitor appropriate accounts involving posting and balancing. Check all personnel action forms received from Personnel; verify for accuracy and make necessary corrections. Compute retro adjustments; input in the terminal manual adjustments to payroll register and terminations after completion of payroll. Conduct extensive research of payroll records for problems and make necessary corrections. Advise and answer questions regarding union rules, personnel rules, M.O.U.’s, payroll codes, and other payroll- related areas. Edit and correct departmental time cards; edit preliminary time card file listings. Reconcile payroll register with deduction register; check if additional dollar amounts are reflected in payroll. Contact and advise others on errors or changes in time cards. Sort and distribute payroll reports and time cards to departments. Bill retired employees for premiums for their dependents on the City group plans; record payments as they are received; prepare documents for changes in status for data input. Do research concerning retirement benefits, court actions, sick leave or various matters requiring documented background. Compute garnishments for employees for data input. Compute retirement, resignations, and other types of payment entitlements. City of Cupertino August 2014 Accounting Technician I/II Page 3 of 6 Perform related duties as assigned. General Accounting Perform paraprofessional budgeting and accounting procedures as directed. Assist in working with banks and lending institutions to place City funds in interest bearing instruments. Maintain records of investments; estimate and monitor cash requirements of the City. Reconcile City checking accounts. Maintain file of miscellaneous accounts receivable including initiation of billings, collections and follow-up in accounts. Prepare reports and perform analyses of office accounting procedures. Receive and enter daily cash receipts; check for errors. Prepare Proof of Cash and balance general bank account. Assist Senior Accountant in balancing of General Ledger. Prepare journal vouchers for monthly reconciliation. Prepare billings for accounts receivable; follow up on delinquent payments; prepare filing system and enter payments in computer. Balance a variety of bank accounts and keep files on them. Receive and issue checks on bonds and coupons. Balance and keep accurate records of bonds. Receive money and issue checks for Treasurer's Revolving Fund. Record and reconcile returned checks (NSF). Issue statements to bond holders and determine delinquent amounts due. Enter all new loans, work in progress payments, and loan payments from HCDA into computer. City of Cupertino August 2014 Accounting Technician I/II Page 4 of 6 Issue all stop payments. Perform related duties as assigned. QUALIFICATIONS Accounting Technician I Knowledge of: Accounting clerical procedures performed in municipal government, including accounts payable accounts receivable, payroll and utility billing. Accounting record keeping principles, practices and terminology. Efficient office methods and procedures. Data processing applications in payroll and other fiscal functions. Procedural complexities involved in payroll administration in a municipality. Legal procedures related to the enforcing of laws and ordinances. Investigative and interviewing techniques. Ability to: Perform responsible financial record keeping work; adhere to good bookkeeping practices and procedures. Perform mathematical and statistical computations with speed and accuracy. Operate electric and electronic adding, calculating and data processing machines. Assist in the preparation of financial statements, analysis and reports. Perform a variety of complex procedures in administering a payroll system in a municipality. Work independently under pressure; meet established deadlines. Perform a variety of administrative and clerical support procedures. Communicate effectively, orally and in writing. Analyze and interpret legal and financial documents. City of Cupertino August 2014 Accounting Technician I/II Page 5 of 6 Prepare reports and correspondence. Establish and maintain cooperative working relationships with others. On a continuous basis, sit at a desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate though written means; and lift or carry weight of 10 pounds or less. Experience and Education: Associates of Arts degree (AA) and two years of recent experience in an accounting clerical position. AA degree may be substituted with two additional years of experience in an accounting clerical position. License and Certificate: Possession of, or ability to obtain, a valid Class C California driver’s license. Accounting Technician II In addition to the qualifications for Accounting Technician I: Knowledge of: General knowledge of governmental accounting principles, practices and procedures. Data processing applications in accounting functions. State and City regulations governing the treasury functions. Investment programs and cash flow analysis. Principles and techniques of effective supervision and program administration. Specialized principles and procedures in a major accounting clerical area or fiscal program Ability to: Perform a wide variety of paraprofessional accounting procedures. Apply accounting principles and procedures to a variety of transactions. Analyze accounting procedures. Prepare accounting, financial and statistical statements, compiling basic and supporting data. City of Cupertino August 2014 Accounting Technician I/II Page 6 of 6 Function with a high degree of independence in performing job duties and exercise sound judgment in programmatic and procedural decision making. Experience and Education: Two years of recent, responsible experience in a paraprofessional accounting clerical position such as the Accounting Technician I in the City of Cupertino. Approved: ____________ Established: 2/87 Revised: 4/87, 8/14 City of Cupertino August 2014 Accountant I/II Page 1 of 3 ACCOUNTANT I/II DEFINITION To perform professional accounting work requiring a general knowledge of governmental accounting systems, practices and principles; and to record and report financial transaction, review accounting records, and prepare financial reports and analyses; and perform related duties and required. DISTINGUISHING CHARACTERISTICS Accountant I - This is the entry level class in the professional accounting series. This class is distinguished from the Accountant II by the performance of the more routine tasks and duties assigned to positions within the series. Since this class is typically used as a training class, employees may have only limited work experience. Accountant II - This is the journey level class within the professional accounting series. Employees within this class are distinguished from the Accountant I by the performance of the full range of duties as assigned including those requiring a thorough knowledge of governmental accounting systems and procedures. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise, and are fully aware of the operating procedures and policies of the work unit. Positions in this class are flexibly staffed and are normally filled by advancement from the I level or when filled from the outside, require prior professional accounting experience. Appointment to the higher class requires that the employee be performing the full range of duties for the class and meets the qualification standards for the class. SUPERVISION RECEIVED AND EXERCISED Accountant I Receives general supervision from the Finance Manager or other managerial position. Accountant II Receives direction from the Finance Manager or other managerial position. EXAMPLES OF DUTIES - Depending upon assignment, duties may include, but are not limited to, the following: Participate in the posting, balancing and reconciliation of the General Ledger and subsidiary accounts; prepare bank reconciliation. Assist in the preparation of the annual financial statements and State Controller's Report; prepare audit schedules for the annual audit. Maintain debt service funds; monitor and reconcile paying agents' accounts. Issue correcting and adjusting journal entries to update the general ledger for assigned funds. City of Cupertino August 2014 Accountant I/II Page 2 of 3 Perform comprehensive financial activity studies as directed; provide analysis of various funds at management request. Input journal vouchers and counter checks into the computer. Prepare fund balance projections and review with operating departments. Monitor and maintain records on City's fixed assets. Assist departmental personnel and City staff with budget activity, proper expenditure coding, document preparation and other accounting related activities. May provide technical guidance to lower level accounting personnel in accounts receivable, payable and payroll functions. QUALIFICATIONS Accountant I Knowledge of: Generally accepted accounting principles and practices. Modern office procedures, methods and computer equipment. Ability to: Learn to apply accounting principles to the maintenance of financial and accounting transactions and audit of financial records. Learn and apply Federal, State and local laws and regulations to accounting and auditing work. Examine and verify financial documents and reports. Prepare a variety of financial statements, reports and analyses. Communicate clearly and concisely, both orally and in writing. On a continuous basis, sit at a desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate though written means; and lift or carry weight of 10 pounds or less. Establish and maintain cooperative working relationships with those contacted in the course of work. Experience and Education: One year of recent, responsible experience in a paraprofessional accounting clerical position. Equivalent to a Bachelor's degree from an accredited college or university in Accounting, Business Administration or related field. Certified Public Accountant is highly desirable. Accountant II City of Cupertino August 2014 Accountant I/II Page 3 of 3 In addition to the qualifications of Accountant I: Knowledge of: Principles of financial administration, including budgeting and reporting. Automated financial management systems. Federal and State grant regulations and guidelines. Application of generally accepted accounting principles and procedures to a variety of accounting audits, transactions and problems. Governmental accounting principles and practices. Financial research and report preparation methods and techniques. Ability to: Analyze and interpret financial and accounting records. Apply Federal, State and local laws and regulations pertaining to accounting and auditing work. Examine and verify a wide variety of financial documents and reports. Prepare a variety of complex financial statements, reports and analyses. Experience and Education: Two years of recent responsible governmental accounting experience comparable to that of an Accountant I in the City of Cupertino. Approved: _______ Established: 5/72 Revised: 12/73, 9/96, 2/13, 8/14 1 MEMORANDUM OF UNDERSTANDING City of Cupertino And City Employees’ Association (CEA) July 1, 2013 - June 30, 2016 2 Table of Contents Category Section Page Number No Discrimination 1 4 Salary Schedule 2 4 Out of Classification Pay 3 5 Bilingual Pay Differential 4 5 Hours of Work – Overtime 5 5 Facilities Closure 6 6 PERS Contribution 7 7 Insurance Coverage 8 8 Holidays 9 9 Temporary Disability Benefits 10 10 Vacation 11 11 Sick Leave 12 11 Sick Leave Verification 13 13 Bereavement Leave 14 13 Military Leave 15 13 Pregnancy Disability Leave 16 14 Adoption Leave 17 15 Catastrophic Leave 18 15 Absence Notification 19 16 Family Medical Leave Act 20 16 Table of Contents 3 Category Section Page Number Education Reimbursement Program 21 16 City Sponsored Recreation Programs 22 17 Due Process 23 17 Layoff Procedure 24 17 Reinstatement 25 18 Continuation of Benefits 26 18 Separability 27 18 Ratification 28 19 Concessions Reopener 29 19 Reopener 30 19 Term 31 19 Salary Schedule (includes the equity adjustments as provided for in Exhibit 2 below) Exhibit 1 21 Total Compensation Equity Adjustments Schedule Exhibit 2 24 4 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CUPERTINO AND CUPERTINO CITY EMPLOYEES’ ASSOCIATION This is a three (3) year agreement, entered into the 1st day of July, 2013 between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino City Employees’ Association, hereinafter 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 In accordance with the City of Cupertino Equal Employment Opportunity Plan, 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 Association activity or any other basis prohibited by applicable Federal and State law against any employee. SECTION 2: SALARY SCHEDULE Monthly salary ranges as listed on Exhibit 1 will apply for each classification effective at the beginning of the pay period in which July 1 occurs unless otherwise noted below. Effective the first full pay period after Association ratification and adoption by the City Council, a 1.5% salary increase will be added to the salary range of each classification in this bargaining unit. Effective the first full pay period in July 2014, a 1.5% salary increase will be added to the salary range of each classification in this bargaining unit. Effective the first full pay period in July 2015, a 1.25% salary increase will be added to the salary range of each classification in this bargaining unit. In addition, total compensation equity adjustments as identified in the City’s 2013 total compensation study shall occur as provided for in Exhibit 2 of this MOU. 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 5 assigned. In 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. SECTION 5: HOURS OF WORK: OVERTIME 5.1 Hours of Work Defined Hours worked shall include all time assigned by employer whether such hours are worked in the City’s work place, or in some other place where 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 employee’s hours of work will be made after 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 6 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, City Holidays or during an employee’s scheduled vacation shall be considered to be overtime and paid accordingly. 5.6 Compensatory Time Off (CTO) At the employee’s discretion, compensatory time off may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees, who have previously earned compensatory time, shall be allowed to schedule compensatory time off at dates of the employee’s selection provided that prior supervisory approval has been obtained. CTO time 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 two times each c alendar 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 City facilities* will be closed from December 24 through January 1, of each year during the term of the contract only. 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: PUBLIC EMPLOYEES RETIREMENT (PERS) CONTRIBUTION A. For Employees hired on or before December 29, 2012 Only For City of Cupertino employees hired by the City of Cupertino on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 retirement formula. Effective in the first full pay period after Association ratification and adoption of this MOU by the City Council, the City agrees to pay the employee’s contribution rate to the California 7 Public Employees Retirement System (CalPERS) not to exceed 4.5 % of applicable salary and each employee agrees to pay 3.5% of applicable salary. Effective in the first full pay period in July 2014, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 3.0 % of applicable salary and each employee agrees to pay 5.0% of applicable salary. Effective in the first full pay period in July 2015, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 1.75% of applicable salary and each employee agrees to pay 6.25% of applicable salary. The City agrees to pay the employer’s contribution rate to the Public Employees Retirement System to the extent required by law and the parties acknowledge that by January 1, 2018 the employees are required to pay 50% of the normal cost rate as determined by CalPERS. B. For employees hired by the City of Cupertino on December 30, 2012 or on December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only. For employees hired by the City of Cupertino on December 30, 2012 or on December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula based on a three year average compensation. Effective in the first full pay period upon Association ratification and adoption of the MOU by the City Council, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 3.5 % of applicable salary and each employee agrees to pay 3.5% of applicable salary. Effective in the first full pay period in July 2014, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 2.0 % of applicable salary and each employee agrees to pay 5.0% of applicable salary. Effective in the first full pay period in July 2015, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed .75% of applicable salary and each employee agrees to pay 6.25% of applicable salary. The City agrees to pay the employer’s contribution rate to the Public Employees Retirement System to the extent required by law and the parties acknowledge that by January 1, 2018 the employees are required to pay 50% of the normal cost rate as determined by CalPERS. C. For employees hired by the City of Cupertino on of after January 1, 2013, or former CalPERS employees that do not qualify as Classic employees hired by the City of Cupertino on or after January 1, 2013 Only For employees hired by the City of Cupertino on or after January 1, 2013 , CalPERS has by statute implemented a 2% @ 62 formula based on a three year average compensation. Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS. 8 SECTION 8: INSURANCE COVERAGE 8.1.a Health - Medical Insurance 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 employee. In instances where the premium for the insurance plan selected is less than the city’s maximum premium contribution, the difference will be added to the employee’s bi-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 Cupertino and who are not eligible for retiree medical benefits as defined in the Summary of 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, new medical plans are identified that will be beneficial to the City and CEA, the contract will be reopened to discuss these plan options. 8.1.b Health Reimbursement Account (HRA) Effective as soon as administratively possible, the City will establish a Health Reimbursement Account (HRA) to be used towards health related expenses as determined by the IRS. Effective the first full pay period after Association ratification and adoption of this MOU by the City Council, each eligible employee in this unit will receive an $83.00 monthly contribution from the City into a Health Reimbursement Account (HRA) or a notional account until the HRA is established to be used towards health related expenses, consistent with the laws and regulations governing HRAs. The parties acknowledge that the use of these funds shall not occur until the HRA is established. The parties agree to meet and discuss HRA program implementation. Effective the first full pay period in July 2014, each eligible employee will receive an additional $80.00 per month contribution from the City for a total of $163.00 per month into 9 the Health Reimbursement Account (HRA). 8.2 Dental Insurance City agrees to pay $78.26 per month 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 The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,000 of covered monthly salary. 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 cost of $14.94 monthly. SECTION 9: HOLIDAYS 9.1 Fixed Holidays The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement: 1. New Year’s Day 7. Veteran’s Day 2. Martin Luther King Day 8. Thanksgiving Day 3. President’s Day 9. Day following Thanksgiving 4. Memorial Day 10. Christmas Eve 5. Independence Day 11. Christmas Day 6. Labor Day 12. New Year’s Eve When a holiday falls on a Saturday, the preceding Friday shall be observed as the non - work day. When a holiday falls on a Sunday, the following Monday shall be 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. 10 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 leav e shall be taken 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 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 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. 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 11 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 Period Annual Accruals Maximum Accrual 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. 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 All full time employees hired before October 17, 2012 (other than those holding temporary status), shall earn eight (8) hours per month sick leave time without limit on accumulation. All employees hired on or after October 17, 2012 shall earn eight (8) 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. Sick leave may be utilized due to the employee’s personal illness, injury, pregnancy disability or sickness or injury to the immediate family. The employee’s immediate family consists of the following: children, stepchildren, spouse/domestic partner, parents, mother-in-law, father-in-law, 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. 12 12.1 Sick Leave Conversion. Any employee hired before October 17, 2012, 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. 12.2 Sick leave is not vested under California statutory law. 12.3 Employees hired before October 17, 2012 shall have the option of cashing out sick leave in accordance with Section 12.4 and 12.5. 12.4 If upon retirement the qualifying 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 bank at the employee’s discretion. 12.5 If upon resignation the qualifying employee has a minimum of 320 non-vested hours, payment shall be made for up to seventy percent (70%) of the value of the bank at the employee’s discretion. 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 employee’s remaining 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. 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 13 regularly accrued vacation time. c. 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 ti me 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 reasonable acceptable evidence, including a doctor’s certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor’s 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. SECTION 14: BEREAVEMENT LEAVE Employees shall be granted paid bereavement leave of up to 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. Additional bereavement leave of up to 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 and Federal 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 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 condition, including but not 14 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 employee’s entitlement to up to 12 weeks of FMLA leave. Employees otherwise 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 i s on unpaid status or the employee has less than 20 hours per week on their timesheet, the employee may elect to continue and enroll in COBRA benefits at employee’s expense. The employee will be accruing sick leave, floating holiday and vacation leave during the period of time, if any, the employee is in paid status. Any time the employee’s hours adjust to less than 40 hours per week, however of paid status, the employee’s accrual rates (sick 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 be employed by the City for at least one year and have worked at least 1250 hours during the year preceding the leave. The leave is unpaid, but the employee may use floating holiday, compensatory time and vacation leave in order to receive pay during the leave. The employee may use sick leave for a baby’s illness or doctor’s appointment when applicable to receive pay during the leave. Bonding leave must be used within one year of the birth of the baby. An employee who plans to take PDL must give reasonable notice (not less than 4 weeks if anticipated or as soon as possible if the leave is unforeseen) before the date employee expects to take the leave. As with all other employees returning from medical leave, employees returning from PDL leave of at least 3 days are required to provide a doctor’s note clearing them to return to work. If an employee requires reasonable accommodations as a result of pregnancy, employee 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/Disabililty and from Human Resources. SECTION 17: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) work weeks will be granted to adoptive parents. Such leave must be used within one year of the adoption. The city will pay 15 health and welfare benefits for the duration of the leave as the same rate as prior to the leave consistent with the contributions as provided for under the existing MOU. If 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), employee may be eligible for up to 12 work weeks total (the above four (4) work weeks plus an additional eight (8) work weeks) for bonding with the adopted child during the first year after adoption. The employee may be eligible for health benefits during the twelve (12) work week period at the same rate as prior to the leave as provided for under the existing MOU. During adoption leave, accrued vacation may be used by the employee at his or her option in order to receive for the leave. Sick leave may only be used during the leave in the event of illness or medical appointments of the adoptive child during the leave. SECTION 18: CATASTROPHIC LEAVE a. The City’s Catastrophic Leave Committee will evaluate each individual case when it is 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 the treating physician, and to determine the applicant’s eligibility for catastrophic leave hours. b. All benefited employees 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. h. 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. 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. 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 16 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. SECTION 20: FAMILY MEDICAL LEAVE /CALIFORNIA FAMILY RIGHTS ACTS The City of Cupertino shall comply with the leave provisions of the Family Medical Leave Act and the California Family Rights Act for employees who qualify for leave under these laws. SECTION 21: EDUCATION REIMBURSEMENT PROGRAM It is the intent of the City to recognize the value of continuing education and professional development of its employees; and to adopt a Tuition Reimbursement Program which will encourage employees to avail themselves of City job related educational opportunities that will advance their knowledge and interests in the direction of their career path. Courses may be specific to their current job specifications, requirements for degree completion or taken to advance knowledge and skills for a position within the City the employee wishes to obtain. The Education 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 seek reimbursement from the City for educational program costs shall provide a written request for reimbursement in advance of enrollment to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. The Human Resources Director and the employee’s department head will 17 make the determination if the chosen education program is eligible for reimbursement. No employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the coursework. 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 22: CITY SPONSORED RECREATION AND WELLNESS PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation programs at the City residents’ fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees for employee and family members on the employee’s health plan are eligible to receive up to $400 per employee in Rec Bucks toward City of Cupertino recreation services in accordance with the City’s Recreation 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 number of hours worked. Recreation Bucks must be used by the employee within two years of the issuance date and are non-transferrable. City employees are eligible to participate in the City’s wellness program as provided for in the City’s Administrative Manual. SECTION 23: DUE PROCESS For demotions, 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 procedures. Any written warning in an employee’s file will be removed from the file after three years. SECTION 24: 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. 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 deducted from an employee’s length of service for the purpose of determining seniority. 18 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 at the time of layoff. Such notice will include the employee’s 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 25: REINSTATEMENT With the approval of the Appointing Authority, a regular or 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 26: 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. However, the parties agree that any automatic economic triggers, formulas or escalators shall become inoperable and void upon expiration of this contract. SECTION 27: 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 inseparable from the remaining portion of the agreement. SECTION 28: RATIFICATION 19 Nothing contained in this memorandum shall be binding upon either the City or the Association until it has been ratified by the Association’s membership and presented and approved by the City Council of the City. SECTION 29: REOPENER ON CONCESSIONS During the term of the MOU, should any other bargaining unit reach a signed agreement that results, over the lifetime of the contract, a package that contains few concessions than the CEA’s overall package, then the City agrees to reopen negotiations with the goal of adjusting the reductions to an equitable amount. SECTION 30: REOPENER The parties agree to reopen this article only on later than December 1, 2013 to meet and confer to impasse consistent with AB646 over necessary changes to the City’s Medical program as a result of the Affordable Health Care Act defining the features of the Health Reimbursement Account and/or restructuring the City’s contribution toward medical including the elimination of the CalPERS 100/90 retiree medical program. SECTION 31: TERM This agreement shall be effective commencing at 12:01 a.m., July 1, 2013 and ending at 11:59 p.m. June 30, 2016. CITY EMPLOYEES’ ASSOCIATION CITY OF CUPERTINO Rachelle Sander David Brandt Beth Ebben Carol Atwood Larry Squarcia Dania Torres Wong, RSHS Jeff Ordway 20 Jeff Greef City Attorney, Approved as to form Date: Date: EXHIBIT 1 SECTION 2: SALARY SCHEDULE 2013 Salary Effective July 1, 2013 Classification Step 1 Step 2 Step 3 Step 4 Step 5 21 Account Clerk $4,622 $4,853 $5,096 $5,350 $5,618 Administrative Clerk $4,894 $5,138 $5,395 $5,665 $5,948 Assistant Civil Engineer $6,960 $7,307 $7,673 $8,057 $8,459 Assistant Planner $6,268 $6,582 $6,911 $7,257 $7,619 Associate Civil Engineer $7,501 $7,875 $8,269 $8,683 $9,116 Associate Planner $6,755 $7,093 $7,448 $7,820 $8,211 Building Inspector $7,118 $7,474 $7,847 $8,240 $8,652 Case Manager $5,065 $5,318 $5,584 $5,863 $6,156 Code Enforcement Officer $5,795 $6,084 $6,389 $6,708 $7,044 Engineering Technician $5,871 $6,165 $6,473 $6,797 $7,137 Environmental Programs Assistant $5,912 $6,208 $6,519 $6,845 $7,187 Facility Attendant $3,545 $3,723 $3,909 $4,104 $4,310 Media Coordinator $5,295 $5,559 $5,837 $6,129 $6,436 Office Assistant $3,906 $4,101 $4,306 $4,522 $4,748 Permit Technician $4,820 $5,061 $5,314 $5,580 $5,859 Plan Check Engineer $7,538 $7,914 $8,310 $8,726 $9,162 Pro Shop Attendant $3,329 $3,496 $3,671 $3,854 $4,047 Producer $5,128 $5,384 $5,654 $5,936 $6,233 Program Promotions Director $4,766 $5,005 $5,255 $5,518 $5,794 Public Works Inspector $7,118 $7,474 $7,847 $8,240 $8,652 Receptionist/Clerk $3,524 $3,701 $3,886 $4,080 $4,284 Recreation Assistant $2,516 $2,642 $2,774 $2,912 $3,058 Recreation Coordinator $4,843 $5,085 $5,339 $5,606 $5,886 Senior Building Inspector $7,605 $7,986 $8,385 $8,804 $9,244 Senior Code Enforcement Officer $6,084 $6,389 $6,708 $7,044 $7,396 Senior Engineering Technician $6,328 $6,644 $6,976 $7,325 $7,691 Senior Office Assistant $4,337 $4,554 $4,781 $5,021 $5,272 Senior Planner $7,244 $7,606 $7,986 $8,386 $8,805 Senior Traffic Technician $6,328 $6,644 $6,976 $7,325 $7,691 Special Programs Coordinator $4,294 $4,509 $4,734 $4,971 $5,220 Traffic Signal Technician $6,585 $6,914 $7,260 $7,623 $8,004 Traffic Signal Technician - Apprentice $5,688 $5,973 $6,271 $6,585 $6,914 Traffic Technician $5,871 $6,165 $6,473 $6,797 $7,137 Salary Effective July 1, 2014 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Account Clerk I $4,276 $4,490 $4,715 $4,950 $5,198 Account Clerk II $4,715 $4,950 $5,198 $5,458 $5,731 22 Administrative Clerk $4,977 $5,226 $5,487 $5,762 $6,050 Assistant Civil Engineer $7,135 $7,491 $7,866 $8,259 $8,672 Assistant Planner $6,407 $6,727 $7,064 $7,417 $7,788 Associate Civil Engineer $7,690 $8,073 $8,477 $8,901 $9,346 Associate Planner $6,905 $7,250 $7,612 $7,993 $8,393 Building Inspector $7,224 $7,586 $7,965 $8,363 $8,781 Case Manager $5,249 $5,511 $5,787 $6,076 $6,380 Code Enforcement Officer $5,917 $6,213 $6,523 $6,850 $7,192 Engineering Technician $5,959 $6,257 $6,570 $6,899 $7,244 Environmental Programs Assistant $6,001 $6,301 $6,616 $6,947 $7,295 Facility Attendant $3,660 $3,843 $4,035 $4,237 $4,449 Media Coordinator $5,455 $5,727 $6,014 $6,314 $6,630 Office Assistant $3,972 $4,171 $4,380 $4,599 $4,829 Permit Technician $5,005 $5,255 $5,518 $5,794 $6,084 Plan Check Engineer $7,789 $8,177 $8,586 $9,016 $9,466 Pro Shop Attendant $3,379 $3,548 $3,726 $3,912 $4,108 Producer $5,205 $5,465 $5,738 $6,025 $6,327 Program Promotions Director $4,838 $5,080 $5,334 $5,600 $5,881 Public Works Inspector $7,224 $7,586 $7,965 $8,363 $8,781 Receptionist/Clerk $3,577 $3,756 $3,944 $4,141 $4,348 Recreation Assistant $2,559 $2,687 $2,821 $2,962 $3,110 Recreation Coordinator $5,018 $5,269 $5,533 $5,810 $6,100 Senior Building Inspector $7,719 $8,105 $8,511 $8,936 $9,383 Senior Code Enforcement Officer $6,213 $6,523 $6,850 $7,192 $7,552 Senior Engineering Technician $6,422 $6,744 $7,081 $7,435 $7,807 Senior Office Assistant $4,411 $4,631 $4,863 $5,106 $5,361 Senior Planner $7,404 $7,774 $8,163 $8,571 $9,000 Senior Traffic Technician $6,422 $6,744 $7,081 $7,435 $7,807 Special Programs Coordinator $4,359 $4,577 $4,805 $5,046 $5,298 Traffic Signal Technician $6,684 $7,018 $7,369 $7,738 $8,124 Traffic Signal Technician - Apprentice $5,774 $6,062 $6,366 $6,684 $7,018 Traffic Technician $5,959 $6,257 $6,570 $6,899 $7,244 Salary Effective July 1, 2015 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Account Clerk I $4,369 $4,587 $4,817 $5,057 $5,310 23 Account Clerk II $4,817 $5,057 $5,310 $5,576 $5,855 Administrative Clerk $5,049 $5,302 $5,567 $5,845 $6,138 Assistant Civil Engineer $7,383 $7,751 $8,139 $8,547 $8,973 Assistant Planner $6,565 $6,893 $7,238 $7,600 $7,980 Associate Civil Engineer $7,957 $8,354 $8,772 $9,211 $9,671 Associate Planner $7,075 $7,429 $7,800 $8,190 $8,600 Building Inspector $7,315 $7,680 $8,065 $8,468 $8,891 Case Manager $5,591 $5,870 $6,164 $6,472 $6,796 Code Enforcement Officer $6,063 $6,366 $6,684 $7,019 $7,369 Engineering Technician $6,034 $6,336 $6,652 $6,985 $7,334 Environmental Programs Assistant $6,076 $6,380 $6,699 $7,034 $7,386 Facility Attendant $3,861 $4,054 $4,257 $4,470 $4,694 Media Coordinator $5,716 $6,002 $6,302 $6,617 $6,948 Office Assistant $4,022 $4,223 $4,434 $4,656 $4,889 Permit Technician $5,366 $5,635 $5,917 $6,212 $6,523 Plan Check Engineer $8,218 $8,627 $9,059 $9,512 $9,987 Pro Shop Attendant $3,422 $3,593 $3,772 $3,961 $4,159 Producer $5,270 $5,533 $5,810 $6,101 $6,406 Program Promotions Director $4,898 $5,143 $5,400 $5,670 $5,954 Public Works Inspector $7,315 $7,680 $8,065 $8,468 $8,891 Receptionist/Clerk $3,622 $3,803 $3,993 $4,193 $4,403 Recreation Assistant $2,591 $2,720 $2,856 $2,999 $3,149 Recreation Coordinator $5,345 $5,613 $5,893 $6,188 $6,498 Senior Building Inspector $7,816 $8,207 $8,617 $9,048 $9,500 Senior Code Enforcement Officer $6,372 $6,691 $7,025 $7,377 $7,746 Senior Engineering Technician $6,503 $6,828 $7,169 $7,528 $7,904 Senior Office Assistant $4,466 $4,689 $4,924 $5,170 $5,428 Senior Planner $7,587 $7,966 $8,364 $8,783 $9,222 Senior Traffic Technician $6,503 $6,828 $7,169 $7,528 $7,904 Special Programs Coordinator $4,413 $4,634 $4,866 $5,109 $5,364 Traffic Signal Technician $6,767 $7,106 $7,461 $7,834 $8,226 Traffic Signal Technician - Apprentice $5,846 $6,138 $6,445 $6,767 $7,106 Traffic Technician $6,034 $6,336 $6,652 $6,985 $7,334 Amended: 7/1/14 Note: This salary schedule is inclusive of both the salary increases provided for in Section 2 of the MOU and the equity adjustments outlined in Exhibit 2 below. 24 EXHIBIT 2: Total Compensation Equity Adjustment Schedule Classification Equity Adjustments Effective the First Full pay period after Association Ratification and Council Adoption Effective the first full pay period in July 2014 Effective the First Full pay period in July 2015 Account Clerk 0.5% 0.5% 0.9% Administrative Clerk 0.4% 0.2% 0.2% Associate Civil Engineer 0.8% 1.0% 2.2% Associate Planner 0.6% 0.7% 1.2% Assistant Planner 0.6% 0.7% 1.2% Senior Planner 0.6% 0.7% 1.2% Building Inspector 0.0% 0.0% 0.0% Senior Building Inspector 0.0% 0.0% 0.0% Code Enforcement Officer 0.6% 0.6% 1.2% Senior Code Enforcement Officer 0.6% 0.6% 1.3% Engineer Technician 0.0% 0.0% 0.0% Environmental Programs Manager Environmental Programs Assistant 0.0% 0.0% 0.0% Permit Technician* 1.7% 2.3% 5.9% Plan Check Engineer 1.3% 1.8% 4.2% Public Works Inspector 0.0% 0.0% 0.0% Recreation Coordinator 1.6% 2.1% 5.2% Case Manager 1.6% 2.1% 5.2% Facility Attendant 1.3% 1.7% 4.2% Senior Office Assistant 0.3% 0.2% 0.0% Office Assistant 0.3% 0.2% 0.0% Recreation Assistant 0.3% 0.2% 0.0% Traffic Signal Technician 0.0% 0.0% 0.0% Web Specialist Media Coordinator 1.1% 1.5% 3.5% Classifications in bold = Benchmark class *Permit Technician will receive an additional equity adjustment in Year 1 to close the 2.8% inequity in Base+Cash 1 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented. MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS: Classification Title Accountant I Director of Public Works Accountant II Environmental Programs Manager Accounting Technician I Executive Assistant to the City Manager Accounting Technician II Finance Manager Administrative Assistant GIS Coordinator Assistant City Attorney Assistant City Manager Assistant Director of Community Development Assistant Director of Public Works Human Resources Assistant Human Resources Analyst I Human Resources Analyst II Human Resources Technician I Human Resources Technician II Assistant to the City Manager Information Technology Assistant Building Official Information Technology Manager Capital Improvement Program Manager Human Resources Manager City Clerk Legal Services Manager City Planner Management Analyst Community Relations Coordinator Network Specialist Deputy City Clerk 2 Director of Administrative Services Director of Community Development Director of Recreation and Community Service MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued) Public Affairs Director Public Works Projects Manager Public Works Supervisor Recreation Supervisor Economic Development Manager Senior Accountant Senior Civil Engineer Recreation Manager Senior Management Analyst Service Center Superintendent 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, 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 10/12, 12/12, 7/13,11/13,12/13,3/14, 7/14 3 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of 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 the City’s ability to pay consistent with its fiscal policies. Effective the first full pay period in July 2013, a 1.5% salary increase will be added to the salary ranges of classifications in this group. Effective the first full pay period in July 2014, a 1.5% salary increase will be added to the salary ranges of classifications in this group. Effective the first full pay period in July 2015, a 1.25% salary increase will be added to the salary ranges of classification in this group. See Attachment A for a list of paygrades. In addition, equity adjustments as identified in the City’s 2013 total compensation survey shall occur over the next three years. Effective the first pay period in July 2013, a .46% equity adjustment will be added to the salary ranges of classifications as noted in Attachment A. Effective the first pay period in July, 2014, a .97% equity adjustment will be added to the salary ranges of classifications as noted in Attachment A. Effective the first pay period in July, 2015, a 1.21% equity adjustment will be added to the salary ranges of classifications as noted in Attachment A. Adopted by Action of the City Council April 1, 1974 Revised 8/78, 7/79, 6/80, 7/92, 6/95, 10/12, 7/13 City of Cupertino 4 UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM Policy No. 3 TRAINING AND CONFERENCES I. POLICY A. Management Personnel It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approved strategy for attracting and retaining businesses in the City. One means of implementing this encouragement is through a formal reimbursement and advance schedule for authorized attendance at such conferences, meetings and training sessions. B. Non-Management Personnel When authorized by their supervisor, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined be low for each. II DEFINITIONS A. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual. B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40- mile distance from Cupertino when traveling to Alameda County. C. Meetings A “meeting” shall mean a convention, conference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. D. Training Session 5 A training session is any type of seminar or workshop the attendance at which is for the purpose of obtaining information of a work related nature to benefit the City’s operations or to enhance the attendee’s capabilities in the discharge of assigned duties and responsibilities. III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE A. Intent This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures appl y whether the expense is being paid through a reimbursement or a direct advance. B. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. C. Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or taxi service to and from the attendee’s home and airport, destination or airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. D. Lodging Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this 6 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 avail able 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. 7 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 The City will not reimburse or advance payment toward expenses including, but not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including those of a partner when accompanying the employee on City-related business, as well as child or pet-related expenses; 4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 5. Gifts of any kind for any purpose; 6. Service club meals; of those besides economic development staff; 7. Alcoholic beverages; 8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 9. Personal losses incurred while on City business. 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. 8 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 doing business on the City’s behalf. Such request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the employee’s return on the expense report described in Section VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10 9 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 4 AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: Classification Allowance Director of Administrative Services 300.00 Director of Community Development 300.00 Assistant City Manager 300.00 Director of Recreation and 300.00 Community Services Director of Public Works 300.00 City Clerk 250.00 Public Affairs Director 250.00 Senior Civil Engineer 250.00 Recreation Supervisor 200.00 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 April 1, 1974 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90, 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 7/11, 10/12, 12/12, 7/13 10 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 11 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 6 OVERTIME WORKED EXEMPT POSITIONS: Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leav e balances are made when such an employee is absent for less than a regular work day as long as the employee has his/her supervisor’s approval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. NON-EXEMPT POSITIONS: Confidential employees are eligible for overtime or compensation time, at their discretion, for the time worked in excess of 40 hours per week. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, where forty hours have been worked in the same seven day period. Adopted by Action of the City Council April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97, 4/07, 7/13 12 City of Cupertino UNREPRESENTED EMPLOYEES’COMPENSATION PROGRAM Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in the employee’s gross pay. 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 Effective 11/1/13 or as soon as administratively possible, the City will establish a Health Reimbursement Account (HRA) to be used towards health related expenses. Upon establishment, the City will deposit an amount equal to $83.00/month from 7/1/13 to plan enactment. Thereafter, employees will receive $83.00 /month in their HRA. Effective with the first full pay period in July 2014, employees will receive an additional $80.00/month in HRA to be used towards health related expenses. During the 13/14 contract year, the City will be reopening negotiations to discuss elimination of the CalPERS 100/90 retirement plan and replacement of said plan. Adopted by Action of the City Council September 16, 1974 Revised 7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07,12/12, 7/13City of CupertinoUNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 13 Policy No. 8 FIXED HOLIDAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provi de days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. The City provides the following fixed paid holidays for eligible employees covered by this agreement: 1. New Year’s Day 2. Martin Luther King Day 3. Presidents’ Day 4. Memorial Day 5. Independence day 6. Labor Day 7. Veteran’s Day 8. Thanksgiving Day 9. Day Following Thanksgiving 10. Christmas Eve 11. Christmas Day 12. New Year’s Eve When a holiday falls on a Sunday, the following Monday shall be observed as the non-work day. When a holiday falls on a Saturday, the previous Friday shall be observed as the non-work day. FLOATING HOLIDAY In addition to the paid holidays, employees occupying these positions shall be provided 20 floating hours per calendar year as non-work time with full pay and benefits. Employees may accumulate floating holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 6/89, 7/92, 7/99, 7/13 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 14 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 insurance benefits in an amount of two and one half times the employee’s annual salary to a maximum of $250,000.00. Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76, 6/80, 6/81, 6/82, 6/92 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 15 Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees for services performed for the City. The City participates in the California Public Employees’ Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent management and confidential employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 7/87, 7/92, 7/99 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 16 Policy No. 11 PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CONTRIBUTION A. Employees hired on or before December 29, 2012 Only: For employees hired on or before December 29, 2012, the City has contracted with CalPERS for a 2.7% @55 formula. Effective in the first full pay period in July 2013, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 4.5% of applicable salary and each employee agrees to pay 3.5% of applicable salary. Effective in the first full pay period in July 2014, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 3.0% of applicable salary and each employee agrees to pay 5.0% of applicable salary. Effective in the first full pay period in July 2015, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 1.75% of applicable salary and each employee agrees to pay 6.25% of applicable salary. The City agrees to pay the employer’s contribution rate to the Public Employees Retirement System to the extent required by law and the parties acknowledge that by January 1, 2018 the employees are required to pay 50% of the normal cost rate as determined by CalPERS. B. For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations Only: For Employees hired by the City of Cupertino on December 30, 2012 or December 31, 2012 or a current CalPERS employee who qualifies as a classic member under CalPERS Regulations only the City has contracted with CalPERS for a 2.0% @ 60 retirement formula, three year average compensation. Effective in the first full pay period in July 2013, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 3.5 % of applicable salary and each employee agrees to pay 3.5% of applicable salary. Effective in the first full pay period in July 2014, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed 2.0 % of applicable salary and each employee agrees to pay 5.0% of applicable salary. 17 Effective in the first full pay period in July 2015, the City agrees to pay the employee’s contribution rate to the California Public Employees Retirement System (CalPERS) not to exceed .75 % of applicable salary and each employee agrees to pay 6.25% of applicable salary. The City agrees to pay the employer’s contribution rate to the Public Employees Retirement System to the extent required by law and the parties acknowledge that by January 1, 2018 the employees are required to pay 50% of the normal cost rate as determined by CalPERS. C. For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as Classic members Only: For new employees hired by the City of Cupertino on or after January 1, 2013 and do not qualify as classic members as defined by CalPERS, CalPERS has by statute implemented a 2% @ 62 formula, three year average and employees in this category shall pay 50% of the normal cost rate as determined by CalPERS. Adopted by Action of the City Council June, 1981 Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10, 10/12, 12/12, 7/13 City of Cupertino 18 UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $78.26 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 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07, 10/12 City of Cupertino 19 UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE The 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, 12/12 20 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature. Adopted by Action of the City Council June 17, 1996 21 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 15 VACATION ACCUMULATION The 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. 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 Period Annual Accruals Maximum Accrual 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. VACATION CREDITS The hiring manager, with the approval of the department head and the City Manager, may offer a vacation bank of up to 120 hours of vacation to a prospective candidate in the Unrepresented group. These hours do not vest for payoff purposes if the employee leaves service. Adopted by Action of the City Council July 7, 1997 Revised 6/99, 7/10, 12/12, 7/13 22 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance may be offered to the department heads pursuant to Resolution No. 99-070. Adopted by Action of the City Council July 7, 1997 Revised 7/99, 7/10, 8/12 23 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 17 VISION INSURANCE – EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council July 1997 Revised 7/99, 6/02, 6/03, 7/10, 10/12 24 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades Effective July 1, 2013 Amended 11/13/13 Amended 12/17/13 Amended 3/4/14 Amended 7/1/14 25 CITY OF CUPERTINO CLASSES AND POSITIONS EFFECTIVE JULY 1, 2013- JUNE 30, 2016 The salaries, wages or rates pay per month for those officers and 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. Salary Effective July 1, 2013 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Manager $14,137 $14,844 $15,857 $16,366 $17,184 Director of Administrative Services $12,075 $12,679 $13,313 $13,979 $14,678 Director of Community Development $11,885 $12,479 $13,103 $13,758 $14,446 Director of Recreation and Community Service $12,595 $13,225 $13,887 $14,581 $15,310 Director of Public Works $12,852 $13,494 $14,169 $14,878 $15,621 Salary Effective July 1, 2014 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Manager $14,350 $15,067 $15,820 $16,611 $17,422 Director of Administrative Services $12,256 $12,869 $13,513 $14,188 $14,898 Director of Community Development $12,144 $12,751 $13,389 $14,058 $14,761 Director of Recreation and Community Service $12,784 $13,424 $14,095 $14,800 $15,540 Director of Public Works $13,045 $13,697 $14,382 $15,101 $15,856 Salary Effective July 1, 2015 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Manager $14,529 $15,255 $16,018 $16,819 $17,660 Director of Administrative Services $12,409 $13,030 $13,681 $14,366 $15,084 Director of Community Development $12,399 $13,019 $13,670 $14,353 $15,071 Director of Recreation and Community Service $12,944 $13,591 $14,271 $14,985 $15,734 Director of Public Works $13,208 $13,868 $14,561 $15,290 $16,054 26 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE MANAGEMENT CLASSIFICATIONS EFFECTIVE JULY 1, 2013 – JUNE 30, 2016 Salary Effective July 1, 2013 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Attorney $11,265 $11,828 $12,420 $13,041 $13,693 Assistant Director of Public Works $10,274 $10,787 $11,327 $11,893 $12,488 Assistant to the City Manager $7,910 $8,305 $8,721 $9,157 $9,614 Building Official $9,339 $9,806 $10,297 $10,811 $11,352 Capital Improvement Program Manager $9,328 $9,794 $10,284 $10,798 $11,338 City Clerk $8,152 $8,559 $8,987 $9,437 $9,909 City Planner $9,395 $9,865 $10,358 $10,876 $11,420 Deputy City Attorney $8,105 $8,511 $8,936 $9,383 $9,852 Economic Development Mgr $9,383 $9,852 $10,345 $10,862 $11,405 Environmental Programs Manager $7,792 $8,182 $8,591 $9,021 $9,472 Finance Manager $9,428 $9,899 $10,394 $10,914 $11,460 Human Resources Manager $9,328 $9,794 $10,284 $10,798 $11,338 Information Technology Manager $9,074 $9,528 $10,004 $10,504 $11,030 Park Restoration and Improvement Manager $9,328 $9,794 $10,284 $10,798 $11,338 Public Affairs Director $9,074 $9,528 $10,004 $10,504 $11,030 Public Works Project Manager $7,962 $8,360 $8,778 $9,217 $9,678 Public Works Supervisor $7,118 $7,474 $7,847 $8,240 $8,652 Recreation Supervisor $6,955 $7,303 $7,668 $8,052 $8,454 Senior Civil Engineer $9,405 $9,876 $10,370 $10,888 $11,433 Senior Management Analyst $7,304 $7,669 $8,052 $8,455 $8,878 Recreation Manager $7,668 $8,052 $8,454 $8,877 $9,321 Sustainability Manager $7,792 $8,182 $8,591 $9,021 $9,472 Salary Effective July 1, 2014 27 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Attorney $11,434 $12,006 $12,606 $13,236 $13,898 Assistant Director of Public Works $10,539 $11,066 $11,620 $12,201 $12,811 Assistant to the City Manager $8,028 $8,430 $8,851 $9,294 $9,759 Building Official $9,479 $9,953 $10,451 $10,974 $11,522 Capital Improvement Program Manager $9,468 $9,941 $10,438 $10,960 $11,508 City Clerk $8,424 $8,845 $9,287 $9,752 $10,239 City Planner $9,680 $10,164 $10,672 $11,206 $11,766 Deputy City Attorney $8,227 $8,638 $9,070 $9,524 $10,000 Economic Development Mgr $9,630 $10,111 $10,617 $11,147 $11,705 Environmental Programs Manager $7,909 $8,305 $8,720 $9,156 $9,614 Finance Manager $9,802 $10,292 $10,807 $11,347 $11,914 Human Resources Manager $9,802 $10,292 $10,807 $11,347 $11,914 Information Technology Manager $9,311 $9,776 $10,265 $10,778 $11,317 Park Restoration and Improvement Manager $9,468 $9,941 $10,438 $10,960 $11,508 Public Affairs Director $9,311 $9,776 $10,265 $10,778 $11,317 Public Works Project Manager $8,188 $8,598 $9,027 $9,479 $9,953 Public Works Supervisor $7,224 $7,586 $7,965 $8,363 $8,781 Recreation Supervisor $7,060 $7,413 $7,783 $8,172 $8,581 Senior Civil Engineer $9,718 $10,204 $10,715 $11,250 $11,813 Senior Management Analyst $7,659 $8,042 $8,445 $8,867 $9,310 Recreation Manager $7,783 $8,172 $8,581 $9,010 $9,461 Sustainability Manager $7,909 $8,305 $8,720 $9,156 $9,614 Salary Effective July 1, 2015 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Attorney $11,577 $12,156 $12,763 $13,402 $14,072 Assistant Director of Public Works $10,813 $11,354 $11,921 $12,518 $13,143 Assistant to the City Manager $8,129 $8,535 $8,962 $9,410 $9,881 Building Official $9,598 $10,078 $10,582 $11,111 $11,666 Capital Improvement Program Manager $9,586 $10,066 $10,569 $11,097 $11,652 City Clerk $8,720 $9,156 $9,614 $10,095 $10,600 City Planner $9,985 $10,485 $11,009 $11,559 $12,137 Deputy City Attorney $8,330 $8,746 $9,184 $9,643 $10,125 Economic Development Mgr $9,880 $10,374 $10,892 $11,437 $12,009 Environmental Programs Manager $8,008 $8,408 $8,829 $9,270 $9,734 Finance Manager $10,221 $10,732 $11,269 $11,832 $12,424 Human Resources Manager $10,221 $10,732 $11,269 $11,832 $12,424 Information Technology Manager $9,554 $10,032 $10,534 $11,060 $11,613 Park Restoration and Improvement $9,586 $10,066 $10,569 $11,097 $11,652 28 Manager Public Affairs Director $9,554 $10,032 $10,534 $11,060 $11,613 Public Works Project Manager $8,426 $8,848 $9,290 $9,755 $10,242 Public Works Supervisor $7,315 $7,680 $8,065 $8,468 $8,891 Recreation Supervisor $7,148 $7,505 $7,881 $8,275 $8,688 Senior Civil Engineer $10,059 $10,562 $11,090 $11,645 $12,227 Senior Management Analyst $8,069 $8,473 $8,896 $9,341 $9,808 Recreation Manager $7,881 $8,275 $8,688 $9,123 $9,579 Sustainability Manager $8,008 $8,408 $8,829 $9,270 $9,734 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTIVE JULY 1, 2013 – JUNE 30, 2016 Salary Effective July 1, 2013 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant $6,258 $6,571 $6,900 $7,245 $7,607 Accounting Technician $5,780 $6,069 $6,373 $6,691 $7,026 Administrative Assistant $5,195 $5,454 $5,727 $6,014 $6,314 Community Relations Coordinator $5,989 $6,288 $6,603 $6,933 $7,279 Deputy City Clerk $5,365 $5,633 $5,915 $6,211 $6,521 Executive Assistant to the City Manager $5,733 $6,019 $6,320 $6,636 $6,968 GIS Coordinator $6,059 $6,361 $6,680 $7,014 $7,364 Human Resources Analyst $6,320 $6,636 $6,968 $7,316 $7,682 Human Resources Analyst II $6,968 $7,316 $7,682 $8,066 $8,470 Human Resources Assistant $4,894 $5,138 $5,395 $5,665 $5,948 Human Resources Technician $5,780 $6,069 $6,373 $6,691 $7,026 Human Resources Technician II $6,373 $6,691 $7,026 $7,377 $7,746 I.T. Assistant $5,007 $5,257 $5,520 $5,796 $6,086 Legal Services Manager $5,739 $6,026 $6,327 $6,644 $6,976 Management Analyst $6,811 $7,152 $7,509 $7,885 $8,279 Network Specialist $6,612 $6,942 $7,289 $7,654 $8,036 Web Specialist $6,487 $6,811 $7,152 $7,509 $7,885 Salary Effective July 1, 2014 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant I $5,804 $6,094 $6,399 $6,719 $7,055 Accountant II $6,399 $6,719 $7,055 $7,407 $7,778 Accounting Technician I $5,438 $5,710 $5,996 $6,296 $6,610 Accounting Technician II $5,996 $6,296 $6,610 $6,941 $7,288 Administrative Assistant $5,273 $5,536 $5,813 $6,104 $6,409 29 Community Relations Coordinator $6,078 $6,382 $6,702 $7,037 $7,389 Deputy City Clerk $5,756 $6,044 $6,346 $6,663 $6,996 Executive Assistant to the City Manager $5,937 $6,234 $6,545 $6,873 $7,216 GIS Coordinator $6,308 $6,623 $6,955 $7,302 $7,668 Human Resources Analyst $6,631 $6,963 $7,311 $7,676 $8,060 Human Resources Analyst II $7,311 $7,676 $8,060 $8,463 $8,886 Human Resources Assistant $4,977 $5,226 $5,487 $5,762 $6,050 Human Resources Technician I $5,438 $5,710 $5,996 $6,296 $6,610 Human Resources Technician II $5,996 $6,296 $6,610 $6,941 $7,288 I.T. Assistant $5,332 $5,599 $5,879 $6,173 $6,482 Legal Services Manager $5,961 $6,259 $6,572 $6,901 $7,246 Management Analyst $7,143 $7,500 $7,875 $8,269 $8,682 Network Specialist $6,821 $7,162 $7,520 $7,896 $8,291 Senior Accountant $7,407 $7,778 $8,167 $8,575 $9,004 Web Specialist $6,584 $6,913 $7,259 $7,622 $8,003 Salary Effective July 1, 2015 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Accountant I $5,930 $6,227 $6,538 $6,865 $7,208 Accountant II $6,538 $6,865 $7,208 $7,569 $7,947 Accounting Technician I $5,506 $5,782 $6,071 $6,374 $6,693 Accounting Technician II $6,071 $6,374 $6,693 $7,028 $7,379 Administrative Assistant $5,339 $5,606 $5,886 $6,180 $6,489 Community Relations Coordinator $6,154 $6,462 $6,785 $7,125 $7,481 Deputy City Clerk $6,222 $6,534 $6,860 $7,203 $7,563 Executive Assistant to the City Manager $6,162 $6,470 $6,794 $7,133 $7,490 GIS Coordinator $6,589 $6,919 $7,265 $7,628 $8,010 Human Resources Analyst $6,989 $7,339 $7,706 $8,091 $8,496 Human Resources Analyst II $7,706 $8,091 $8,496 $8,920 $9,366 Human Resources Assistant $5,049 $5,302 $5,567 $5,845 $6,138 Human Resources Technician I $5,506 $5,782 $6,071 $6,374 $6,693 Human Resources Technician II $6,071 $6,374 $6,693 $7,028 $7,379 I.T. Assistant $5,718 $6,004 $6,304 $6,620 $6,951 Legal Services Manager $6,208 $6,518 $6,844 $7,187 $7,546 Management Analyst $7,525 $7,901 $8,296 $8,711 $9,147 Network Specialist $7,046 $7,399 $7,769 $8,157 $8,565 Senior Accountant $7,569 $7,947 $8,345 $8,762 $9,200 Web Specialist $6,666 $7,000 $7,350 $7,717 $8,103 AMENDED November 13, 2013 Salary Effective November 13, 2013 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant Director of Community $9,829 $10,321 $10,837 $11,379 $11,948 30 Development Salary Effective July 1, 2014 Assistant Director of Community Development $9,977 $10,475 $10,999 $11,549 $12,127 Salary Effective July 1, 2015 Assistant Director of Community Development $10,101 $10,606 $11,137 $11,694 $12,278 AMENDED December 17, 2013 Salary Effective December 17, 2013 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Service Center Superintendent $8,861 $9,304 $9,769 $10,258 $10,771 Salary Effective July 1, 2014 Service Center Superintendent $8,994 $9,443 $9,916 $10,411 $10,932 Salary Effective July 1, 2015 Service Center Superintendent $9,106 $9,562 $10,040 $10,542 $11,069 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0372 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/11/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Approve First Amendment to lease of Rolling Hills 4-H Club at McClellan Ranch Preserve with the Regents of the University and City of Cupertino, California extending lease time Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Amended Contract Action ByDate Action ResultVer. City Council8/19/2014 1 Subject :Approve First Amendment to lease of Rolling Hills 4-H Club at McClellan Ranch Preserve with the Regents of the University and City of Cupertino,California extending lease time Authorize the City Manager to amend the lease agreement with the Regents of the University of California and City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for a five-year period ending August 31, 2019 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ RECREATION AND COMMUNITY SERVICES DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3110 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 19, 2014 Subject Approve the First Amendment with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4-H Club at McClellan Ranch Preserve for the five year period ending August 31, 2019. Recommended Action Authorize the City Manager to amend the lease agreement with The Regents of the University of California and the City of Cupertino for the Rolling Hills 4 -H Club at McClellan Ranch Preserve for the five year period ending August 31, 2019. Description The City currently has a lease agreement with Rolling Hills 4-H Club to utilize space at the McClellan Ranch Preserve in exchange for services that are provided to the Cupertino community. The current agreement expires August 31, 2014. Discussion The City of Cupertino has a 40 year relationship with the Rollin g Hills 4-H Club that resides at McClellan Ranch Preserve. The Rolling Hills 4-H Club works cooperatively with the Recreation and Community Services Department as well as the other agencies located at McClellan Ranch Preserve to provide a variety of outdoor programs that include service learning activities and leadership, while maintaining a rural experience for park users. School group tours, evening nature programs, family special interest classes (i.e. Beekeeping, Entomology Gardening, Dairy Goats, etc.) are just a few of the activities offered. (Exhibit A) In addition, the organization takes part in community-based events: Cherry Blossom Festival, Audubon Wildlife Day, Audubon Society Fundraiser for Education programs at McClellan Ranch Preserve, and Audubon Society Camp at McClellan Ranch Preserve. The Rolling Hills 4-H club is the largest such club in Santa Clara County, serving 185 youth participants. Fiscal Impact None ___________________________________ Prepared by: Christine Hanel, Sr. Recreation Supervisor Reviewed by: Carol A. Atwood, Director of Recreation and Community Services Approved for Submission by: David Brandt, City Manager Attachment: A – Draft Amended Contract 1 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA FOR THE ROLLING HILLS 4-H CLUB This First Amendment to Lease Agreement between the City of Cupertino and The Regents of the University of California for the Rolling Hills 4-H Club (this “Amendment”) is executed by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "Lessor") and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA (for the Rolling Hills 4-H Club) (hereinafter “Lessee”) effective as of September 1, 2014 (“Effective Date”), and is made with reference to the following: RECITALS: A. Lessor and Lessee executed that certain Lease Agreement between the City of Cupertino and The Regents of the University of California for the Rolling Hills 4-H Club dated as of September 1, 2009 (hereinafter the "Agreement"). B. Lessor and Lessee desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, Lessor and Lessee agree as follows: 1. Paragraph 2 of the Agreement is modified to read as follows: TERM. The term of this lease shall be for the period commencing September 1, 2009, and ending August 31, 2019. 2. Paragraph 3 of the Agreement is modified to read as follows: RENTAL. Lessee shall not pay rent to Lessor for the use and occupation of the premises. In lieu of rent, Lessee shall participate in City of Cupertino Recreation and Community Services Department (“Department”) and community programs hosted at McClellan Ranch Preserve, including, but not limited to monthly Open House events that are free to park users, and Lessee shall provide Lessor-designated Department staff with access to the premises on not less than a weekly basis for the purpose of conducting tours of the 4-H program for school classes, youth groups, and community camps/classes 2 sponsored by the Department, including without limitation, the programs described in Exhibit A attached hereto. 3. Except as expressly modified by this Amendment, all terms and conditions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment effective as of the date first written above. LESSOR: CITY OF CUPERTINO, a municipal corporation By: __________________________ City Manager ATTEST: ________________________ City Clerk APPROVED AS TO FORM: By City Attorney LESSEE: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By:_____________________________ Jake McGuire, Controller Division of Agriculture & Natural Resources 3 Exhibit A Community and Recreation and Community Services Department Programs Services provided to the Cupertino community by the Rolling Hills 4-H Club include:  During the spring and fall season (mid-September-mid November and April through the first week of June), school groups will visit 4H to view the animals from the Stevens Creek Trail, stop briefly to look at the animals on their way to or from the creek, and talk about 4H opportunities and their barn tours. ( Approximately 1,879 students, 78 teachers, and 387 parents).  Participate in approximately 26 school tours annually for parent/tot, prescho ol, and kindergarten group enrichment.  Summer camps -Nature Camp, Summer Science Fun, and Preschool Adventures (10 visits to the 4H area, and 285 participants plus staff and volunteers per summer season).  After school classes (10-12 times /year, and 100 -144 participants).  Thursday Evening nature Programs(40 participants).  Accommodate groups that visit the bee yard and stop by to observe the hives.  Participate in the family Bug Programs and Bees and Honey programs offered through Recreation and Community Services (50-60 participants). Community Programs:  4H tours that occur during SCVAS Wildlife Education--650-750 in attendance.  Monthly barn tours for the public run through 4H.  Viewing of the 4H animals from outside of the fenced area.  Both the San Mateo and the Santa Clara Valley Beekeepers Guilds hold 3-4 classes at McClellan Ranch each year and the 50-75 class participants visit the 4H hives. 4 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0360 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/1/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway Sponsors:Julia Kinst Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Alcoholic Beverage License Application for Coopervino, 19700 Vallco Parkway Recommend approval of the Alcoholic Beverage License Application for Coopervino,19700 Vallco Parkway CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ CITY COUNCIL STAFF REPORT Meeting: August 19, 2014 Subject Alcoholic Beverage License, Coopervino, 19700 Vallco Parkway Recommended Action Recommend approval of the application for On-Sale Beer and Wine Description Name of Business: Coopervino Location: 19700 Vallco Parkway Type of Business: Restaurant Type of License: 41 - On Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fee, Original Fees, Federal Fingerprints, State 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 th is 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, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0148 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/19/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: 2014 Pavement Maintenance Project Phase 2, City Project No. 2014-04 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Contract Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: 2014 Pavement Maintenance Project Phase 2, City Project No. 2014-04 Authorize the City Manager to award a contract to O’Grady Paving, Inc., in the amount of $2,288,577.20; and approve a construction contingency of $261,422.80 for a total of $2,550,000 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ 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: August 19, 2014 Subject 2014 Pavement Maintenance Project Phase 2, City Project No. 2014-04. Recommended Action Authorize the City Manager to award a contract to O’Grady Paving, Inc., in the amount of $2,288,577.20; and approve a construction contingency of $261,422.80 for a total of $2,550,000. Discussion On August 7, 2014, the City received bids for the 2014 Pavement Maintenance Project Phase 2. This project will complete a rubberized asphalt overlay on Stevens Creek & De Anza Boulevards. The limit of work on Stevens Creek Boulevard is from De Anza Boulevard to Wolfe Road; work on De Anza Boulevard includes the Stevens Creek Boulevard intersection through the Homestead Road intersection. The rubberized asphalt material to be used on this project contains recycled tire rubber. Compared to conventional asphalt, this product is environmentally preferred due to its superior structural qualities that allow less of the material to be applied, its durability and ability to resist cracking, and its effectiveness in reducing vehicle noise pollution. For each lane mile of asphalt rubber, approximately 2,000 tires are recycled—which equates to 28,000 tires being diverted from a landfill because of this project. Also included in this project is a distinctive green material to clearly designate bike lanes near Highway 280 at De Anza Boulevard. The application area is ideal due to the number of bicyclist and motorist that merge and share the road at this location. A total of 6 companies submitted bid packages for this project. The following is a summary of bids deemed complete: Bidder Bid Amount Engineers Estimate $2,550,390.00 O’Grady Paving 2,288,577.20 Interstate Grading & Paving 2,288,695.20 RGW 2,352,990.50 Giolitti Construction Co. 2,578,005.40 Granite Rock 2,657,408.80 Tiechart Construction 2,660,608.35 Fiscal Impact Award of the project will result in a fiscal impact of up to $2,550,000. Sufficient funds have been budgeted and are available from account #270-8404-9325 (Pavement Maintenance). _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Contract Project No. 2014-04 City of Cupertino 00520 - 1 Contract 2014 Pavement Maintenance Phase 2 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this day of , 2014 , by and between _________________whose place of business is located at ________________________ (“Contractor”), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California (“City”) acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the _____ day of _______________, 2014 awarded to Contractor the following Project: PROJECT NUMBER 2014-04 2014 PAVEMENT MAINTENANCE PHASE 2 NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Roger Lee, Assistant Director, Public Works – Maintenance, to act as City’s Authorized Representative(s), who will represent City in performing City’s duties and responsibilities and exercising City’s rights and authorities in Contract Documents. City may change the individual(s) acting as City’s Authorized Representative(s), or delegate one or more specific functions to one or more specific City’s Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents sha ll be to City’s Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 45 working days as provided in Document 00700 (General Provisions). All work on Miller shall be completed by September 15th.All work on Stelling shall be completed between Sept 15th and Sept 19th or as approved by the engineer. Project No. 2014-04 City of Cupertino 00520 - 2 Contract 2014 Pavement Maintenance Phase 2 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that Ci ty will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Co ntractor to achieve Substantial Completion as specified above. 3.2.2 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.3 $50.00 per facility per day for failure to raise utilities to finished grade within 72 hours of completion of final paving 3.2.4 $5,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS. 3.2.5 $5,000 per day for each street that has not received installation of temporary tab markers and traffic striping prior to opening asphalt areas to traffic. 3.2.6 $1000 per day for each street with incomplete installation of pavement markers, pavement markings and traffic striping on the 13th calendar day following completion of surface treatment. 3.2.7 $100 per calendar day for each traffic loop that is not replaced within two weeks following damage. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting fro m delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor’s Bid, attached hereto: See Exhibit “A” attached Project No. 2014-04 City of Cupertino 00520 - 3 Contract 2014 Pavement Maintenance Phase 2 Article 5. Contractor’s Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all r eports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Project No. 2014-04 City of Cupertino 00520 - 4 Contract 2014 Pavement Maintenance Phase 2 Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00431 Bidder’s List of Subcontractors Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00483 Reliable Contractor Declaration Form Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specifications Document 01010 Summary of Work Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no in stance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further u nderstood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goo ds, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S .C. §15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of wo rker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, Project No. 2014-04 City of Cupertino 00520 - 5 Contract 2014 Pavement Maintenance Phase 2 are deemed included in the Contract Documents and on file at City’s office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northern.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which requ ire every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of th e Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents i s required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another v enue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. Project No. 2014-04 City of Cupertino 00520 - 6 Contract 2014 Pavement Maintenance Phase 2 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. 2014 PAVEMENT MAINTENANCE PHASE 2 CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the State of California By: [Signature] Attest: [Please print name here] City Clerk: Grace Schmidt Approved as to form by City Attorney: Title: ______________________________________________ [If Corporation: Chairman , President, or Vice President] City Attorney: Carol Korade By: I hereby certify, under penalty of perjury, that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document. [Signature] [Please print name here] Title: [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] Dated: _____________________________ David Brandt, City Manager Cupertino, a Municipal Corporation of the State of California ________________________________________________ State Contractor’s License No. Classification ________________________________________________ Expiration Date Designated Representative: Taxpayer ID No._________________________________ Name: Roger Lee Name: Title: Assistant Director, Public Works - Maintenance Title: Address: 10300 Torre Ave, Cupertino, CA 95014 Address: Phone: 408-777-3354 Phone: Facsimile: 408-777-3333 Facsimile: AMOUNT: $ ACCOUNT NUMBER: 270-8404-9325 FILE NO.: NOTARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT CITY OF CUPERTINO Legislation Details (With Text) File #: Version:214-0339 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/21/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2013-02 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Site List Action ByDate Action ResultVer. City Council8/19/2014 2 Subject: City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2013-02 Accept Project No. 2013-02 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ 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: August 19, 2014 Subject City Project, Reconstruction of Curbs, Gutters, and Sidewalks, Project No. 2013-02. Recommended Action Accept Project No. 2013-02. Discussion The City’s contractor, Breneman, Inc., has completed work on the Reconstruction of Curbs, Gutters and Sidewalks project, which consisted of concrete repairs at various locations throughout the City. _____________________________________ Prepared by: Jo Anne Johnson, Public Works Engineering Technician Reviewed by: Timm Borden, Public Works Director Approved for Submission by: David Brandt, City Manager Attachments: A – 2013-02 Reconstruction of Curbs, Gutters, and Sidewalks Site Address List Project 2013-02 Reconstruction of Curbs, Gutters and Sidewalks Site List Alderbrook Way 10755 Alderbrook Way 10811 Alderbrook Way 10789 Alderbrook Way 10849 Apricot Ct. 10564 Baywood Dr. 10481 Baywood Dr. 10500 Baywood Dr. 10480 Betlin Ave. 801 Betlin Ave. 804 Betlin Ave. 885 Betlin Ave. 892 Blazingwood 877 Blazingwood 874 Cypress Dr. 10490 Cypress Dr. 10491 Cypress Dr. 10571 Deodara Dr. 10484 Deodara Dr. 10491 E Estates Dr. 10336 E Estates Dr. 10360 Farallone Dr. 10440 Farallone Dr. 10360 Farallone Dr. 10370 Las Ondas Way 10314 Las Ondas Way 10320 Las Ondas Way 10377 Las Ondas Way 10382 Las Ondas Way 10302 Merritt Dr. 19961 Miller Ave. 10161 Miller Ave 10163 N. Blaney Ave. 10129 N. Blaney Ave. 10130 N. Blaney Ave. 10140 N. Blaney Ave. 10564 Normandy Ct. 10369 Normandy Ct. 10368 Pacifica Dr. 10441 Pacifica Dr. 20011 Pacifica Dr. 20086 Pacifica Dr. 20143 Pacifica Dr. 20170 Pacifica Dr. 20199 Somerset Ct. 10376 Somerset Ct. 10377 Somerset Dr. 20219 Somerset Dr. 20065 Somerset Dr. 20087 Vicksburg Ct. 10210 Vicksburg Ct. 10250 Wheaton Dr. 19994 Willowbrook 10775 Willowbrook 10786 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0364 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/7/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Amendment of an agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services for testing and inspection services on various street improvement projects Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Amendment to the Agreement B - May 27, 2014 Executed Agreement Action ByDate Action ResultVer. City Council8/19/2014 1 Subject :Amendment of an agreement between the City of Cupertino and Pavement Engineering,Inc.for consultant services for testing and inspection services on various street improvement projects Approve an Amendment to an agreement between the City of Cupertino and Pavement Engineering,Inc.(PEI)in the amount not to exceed $637,500 from the date of execution through June 30,2015,and authorize the Director of Public Works to execute all necessary documents to carry out all phases of the Pavement Maintenance Project CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ 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: August 19, 2014 Subject Amendment of an Agreement between the City of Cupertino and Pavement Engineering, Inc. for consultant services for testing and inspection services on various street improvement projects. Recommended Action Approve an Amendment to an Agreement between the City of Cupertino and Pavement Engineering, Inc. (PEI) in the amount not to exceed $637,500 from the date of execution through June 30, 2015, and authorize the Director of Public Works to execute all necessary documents to carry out all phases of the Pavement Maintenance Project. Description The approved FY 2014/15 Operating Budget includes funding for the construction of various pavement maintenance projects. Several of the projects have progressed to the construction phase and are currently under contracts for construction or will be within the next ten months. Staff proposes to engage the services of a testing and inspection services firm to provide necessary daily oversight of the current and upcoming construction projects. Discussion The FY 2014/15 funding for pavement maintenance projects is substantially greater than previous years funding. Staff proposes to utilize consultant services in order to ensure suitable resources are available for the management of the various pavement maintenance project contracts. Subject to Council approval, the consultant will perform the day-to-day testing and inspection for four additional pavement maintenance projects that will be completed this current fiscal year. Anticipating the need for these services, staff completed a consultant selection process in November 2012. In response to a Request for Qualifications, the City received five Statements of Qualification from firms within the Bay Area, which were evaluated for relevant skills and experience. Top-ranked firms were invited to interview. PEI was selected to provide the testing and inspection services based on relevant experience, depth and breadth of skills, and familiarity with the Cupertino street network. PEI has provided pavement related services successfully on several similar projects. Staff recommends engaging PEI to provide testing and inspection services for multiple projects over the next ten months. Staff has negotiated an agreement for services for a package of projects in order to have adequate oversight of all of the projects over the anticipated construction periods. The testing and inspection services for projects proposed to be included in the agreement are:  2013 STP Overlay Project, City Project No. 2013-04  2013 Pavement Maintenance Phase 2, City Project No. 2013-05  2014 Pavement Maintenance Phase 1, City Project No. 2014-01  2014 Pavement Maintenance Phase 2, City Project No. 2014-04  2014 Pavement Maintenance Phase 3, City Project No. 2014-05  2014 Pavement Maintenance Phase 4, City Project No. 2015-XX Under the authority of the Director of Public Works, an advance agreement with PEI was approved and executed in May 2014 in order to provide needed services for the 2013 STP Overlay Project and the 2013 Pavement Maintenance Phase 2 project. Council approval is required for the recommended amendment to the agreement to add the balance of the services needed for those two pavement maintenance contracts and the services for four other pavement maintenance contracts. Sustainability Impact Not applicable. Fiscal Impact Approval of the amendment of an agreement between the City and PEI will encumber the needed funds for each pavement maintenance project in the FY 2014/2015 Operating Budget in the following amounts: 2013 STP Overlay Project, City Project No. 2013-04 $ 58,000 2013 Pavement Maintenance Phase 2, City Project No. 2013-05 17,000 2014 Pavement Maintenance Phase 1, City Project No. 2014-01 269,100 2014 Pavement Maintenance Phase 2, City Project No. 2014-04 173,400 2014 Pavement Maintenance Phase 3, City Project No. 2014-05 72,000 2014 Pavement Maintenance Phase 4, City Project No. 2015-XX 48,000 Agreement Total $637,500 _____________________________________ Prepared by: Roger Lee, Assistant Director of Public Works Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Amendment to the Agreement B – May 27, 2014 Executed Agreement Page 1 of 3 First Amendment FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PAVEMENT ENGINEERING, INC. FOR CONSULTANT SERVICES FOR CONSTRUCTION MANAGEMENT AND ASPHALT TESTING This First Amendment to the Agreement between the City of Cupertino and Pavement Engineering, Inc., for reference dated August 11, 2014, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and Pavement Engineering, Inc., a California corporation whose address is 3820 Cypress Drive, Suite 320, Petaluma, CA 94954-5613, (hereinafter “CONSULTANT” or “CM”), and is made with reference to the following: RECITALS: A. On May 27, 2014, a Master Agreement between the City of Cupertino and Pavement Engineering, Inc. for Construction Management and Asphalt Testing Consultant Services was entered into by and between CITY and CONSULTANT (hereinafter "Agreement"). B. CITY and CONSULTANT desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 4. Compensation to CONSULTANT of the Agreement is modified to read as follows: The maximum compensation to be paid to under this Master Agreement shall not exceed SIX HUNDRED THIRTY SEVEN THOUSAND FIVE HUNDERD DOLLARS ($637,500.00). The rate of payment is set out in Exhibit C, titled “Compensation”, which is attached hereto and incorporated herein. No payment shall be made under this Agreement unless authorized by a fully executed Service Order, Exhibit “B”. The sum of all Service Orders shall not exceed the maximum compensationfor this Master Agreement as defined above. CONSULTANT shall furnish to CITY a detailed statement of the work performed for compensation during the term of this Agreement. CONSULTANT may submit monthly invoices for interim progress payments during the course of each phase, clearly stating at a minimum Page 2 of 3 First Amendment the total Contract amount, amount paid to date, percent complete and amount due. 2. The following exhibits to the agreement are added to read as shown in the attachments to this amendment: Exhibit A-3 –SCOPE OF SERVICES 2014 Pavement Maintenance Phase 1 Exhibit A-4 – SCOPE OF SERVICES 2014 Pavement Maintenance Phase 2 Exhibit A-5 – SCOPE OF SERVICES 2014 Pavement Maintenance Phase 3 Exhibit A-6 –SCOPE OF SERVICES 2014 Pavement Maintenance Phase 4 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 3 of 3 First Amendment IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Pavement Engineering, Inc. CITY OF CUPERTINO A Municipal Corporation By__________________________ By ____________________________ City Manager, David Brandt Title________________________ Date________________________ APPROVED AS TO FORM: By ___________________________ City Attorney, Carol Korade ATTEST: By _____________________________ City Clerk, Grace Schmidt Contract Amount: $ 637,500 Exhibits Account Nos. : A-1 2013 STP Overlay Project 270-8404-9325 $ 58,000 A-2 2013 Pavement Maintenance Phase 2 270-8404-9325 17,000 A-3 2014 Pavement Maintenance Phase 1 270-8404-9325 269,100 A-4 2014 Pavement Maintenance Phase 2 270-8404-9325 173,400 A-5 2014 Pavement Maintenance Phase 3 270-8404-9325 72,000 A-6 2014 Pavement Maintenance Phase 4 270-8404-9325 48,000 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:214-0355 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/29/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: City Project, 2013 Reconstruction of Curbs, Gutters, and Sidewalks Phase 2, Project No. 2013-06 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Site List Action ByDate Action ResultVer. City Council8/19/2014 2 Subject: City Project, 2013 Reconstruction of Curbs, Gutters, and Sidewalks Phase 2, Project No. 2013-06 Accept Project No. 2013-06 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ 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: August 19, 2014 Subject City Project, 2013 Reconstruction of Curbs, Gutters, and Sidewalks Phase 2, Project No. 2013-06. Recommended Action Accept Project No. 2013-06. Discussion The City’s contractor, Breneman, Inc., has completed work on the Reconstruction of Curbs, Gutters and Sidewalks project, which consisted of concrete repairs at various locations in preparation of 2014 pavement maintenance activities. _____________________________________ Prepared by: Jo Anne Johnson, Public Works Engineering Technician Reviewed by: Timm Borden, Public Works Director Approved for Submission by: David Brandt, City Manager Attachments: A – 2013-06 Reconstruction of Curbs, Gutters, and Sidewalks Site Address List Project 2013-06 2013 Reconstruction of Curbs, Gutters and Sidewalks Phase 2 Site List Aster Ct. 1532 Belknap Dr. 1211 Belknap Dr. 7909 Bollinger Rd. 20041 Bollinger Rd. 20075 Bollinger Rd. 20207 Bollinger Rd. 20351 Bonny Dr. 10359 Bonny Dr. 10388 Brookgrove Ln. 949 Bubb Rd. 11350 Carnoustie Ct. 22392 Catalina Ct. 11260 Catalina Ct. 11261 Cheryl Dr 20693 Clay St. 20338 Clifden Way 20321 Clifden Way 20396 De Anza Blvd. 10023 De Anza Blvd. 10480 De Anza Blvd. 10490 Elmsford Dr. 1105 Elmsford Dr. 1115 Elmsford Dr. 1175 Elmsford Dr. 1187 Farallone Dr. 10440 Farallone Dr. 10441 Farallone Dr. 10460 Farallone Dr. 10735 Farallone Dr. 10791 Farallone Dr. 10810 Fokstone Dr. 7995 Folkstone Dr. 1174 Folkstone Dr. 7951 Folkstone Dr. 7952 Lilac Ct. 7803 Lilac Ct. 7811 Lilac Ct. 7814 Lilac Ct. 7819 Lilac Way 7794 Lilac Way 7799 Madera Dr. N/A Martinwood Dr. 10770 Mc Clellan Rd. 21152 Pacifica Dr. 20234 Pacifica Dr. 20260 Pacifica Dr. 20272 Rainbow Ct. 21650 Rainbow Ct. 21700 Rose Blossom Dr. 905 RoseMarie Pl 19482 RoseMarie Pl 19489 Sage Ct. 907 Sage Ct. 921 Sherry Dr. 20809 Sterling Blvd. 10485 Stevens Creek Bl. 10001 Stevens Creek Bl. 10002 Stevens Creek Bl. 10023 Stevens Creek Bl. 10573 Stevens Creek Bl. 20490 Stevens Creek Bl. 20541 Stevens Creek Bl. 20563 Stevens Creek Bl. 20578 Stevens Creek Bl. 20745 Stevens Creek Bl. 20803 Stevens Creek Bl. 20807 Stevens Creek Bl. 20883 Stevens Creek Bl. 20940 Stevens Creek Bl. 20950 Stevens Creek Bl. 20999 Stevens Creek Bl. 21111 Stevens Creek Bl. 21250 Stevens Creek Bl. 21265 Stevens Creek Bl. 21271 Stevens Creek Bl. 21521 Stevens Creek Bl. 20735 Tonita Dr. 10313 Tonita Dr. 10327 West Acres Dr. 10281 West Acres Dr. 10313 West Acres Dr. 10470 West Acres Dr. 10487 Wilson Ct. 21877 Yorkshire Dr. 1170 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0313 Name: Status:Type:Second Reading of Ordinances Agenda Ready File created:In control:7/8/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Amendment to Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes --Designated; Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance Action ByDate Action ResultVer. City Council8/19/2014 1 Subject :Amendment to Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes--Designated;Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue Conduct the second reading and enact Ordinance No. 14-2120, "An Ordinance of the City Council of the City of Cupertino amending Section 11.08.250 of the Cupertino Municipal Code relating to Bicycle Lanes - Designated" CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ 1 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: August 19, 2014 Subject Second reading of An Ordinance of the City Council of the City of Cupertino Amending Section 11.08.250 of the Cupertino Municipal Code Relating to Bicycle Lanes-- Designated; Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue. Recommended Action Conduct the second reading and enact Ordinance No. 14-2120. Discussion On July 15, 2014, the City Council conducted the first reading of Ordinance No. 14-2120 amending section 11.08.250 of the Cupertino Municipal Code with no changes. The City of Cupertino is recognized as a Bicycle Friendly Community by the League of American Bicyclists, and has lived up to that honor by promoting safe and convenient bicycle travel throughout the city. Cupertino is unique among other cities in the county by being able to boast bike lanes along every mile of arterial roadway within the city, and along the majority of collectors as well. According to statistics compiled by the California Office of Traffic Safety (OTS), Cupertino had the lowest rate of bicyclis t injury per vehicle mile traveled of any city in Silicon Valley in 2011, the most recent data available. Cupertino also had lower bicyclist injury rates than many other Bicycle- Friendly cities throughout the state, including Santa Monica, Davis, Palo Alto, Santa Cruz and Newport Beach. The last couple years have seen a dramatic increase in bicycling in the area, due in large part to the growing presence of Apple and their encouragement of bicycling as a means for employees to commute between campuses. In order to continue in our efforts to enhance the bicycling environment within Cupertino, this year staff proposed, and Apple agreed to fund, an improvement to the Stevens Creek Boulevard/Torre Avenue/Vista Avenue intersection that would facilitate bicyclist movement through the intersection. These improvements include a dedicated bicycle traffic signal head and a dedicated bike lane that would allow bicyclists to proceed directly south across the intersection, while still prohibiting southbound thru vehicle movement. However, 2 there are currently no bicycle lanes on Torre Avenue south of Stevens Creek Boulevard. As a result, bicyclists continuing southbound on Torre Avenue from Stevens Creek Boulevard must share the lane with vehicles, and bicyclists traveling north on Torre Avenue approaching Stevens Creek Boulevard do not have a convenient way of continuing northbound across the intersection. Since Torre Avenue provides access to City Hall, the Santa Clara County library, and numerous commercial and residential properties, it is highly desirable to provide this safe and convenient bicycle link to access these facilities from Stevens Creek Boulevard. The 2014 Pavement Maintenance Phase 1 project provides an opportunity to include bike lanes on Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue with the restriping that will occur following the pavement overlay on the segment. Although bike lanes along Torre Avenue are not included as a project in the 2011 Cupertino Bicycle Transportation Plan, the bicycling environment has changed since the approval of the Plan. These changing conditions necessitate flexibility in the implementation of bicycle-related improvements to meet current and anticipate demands. A future Bicycle Transportation Plan update will incorporate these improvements and other similar changes. The following modifications to the striping along Torre Avenue will be necessary to accommodate bike lanes:  Removal of one of the two left-turn lanes on the northbound approach to Stevens Creek Boulevard. A traffic operations analysis of this movement indicates there will be no adverse impacts to vehicle operations, and safety for pedestrians crossing Stevens Creek Boulevard on the west side of the intersection will be enhanced by eliminating potential vehicle conflicts.  Conversion of the right-turn-only lane and shared thru-left lane at the southbound approach to Rodrigues Avenue to a shared thru -right lane and a dedicated left-turn lane. Parking is currently prohibited along this segment of Torre Avenue, so parking will not be affected. The Bicycle Pedestrian Commission has recommended that Council approve the installation of bike lanes on Torre Avenue between Stevens Creek Boulevard and Rodrigues Avenue. 3 Fiscal Impact The cost of the striping is incorporated into the budget of the Pavement Maintenance project, and will result in no additional fiscal impact. _____________________________________ Prepared by: David Stillman, Senior Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Ordinance B – Redline Version of Draft Ordinance 1 ORDINANCE NO. 14-2120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.08.250 OF THE CUPERTINO MUNICIPAL CODE RELATING TO BICYCLE LANES - DESIGNATED The City Council of the City of Cupertino does hereby ordain that Section 11.08.250 be amended as follows: 11.08.250 Bicycle Lanes–Designated. The City Manager, upon approval of the City Council, is authorized to erect or place signs upon any street in the city indicating the existence of a bicycle lane, and otherwise regulating the location and use of vehicles and bicycles with respect to them, so long as the same are consistent with this chapter. Before such a sign is erected, the subject bicycle lane shall be designated on such streets by an approved painting or sign, or in such other manner as the City Manager shall determine will provide sufficient notice of the existence of such bicycle lane. When such a painting or sign is in place, no person shall disobey it. DESIGNATION OF BICYCLE LANES Street Description Side Foothill Boulevard Freeway 280 to Stevens Creek Boulevard Both Bubb Road Stevens Creek Boulevard to Rainbow Drive Both Mary Avenue Meteor to Stevens Creek Boulevard Both Stelling Road Homestead Road to Rainbow Drive Both Kim Street Kirwin Lane to Bollinger Road Both Blaney Avenue Homestead to Stevens Creek Boulevard Both Tantau Ave Homestead Road to Stevens Creek Boulevard Both Homestead Road Grant Road to Swallow Drive Both Pruneridge Avenue Wolfe Road to Tantau Avenue Both Mariani Avenue De Anza Boulevard to Merritt Drive Both Vallco Parkway Wolfe Road to Tantau Avenue Both McClellan Road Byrne Avenue to Stelling Road Both Bollinger Road Miller Avenue to Narciso Court Both Rainbow Drive (Saratoga-Sunnyvale Road) Stelling Road to DeAnza Boulevard Both Stevens Creek Boulevard East City Limit to the West City Limit Both De Anza Boulevard Homestead Road to State Route 85 Both South Stelling Road Homestead Road to Prospect Road Both Prospect Road Stelling Road to De Anza Boulevard Both Miller Avenue Calle De Barcelona To Bollinger Road Both Wolfe Road Homestead Road to Stevens Creek Boulevard Both Foothill Boulevard Interstate Route 280 to McClellan Road Both 2 Bollinger Road Westlynn Way to the East City Limit Both Blaney Avenue Stevens Creek Boulevard to Bollinger Road Both De Anza Boulevard Homestead Road to Bollinger Road Both De Anza Boulevard State Route 85 to Prospect Road Both Rodrigues Avenue De Anza Boulevard to Blaney Avenue Both Torre Avenue Stevens Creek Boulevard to Rodrigues Avenue Both INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 15th day of July and ENACTED at a regular meeting of the City Council of the City of Cupertino the 19th of August 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______________________ ______________________ Grace Schmidt, City Clerk Gilbert Wong, Mayor 1 ORDINANCE NO. 14-2120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING SECTION 11.08.250 OF THE CUPERTINO MUNICIPAL CODE RELATING TO BICYCLE LANES - DESIGNATED The City Council of the City of Cupertino does hereby ordain that Section 11.08.250 be amended as follows: 11.08.250 Bicycle Lanes–Designated. The City Manager, upon approval of the City Council, is authorized to erect or place signs upon any street in the city indicating the existence of a bicycle lane, and otherwise regulating the location and use of vehicles and bicycles with respect to them, so long as the same are consistent with this chapter. Before such a sign is erected, the subject bicycle lane shall be designated on such streets by an approved painting or sign, or in such other manner as the City Manager shall determine will provide sufficient notice of the existence of such bicycle lane. When such a painting or sign is in place, no person shall disobey it. DESIGNATION OF BICYCLE LANES Street Description Side Foothill Boulevard Freeway 280 to Stevens Creek Boulevard Both Bubb Road Stevens Creek Boulevard to Rainbow Drive Both Mary Avenue Meteor to Stevens Creek Boulevard Both Stelling Road Homestead Road to Rainbow Drive Both Kim Street Kirwin Lane to Bollinger Road Both Blaney Avenue Homestead to Stevens Creek Boulevard Both Tantau Ave Homestead Road to Stevens Creek Boulevard Both Homestead Road Grant Road to Swallow Drive Both Pruneridge Avenue Wolfe Road to Tantau Avenue Both Mariani Avenue De Anza Boulevard to Merritt Drive Both Vallco Parkway Wolfe Road to Tantau Avenue Both McClellan Road Byrne Avenue to Stelling Road Both Bollinger Road Miller Avenue to Narciso Court Both Rainbow Drive (Saratoga-Sunnyvale Road) Stelling Road to DeAnza Boulevard Both Stevens Creek Boulevard East City Limit to the West City Limit Both De Anza Boulevard Homestead Road to State Route 85 Both South Stelling Road Homestead Road to Prospect Road Both Prospect Road Stelling Road to De Anza Boulevard Both Miller Avenue Calle De Barcelona To Bollinger Road Both Wolfe Road Homestead Road to Stevens Creek Boulevard Both Foothill Boulevard Interstate Route 280 to McClellan Road Both 2 Bollinger Road Westlynn Way to the East City Limit Both Blaney Avenue Stevens Creek Boulevard to Bollinger Road Both De Anza Boulevard Homestead Road to Bollinger Road Both De Anza Boulevard State Route 85 to Prospect Road Both Rodrigues Avenue De Anza Boulevard to Blaney Avenue Both Torre Avenue Stevens Creek Boulevard to Rodrigues Avenue Both INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 15th day of July and ENACTED at a regular meeting of the City Council of the City of Cupertino the 19th____ of August_______ 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: ______________________ ______________________ Grace Schmidt, City Clerk Gilbert Wong, Mayor CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0312 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:7/7/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Parks and Recreation Commission Work Plan for FY 2014-15 Sponsors: Indexes: Code sections: Attachments:Staff Report Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Parks and Recreation Commission Work Plan for FY 2014-15 Approve the Parks and Recreation Commission Work Plan for FY 2014-15 CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ DEPARTMENT OF RECREATION AND COMMUNITY SERVICES CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3110 • FAX: (408) 777-3366 CITY COUNCIL STAFF REPORT MEETING DATE: August 19, 2014 SUBJECT Parks and Recreation Commission Work Plan for Fiscal Year 2014-2015 RECOMMENDED ACTION Approve the Parks and Recreation Commission Work Plan BACKGROUND The Cupertino Parks and Recreation Commission held their annual work plan preparation meeting on August 7, 2014. The Commission discussed and prioritized the issues to be covered in the next Fiscal Year. DISCUSSION At its August 7, 2014 Work Plan Development session, the Parks and Recreation Commission reviewed priorities to consider for the Fiscal Year. Following discussion and priority identification, the Commission unanimously approved the following work plan for Council consideration and approval. Additional program and project updates will be added as needed. □ September 4, 2014 o Corridor Signage Master Plan - Hunt Designs o Teen Center – possible location and features o Parks & Recreation Commission ordinance □ October 1, 2014 o Parklet project - Christine Hanel o Block Leaders program  “Love your Park” program – planned park venues □ November 5, 2014 o Update on the Corridor Master Plan – MIG o Parks and Recreation Commission event □ December 4, 2014 o Report on our Holiday Activities - Rachelle Sander o Corridor Maintenance Plan - Jana Sokale and Gail Seeds □ January 8, 2015 – Special Meeting o Discuss Citywide Park Master Plan o Criteria for Parks and Recreation Capital Projects □ February 5, 2015 o Selection of Officers o Gold Medal Award – Justin Cecil o Discuss Citywide Park Master Plan o Criteria for Parks and Recreation Capital Projects □ March 5, 2015 o Report on Fourth of July Firework activities o Senior Center Travel Program – Kim Frey □ April 2, 2015 o Lawrence Mitty – update/status □ May 7, 2015 o Annual CIP Report – Timm Borden and Katy Jensen □ June 4, 2015 o Senior Adult Classes and Special Events – Alex Fall □ July 2, 2015 □ August 6, 2015 o Discuss Commission’s Work Plan for FY2015-2016 □ August 18, 2015 – Presentation to City Council FISCAL IMPACT None Prepared by: Carol Atwood, Director of Recreation and Community Services Approved for submission by: David Brandt, City Manager Attachments: None CITY OF CUPERTINO Legislation Details (With Text) File #: Version:214-0291 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:6/25/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Amendments to Chapters 10.90 and 10.56, Title 10, of the Cupertino Municipal Code to regulate outdoor smoking Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Ordinance B - Santa Clara County Policies C - Redline version of proposed Ordinance Action ByDate Action ResultVer. City Council8/19/2014 2 Subject:Amendments to Chapters 10.90 and 10.56,Title 10,of the Cupertino Municipal Code to regulate outdoor smoking Conduct the first reading of Ordinance No. 14-2121, "An Ordinance of the City Council of the City of Cupertino amending Sections 10.90.010 and 10.90.020 of the Chapter 10.90 and adding Section 10.90.045 of Chapter 10.90 and amending Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate outdoor smoking Description:Application No(s).:CP-2014-02;Applicant(s):City of Cupertino;Location: citywide CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™ COMMUNITY DEVELOPMENT DEPARTMENT City Hall 10300 Torre Avenue • Cupertino, CA 95014-3255 Telephone: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 19, 2014 SUBJECT Ordinance amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate smoking. RECOMMENDATION Introduce an Ordinance amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate Outdoor Smoking, to be read in title only, further reading waived (Attachment A), and set second reading for September 2, 2014. DESCRIPTION Application Summary Application: CP-2014-02 Applicant: City of Cupertino Property Owner: N/A Property Location: City-wide APN(s): 316 06 033; 316 06 038; 316 06 039; 316 06 045; 316 06 046; 316 06 048; 316 06 049; 316 06 050; 316 06 051; 316 06 052; 316 06 053; 316 07 044; 316 07 045; 316 07 046; 316 09 019; 316 09 027; 316 09 028; 316 18 012; 316 18 025; 316 18 026; 316 18 027; 316 18 035 Project Description An Ordinance amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code to regulate Outdoor Smoking. BACKGROUND According to the Centers for Disease Control and Prevention, cigarette smoking is the single most preventable cause of premature death in the United States. The U.S. Department of Health and Human Services reports that nonsmokers who are exposed to secondhand smoke at home or at work increase their heart disease risk by 25 percent to 30 percent and their lung cancer risk by 20 percent to 30 percent. Tobacco use and exposure to secondhand smoke is a major public health concern in Santa Clara County. The cost of smoking is an economic issue as well. An estimated $380 million a year is spent on tobacco- related health-care costs in Santa Clara County. California State law prohibits smoking in many enclosed places of employment, inside publicly owned buildings, and within 20 feet of a main entrance or operable window or door of a public building. State law also prohibits smoking within 25 feet of tot lot sandbox areas and playground areas. In an attempt to reduce impacts of secondhand smoke, a number of communities in Santa Clara County have enacted indoor/outdoor smoking ordinances that prohibit smoking in areas beyond those controlled by State law. The City of Cupertino enacted an ordinance (effective date, June 16, 2011) prohibiting smoking within Recreational Areas owned by the City, within 25 feet of from boundaries of the same, and in public parking areas adjacent to recreational areas. Attachment B provides a summary of tobacco prevention policies and ordinances in jurisdictions in Santa Clara County as of May 31, 2014. In April 2014, City Council directed staff to work toward an ordinance that restricts smoking in outdoor dining areas, and near building entrances and operable openings in buildings on private property, where such areas are open to the public. DISCUSSION Proposed Ordinance The proposed ordinance includes the following revisions to Chapters 10.90, Smoking in Recreational Areas, and 10.56, Trespassing upon Parking Lots, Shopping Center Property and Other Property Open to the Public, of the Cupertino Municipal Code: 1. Chapter 10.90 – The proposed ordinance amendment extends smoking prohibitions to include outdoor dining areas open to the public and a "reasonable distance,” buffer requirement which is intended to prevent smoke from being carried into areas where smoking is prohibited. It includes: a. Revision to define “Recreational Area” to include parking lots. This simplifies the ordinance but doesn’t change the regulations related to these areas; b. Smoking prohibitions to include outdoor dining areas open to the public; c. Smoking prohibitions to include building entrances/exits, operable openings and air intake vents of building areas accessible to the public and where food and/or drink is consumed; and d. Creation of a 25-foot “Reasonable Distance” requirement in outdoor areas that are protected by the ordinance. The Reasonable Distance" would not apply to those actively passing on the way to another destination, nor to outdoor areas of private properties that are not protected by the ordinance. The 25 –foot “Reasonable Distance” recommendation is based on research related to secondhand smoke exposure provided by Public Health Law and Policy (PHLP, now known as ChangeLab Solutions), which provided best practices and technical support to cities working on non—smoking ordinances. The 25-foot buffer is also consistent with the City’s current requirement around Recreational Areas owned by the City. e. Posting of signs in affected areas to provide businesses and customers information on smoke-free areas and buffers. 2. Chapter 10.56 - revision to remove an obsolete reference to the Code and, to refer instead, to Federal and State laws. Attachment C provides a redline version of the proposed ordinance amendments. Noticing and Community Outreach City staff has reached out to businesses through an article in Cupertino BizBuzz e-newsletter that is mailed out to businesses on a quarterly basis. Additionally, staff has collaborated with the Chamber of Commerce on getting the word out through the Chamber Newsletter and presentations to the Chamber’s Legislation Action Committee. The Chamber of Commerce had the following concerns and comments:  Ordinance language related to signage requirements –It was felt that the original language was lengthy and potentially confusing. Staff has revised the ordinance to simplify the wording required on signs.  General concern was expressed regarding the enforcement of the ordinance and impacts to businesses – Staff believes that getting the word out to businesses will be key to ensuring a successful transition toward ordinance implementation. Additional information on the proposed outreach is provided in the Implementation Process section of this report. Enforcement will be based on the current policy. Enforcement is done on a complaint basis. Two letters explaining the violation and what is required to bring the issue back into compliance are sent and the business/property owner is given about 30 to 60 days to bring the business/property back into compliance before moving toward issuing administrative citations. This process allows for staff and the business/property owner to work on solutions in a collaborative manner. Implementation Process If the proposed ordinance is adopted, the Code Enforcement division under the Sheriff will be responsible for enforcement of the ordinance requirements. The ordinance effective date is proposed to be delayed until January 1, 2015 to provide time to reach out to local businesses and respond to inquiries regarding the ordinance. The City will schedule and hold an informational meeting for local businesses and residents in August/September 2014. Upon adoption of the ordinance, the City, in partnership with the Chamber of Commerce will develop and distribute a “transition toolkit” for businesses. The toolkit will include a poster regarding the new ordinance and no-smoking window decals for posting in appropriate locations per the ordinance. A QR code will be provided with the informational material to provide easy access to the City’s webpage for further details on the ordinance. As noted earlier, City resources will permit complaint-driven enforcement of the ordinance. NEXT STEPS The second reading of the ordinance is scheduled for the City Council meeting on September 2, 2014. The ordinance will go into effect on January 1, 2015. Prepared by: Aarti Shrivastava, Asst. City Manager Colleen Winchester, Assistant City Attorney Approved for Submission by: David Brandt, City Manager Attachments: A. Proposed Ordinance amending Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code B. Table showing tobacco prevention policies/ordinances in jurisdictions in Santa Clara County, June 2014. C. Redline version of Proposed Ordinance amendments to Chapter 10.90 and Chapter 10.56 of Title 10 of the Cupertino Municipal Code 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING SECTIONS 10.90.010 AND 10.90.020 OF CHAPTER 10.90 AND ADDING SECTION 10.90.045 OF CHAPTER 10.90 AND AMENDING SECTION 10.56.020 OF CHAPTER 10.56 OF TITLE 10 OF THE CUPERTINO MUNICIPAL CODE TO REGULATE OUTDOOR SMOKING WHEREAS, tobacco use causes death and disease and continues to be an urgent health challenge; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to second hand smoke occurs at significant levels outdoors; WHEREAS, in 2006, the California Air Resources Board classified secondhand smoke as a “Toxic Air Contaminant”; WHEREAS, The United States Surgeon General reports that there is no safe level of exposure to secondhand smoke; and WHEREAS, this Ordinance was found to be categorically exempt from environmental review per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970, as amended; WHEREAS, it is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare, by discouraging the inherently dangerous behavior of smoking around non-tobacco users, by protecting the public from secondhand smoke where they eat; and by affirming and promoting a healthy environment in and around dining areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: 2 SECTION 1. The Title of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 10.90: REGULATION OF SMOKING SECTION 2. Section 10.90.010 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: Section 10.90.010 Definitions The following words and phrases, whenever used in this chapter, shall have the meanings defined in this chapter unless the context clearly requires otherwise: A. “Outdoor Dining Area” means any privately owned or publicly owned area, street, or sidewalk, which is available or customarily used by the general public and which is designed, established, or regularly used for consuming food or drink. B. Reasonable distance" means a distance of 25 feet in any direction from an area in which smoking is prohibited. C. “Recreational Area” means any outdoor area, including streets and sidewalks adjacent to Recreational areas, owned or operated by the City of Cupertino and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "Recreational Area" includes, but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails, swimming pools, roller-skating rinks, skateboard parks, and parking lot or other area designated or primarily used for parking vehicles of persons accessing a Recreational Area. D. “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, or vaporization, when the apparent or usual purpose of the combustion, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "Smoke" includes, but is not limited to, tobacco smoke, and marijuana smoke. E. “Smoking” means engaging in an act that generates Smoke, such as for example: possessing a lighted pipe, lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind. 3 SECTION 3. Section 10.90.020 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: Section 10.90.020 Smoking Prohibited. A. Smoking is prohibited: 1. In Recreational Areas; 2. In Outdoor Dining Areas; and 3. At entrances, exits, operable windows, or air intake openings of any building area which is available or customarily used by the general public and which is designed, established, or regularly used for consuming food or drink. B. Reasonable Smoking Distance Required. 1. Smoking in all unenclosed areas is prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under Section 10.90.020.A, except while actively passing on the way to another destination and provided smoke does not enter any area in which smoking is prohibited; 2. The smoking prohibitions in Section 10.90.020.B.1. shall not apply to unenclosed areas of private residential properties. C. Nothing in this chapter shall be construed to prohibit smoking in any area in which such smoking is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation. D. No Person shall dispose of used smoking waste within the boundaries of an area in which smoking is prohibited by this chapter. E. Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than smoking, each day of a continuing violation of this chapter shall constitute a separate violation. 4 SECTION 4. Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to add Section 10.90.045 to read as follows: Section 10.90.045 Posting of Signs. Where smoking is prohibited by this chapter, a clear conspicuous and unambiguous "No Smoking in and around 25 feet of this Area" sign shall be posted outside of each point of ingress to the area, and at one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). The sign shall also contain a reference to Section 10.90.020 of the CMC (Cupertino Municipal Code). Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter. SECTION 5. Section 10.90.050 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: 10.90.050 Violation - Penalty. A. The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City of Cupertino. Nothing in this chapter shall create a right of action in any person against the City of Cupertino or its agents to compel public enforcement of this article against any party. B. Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 or, in the alternative, subject to enforcement action pursuant to Chapter 1.10: Administrative Citations, Fines, and Penalties. 5 SECTION 6. The Title of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: CHAPTER 10.56 TRESPASSING UPON PARKING LOTS, SHOPPING CENTER PROPERTY AND OTHER PROPERTY OPEN TO THE PUBLIC SECTION 7. Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby amended to read as follows: 10.56.020 Unlawful. A. It is unlawful for any person, other than a public officer or employee acting within the scope of his or her employment, to enter or remain on any shopping center property, or any other private property open to the public within the City, after the owner, lessee or other person in charge of the property has, for good cause, demanded that such person remove themselves from the property. B. Good cause for removing someone from the property is limited to the following instances: 1. Where the person participates in, or engages in conduct which urges a riot, acts of force or violence, or the burning or destroying of property within the meaning of P enal Code Sections 404 and 404.6; 2. Where the person participates in an unlawful assembly as deemed in Penal Code Section 407; 3. Where the person engages in conduct which constitutes a disturbance of the peace as deemed in Penal Code Section 415; 4. Where the person intentionally interferes with the lawful conduct of business on the premises by obstructing or intimidating those attempting to carry on business, or by obstructing or intimidating their customers within the meaning of Penal Code Section 602.1; 5. Where the person engages in disorderly conduct within the meaning of Penal Code Section 647, including loitering, accosting other persons for the purpose of begging, and being under the influence of any drug or liquor; 6. Where the person willfully and maliciously obstructs the free flow of pedestrian movement within the meaning of Penal Code Section 647c; 7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this Code; or; 6 8. Where the person smokes in violation of federal or state law, any provision of this Code or in violation of smoking rules established by any shopping center within the City. SECTION 8. This Ordinance shall become effective January 1, 2015. SECTION 9. The City Clerk shall certify the adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text. * * * * * * * * INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 19th day of August 2014 and ADOPTED at a regular meeting of the City Council of the City of Cupertino the 2nd day of September 2014, by the following vote: PASSED: Vote: Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: Grace Schmidt, City Clerk Gilbert Wong, Mayor Cr e a t e d  by  SC C  Pu b l i c  He a l t h  De p a r t m e n t ,  5. 2 0 . 2 0 1 4  and updated by City of Cupertino, 06.27.14  To b a c c o  Pr e v e n t i o n  Po l i c i e s  by  Sa n t a  Cl a r a  Co u n t y  Ju r i s d i c t i o n       i x ma r k  in d i c a t e s  po l i c i e s  wh e r e  pr o v i s i o n s  th a t  ar e  st r o n g e r  th a n  th e  St a t e  Sm o k e ‐fr e e  Wo r k p l a c e  La w  (L a b o r  Co d e  64 0 4 . 5 ) ii Ca m p b e l l  – Pr o h i b i t s  sm o k i n g  20 ‐ft .  ar o u n d  ou t d o o r  ar e a s  wh e r e  sm o k i n g  is  pr o h i b i t e d .  Wo r k s i t e  po l i c y  in c l u d e s  st r o n g e r  re s t r i c t i o n s  th a n  St a t e  Sm o k e ‐fr e e  Wo r k p l a c e  la w  bu t  al l o w s  some exceptions. ii i Co u n t y  of  Sa n t a  Cl a r a  – Pr o h i b i t s  sm o k i n g  wi t h i n  30 ‐ft .  of  en t r y w a y s / e x i t s ,  op e r a b l e  wi n d o w s  an d  ve n t s iv Cu p e r t i n o  – Pr o h i b i t s  sm o k i n g  25 ‐ft .  ar o u n d  ou t d o o r  ar e a s  wh e r e  sm o k i n g  is  pr o h i b i t e d v Gi l r o y  – Sm o k i n g  pr o h i b i t e d  in  50 %  of  ou t d o o r  di n i n g  ar e a s ;  Pa r k s  al l o w s  de s i g n a t e d  sm o k i n g  ar e a s vi Mo r g a n  Hi l l  ‐   Sm o k i n g  pr o h i b i t e d  25 ‐ft .  ar o u n d  ou t d o o r  ar e a s  wh e r e  sm o k i n g  is  pr o h i b i t e d vi i Mo u n t a i n  Vi e w  – Sm o k i n g  pr o h i b i t e d  25 ‐ft  ar o u n d  ou t d o o r  ar e a s  wh e r e  sm o k i n g  is  pr o h i b i t e d .  Wo r k s i t e  po l i c y  in c l u d e s  st r o n g e r  re s t r i c t i o n s  th a n  St a t e  Sm o k e ‐fr e e  Wo r k p l a c e  la w  but still allows smoking in hotel rooms. vi i i Pa l o  Al t o  – 50 %  of  ou t d o o r  di n i n g  ar e a s  mu s t  be  sm o k e ‐fr e e ;  Sm o k i n g  no t  al l o w e d  wi t h i n  25 ‐  fe e t  of  pu b l i c l y  ac c e s s i b l e  en t r a n c e s / e x i t s ,  ex c e p t  be t w e e n  th e  ar e a s  of  10 p m ‐6a m  (if public place is closed) ix Sa n  Jo s e  –S m o k i n g  pr o h i b i t e d  in  ou t d o o r  di n i n g  ar e a s ,  en t r a n c e s / e x i t s ,  co m m o n  ar e a s  of  MU H  (e x c e p t i o n  fo r  de s i g n a t e d  sm o k i n g  ar e a ) ,  30 ‐ft .  of  en t r a n c e s / e x i t s ,  25 ‐ft .  fr o m  op e r a b l e  windows of community center or library  ow n e d / l e a s e d  by  Ci t y .  In c l u d e s  st r o n g e r  re s t r i c t i o n s  th a n  St a t e  Sm o k e ‐fr e e  Wo r k p l a c e  la w  bu t  st i l l  al l o w s  sm o k i n g  in  ho t e l  ro o m s ,  an d  to b a c c o  re t a i l e r  sh o p s x Sa n t a  Cl a r a  ‐   Ad o p t e d  a po l i c y  pr o h i b i t i n g  sm o k i n g  in  to b a c c o ‐on l y  sh o p s  (“ s m o k i n g  lo u n g e s ” ) ,  cu r r e n t  bu s i n e s s e s  we r e  gr a n d f a t h e r e d  in .  Ad d i t i o n a l  St a t e  wo r k p l a c e  ex e m p t i o n s  still exist xi Sa r a t o g a  ‐   In c l u d e s  st r o n g e r  re s t r i c t i o n s  th a n  St a t e  Sm o k e ‐fr e e  Wo r k p l a c e  la w  bu t  st i l l  al l o w s  sm o k i n g  in  ho t e l  ro o m s ,  de s i g n a t e d  ro o m s  of  he a l t h  fa c i l i t i e s xi i Su n n y v a l e  – Pr o h i b i t s  sm o k i n g  in  60 %  of  ou t d o o r  di n i n g  ar e a s   St a t e :    Sm o k i n g  pr o h i b i t e d  wi t h i n  “e n c l o s e d  sp a c e s ”  of  em p l o y m e n t ;  20 ‐ft .  of  ma i n  en t r a n c e s ,  ex i t s ,  an d  op e r a b l e  wi n d o w s  of  pu b l i c  bu i l d i n g s Ju r i s d i c t i o n   Sm o k e ‐fr e e  In d o o r  Ai r   Po l i c i e s   Sm o k e ‐fr e e  Ou t d o o r  Ai r  Po l i c i e s   Tobacco Retail Policies  Wo r k s i t e s i  Mu l t i ‐Un i t   Ho u s i n g  (M U H )   Pa r k s  &  Tr a i l s   Di n i n g   Ar e a s   En t r y w a y s   Se r v i c e   Ar e a s   Co m m o n   Ar e a s  of  MU H   Tobacco Retail Permit Limit Sales Near Schools  Ca m p b e l l ii   x  ‐  x  x  x  ‐  ‐  x ‐  Co u n t y  of  Sa n t a  Cl a r a  ii i   x  x  x  x  x  x  x  x x  Cu p e r t i n o iv   ‐  ‐  x  ‐  ‐  ‐  ‐  ‐ ‐  Gi l r o y v  ‐  ‐   x  x ‐   ‐   ‐   ‐   ‐   Lo s  Al t o s   ‐  ‐  x  ‐  ‐  ‐  ‐  ‐ ‐  Lo s  Al t o s  Hi l l s   ‐  ‐   ‐   ‐   ‐   ‐   ‐  n/a n/a  Lo s  Ga t o s   ‐  ‐  x  x  ‐  ‐  ‐  ‐ ‐  Mi l p i t a s   ‐  ‐   x ‐   ‐   ‐   ‐   ‐   ‐   Mo n t e  Se r e n o   n/ a   ‐  n/ a   n/ a   n/ a   n/ a   ‐  n/a n/a  Mo r g a n  Hi l l vi   ‐  ‐   x  x  x  x ‐   x ‐  Mo u n t a i n  Vi e w vi i   x  ‐  x  x  x  ‐  ‐  ‐ x  Pa l o  Al t o vi i i   ‐  ‐   x  x  x  x ‐   ‐   ‐   Sa n  Jo s e ix   x  ‐  x  x  ‐  x  x  x ‐  Sa n t a  Cl a r a x  x ‐   ‐   ‐   ‐   ‐   ‐   ‐   ‐   Sa r a t o g a xi   x  ‐  x  ‐  ‐  ‐  ‐  ‐ x  Su n n y v a l e xi i    ‐   x  x ‐   ‐   ‐   ‐   ‐   1    CHAPTER 10.90:  REGULATION OF SMOKING IN RECREATIONAL AREAS    Section 10.90.010 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby  amended to read as follows:    Section 10.90.010  Definitions    The following words and phrases, whenever used in this chapter, shall have the meanings  defined in this chapter unless the context clearly requires otherwise:     A. “Outdoor Dining Area” means any privately owned or publicly owned area, street, or  sidewalk, which is available or customarily used by the general public and which is  designed, established, or regularly used for consuming food or drink.    A.  “Parking Area” means a parking lot or any other area designated or primarily used for  parking vehicles of Persons accessing a Recreational Area.    A.B. Reasonable distanceʺ means a distance of 25 feet in any direction from an area in which  smoking is prohibited.    B.C. “Recreational Area” means any outdoor area, including streets and sidewalks adjacent  to Recreational areas, owned or operated by the City of Cupertino and open to the general  public for recreational purposes, regardless of any fee or age requirement. The term  ʺRecreational Areaʺ includes, but is not limited to parks, picnic areas, playgrounds, sports  fields, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails,  swimming pools, roller‐skating rinks, and skateboard parks, and parking lot or other area  designated or primarily used for parking vehicles of persons accessing a Recreational Area.     C.D. “Smoke” means the gases, particles, or vapors released into the air as a result of  combustion, or vaporization, when the apparent or usual purpose of the combustion, or  vaporization is human inhalation of the byproducts, except when the combusting or  vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely  olfactory, such as, for example, smoke from incense. The term ʺSmokeʺ includes, but is not  limited to, tobacco smoke, and marijuana smoke.     D.E. “Smoking” means engaging in an act that generates Smoke, such as for example:  possessing a lighted pipe, lighted hookah pipe, a lighted cigar, or a lighted cigarette of any  kind; or; or lighting or igniting of a pipe, cigar, hookah pipe, or cigarette of any kind.            NE W   DE F I N I T I O N S   MO V E   2    Section 10.90.020 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby  amended to read as follows:    Section 10.90.020  Smoking Prohibited.    A. Smoking is prohibited :    1. In Recreational Areas; anywhere in a Recreational Area and twenty‐five (25) feet from  the boundaries thereof, or in any parking area adjacent to the Recreational area. The 25  foot prohibition does not apply to adjacent private property.    2. In Outdoor Dining Areas; and    3. At entrances, exits, operable windows, or air intake openings of any building area  which is available or customarily used by the general public and which is designed,  established, or regularly used for consuming food or drink.;    B. Reasonable Smoking Distance Required.    1. Smoking in all unenclosed areas is prohibited within a reasonable distance from any  unenclosed areas in which smoking is prohibited under Section 10.90.020.A, except  while actively passing on the way to another destination and provided smoke does not  enter any area in which smoking is prohibited;    2. The smoking prohibitions in Section 10.90.020.B.1. shall not apply to unenclosed areas  of private residential properties.    B.C. Nothing in this chapter shall be construed to prohibit smoking in any area in which such  smoking is already prohibited by state or federal law unless the applicable state or federal  law does not preempt additional local regulation.    C.D. No Person shall dispose of used smoking waste within the boundaries of an area in which  smoking is prohibited by this chapter.    D.E. Each instance of smoking in violation of this chapter shall constitute a separate violation.  For violations other than smoking, each day of a continuing violation of this chapter shall  constitute a separate violation.                MO V E   AD D I T I O N   3    Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby amended to add Section  10.90.045  to read as follows:    Section 10.90.045 Posting of Signs.    Where smoking is prohibited by this chapter, a clear conspicuous and unambiguous ʺNo  Smoking in and around 25 feet of this Areaʺ sign shall be posted outside of each point of ingress  to the area, and at one other conspicuous point within the area. The signs shall have letters of no  less than one inch in height and shall include the international ʺNo Smokingʺ symbol  (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red  bar across it). The sign shall also contain a reference to Section 10.90.020 of the CMC (Cupertino  Municipal Code).  Notwithstanding this provision, the presence or absence of signs shall not be  a defense to a charge of smoking in violation of any other provision of this chapter.  Section 10.90.050 of Chapter 10.90 of Title 10 of the Cupertino Municipal Code is hereby  amended to read as follows:  10.90.040 10.90.050  Violation ‐ Penalty.    A. The remedies provided by this article are cumulative and in addition to any other remedies  available at law or in equity.  Except as otherwise provided, enforcement of this chapter is  at the sole discretion of the City of Cupertino.  Nothing in this chapter shall create a right of  action in any person against the City of Cupertino or its agents to compel public  enforcement of this article against any party.    B. Any person who violates any of the provisions of this chapter shall be guilty of an  infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 or, in  the alternative, subject to enforcement action pursuant to Chapter 1.10: Administrative  Citations, Fines, and Penalties.                            AD D I T I O N   Formatted: Not Highlight 4    CHAPTER 10.56 TRESPASSING UPON PARKING LOTS, SHOPPING CENTER PROPERTY  AND OTHER PROPERTY OPEN TO THE PUBLIC    Section 10.56.020 of Chapter 10.56 of Title 10 of the Cupertino Municipal Code is hereby  amended to read as follows:    10.56.020 Unlawful.    A. It is unlawful for any person, other than a public officer or employee acting within the scope  of his or her employment, to enter or remain on any shopping center property, or any other  private property open to the public within the City, after the owner, lessee or other person in  charge of the property has, for good cause, demanded that such person remove themselves  from the property.    B. Good cause for removing someone from the property is limited to the following instances:    1. Where the person participates in, or engages in conduct which urges a riot, acts of  force or violence, or the burning or destroying of property within the meaning of  Penal Code Sections 404 and 404.6;    2. Where the person participates in an unlawful assembly as deemed in Penal Code  Section 407;    3. Where the person engages in conduct which constitutes a disturbance of the peace as  deemed in Penal Code Section 415;    4. Where the person intentionally interferes with the lawful conduct of business on the  premises by obstructing or intimidating those attempting to carry on business, or by  obstructing or intimidating their customers within the meaning of Penal Code  Section 602.1;      5. Where the person engages in disorderly conduct within the meaning of Penal Code  Section 647, including loitering, accosting other persons for the purpose of begging,  and being under the influence of any drug or liquor;    6. Where the person willfully and maliciously obstructs the free flow of pedestrian  movement within the meaning of Penal Code Section 647c;    7. Where the person causes a noise disturbance in violation of Chapter 10.48 of this  Code; or    5    8. Where the person smokes in violation of federal or state law, any provision Chapter  10.25 of this Code or in violation of smoking rules established by any shopping  center within the City.      CL E A N ‐UP   CITY OF CUPERTINO Legislation Details (With Text) File #: Version:114-0335 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:7/15/2014 City Council On agenda:Final action:8/19/2014 Title:Subject: Civic Center Master Plan update Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/19/2014 1 Subject: Civic Center Master Plan update Accept Civic Center Master Plan update report CITY OF CUPERTINO Printed on 8/13/2014Page 1 of 1 powered by Legistar™