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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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– 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
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