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11-03-15 Searchable packetCITY OF CUPERTINO AGENDA Tuesday, November 3, 2015 10350 Torre Avenue, Council Chamber CITY COUNCIL 6:45 PM Special Televised Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, November 3, 2015, commencing at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Present Emerging Artist Award to Claire Kuan Recommended Action: Present Emerging Artist Award to Claire Kuan 2.Subject: a. Presentations from delegations to Toyokawa and Copertino Sister Cities and students who hosted Toyokawa delegates; and b. Presentation of Hsinchu Sister City delegation gift Recommended Action: Receive presentations 3.Subject: Update from the Public Safety Commission Recommended Action: Receive update 4.Subject: Update from the Technology, Information, and Communications Commission Recommended Action: Receive update Page 1 CITY OF CUPERTINO 1 November 3, 2015City Council AGENDA 5.Subject: Update from the Bicycle Pedestrian Commission Recommended Action: Receive update 6.Subject: Safe Routes to School Update Recommended Action: Receive 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 October 20 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 8.Subject: Accept Accounts Payable for the period ending September 25, 2015 Recommended Action: Adopt Resolution No. 15-094 accepting accounts payable for the period ending September 25, 2015 A - Draft Resolution B - AP Report 9.Subject: Accept Accounts Payable for the period ending October 2, 2015 Recommended Action: Adopt Resolution No. 15-095 accepting Accounts Payable for the period ending October 2, 2015 A - Draft Resolution B - AP Report 10.Subject: Accept Accounts Payable for the period ending October 9, 2015 Recommended Action: Adopt Resolution No. 15-096 accepting Accounts Payable for the period ending October 9, 2015 A - Draft Resolution B - AP Report Page 2 CITY OF CUPERTINO 2 November 3, 2015City Council AGENDA 11.Subject: Accept Accounts Payable for the period ending October 16, 2015 Recommended Action: Adopt Resolution No. 15-097 accepting Accounts Payable for the period ending October 16, 2015 A - Draft Resolution B - AP Report 12.Subject: Letter to the California Public Utilities Commission (CPUC) supporting protections to its net energy metering program for rooftop solar customers Recommended Action: Authorize the Mayor to sign a letter to the CPUC to preserve its net energy metering program benefits for rooftop solar customers Staff Report A - Letter B - Fact Sheet 13.Subject: Approve the destruction of records from the City Clerk, City Manager, Code Enforcement, Public Works, and Recreation and Community Services (Quinlan Community Center) departments Recommended Action: Adopt Resolution No. 15-098 approving the destruction of records Staff Report A - Draft Resolution 14.Subject: Authorize a new Chief Technology Officer/Director of Information Services position in the salary schedule for Unrepresented Employees’ Compensation Program and approve corresponding budget amendments totaling $148,750. Recommended Action: Staff recommends the City Council approve the following: 1.Adopt Resolution No. 15-099 Amending the Unrepresented Employees’ Compensation Program and salary schedule. 2.Approve an increase to the FY 2015-16 Information Technology program budget of $61,875 (610-34-310). 3.Approve an increase to the FY 2015-16 Public Affairs program budget of $61,875 (100-30-300). 4.Approve an increase to the FY 2015-16 Human Resources program budget of $25,000 (100-44-412). Staff Report A - Draft Resolution B - Redlined Amended Unrepresented Employees Compensation Program C - CIO/Director of Information Technology Position Description 15.Subject: 2015 Concrete Improvements Project, Project No. 2016-14 Page 3 CITY OF CUPERTINO 3 November 3, 2015City Council AGENDA Recommended Action: Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $1,396,245 and approve a construction contingency of $139,000, for a total of $1,535,245 Staff Report A - Draft Contract SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 16.Subject: Construction Project Updates Recommended Action: Receive updates 17.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 4 CITY OF CUPERTINO 4 November 3, 2015City 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), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during 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 5 CITY OF CUPERTINO 5 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1129 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:9/30/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Present Emerging Artist Award to Claire Kuan Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject: Present Emerging Artist Award to Claire Kuan Present Emerging Artist Award to Claire Kuan CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™6 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1156 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:10/9/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: a. Presentations from delegations to Toyokawa and Copertino Sister Cities and students who hosted Toyokawa delegates; and b. Presentation of Hsinchu Sister City delegation gift Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject:a.PresentationsfromdelegationstoToyokawaandCopertinoSisterCitiesand studentswhohostedToyokawadelegates;andb.PresentationofHsinchuSisterCitydelegation gift Receive presentations CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1135 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:10/5/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Update from the Public Safety Commission Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject: Update from the Public Safety Commission Receive update CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1136 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:10/5/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Update from the Technology, Information, and Communications Commission Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject: Update from the Technology, Information, and Communications Commission Receive update CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1138 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:10/5/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Update from the Bicycle Pedestrian Commission Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject: Update from the Bicycle Pedestrian Commission Receive update CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™10 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1159 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:10/9/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Safe Routes to School Update Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject:Safe Routes to School Update Receive update CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™11 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0698 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:2/18/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Approve the October 20 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council11/3/20151 Subject: Approve the October 20 City Council minutes Approve the minutes CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™12 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, October 20, 2015 SPECIAL CITY COUNCIL MEETING ROLL CALL At 5:30 p.m. Mayor Rod Sinks called the Special City Council meeting to order in Cupertino City Hall Conference Room A, 10300 Torre Avenue. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang and Council members Savita Vaidhyanathan, Darcy Paul (5:40 p.m.) and Gilbert Wong. Absent: None. At 5:30 p.m. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue. CLOSED SESSION Mayor Sinks announced that Council held a closed session on October 19 on two items: Subject: Public Employee Performance Evaluation (Gov't Code Section 54957) - City Manager. Council obtained a briefing, discussed and gave direction. No action was taken. Subject: Public Employment (54957). Title: City Attorney. Council obtained a briefing by the recruiter and gave direction. No action was taken. 1. Subject: Conference with Real Property Negotiators (Gov't Code Section 54956.8). Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset Mayor Sinks announced that Council obtained a briefing and gave direction. No action was taken. 13 City Council Minutes October 20, 2015 2 2. Subject: Conference with Legal Counsel-Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: One case Mayor Sinks announced that Council obtained a briefing and gave direction. No action was taken. 3. Subject: Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9: One case. Mayor Sinks announced that Council obtained a briefing and gave direction. No action was taken. ADJOURNMENT REGULAR CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Rod Sinks called the Regular City Council meeting to order in Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. ROLL CALL Present: Mayor Rod Sinks, Vice Mayor Barry Chang and Council members Savita Vaidhyanathan, Darcy Paul and Gilbert Wong. Absent: None. Vaidhyanathan moved and Wong seconded to reorder the agenda to take up item number 3 under Ceremonial Matters and Presentations next. The motion carried unanimously. CEREMONIAL MATTERS AND PRESENTATION 3. Subject: Annual update from the Library Commission Recommended Action: Receive update Written communications for this item include a PowerPoint presentation. Annie Ho, Chair of the Library Commission gave an annual update via a PowerPoint presentation. Council received the update. 14 City Council Minutes October 20, 2015 3 The meeting continued with the Study Session item. STUDY SESSION 1. Subject: Study Session on potential Ballot Measures regarding Civic Center Master Plan and Vallco Shopping District Special Area Recommended Action: Conduct a Study Session on potential Ballot Measures regarding Civic Center Master Plan and Vallco Shopping District Special Area and give direction to staff Written communication for this item included emails to Council and a comparative chart of estimated costs for 2016 elections from the Registrar of Voters office. City Clerk Grace Schmidt reviewed the staff report. The following individuals spoke on this item: Richard Abdalah - on behalf of the Cupertino Chamber of Commerce Jennifer Griffin Steve Kelly Martin Won Liang Chao Bob McKibbin Stacy Wilson Staff answered questions from Council. Council gave the following direction to staff:  Staff to provide an update to Council on development impact fees  Council to obtain additional information on Civic Center financing at the November meeting to inform the decision making process  Staff to provide an updated to Council on the status of any Vallco application, as well as its Environmental Impact Report, before August to inform the decision making process 15 City Council Minutes October 20, 2015 4 CEREMONIAL MATTERS AND PRESENTATION 2. Subject: a. Resolution acknowledging City Attorney Carol Korade for her contributions to the City of Cupertino; and b. Proclamation recognizing Carol Korade on her retirement and thanking her for her outstanding work as City Attorney for the City of Cupertino Recommended Action: a. Adopt Resolution No. 15-088 acknowledging City Attorney Carol Korade for her contributions to the City of Cupertino; and b. Present proclamation Written communications for this item included an email to Council. Wong moved and Vaidhyanathan seconded to adopt Resolution No. 15-088 acknowledging City Attorney Carol Korade for her contributions to the City of Cupertino. The motion carried unanimously. Mayor Sinks presented a proclamation and City Manager David Brandt presented a plaque to Ms. Korade. POSTPONEMENTS - None ORAL COMMUNICATIONS Larry Dean speaking on behalf of Walk-Bike Cupertino talked about safety concerns for bicycles and pedestrians at main street intersections around the City. Joan Chin talked about the Environmental Impact Review (EIR) of the Vallco project. Jon Willey talked about zoning regulations and showed Sandhill drawings for underground parking at the Vallco project area. He distributed written material. Gary Latshaw speaking on behalf of the Sierra Club talked about net metering for residents who have solar panels and writing a letter to the California Public Utilities Commission (CPUC). 16 City Council Minutes October 20, 2015 5 CONSENT CALENDAR Vaidhyanathan moved and Wong seconded to approve the items on the Consent Calendar as presented with the exception of item number 9 which was pulled for discussion. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None. 4. Subject: Approve the September 15 City Council minutes Recommended Action: Approve the minutes 5. Subject: Approve the October 6 City Council minutes Recommended Action: Approve the minutes 6. Subject: Accept Accounts Payable for the period ending September 4, 2015 Recommended Action: Adopt Resolution No. 15-089 accepting Accounts Payable for the period ending September 4, 2015 7. Subject: Accept Accounts Payable for the period ending September 11, 2015 Recommended Action: Adopt Resolution No. 15-090 accepting Accounts Payable for the period ending September 11, 2015 8. Subject: Accept Accounts Payable for the period ending September 18, 2015 Recommended Action: Adopt Resolution No. 15-091 accepting Accounts Payable for the period ending September 18, 2015 9. Subject: Approve the Employment Contract for the City Attorney, amend the Housing Assistance Program for Department Heads, and amend the Appointed Employees’ Compensation Program. Recommended Action: Authorize the Mayor to execute an Employment Contract with the new City Attorney for the City of Cupertino; and adopt Resolution No. 15-092 to amend the Housing Assistance Program for Department Heads; and adopt Resolution No. 15-093 to amend the Appointed Employees’ Compensation Program Written communications for this item included a proposed City Attorney contract. Vaidhyanathan moved and Wong seconded to authorize the Mayor to execute an employment contract with the new City Attorney for the City of Cupertino. The motion carried unanimously. 17 City Council Minutes October 20, 2015 6 Wong moved and Paul seconded to adopt Resolution No. 15-092 to amend the Housing Assistance Program for Department Heads and Resolution No. 15-093 to amend the Appointed Employees’ Compensation Program. The motion carried unanimously. 10. Subject: Accept Annual Report Recommended Action: Accept the Draft Annual Report 11. Subject: Reaffirm Shirley Chu as the Financial Representative on the Housing Commission Recommended Action: Reaffirm Shirley Chu as the Financial Representative on the Housing Commission 12. Subject: Application for Alcoholic Beverage License for Cupertino Liquors, 7335 Bollinger Road, Suite F Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Cupertino Liquors, 7335 Bollinger Road, Suite F 13. Subject: Application for Alcoholic Beverage License for Red Hot Wok, 10074 East Estates Drive Recommended Action: Recommend approval of the Alcoholic Beverage License to the California Department of Alcoholic Beverage Control for Red Hot Wok, 10074 East Estates Drive 14. Subject: Phase 1 of the Storm Drain Master Plan Update Recommended Action: 1. Authorize the City Manager to award a contract for surveying and information gathering of the City’s storm drain system to Sandis Civil Engineers, Inc., in the amount of $285,000; and 2. Authorize a contingency budget of $45,000, approximately fifteen (15%) of the surveying contract value, to address unforeseen conditions during the project. 15. Subject: Wilson Park Improvements 2015, Project No. 2015-08 Recommended Action: 1. Accept this report on bids; 2. Reject all bids received for the Wilson Park Improvements 2015, Project No. 2015-08; and 3. Remove the three CIP projects, listed below, that comprise the Wilson Park Improvements 2015 Project No. 2015-08, from the FY 2016 Capital Improvement Program, and liquidate the project budget balances to return the funds to Fund 429 Capital Reserve - 1) Wilson Park-Ball Safety Netting Screens (Budget Unit 580-90-907), 2) Wilson Park-Bleacher Shade 18 City Council Minutes October 20, 2015 7 Canopies (Budget Unit 580-90-908) and 3) Wilson Park-Building and Landscape Improvements (Budget Unit 580-90-945) SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 16. Subject: Citywide amendments to Community Vision 2040 (General Plan). The General Plan amendments address proposed policy, text and figure edits including, but not limited to updates, corrections, clarifications, and re-organization. These changes are located throughout the General Plan including, but not limited to, land use, transportation, environmental and waste management, community services, infrastructure, parks, and open space and community benefits, goals, policies, strategies, figures and appendices. In making changes to the General Plan, the City’s policies in the prior General Plan (2000 - 2020) will be used as a point of comparison. (GPA-2015-01, City-wide) Actions related to 10950 N. Blaney Avenue (Mirapath property): Change of General Plan Designation from Industrial/Residential to Industrial/Commercial/Residential and associated Municipal Code Amendment to rezone the property at 10950 N. Blaney Avenue from Light Industrial with special development conditions (ML-fa) to Planned Development with Light Industrial and General Commercial uses (P(ML,CG)). (Z-2015-01, 10950 N. Blaney Avenue, APN: 316 03 041) Council will further take action under CEQA for all matters under consideration. Recommended Action: Staff recommends that the City Council conduct a public hearing and take the following actions: 1. Adopt the Addendum to the certified General Plan Amendment, Housing Element Update and Associated Rezoning Environmental Impact Report (EIR), EA-2013-03; 2. Adopt Resolution No. 15-087, “A resolution of the City Council of the City of Cupertino approving a General Plan Amendment to Community Vision 2040 (General Plan) Policy, Text And Figures pertaining to citywide issues, and a change to the General Plan land use map to change the land use designation of one property located at 10950 N. Blaney Ave from Industrial/Residential to Industrial/Commercial/Residential,” GPA-2015-01, adopting amendments to Community Vision 2040 (General Plan), in substantially similar form to the attached Resolution, to make: a. Changes and corrections to the General Pla n (including Appendices) goals, policies and strategies, b. Changes and corrections to the General Plan figures in Chapter 2, Planning Areas, Chapter 3, Land Use and Community Design, Chapter 5, Mobility and Chapter 8, Infrastructure and inclusion of Neighborhood and Special Area maps in Chapter 2, Planning Areas and the Noise Contours map in Appendix D, Community Noise Control Fundamentals c. A change to 19 City Council Minutes October 20, 2015 8 the General Plan Land Use Map to change the land use designation of property located at 10950 N. Blaney Ave from Industrial/Residential to Industrial/Commercial/Residential; 3. Conduct the first reading of Ordinance 15-2135, “An Ordinance of the City Council of the City of Cupertino rezoning a 0.98 acre parcel from Light Industrial with Special Development Conditions (ML-fa) to Planned Development Zoning District with Light Industrial And Commercial Uses P(ML, CG),” Z-2015-01 Written communications for this item included emails to Council and a staff PowerPoint presentation. Senior Planner Piu Ghosh reviewed the staff report via a PowerPoint presentation. Staff answered questions from Council. Mayor Sinks opened the public hearing and the following individuals spoke on this item. Tiffany Chen and Tse-Yu Yeh speaking on behalf of Mirapath Inc. and Sprout Zone (supported item) Frank Geefay (traffic issues) Peggy Griffin (supported item) – distributed written material Cathy Thaler (supported item) Mark Tersini, Principal of KT Urban at Oaks Shopping Center (supported item) Jennifer Griffin (supported item) Staff answered questions from Council. Initial motion: Wong moved and Vaidhyanathan seconded to 1. Adopt the Addendum to the certified General Plan Amendment, Housing Element Update and Associated Rezoning Environmental Impact Report (EIR), EA-2013-03; 2. Adopt Resolution No. 15- 087 in its entirety; add Library Commission language in Policy RPC-6.2; direct staff to help applicants that committed finances toward the General Plan Amendment project initiated in 2012. Chang offered a friendly amendment to support only the change to the General Plan regarding rezoning property at 10950 N. Blaney Avenue and the additional Library Commission language. Wong withdrew all motions in order to vote on items separately. 20 City Council Minutes October 20, 2015 9 Final motions: Wong moved and Vaidhyanathan seconded to 1. Adopt the Addendum to the certified General Plan Amendment, Housing Element Update and Associated Rezoning Environmental Impact Report (EIR), EA-2013-03; and 2. (a/b) Adopt Resolution No. 15-087, GPA-2015-01, adopting Amendments to Community Vision 2040 (General Plan), in substantially similar form to the attached resolution, to make: a. Changes and corrections to the General Plan (including Appendices) goals, policies and strategies, b. Changes and corrections to the General Plan figures in Chapter 2, Planning Areas, Chapter 3, Land Use and Community Design, Chapter 5, Mobility and Chapter 8, Infrastructure and inclusion of Neighborhood and Special Area maps in Chapter 2, Planning Areas and the Noise Contours map in Appendix D, Community Noise Control Fundamentals. The motion carried with Chang voting no. Wong moved and Vaidhyanathan seconded to 2. (c) Adopt Resolution No. 15-087 regarding a change to the General Plan Land Use Map to change the land use designation of property located at 10950 N. Blaney Ave from Industrial/Residential to Industrial/Commercial/Residential; add Library Commission language: “Maintain and strengthen collaborative agreements and relationships with the Santa Clara County Library District to ensure progressive excellence in the facilities, programs, materials and learning services provided to the diverse and growing Cupertino population”; and direct staff to help applicants that committed finances toward the general plan amendment project initiated in 2012. The motion carried unanimously. City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Vaidhyanathan seconded to read Ordinance No. 15-2135 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None. ORDINANCES AND ACTION ITEMS 17. Subject: An Ordinance amending Section 2.12.040 of the Cupertino Municipal Code to clarify the number of votes required to pass ordinances, resolutions, and certain orders to ensure that the Municipal Code is consistent with State Law 21 City Council Minutes October 20, 2015 10 Recommended Action: Conduct the first reading of Ordinance No. 15-2136: An Ordinance of the City Council of the City of Cupertino amending Section 2.12.040 of the Cupertino Municipal Code regarding the number of votes required for Ordinances, Resolutions, and Certain Orders City Attorney Carol Korade reviewed the staff report. City Clerk Grace Schmidt read the title of the ordinance. Wong moved and Chang seconded to read Ordinance No. 15-2136 by title only and that the City Clerk’s reading would constitute the first reading thereof. Ayes: Sinks, Chang, Paul, Vaidhyanathan and Wong. Noes: None. Abstain: None. Absent: None. 18. Subject: Consider continuing the policy of providing action minutes for City Council meetings Recommended Action: Consider continuing the policy of providing action minutes for City Council meetings Written communications for this item included emails to City Council. City Clerk Grace Schmidt reviewed the staff report. The following individuals spoke on this item. Liang Chao (supported summary or verbatim) Xiawen Wang (supported written text file) Peggy Griffin (supported unofficial written transcript) Staff answered questions from Council. Paul moved and Chang seconded direct staff to do an RFP for closed caption service or other software for meeting transcription and outside transcription service for minutes. The motion carried unanimously. 19. Subject: Designate voting delegate and alternates for National League of Cities Annual Business Meeting November 7 in Nashville, TN Recommended Action: Designate voting delegate and up to two alternatives 22 City Council Minutes October 20, 2015 11 Paul moved and Chang seconded to designate Wong as voting delegate. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 20. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments City Manager David Brandt noted that Assistant City Attorney Colleen Winchester will be the Acting City Attorney until the new City Attorney can start. He also noted that Comcast is upgrading service in the City and residents may receive letters. Council concurred to have Vice Mayor Chang and Councilmember Paul draft a letter to the California Public Utilities Commission (CPUC) regarding net metering for solar panels and to add this as an item on the next Council agenda. Council concurred to have Chang bring the delegate gift he received from Hsinchu Sister City for presentation at the next Council meeting. Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 10:40 p.m., Mayor Sinks adjourned the meeting to Tuesday, November 3 at 6:45 p.m. in honor of former Council member Nick Szabo who recently passed away. _______________________________ 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. 23 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1164 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/12/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Accept Accounts Payable for the period ending September 25, 2015 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council11/3/20151 Subject: Accept Accounts Payable for the period ending September 25, 2015 AdoptResolutionNo.15-094acceptingaccountspayablefortheperiodendingSeptember25, 2015 CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™24 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 September 25, 2015 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 the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 3rd day of November, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1178 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/21/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Accept Accounts Payable for the period ending October 2, 2015 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council11/3/20151 Subject: Accept Accounts Payable for the period ending October 2, 2015 AdoptResolutionNo.15-095acceptingAccountsPayablefortheperiodendingOctober2, 2015 CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™46 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 October 2, 2015 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 the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 3rd day of November, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 47 48 49 50 51 52 53 54 55 56 57 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1179 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/21/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Accept Accounts Payable for the period ending October 9, 2015 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council11/3/20151 Subject: Accept Accounts Payable for the period ending October 9, 2015 AdoptResolutionNo.15-096acceptingAccountsPayablefortheperiodendingOctober9, 2015 CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™58 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 October 9, 2015 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 the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 3rd day of November, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1180 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/21/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Accept Accounts Payable for the period ending October 16, 2015 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council11/3/20151 Subject: Accept Accounts Payable for the period ending October 16, 2015 AdoptResolutionNo.15-097acceptingAccountsPayablefortheperiodendingOctober16, 2015 CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™76 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 October 16, 2015 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 the attached Payment Register. CERTIFIED: _____________________________ Lisa Taitano, Finance Manager PASSED AND ADOPTED at a special meeting of the City Council of the City of Cupertino this 3rd day of November, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 77 78 79 80 81 82 83 84 85 86 87 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1188 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/22/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Letter to the California Public Utilities Commission (CPUC) supporting protections to its net energy metering program for rooftop solar customers Sponsors: Indexes: Code sections: Attachments:Staff Report A - Letter B - Fact Sheet Action ByDate Action ResultVer. City Council11/3/20151 Subject:LettertotheCaliforniaPublicUtilitiesCommission(CPUC)supportingprotectionsto its net energy metering program for rooftop solar customers AuthorizetheMayortosignalettertotheCPUCtopreserveitsnetenergymeteringprogram benefits for rooftop solar customers CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™88 1 OFFICE OF THE CITY MANAGER SUSTAINABILITY DIVISION CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-7603 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 3, 2015 Subject Letter to the CPUC supporting protections to its net energy metering program for rooftop solar customers Recommended Action Authorize the Mayor to sign a letter to the CPUC to preserve its net energy metering program benefits for rooftop solar customers Description Customers who install small solar, wind, biogas, and fuel cell generation facilities (1 MW or less) to serve all or a portion of onsite electricity needs are eligible for the state's net energy metering (NEM) program. NEM allows a customer that generates electricity to receive a financial credit for the power generated by their onsite system that is fed back to the utility. The credit, currently paid at retail rates, is used to offset the customer's electricity bill. NEM is an important driver of customer investment in grid- tied distributed renewable energy generation, including customer-sited solar PV systems. The program is widely utilized, with 90 percent of solar photovoltaic systems interconnected to the grid signed up for NEM tariffs, and is credited as a key driver of California’s top rank in installed solar capacity in the country. In 2013, Governor Brown passed AB 327, which calls for the CPUC to reevaluate and redefine NEM. This upcoming decision, known as NEM 2.0 or the “successor tariff” is due by December 31, 2015 and has led to recent fillings by California’s three largest utilities, including PG&E, which propose new charges and rates that would reverse existing NEM benefits and dramatically lengthen a new solar project’s payback period, thereby jeopardizing its viability. To protect NEM and encourage the CPUC’s to expand NEM benefits under the defined AB 327 process, Mayors across the state are submitting letters, like the one that appears in Attachment A, to CPUC President. A draft letter, with alternative text, and a fact sheet were submitted by a Cupertino resident, concerned with the fate of NEM, for Council consideration. 89 2 Next Steps Upon gaining Council support, the Mayor will sign and send the letter to the CPUC. Staff will continue to track the AB 327 process and share any further opportunities to engage in CPUC decision making for Council action when appropriate. Sustainability Impact Safeguarding the current NEM program supports implementation of the agency’s Climate Action Plan (“CAP”) and General Plan (“GP”) Environmental Resources/ Sustainability Element. Specifically, the NEM program is considered critical to achieve CAP measure C-E-5 Community-wide Solar Photovoltaic Development. According to utility grid interconnection data provided by PG&E, Cupertino installed nearly 1.7 megawatts (MW) of residential PV capacity between January 2010 and December 2014. An additional 3.8 MW of PV capacity was installed on commercial properties during the same time period.i The CAP envisions expansion of this capacity by 1.5MW in the residential and commercial sectors by 2020 and 5.0MW by 2035, but only if NEM continues to offer the same, or expanded, incentives to new customers. If retained, NEM will enable greenhouse gas emissions savings to our community of 1,575 MT CO2e/yr, or 17% of our City’s 2020 target, expanding to 4,440 MT CO2e/yr by 2035. Fiscal Impact Reversal of NEM benefits as recently proposed by utilities, will delay the payback period and change the economics of rooftop solar for all new projects, including those evaluated for our agency in a former solar feasibility study prepared by Optony in 2013. If the CPUC elects to include additional virtual NEM incentives, as suggested in the attached letter, the City may have an opportunity to site new arrays in its Corporation Yard and offset energy use at other municipal sites, thereby reducing the agency’s aggregate energy costs. _____________________________________ Prepared by: Erin Cooke, Assistant to the City Manager & Sustainability Manager Approved for Submission by: David Brandt, City Manager Attachments: A. Draft NEM Support Letter B. Fact Sheet submitted by resident and Cool Cities Cupertino Lead i PG&E. PG&E Generation Interconnection Services Progress Report for Cupertino. October 1998-May 2014. 90 OFFICE OF THE MAYOR CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3200 www.cupertino.org President Michael Picker California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 November 3, 2015 Dear President Picker, As Mayor of the City of Cupertino, I write to you today to urge both your continued support and efforts to expand the net energy metering (NEM) program, which is threatened by recent California Public Utility Commission (CPUC) filings by our current utility and others across the state. NEM is an important state policy that has and will continue to, if preserved; facilitate the growth of rooftop solar in California enabling our state to achieve its AB32 and EO B-30-15 targets, alongside our agency’s Climate Action Plan and General Plan goals. As numerous reports suggest, including the recent UC Berkeley Labor Center’s Environmental and Economic Benefits of Building Solar in California1, expanding rooftop solar will create local jobs, reduce the burden of energy costs on our economy, and build a cleaner energy future for all Californians. The California Solar Jobs Census2 notes that our solar industry employed over 54,000 Californians in 2014, a 16 percent increase from the year before, with nearly half of these workers located in the Bay Area3. Over the next 30 years, California schools and government entities that already installed net metered rooftop solar will save more than $2.5 billion in electricity costs cites a Brighter Future: A Study on Solar in U.S. Schools Report by the Solar Energy Industries Association.4 These continued benefits are a direct result of NEM, a simple, easily understood and fair policy that provides a one-to-one credit on a customer bill for locally generated power and exempts small local projects from fees designed for larger generating facilities. This highly successful program is now threatened by proposals from the three investor owned utilities that, if adopted, could stymie rooftop solar businesses in California. These proposals would unjustifiably add new monthly fees for rooftop solar owners, cut the current bill credit roughly in half, increase interconnection fees and add demand charges, all of which will change the economics of these installations making the arrays untenable for property owners. It is essential to preserve and expand net metering in order to accelerate this marketplace and bring all the benefits of expanded solar power to additional communities across the state. As such, Cupertino’s City Council urges the Commission to maintain its NEM program without introducing excessive new fees, and to expand its applications to new customers and beneficiaries. Of particular relevance for our community would be to enable virtual net metering for cities and schools to apply credits from solar projects to multiple locations, a barrier our agency encountered when siting a solar project at our Corporation Yard with the hope to offsetting the energy demand of our Civic Center. A robust program to consider in your design of the NEM “successor tariff” will also provide expanded opportunities for renters and disadvantaged communities, in alignment with other CPUC programs such as CARE, FERA and CSI Single/Multi-Family Affordable Solar Homes. 1 Accessed October 27, 2015 at http://irle.berkeley.edu/vial/publications/building-solar-ca14.pdf 2 Accessed October 27, 2015 at http://www.thesolarfoundation.org/wp-content/uploads/2015/02/California-Solar-Jobs-Census-2014.pdf 3 Accessed October 27, 2015 http://www.bizjournals.com/sanjose/print-edition/2015/09/04/sunset-looms-for-the-solar-boom.html 4 Accessed October 27, 2015 at http://www.seia.org/research-resources/brighter-future-study-solar-us-schools-report 91 With your continued leadership, our state can continue to drive, not discourage, solar market growth, by harnessing the power of the sun to safeguard our community’s current health and foster our long-term prosperity. Sincerely, Mayor Rod Sinks, City of Cupertino CC: Governor Jerry Brown Commissioner Carla Peterman Commissioner Michael Florio Commissioner Catherine Sandoval Commissioner Liane Randolph 92 Net Energy Metering Successor Tariff - Factsheet The CPUC is actively working to finalize new rules updating the state’s Net Energy Metering program by the end of 2015. Net metering is the primary policy driver that has helped more than 250,000 California homeowners, businesses, schools and local governments install solar on their roofs. Net metering currently allows solar customers to receive fair compensation (a one for one kilowatt hour credit on their utility bill) for any clean energy they generate and send back into the local grid. The program has helped dramatically grow the solar industry in the state which is good for the economy, public health, and our climate. Unfortunately, the three investor owned utilities (IOUs) including PG&E, SDG&E and SCE have now submitted proposals to the CPUC that if adopted would essentially kill new rooftop solar in California. Their proposals would unjustifiably add monthly fees for rooftop solar owners, cut the bill credit roughly in half, increase interconnection fees and add demand charges all of which could unfairly make rooftop solar no longer viable or understandable for most people. (To read more detailed information on their proposals, please go to VoteSolar’s Website on this issue at: http://votesolar.org/2015/08/13/ca-utilities-want-to-replace-net-metering-with-what/ ) We believe that the new NEM successor tariff should accomplish the following objectives: 1. Keep it simple (Don’t fix what isn’t broken) - The current NEM program is simple, well understood and fair. It is transparent and has provided long term market certainty that has been foundational to its success. It has been a highly popular and successful policy utilized in 44 states in the US. Let’s build on this successful foundation. 2. Right of self-generation - California citizens and businesses have the right to generate their own electricity by installing a solar system and only being charged for the net electricity they need to draw from the grid. 3. Support continued growth - AB 327 requires that the successor tariff ensure “that customer‐sited renewable distributed generation continues to grow sustainably.” 4. No new penalties - The successor tariff should not penalize customers or subject them to additional costs for making energy-saving investments and that would discourage new solar installations. 5. Support virtual net metering - CPUC should make it easier for farmers, schools, cities, counties and others to utilize “virtual net metering,” which allows a customer to use generation from one solar array to offset power demand from multiple meters at multiple locations. 6. Support people living in disadvantaged communities and in multi-unit developments – The expanded program should support new solar projects for and participation by people who live in multi-unit developments, renters, and people living in disadvantaged communities including people of color. 7. Support coming Zero Net Energy (ZNE) requirements – the new tariff should support the easy implementation of the energy generation portion of expected ZNE building requirements for all new residential buildings in 2020 with commercial buildings to follow. 8. Larger Projects - It should support projects that are larger than the current 1 MW project size limit where appropriate. The IOU proposals would violate nearly all of these principles! 93 Helpful Facts 1. The cost of solar panels has declined by more than 60% since 2010, making solar projects affordable for people across the economic spectrum. A 2011 study documented that over 60% of residential PV systems are now installed by middle income homeowners ($40,000-84,999/yr.). 2. A whopping 86% of California voters think net metering should be more widely available. 3. PV systems installed under the NEM policy cover their costs and do not disadvantage other ratepayers. A 2013 E3 study conducted for the CPUC showed that as a group, net metered customers of the three investor-owned utilities covered 103% of what it cost the utilities to serve them. 4. When he first came into office in 2010, Governor Jerry Brown set a goal of at least 12,000 MW of distributed generation (DG) by 2020. When the current NEM program cap is reached by 2017, California will have installed about 5,000 MW of renewable DG. Other programs will add some to that but we still need much more to reach this early goal. Now, with the Governor’s plan to increase renewable energy to at least 50% by 2030 and reduce California’s climate emissions by 40% below 1990 levels, even more DG is needed. 5. Nearly all behind the meter solar systems today are being installed without any California State rebates. The State’s California Solar Initiative (CSI) program has been a roaring success in stimulating the new solar industry so that as long as net metering is maintained, installations no longer need rebates to be financially viable. 6. Distributed Generation (which has so far mostly been PV solar) has the technical and economic potential to provide more than 10% of the state’s electricity by 2030. Locally installed solar can be installed quickly, creates quality local jobs, causes minimal environmental damage, reduces local pollution and the negative health impacts it causes, improves grid reliability, reduces the need for expensive transmission lines and reduces GHG emissions. 7. Californians want to have the ability to install their own solar and energy storage systems. According to the 2014 “U.S. Homeowners on Clean Energy: A National Survey” by CleanEdge & Solar City. (http://cleanedge.com/reports/homeowner-clean-energy-survey),  “While homeowners generally view their utilities favorably, a majority of homeowners (69%) say they want more choices when it comes to their energy and electricity supply.  Reflecting this desire for choice, three out of four respondents believe that utilities should not be able to block individual residential customers from installing distributed solar power, energy storage, and other onsite systems. Such sentiments were strongest among respondents that identified themselves as Republicans, Conservatives, the middle-aged (55-69), and elderly (70+), at 80%, 83%, 89%, and 94%, respectively.  62% of American homeowners say that they want solar power for their homes.  Four in ten Americans say they have recently experienced power outages with their current utility and that motivates them to get backup power; 50% of homeowners are interested in backup power for their homes”. Please sign the attached letter to ensure that the new NEM rules will drive California towards fully realizing its potential to reduce harmful pollution, increase quality local solar jobs and mitigate climate change. Please let the CPUC and the Governor know that you oppose the IOUs proposals that would radically change the current NEM program and essentially kill new rooftop solar in California. 94 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1190 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/22/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Approve the destruction of records from the City Clerk, City Manager, Code Enforcement, Public Works, and Recreation and Community Services (Quinlan Community Center) departments Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Action ByDate Action ResultVer. City Council11/3/20151 Subject:ApprovethedestructionofrecordsfromtheCityClerk,CityManager,Code Enforcement,PublicWorks,andRecreationandCommunityServices(QuinlanCommunity Center) departments Adopt Resolution No. 15-098 approving the destruction of records CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™95 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 3, 2015 Subject Approve the destruction of records from the City Clerk, City Manager, Code Enforcement, Public Works, and Recreation and Community Services (Quinlan Community Center) departments. Recommended Action Adopt the draft resolution approving the destruction of records. Discussion The City Council has adopted a records retention schedule for the City of Cupertino, Resolution No. 13-094. The retention schedule determines that certain records in excess of two years old can be destroyed. The department request for permission to destroy all said records in excess of two years old as noted in the draft resolution attachment has been approved by the Department Head, City Clerk, and City Attorney. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Kirsten Squarcia, Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution 96 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING DESTRUCTION OF CERTAIN RECORDS FROM THE CITY CLERK, CITY MANAGER, CODE ENFORCEMENT, PUBLIC WORKS, AND RECREATION AND COMMUNITY SERVICES (QUINLAN COMMUNITY CENTER) DEPARTMENTS WHEREAS, the City Council did by adoption of Resolution No. 13-094 establish rules and regulations for records retention and destruction; and WHEREAS, it has been determined that certain records in excess of two years old no longer contain data of any historical or administrative significance; and WHEREAS, the department request for permission to destroy all said records in excess of two years old has been approved by the Department Head, City Attorney, and City Clerk; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino authorizes destruction of the records specified in the schedule attached hereto. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November, 2015, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ___________________________ _______________________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 97 CUPERTINO OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366 RECORDS DESTRUCTION AUTHORIZATION FORM The records listed on the attachment can be destroyed in accordance with the City's Records Retention Schedule. Please review the list and contact the City Clerk's office if you believe any of these records are of historical or administrative significance and should not be destroyed. Please also make sure none of the records are the subject of any claim, litigation, investigation, or audit. Please return signed form to the City Clerk's office. ==--=========================================== LCJ/22( L( I l Department Head I Division Manager Date Date Date (To be completed after destruction has been performed -return signed form to City Clerk's office) I HEREBY CERTIFY that the items listed on the attachment have been destroyed in accordance with City policies and procedures: City Clerk files Employee Performing Destruction Date 98 Resolution authorizing destruction: Additional information Retention 7 years Retention2 years RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: City Clerk Files - Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - !Name rumbcr II Subject ~Address I Date Ranges !Type Statements of 2002-2003 D Economic Interests PSS Associates Application 8-U-Administrative 1998 D /Citation Homes 94 Record Center I 99 OFFICE OF THE CITY CLERK CITY HALL CUPERTINO 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366 RECORDS DESTRUCTION AUTHORIZATION FORM The records listed on the attachment can be destroyed in accordance with the City's Records Retention Schedule. Please review the list and contact the City Clerk's office if you believe any of these records are of historical or administrative significance and should not be destroyed. Please also make sure none of the records are the subject of any claim, litigation, investigation, or audit. Please return signed form to the City Clerk's office. =============================================--== TS HA VE BEEN REVIEWED AND APPROVED FOR DESTRUCTION /O(t?(/J Date <£ j!'{}{' e_Q 5JfL tt City Clerk r~c·· ,,,Qy~. Date -City Attorney Date ========================::::::::======================= (To be completed after destruction has been performed -return signed form to City Clerk's office) I HEREBY CERTIFY that the items listed on the attachment have been destroyed in accordance with City policies and procedures: City Manager files Employee Performing Destruction Date 100 Resolution authorizing destruction: Additional information Retention 2 years or no longer needed RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: City Manager Files 1985 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - INrune llNrnnbcr II Subj~t rd dress I Date Ranges [Type City Manager 1985 D Files I 101 OFFICE OF THE CITY CLERK CITY HALL CUPERTINO 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366 RECORDS DESTRUCTION AUTHORIZATION FORM The records listed on the attachment can be destroyed in accordance with the City's Records Retention Schedule. Please review the list and contact the City Clerk's office if you believe any of these records are of historical or administrative significance and should not be destroyed. Please also make sure none of the records are the subject of any claim, litigation, investigation, or audit. Please return signed form to the City Clerk's office. ========================================== DOCUMENTS HA VE BEEN REVIEWED AND APPROVED FOR DESTRUCTION """/ (') ( '&;tl}f? CR:ft111J-tJ--cx_ Department Head I Division Manager Date Date City Attorney Date ==================================================== (To be completed after destruction has been performed -return signed form to City Clerk's office) I HEREBY CERTIFY that the items listed on the attachment have been destroyed in accordance with City policies and procedures: Code Enforcement Files 2015 Employee Performing Destruction Date 102 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Code Files 2015 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: 15- D=Destruction M=Microfilm S=Scanning - Additional INmne rmnbfil ~Subject II Adiliess I Date Ranges IJYpe information Code Party Disturbance Party Forms 2004 -2006 D Enforcement Forms CD-015 Retention When No Longer Required- Minimum 5 years; CFC § 104.3.4, GC 934090 Code Abandoned Quarter 1 Abandoned 2012 D Enforcement Vehicle July, August & Vehicles Abatement September (AVASA) CD-010; Service Authority Retention 2 years; Reports GC §34090 et seq. Code Abandoned Quarter 2 Abandoned 2012 D Enforcement Vehicle October, Vehicles Abatement November& (AVASA) CD-010; Service Authority December Retention 2 years; (Reports) GC §34090 et seq. Code Enforcement Abandoned Abandoned 2009-2010 D I 103 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Code Files 2015 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: 15- D=Destruction M=Microfilm S=Scanning Additional INmne rumbfil rubject II Ad&ess I Date Ranges !Type information Vehicle Quarters 1, 2, 3 & Vehicles CD-010; Abatement 4 (AVASA) Retention 2 years; Service Authority GC §34090 et seq. (Reports) Code Abandoned Quarters 1, 2, 3 & Abandoned 2011 D Enforcement Vehicle 4 Vehicles Abatement (AVASA) CD-010; Service Authority Retention 2 years; (Reports) GC §34090 et seq. Code Abandoned Quarter 1 Abandoned 2008 D Enforcement Vehicle July, August, & Vehicles Abatement September CD-010; Service Authority (AVASA) Retention 2 years; (Reports) GC §34090 et seq. Code Abandoned Quarter4 Abandoned 2013 D Enforcement Vehicle April, May& Vehicles Abatement June CD-010; Service Authority (AVASA) Retention 2 years; GC §34090 et seq. Code False Alarm Cards Residential and 01/2010-D I 104 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Code Files 2015 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: 15- D=Destruction M=Microfilm S=Scanning Additional I Name rurnb~ ~Subject rddress I Date Ranges I Type information Enforcement (Records) Commercial 12/2012 Properties CD-011; Retention 2 years; GC §34090 et seq. Code Debris Box 2007 -2011 D Enforcement Investigation Letters, Court CD-016; Papers and Retention Reports 2 years; GC §34090 et seq. Code Electronically Citizenserve Case 01/2008 -D Enforcement Stored Case Files Files 06/2010 CD-015; Retention When No Longer Required- Minimum 5 years; CFC §104.3.4, GC §34090 Code Case File (closed) Case#09-000836 Municipal Code 19964 Wheaton Closed on D I 105 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Code Files 2015 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: 15- D=Destruction M=Microfilm S=Scanning Additional I Nrune rumbcr rubject II AdITTess I Date Ranges !Type information Enforcement Animal Control# Violation Drive, Cupertino 09/16/2009 A09-009830 Investigation Case CD-015; File Retention When No Longer Required- Minimum 5 years; CFC §104.3.4, GC §34090 Code Case File (closed) Sheriff Report Municipal Code 22326 Regnart 10/19/2004 D Enforcement #04-293-0048C Sheriff Report; Road, Cupertino CD-015; Retention When No Longer Required- Minimum 5 years; CFC §104.3.4, GC §34090 Code Case File Animal Control Dog Bite 7778 Lilac Way Closed on D Enforcement (Closed) #A04-015629 Investigation & Cupertino 9-16-2004 Determination CD-015; I 106 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Code Files 2015 Destroyed Scanned Microfilmed Resolution Date records Date: Date paper Date: Date paper authorizing destroyed: destroyed: destroyed: destruction: 15- D=Destruction M=Microfilm S=Scanning Additional INrune rumbfil i Subject iAddress I Date Ranges !Type information Retention When No Longer Required- Minimum 5 years; CFC § 104.3.4, GC §34090 Code Case File Dog Bite 22326 Regnart Case closed on 7- Enforcement (Closed) Investigation & Road 16-2004 Determination CD-015; Retention When No Longer Required- Minimum 5 years; CFC §104.3.4, GC §34090 Code Handbill & Expired and 01/2013 -D Enforcement Solicitor closed Permits; 07/2013 Applications CD-018; Expired Permits Retention Expiration + 2 years; GC §34090 I 107 Resolution authorizing destruction: 15- Additional information et se . RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Code Files 2015 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning 1N=e rumber I Subject I Address I Date Ranges I Type I 108 OFFICE OF THE CITY CLERK CITY HALL CUPERTINO 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366 RECORDS DESTRUCTION AUTHORIZATION FORM The records listed on the attachment can be destroyed in accordance with the City's Records Retention Schedule. Please review the list and contact the City Clerk's office if you believe any of these records are of historical or administrative significance and should not be destroyed. Please also make sure none of the records are the subject of any claim, litigation, investigation, or audit. Please return signed form to the City Clerk's office. DOCUMENTS HA VE BEEN REVIEWED AND APPROVED FOR DESTRUCTION Department Head I Division Manager ~ef City Clerk Date (l r I ~y_(y-'o- Citt't\-ttorney Date ===================================================================================:::::::::::::===== (To be completed after destruction has been performed -return signed form to City Clerk's office) I HEREBY CERTIFY that the items listed on the attachment have been destroyed in accordance with City policies and procedures: PW-IMPRV-D-001, PW-IMPRV-D-002, PW-LD-D-008, PW-LD- D-009, PW-LD-D-010, PW-ROADS-D-001 Employee Performing Destruction Date 109 Resolution authorizing destruction: 15- Number to be used for microfiche card 92,054.20 92,068.00 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-IMPRV-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Blackberry Farm Golf Course -2000-2003 F CW-009, 2 yrs D Property Line Portal & Wilson Park Improvements 2003 F PW-010, Comp. D (Project Administration) + 10 yrs Page 1of1 110 Resolution authorizing destruction: 15- Number to be used for microfiche card 92,053.02 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-IMPRV-D-002 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Cupertino Sports Center, Remodel 2004F PW-010; D (2001) Comp+ 10 yrs (Project Administration) Page 1of1 111 Resolution authorizing destruction: 15- Number to be used for microfiche card 51,000.00 52,174 52,186 52,191 52,193 52,194 52,195 52,202 52,205 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-008 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Miscellaneous Developments 1998-2006 F CW-009, 2 yrs D (Correspondence) Diehl, Don/Alma-22751 Mercedes 2001 F PW-024, Comp.+ D (Project Administration) 10 yrs Hwu, Sui -20569 Blossom Lane 1999 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Lin & Lee, 21925 Almaden Ave (Project 2000 F PW-024, Comp.+ D Administration) 10 yrs Chen, Chung Son-21880 Alcazar Ave 1999-2002 F PW-024, Comp. + D (Project Administration) 10 yrs Wei Chiung Yin-10120 Camino Vista 1999 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Kang, Martha, 10334 Mira Vista (Project 1999 F PW-024, Comp.+ D Administration 10 yrs Dhesikan Rajgopalan, 10310 Calvert 1999F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Barrett, Lura-20011 Pacifica 1999 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Page 1of4 112 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,206 52,213 52,217 52,222 52,223 52,224 52,225 52,227 52,228 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-008 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Price, Barbara -18671 Starrett Ct 1999 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Greco, Daniel-22303 Regnart Rd 1999 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Bertrand, Michael/Cynthia -10490 Mira 2005 F CW-0_09, 2 yrs D Vista (Correspondence) Lee, Garrick -18871 Arata Way (Project 2001 F PW-024, Comp.+ D Administration) 10 yrs Martinez, Richard-18760 Arata Way 2005 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007 Coburn, Franklin -10300 Sterling Blvd 2000F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Perng, Yuen-Chen, 19327 Calle De 2002 F PW-024, Comp. + D Barcelona (Project Administration) 10 yrs Luo, Zhi Cong -18650 Medicus Ct. 1999 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Lo, Angeline -10362 S. Tantau 2008 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Page2 of4 113 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,229 52,233 52,237 52,239 52,248 52,252 52,254 52,260 52,262 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-008 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning ~ Name Subject Address Date Ranges Other Type information Lo, Angeline-10630 Tuggle (Cash 2008 F CW-007, 1 yr D Receipt, Correspondence) CW-009, 2 yrs Ghazvini, Hamid -10061 Pasadena 2000F CW-009, 2 yrs D (Correspondence) Webcor Builders, 20330 Stevens Creek 2000F CW-009, 2 yrs D (Correspondence) Hoang, Peter-7826 Festival (Project 2000F PW-024, Comp.+ D Administration) 10 yrs Wang, Roger-11631 Upland Way 2003 F CW-009, 2 yrs D (Correspondence) Fluker, Derek, San Juan Rd 2001 F CW-009, 2 yrs D (Correspondence) Cypress Hotel (Project Administration) 2001 F PW-024, Comp. + D 10 yrs Brown, Terry -10146 Carmen Rd 2000F PW-024, Comp.+ D (Project Administration) 10 yrs Kang, Martha -10175 Orange (Project 2003 F PW-024, Comp. + D Administration) 10 yrs Page 3of4 114 Resolution authorizing destruction: 15- Number to be used for microfiche card· 52,263 52,266 52,286 51,045.43 51,045.44 51,045.42 . RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-008 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Murthy, Prathima-21470 Vai (Project 2003 F PW-024, Comp.+ D Administration) 10 yrs Kapul, Mike-11477 Lindy PL (Project 2003 F PW-024, Comp.+ D Administration) 10 yrs Summerhill Project -Imperial/Lomita 2001 F PW-035, 5 yrs D (Traffic Study, Correspondence) CW-009, 2 yrs City Hall Conf. Room A&B Remodel 2002F PW-024, Comp.+ D (Project Administration) 10 yrs City Hall Lobby Remodel (Project 2002 F PW-024, Comp.+ D Administration) 10 yrs City Hall Conf. Room C Remodel (Project 2002 F PW-024, Comp.+ D Administration) 10 yrs Page 4of4 115 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,289 52,293 52,295 52,297 52,302 52,309 52,313 52,314 52,315 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Gignac, William -10255 Hillcrest 2003 F PW-024, Comp. + D (Project Administration) 10 yrs Gwozda, Barbara -10367 Bryne Ave 2006F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Canyon Heights Academy 2001 F CW-009, 2 yrs D (Correspondence, Traffic Counts) PW-041, 2 yrs Chi Wah Wei, Mercedes Road 2001 F CW-009, 2 yrs D (Correspondence) Gupta, Amar -El Cerrito Rd 2003 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr St. Joseph's Catholic Church -DeAnza 2001 F CW-009, 2 yrs D Blvd. (Correspondence, Cash Receipt) CW-007, 1 yr Chicago Pizza & Brewery (BJ's), 2002 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Bianchi, Peter (Correspondence) 2002F CW-009, 2 yrs D Uttarwar, Mohan-21620 Rainbow Dr 2002F CW-009, 2 yrs D (Correspondence) Page 1of8 116 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,318 52,319 52,322 52,323 52,325 52,330 52,331 52,338 52,339.01 52,339.02 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scarming ~ Name Subject Address Date Ranges Other Type information Tien, Mae-Ling 10931 Maxine Dr. 2002F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr San Jose Water Sterling Blvd. 2005 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Extended Stay America-10745 N. 2003 F CW-009, 2 yrs D DeAnza (Correspondence) Nite, Arnold-12584 Madrid 2005 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Roohparvar, Terri -22003 Rae Ln 2002 F CW-009, 2 yrs D (Correspondence) Bottegas, 20775 Stevens Creek 2002 F CW-009, 2 yrs D (Correspondence) Levy, Amnon -11387 Lindy PL 2002 F CW-009, 2 yrs D (Correspondence) Stevens Creek Office Center, 20813-2002 F CW-009, 2 yrs D 20883 Stevens Creek (Correspondence) Civic Center Phase II (Correspondence) 2004F CW-009, 2 yrs D Civic Center Phase III (Correspondence) 2004F CW-009, 2 yrs D Page 2of8 117 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,339.05 52,343 52,348 52,349 52,350 52,353 52,356 52,357 52,358 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Civic Center Phase IV (Correspondence) 2005 F CW-009, 2 yrs D Liu, Chao-Yue-21831 San Fernando 2005 F CW-009, 2 yrs D Ave (Correspondence) Fochtman, 22630 San Juan Rd 2004F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Sohriakoff, John (Pickler)-10133 2005 F CW-007, 1 yr D Camino Vista Dr. (Correspondence, Cash CW-002, 2 yrs Receipt) Gilley, Michael -10440 Serra St. 2003 F CW-007, l yr D (Correspondence, Cash Receipt) CW-002, 2 yrs Hoo, Kenneth-10121 Phar Lap Dr. 2003 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Rutter, Gillian & Gerrard -10280 Phar 2003 F CW-009, 2 yrs D Lap (Correspondence) Smith, Steven -10221 Hillcrest 2003 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yr Lee, Dennis -10588 Santa Lucia 2003 F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yr Page 3of8 118 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,359 52,368 52,369 52,374 52,377 52,379 52,381 52,382 52,383 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Hodges, Mark & Mary (Correspondence) 2004F CW-009, 2 yrs D Maffai, Ray -10110 Santa Clara Ave 2006 F CW-009, 2 yrs D (Correspondence) Haraguchi, Leslie-10104 Byrne Ave 2003 F CW-009, 2 yrs D (Correspondence) Lee, Benjamin -22560 Ricardo Rd 2004F CW-009, 2 yrs D (Correspondence) LeBeaulieu Housing, 10092 Bianchi Way 2003 F CW-009, 2 yrs D (Correspondence) Lam, Fred -10690 Cordova Rd 1984 F CW-009, 2 yrs D (Correspondence) Chen Residence, 21140 Grenola Dr. (Cash 2005 F CW-007, 1 yr D Receipt, Correspondence) CW-009, 2 yrs Alexander's Steak House, 10330 N. Wolfe 2004F CW-009, 2 yrs D ( Corespondence) Chen, James-21811 San Fernando Ave 2004F CW-009, 2 yrs D (Correspondence) Page 4of8 119 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,387 52,388.02 52,388.03 52,388.04 52,388.08 52,398.00 52,399.00 52,403 52,404 52,408 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Mizahi, Moti -10725 Santa Lucia Rd 2005 F CW-009, 2 yrs D (Correspondence) Vallco Hotel (Correspondence) 2005 F CW-009, 2 yrs D Vallco Road Realignment 2006F CW-009, 2 yrs D (Correspondence) California Pizza Kitchen 2006F CW-009, 2 yrs D (Correspondence) Vallco Sewer Main (Correspondence) 2007F CW-009, 2 yrs D Lee, Belinda -21089 Greenleaf Dr 2005 F CW-009, 2 yrs D (Correspondence) Heman, Pete -10080 Phar Lap Dr 2004F CW-007, 1 yr D (Correspondence, Cash Receipt) CW-009, 2 yrs Chang, Kenneth -21724 Regnart Ct 2004F CW-009, 2 yrs D (Correspondence) Otsuka, Koji -21972 McClellan Rd 2004F CW-009, 2 yrs D (Correspondence) Gera, George -10550 DeAnza Blvd 2004F CW-009, 2 yrs D (Correspondence) Page 5of8 120 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,410 52,415 52,418 52,424 52,427 52,431 52,433 52,434 52,453 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Li, James -10440 S. Blaney 2005 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 2 yrs Padmanaban, 20883 Elenda Dr 2006 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Bungalow Courts, Bubb Rd/Imperial 2004F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Ko, AndrewNeon Sook-10110 Lebanon 2006 F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Calabazas Toll Brothers (Correspondence) 2006 F CW-009, 2 yrs D Pruneridge Park, Pruneridge Ave 2006F CW-009, 2 yrs D (Correspondence, Cash Receipt)-Project CW-007, 1 yr Withdrawn Perng, Dave -1426 S. DeAnza 2005 F CW-009, 2 yrs D (Correspondence) Rico Residence, 22620 San Juan Rd 2005 F CW-009, 2 yrs D (Correspondence) Tiang Residence, 10067 Bianchi 2008 F CW-009, 2 yrs D (Correspondence) Page 6of8 121 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,443 52,445 52,446 52,448.00 52,454 52,466 52,468 52,480 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Gangadharan & Smitha Anand, 10220 2006F CW-009, 2 yrs D Lebanon (Correspondence, Cash Receipt) CW-007, 1 yr Feng, Dick -10584 Flora Vista 2006F CW-009, 2 yrs D (Correspondence, Cash Receipt) CW-007, 1 yr Catholic Cemeteries of Diocese of S~ 2006F CW-007, 1 yr D Jose, 23555 Cristo Rey (Cash Receipt) Jauch, Patricia-10760 S. Stelling 2006F CW-009, 2 yrs D (Correspondence, Cash Receipt)-Project CW-007, 1 yr Withdrawn Public Storage/Tim Reeves, 20565 Valley 2006 F CW-009, 2 yrs D Green Dr. (Correspondence) Mendelson, Moshe-21943 Lindy Ln 2007F CW-009, 2 yrs D (Correspondence) Bateh, George -22690 Stevens Creek 2006 F CW-009, 2 yrs D (Correspondence) Misami, Farideh/Mohajer, Ali-19411 2007 F CW-009, 2 yrs D Calle De Barcelona (Correspondence, CW-007, 1 yr Cash Receipt) Page 7of8 122 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,521 51,045.48 51,045.41 51,045.52 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-009 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Wayne Perry Inc., 20999 Stevens Creek 2008 F CW-007, 1 yr D (Cash Receipt) City Hall Parking Lot, Rubble Strip Speed 2006 F CW-009, 2 yrs D Bumps (Correspondence) City Hall Underground Fuel Tank 2001 F PW-024, Comp. + D Replacement (Project Administration) 10 yrs Code Enforcement Relocation 2003 F CW-009, 2 yrs D (Correspondence) Page 8of8 123 Resolution authorizing destruction: 15- Number to be used for microfiche card 52,321.00 52,328.00 52,351.00 52,372.00 52,435.00 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-LD-D-010 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Yang, Alice Bee-Choo -10660 Santa Lucia Rd. 2004F PW-024, Comp. D (Project Administration) + 10 yrs GB Estate Homes (Formerly Debcor) PW-024, Comp. D 10690 S. Stelling Road, 10695 & 10705 Orline Ct. 2004F + 10 yrs (Project Administration) The Forum -Rancho San Antonio PW-024, Comp. D 2004F (Project Administration) + 10 yrs Jiang, Joseph-10551 Santa Lucia Road 2004F PW-024, Comp. D (Project Administration) + 10 yrs Schultz Residence -22646 San Juan Road PW-024, Comp. D 2004F (Project Administration) + 10 yrs Page 1of1 124 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,000A 98,000.05 98,001.20 98,001.50 98,001.11 98,001.12 98,002 98,003 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning ~ Name Subject Address Date Ranges Other Type information State Highway 280 Sound Walls 1993 M CW-009, 2 yrs D (Correspondence, Regulatory Agency PW-013, 10 yrs Correspondence) Noise Im.pact Study -State of California 1992M CW-025, 10 yrs D Hwy 85 -St. Joseph's Church 1970M CW-009, 2 yrs D (Correspondence) DeAnza Blvd. (Correspondence) 1979M CW-009, 2 yrs D DeAnza Widening West side Stevens PW-024, Comp.+ D Creek to Bollinger (Project 1988 M 10 yrs Administration) DeAnza/Homestead Improvement -1991 -1994 M CW-009, 2 yrs D Collishaw (Correspondence, Project PW-024, Comp. + Administration) 10 yrs Foothill Expressway (Correspondence) 1969M CW-009, 2 yrs D State Hwy 85 (Correspondence) 1982M CW-009, 2 yrs D Page 1 of 9 125 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,003.01 98,003.04 98,003.06 98,003.07 98,003.08 98,003.10 98,003.11 98,004.01 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning ~ Name Subject Address Date Ranges Other Type information Dept of Transportation Construction Costs 1979M PW-013, 10 yrs D (Regulatory Agency Correspondence) Eliminate Roadside Obstacles (Regulatory 1976M PW-013, 10 yrs D Agency Correspondence) Safer Roads Demonstration 1977M CW-009, 2 yrs D (Correspondence) Traffic Control Signalization 1977M CW-009, 2 yrs D Demonstration (Correspondence; PW-013, 10 yrs Regulatory Agency Correspondence) Safer Off System Roads (Correspondence, 1978M CW-009, 2 yrs D Regulatory Agency Correspondence) PW-013, 10 yrs Safer Roads Program Demonstration 1977M PW-013, 10 yrs D (Regulatory Agency Correspondence) Convert Mercury Vapor to High Pressure 1985 M CW-009, 2 yrs D Sodium (Correspondence) Urban Extension 100 -Stevens Creek to 1965 M CW-009, 2 yrs D 85 (Correspondence, Regulatory Agency PW-013, 10 yrs Correspondence) Page 2 of9 126 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,005.00 98,005.01 98,005.02 98,005.03 98,005.06 98,005.08 98,005.11 98,005.14 98,005.16 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Micro:film S=Scanning Name Subject Address Date Ranges Other Type information Stevens Creek Blvd. (Correspondence) 1977M CW-009, 2 yrs D Stevens Creek Blvd. Median -Hwy 85 to 1976M CW-009, 2 yrs D Stelling (Correspondence) Stevens Creek Traffic Signals 1973 M CW-009, 2 yrs D (Correspondence) Stevens Creek Beautification 1971 M CW-009, 2 yrs D (Correspondence) Stevens Creek Signalization & Island 1970M CW-009, 2 yrs D Modification Saich (Traffic Counts, PW-041, 2 yrs Correspondence) Stevens Creek Widening @ Railroad -1982M PW-024, Comp. + D O'Grady (Project Administration) 10 yrs Stevens Creek Widening Carmen/Scenic 1985-1988 M PW-024, Comp.+ D (Project Administration) 10 yrs Stevens Creek/Tantau Project 86-09 1987M CW-009, 2 yrs D (Correspondence) Stevens Creek/Orange/Phar Lap/Raisch, 1986M CW-009, 2 yrs D Project 4022 (Correspondence) Page 3 of9 127 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,006.4 98,010 98,016.3 98,016.4 98,017.00 98,019.01 98,019.04 98,020.00 98,020.01 98,022.00 98,023.00 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - Name Subject Address Date Ranges Other Type information Mary Avenue Widening (Correspondence) 1987M CW-009, 2 yrs D County Expressways (Correspondence) 1966M CW-009, 2 yrs D Stelling Rd Widening (Project 1986M PW-024, Comp. + D Administration) 10 yrs 10872 Stelling Rd/1083 0 Stelling Rd 1985 M PW-024, Comp. + D (Project Administration) 10 yrs Stevens Canyon Road Repairs 1975M CW-009, 2 yrs D (Correspondence, Traffic Counts) PW-041, 2 yrs Foothill Blvd. -Depression 1979M CW-009, 2 yrs D (Correspondence) Foothill Blvd. Overlay (Project 1988 M PW-024, Comp. + D Administration) 10 yrs Property at Blaney (Project 1971 M PW-010, Comp.+ D Administration, Property Apprasal) 10 yrs Equipment Rental (Correspondence) 1969M CW-009, 2 yrs D Rodrigues A venue (Correspondence) 1977M CW-009, 2 yrs D Mercedes, Madera, Cordova Roads 1971 M CW-009, 2 yrs D (Correspondence) Page 4 of9 128 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,024.00 98,026.00 98,026.03 98,027.01 98,027.04 98,027.05 98,030.00 98,031.00 98,035.01 98,039.00 98,040.00 98,400 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning ~ Name Subject Address Date Ranges Other Type information Rae Lane (Correspondence) 1973 M CW-009, 2 yrs D Regnart Road (Correspondence) 1978M CW-009, 2 yrs D Regnart Road Emergency Access 1987M CW-009, 2 yrs D (Correspondence) Miller A venue Median Modification 1978 M CW-009, 2 yrs D (Correspondence) Miller Ave Landscaping S. of SCB 1986M CW-009, 2 yrs D (Correspondence) Miller Ave At Richwood Left Tum Lane 1991 M CW-009, 2 yrs D Project 91-115 (Correspondence) 10830 S. Stelling Appraisal Report 1981 M PW-010, Comp.+ D (Project Administration) 10 yrs Torre Avenue (Correspondence) 1974M CW-009, 2 yrs D Mann Drive (Correspondence) 1993 M CW-009, 2 yrs D Torre A venue/Merritt Drive Street 1988 M CW-009, 2 yrs D Improvement (Correspondence) Merriman Road (Correspondence) 1988M CW-009, 2 yrs D Vellum (Correspondence) 1964M CW-009, 2 yrs D Page 5 of9 129 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,493.15 98,493.23 98,493.29 98,493.30 98,493.44 98,493.45 98,493.51 98,493.58 98,496 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org -------File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning ~ Name Subject Address Date Ranges Other Type information Slurry Seal Project 80-55-1982 1982M CW-009, 2 yrs D (Correspondence) Slurry Seal (Correspondence) 1986M CW-009, 2 yrs D Pavement Restoration -O'Grady Paving 1988 M PW-024, Comp. + D Project 88-107 (Project Administration) 10 yrs Minor Restoration 88-109 1988M CW-009, 2 yrs D (Correspondence) Slurry Seal Project 92-107 1992M CW-009, 2 yrs D (Correspondence) Slurry Seal Striping Project 93-104 1993 M PW-024, Comp. + D (Project Administration) 10 yrs Pavement Restoration Project 95-104 1995M PW-024, Comp. + D (Project Administration) 10 yrs Slurry Seal Project 94-105 1994 & 1998 M CW-009, 2 yrs D (Correspondence) Select Systems (Correspondence, 1965M CW-009, 2 yrs D Regulatory Agency Correspondence) PW-013, 10 yrs Page 6 of9 130 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,497 98,498 98,498.01 98,498.04 98,498.07 98,499 98,503 98,503.02 98,503.05 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper ·. destroyed: destroyed: destroyed: D=Destruction M=Microfilrn S=Scanning - Name Subject Address Date Ranges Other Type information Street Progress Needs (Correspondence, 1964M CW-009, 2 yrs D Regulatory Agency Correspondence) PW-013, 10 yrs Traffic -Santa Clara County 1966M CW-009, 2 yrs D (Correspondence, Regulatory Agency PW-013, 10 yrs Correspondence) Traffic Accident (Correspondence, 1964M CW-009, 2 yrs D Regulatory Agency Correspondence) PW-013, 10 yrs West Valley Freeway (Correspondence) 1967M CW-009, 2 yrs D Traffic Improvement Program 1969M CW-009, 2 yrs D (Correspondence) Road Mileage Report (Correspondence, 1964 & 1998 M CW-009, 2 yrs D Regulatory Agency Correspondence) PW-013, 10 yrs Metropolitan Transportation Commission 1997M CW-009, 2 yrs D (Correspondence) ABAG Corridor Future 85 1976 & 1979 M CW-009, 2 yrs D (Correspondence) Pavement Mgmt FY 1998-99 1999M CW-009, 2 yrs D (Correspondence) Page 7 of9 131 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,509 98,510 98,511 98,512 98,513 98,515 98,516 98,518 98,520 98,527 98,015.20 98,493.61 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Select System (Correspondence) 1976M CW-009, 2 yrs D Street Name Changes (Correspondence) 1975 & 1993 M ·cw-009, 2 yrs D Federal Highways (Transportation Study) 1980M PW-035, 5 yrs D PW-013, 10 yrs Light Rail Study (Transportation Study) 1976M PW-035, 5 yrs D Safer Off-Systems (Correspondence) 1982M CW-009, 2 yrs D STIP, Dept. of Transportation 1991 M CW-009, 2 yrs D (Correspondence) 2003 F Streets Miscellaneous (Correspondence) 1987 & 1995 M CW-009, 2 yrs D Bus Stop Improvement Project 87-107 1987M CW-009, 2 yrs D Street Improvement General 1988-1989 M CW-009, 2 yrs D (Correspondence) Handicap Ramp, 1080 Stelling 1991 M CW-009, 2 yrs D (Correspondence) Bollinger Rd at Calabazas Creek 1999 F CW-009, 2 yrs D (Correspondence) Pavement Restoration -O'Grady Paving 1999 F PW-010, Comp.+ D (Project Administration) 10 yrs Page 8 of9 132 Resolution authorizing destruction: 15- Number to be used for microfiche card 98,493.62 98,493.64 98,493.65 98,493.67 98,493.70 98,493.72 98,493.73 98,493.75 RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: PW-ROADS-D-001 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning Name Subject Address Date Ranges Other Type information Annual Overlay Project 99-108, Granite 2000 F PW-010, Comp.+ D Construction (Project Administration) 10 yrs Pavement Restoration (Project 2001 F PW-010, Comp.+ D Administration) 10 yrs Slurry Seal Project 2000-102 (Project 2000F PW-010, Comp.+ D Administration) 10 yrs Foothill/Stevens Creek Overlay (Project 2002 F PW-010, Comp.+ D Administration) 10 yrs Annual Overlay Project 2001-04 (Project 2002 F PW-010, Comp.+ D Administration) 10 yrs Pavement Restoration Project 2002-01 2004F PW-010, Comp.+ D (Project Administration) 10 yrs 2002 Annual Overlay Project 2002-04 2003 F PW-010, Comp.+ D (Project Administration) 10 yrs Pavement Restoration Project 2003-04 2004F PW-010, Comp.+ D (Project Administration) 10 yrs Page 9 of9 133 OFFICE OF THE CITY CLERK CITY HALL CUPERTINO 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 •FAX: (408) 777-3366 RECORDS DESTRUCTION AUTHORIZATION FORM The records listed on the attachment can be destroyed in accordance with the City's Records Retention Schedule. Please review the list and contact the City Clerk's office if you believe any of these records are of historical or administrative significance and should not be destroyed. Please also make sure none of the records are the subject of any claim, litigation, investigation, or audit. Please return signed form to the City Clerk's office. ================================================= DOCUMENTS HA VE BEEN REVIEWED AND APPROVED FOR DESTRUCTION 10-/6··/5 Department Head I Division Manager Date ~itWt-- City Clerk to/ii-Ir 5 - Date ~ ~. City Attorney . Date ~~==================================================== (To be completed after destruction has been performed -return signed form to City Clerk's office) I HEREBY CERTIFY that the items listed on the attachment have been destroyed in accordance with City policies and procedures: Quinlan 2015 Employee Performing Destruction Date 134 Resolution authorizing destruction: 15- Additional information RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Quinlan 2015 - Destroyed Scanned Microfilmed Date records Date: Date paper Date: Date paper destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning INmne r=ber ~Subject ~Address I Date Ranges IJYpe P&R-008 Park Rental Permits Quinlan Co=. Ctr Jan.-Dec. 2012 D 10185 N. Stelling Rd Cupertino, Ca 95014 P&R-008 Quinlan Community Quinlan Co=. Ctr Jan.-Dec. 2012 D Center 10185 N. Stelling Rd Rental Permits Cupertino, Ca 95014 P&R-008 Creekside Park Quinlan Co=. Ctr Jan.-Dec. 2012 D Rental Permits 10185 N. Stelling Rd Cupertino, Ca 95014 P&R-008 Monta Vista Quinlan Co=. Ctr Jan.-Dec. 2012 D Recreation Ctr. 10185 N. Stelling Rd Rental Permits Cupertino, Ca 95014 P&R-008 Community Hall Quinlan Co=. Ctr Jan.-Dec. 2012 D Rental Permits 10185 N. Stelling Rd Cupertino, Ca 95014 P&R-008 Teen Center Quinlan Co=. Ctr Jan.-Dec. 2012 D Rental Permits 10185 N. Stelling Rd Cupertino, Ca 95014 P&R-004 Drop-in Classes Quinlan Co=. Ctr Jan.-Dec. 2012 D 10185 N. Stelling Rd Cupertino, Ca 95014 I 135 Resolution authorizing destruction: 15- Additional information RECORDS INVENTORY FOR DESTRUCTION, MICROFILMING, OR SCANNING Email completed form to cityclerk@cupertino.org File name or Box number: Quinlan 2015 Destroyed Scanned Microfilmed Date records Date: Date paper Date: Datepap~r destroyed: destroyed: destroyed: D=Destruction M=Microfilm S=Scanning - INrune rumb~ II Subj~ II Adiliess I Date Ranges !Type CW-032 Leader in Training Quinlan Comm. Ctr Apr. -Aug. D Applications 10185 N. Stelling Rd 1998 -2011 CW-033 Cupeitino, Ca 95014 P&R-015 Teen Center 21111 Stevens Creek Jan. -May D Registration Forms Blvd. Cupeitino, Ca 95014 2003-2012 P&R-015 Ceramic Center Fee 10185 N. Stelling Rd Jan. -Dec. D Forms Cupertino, Ca 95014 2010 -2011 : I 136 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1195 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/26/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Authorize a new Chief Technology Officer/Director of Information Services position in the salary schedule for Unrepresented Employees’ Compensation Program and approve corresponding budget amendments totaling $148,750. Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B - Redlined Amended Unrepresented Employees Compensation Program C - CIO/Director of Information Technology Position Description Action ByDate Action ResultVer. City Council11/3/20151 Subject:AuthorizeanewChiefTechnologyOfficer/DirectorofInformationServicesposition inthesalaryscheduleforUnrepresentedEmployees’CompensationProgramandapprove corresponding budget amendments totaling $148,750. Staff recommends the City Council approve the following: 1.AdoptResolutionNo.15-099AmendingtheUnrepresentedEmployees’ Compensation Program and salary schedule. 2.ApproveanincreasetotheFY2015-16InformationTechnologyprogram budget of $61,875 (610-34-310). 3.ApproveanincreasetotheFY2015-16PublicAffairsprogrambudgetof $61,875 (100-30-300). 4.ApproveanincreasetotheFY2015-16HumanResourcesprogrambudgetof $25,000 (100-44-412). CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™137 S ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3227 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: November 3, 2015 Subject Authorize a new Chief Technology Officer/Director of Information Services position in the salary schedule for Unrepresented Employees’ Compensation Program and approve corresponding budget amendments totaling $148,750. Recommended Action Staff recommends the City Council approve the following: 1. Adopt the Draft Resolution Amending the Unrepresented Employees’ Compensation Program and salary schedule. 2. Approve an increase to the FY 2015-16 Information Technology program budget of $61,875 (610-34-310). 3. Approve an increase to the FY 2015-16 Public Affairs program budget of $61,875 (100-30-300). 4. Approve an increase to the FY 2015-16 Human Resources program budget of $25,000 (100-44-412). Description The City requests the addition of a Chief Technology Officer/Director of Information Services position to the Unrepresented Employees’ Compensation Program and salary schedule which sets forth all positions established for that group. Approval of corresponding budget amendments to support six months of salary and benefits as well as executive recruitment services is also requested. Discussion Periodically, the City Manager reviews the City’s organizational structure to ensure resources are in place for desired service levels, to identify areas of service enhancement, and to accommodate changing organizational needs. In February, the City retained NexLevel Information Technology to assist with an Information Technology Strategic Plan that would address project backlogs and service-level issues. The results of this assessment along with continuing project management issues have prompted the City Manager to review the need for executive-level leadership in the area of information services. The new Chief Technology Officer/Director of Information Services 138 classification would be a director-level position overseeing IT and Communications in addition to strategic planning related to information services City-wide. The City reviewed several Chief Technology Officer/Director of Information Services classifications throughout Santa Clara County and used the City of Palo Alto and Sunnyvale position descriptions as templates. Under the direction of the City Manager, this position would direct and manage City-wide information technology and communications systems and activities. This position would exercise independent judgment and discretion in developing and implementing strategic direction, and managing and controlling administrative functions for communications and information systems. It would provide leadership to the City Manager, City Council, and department heads in integrating and aligning technology with business plan objectives. This position would also plan, organize, direct and evaluate the operations of the IT and Communications divisions to ensure effective support for organizational objectives and efficient and effective implementation of initiatives. A salary survey was conduct to develop the salary range for this new classification using the City’s established comparison cities with consideration for internal alignment. Staff recommends contracting with an executive search firm for this highly technical executive-level recruitment. Given the time required for this recruitment, staff recommends funding this position for six months in FY 2014-15. ___________________________________ Fiscal Impact The total anticipated cost of this request in FY 2014-15 is $148,750 made up of six months of salary and benefit costs ($123,750) and executive recruitment services ($25,000). Annual salary and benefit costs of $247,500 would begin in fiscal year 2015-16. Prepared by: Jaqui Guzmán, Assistant to the City Manager Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution Amending the Unrepresented Employee Compensation Program B – Redlined Amended Unrepresented Employee Compensation Program C – Chief Technology Officer/Director of Information Services Position Description 139 1 RESOLUTION 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 14-209 REGARDING THE UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the City Attorney Employees’ Compensation Program to add a Chief Technology Officer/Director of Information Services. NOW, THEREFORE, BE IT RESOLVED that the unrepresented Compensation Program be amended which is incorporated in this resolution by this reference and included below. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 3rd day of November 2015 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________ _____________________ Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino 140 2 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 GIS Coordinator Accountant II Human Resources Assistant Accounting Technician I Human Resources Analyst I Accounting Technician II Human Resources Analyst II Administrative Assistant Human Resources Technician I Assistant City Attorney Human Resources Technician II Assistant City Manager Information Technology Assistant Assistant Director of Community Development Information Technology Manager Assistant Director of Public Works Human Resources Manager Assistant to the City Manager Legal Services Manager Building Official Management Analyst Capital Improvement Program Manager Network Specialist Chief Technology Officer/Director of Information Services Public Affairs Director City Clerk Public Works Projects Manager City Planner Public Works Supervisor 141 3 Community Relations Coordinator Recreation Supervisor Deputy City Clerk Economic Development Manager Director of Administrative Services Senior Accountant Director of Community Development Senior Civil Engineer Director of Recreation and Community Service Senior Recreation Supervisor Director of Public Works Senior Management Analyst Environmental Programs Manager Service Center Superintendent Executive Assistant to the City Manager Sustainability Manager Finance 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, 11/15 142 4 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, 7/13 143 5 City of Cupertino 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 below for each. II DEFINITIONS A. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual. B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40- mile distance from Cupertino when traveling to Alameda County. C. Meetings 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. 144 6 D. Training Session 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 apply whether the expense is being paid through a reimbursement or a direct advance. B. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. C. Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), 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 145 7 instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. Where the lodging is in connection with a conference or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non- conference lodging policy described in the next paragraph should be followed to find another comparable hotel. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement. E. Meals 1. With No Conference Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2. As Part of a Conference When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rules described in the meals with no conference paragraph. F. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Other reasonable expenses related to business purposes shall be paid consistent with this policy. 146 8 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. 147 9 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, 12/07,7/10 148 10 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 Parks and Recreation 300.00 Director of Public Works 300.00 Chief Technology Officer/ 300.00 Director of Information Services 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, 11/15 149 11 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 7/92 150 12 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 leave 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, 7/13 151 13 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, 7/13 152 14 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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 provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. 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, 7/13 153 15 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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, 6/92 154 16 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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, 7/99 155 17 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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. 156 18 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, 7/13 157 19 City of Cupertino 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, 10/12 158 20 City of Cupertino 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, 12/12 159 21 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 160 22 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, 7/13 161 23 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. 12-. Adopted by Action of the City Council July 7, 1997 Revised 7/99, 7/10, 8/12 162 24 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, 10/12 163 25 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades Effective July 1, 2013 (Res. No. 13-061) Amended 11/19/13 (Res. No. 13-099) Amended 12/17/13 (Res. No. 13-108) Amended 3/18/14 (Res. No. 14-130) Amended 11/3/14 (Res. No. 14-209) Amended 11/3/2015 (Res. No. 15- ) 164 26 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 $16,054 165 27 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 Senior Recreation Supervisor $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 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 $11,766 166 28 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 Senior Recreation Supervisor $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 Manager $9,586 $10,066 $10,569 $11,097 $11,652 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 Senior Recreation Supervisor $7,881 $8,275 $8,688 $9,123 $9,579 Sustainability Manager $8,008 $8,408 $8,829 $9,270 $9,734 167 29 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 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 $7,288 168 30 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 Development $9,829 $10,321 $10,837 $11,379 $11,948 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 $12,278 169 31 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 AMENDED November 3, 2015 Salary Effective November 3, 2015 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Chief Technology Officer/Director of Information Services $12,409 $13,063 $13,750 $14,438 $15,159 170 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 GIS Coordinator Accountant II Human Resources Assistant Accounting Technician I Human Resources Analyst I Accounting Technician II Human Resources Analyst II Administrative Assistant Human Resources Technician I Assistant City Attorney Human Resources Technician II Assistant City Manager Information Technology Assistant Assistant Director of Community Development Information Technology Manager Assistant Director of Public Works Human Resources Manager Assistant to the City Manager Legal Services Manager Building Official Management Analyst Capital Improvement Program Manager Network Specialist Chief Technology Officer/Director of Information Services Public Affairs Director City Clerk Public Works Projects Manager City Planner Public Works Supervisor 171 2 Community Relations Coordinator Recreation Supervisor Deputy City Clerk Economic Development Manager Director of Administrative Services Senior Accountant Director of Community Development Senior Civil Engineer Director of Recreation and Community Service Senior Recreation Supervisor Director of Public Works Senior Management Analyst Environmental Programs Manager Service Center Superintendent Executive Assistant to the City Manager Sustainability Manager Finance 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, 11/15 172 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, 7/13 173 4 City of Cupertino 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 below for each. II DEFINITIONS A. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual. B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40- mile distance from Cupertino when traveling to Alameda County. C. Meetings 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. 174 5 D. Training Session 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 apply whether the expense is being paid through a reimbursement or a direct advance. B. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. C. Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), 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 175 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 available at the time of booking. If the group rate at the conference hotel is not available, then the non- conference lodging policy described in the next paragraph should be followed to find another comparable hotel. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement. E. Meals 1. With No Conference Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2. As Part of a Conference When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rules described in the meals with no conference paragraph. F. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Other reasonable expenses related to business purposes shall be paid consistent with this policy. 176 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. 177 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, 12/07,7/10 178 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 Parks and Recreation 300.00 Director of Public Works 300.00 Chief Technology Officer/ 300.00 Director of Information Services 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, 11/15 179 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 7/92 180 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 leave 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, 7/13 181 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, 7/13 182 13 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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 provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. 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, 7/13 183 14 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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, 6/92 184 15 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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, 7/99 185 16 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM 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. 186 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, 7/13 187 18 City of Cupertino 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, 10/12 188 19 City of Cupertino 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, 12/12 189 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 190 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, 7/13 191 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. 12-. Adopted by Action of the City Council July 7, 1997 Revised 7/99, 7/10, 8/12 192 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, 10/12 193 24 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades Effective July 1, 2013 (Res. No. 13-061) Amended 11/19/13 (Res. No. 13-099) Amended 12/17/13 (Res. No. 13-108) Amended 3/18/14 (Res. No. 14-130) Amended 11/3/14 (Res. No. 14-209) Amended 11/3/2015 (Res. No. 15- ) 194 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 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE 195 26 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 Senior Recreation Supervisor $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 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 $11,705 196 27 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 Senior Recreation Supervisor $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 Manager $9,586 $10,066 $10,569 $11,097 $11,652 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 Senior Recreation Supervisor $7,881 $8,275 $8,688 $9,123 $9,579 Sustainability Manager $8,008 $8,408 $8,829 $9,270 $9,734 197 28 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 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 $7,246 198 29 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 Development $9,829 $10,321 $10,837 $11,379 $11,948 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 $12,278 199 30 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 AMENDED November 3, 2015 Salary Effective November 3, 2015 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Chief Technology Officer/Director of Information Services $12,409 $13,063 $13,750 $14,438 $15,159 200 City of Cupertino October 2015 Page 1 Chief Technology Officer/Director of Information Services DEFINITION Under the direction of the City Manager, directs and manages City-wide communications and information technology systems and activities. This is a Department Head position that exercises independent judgment and discretion in developing and implementing strategic direction, and managing and controlling administrative functions for communications and information systems. Provides leadership to the City Manager, City Council, and Department Heads in integrating and aligning technology with business plan objectives. Plans, organizes, directs and evaluates the Communications Division and Information Technology Division operations to ensure effective support for organizational objectives and efficient and effective implementation of initiatives. SUPERVISION RECEIVED AND EXERCISED Receives direction from the City Manager. Directly supervises division managers and exercises indirect supervision over all department employees. EXAMPLES OF DUTIES Essential and other important responsibilities and duties may include, but are not limited to, the following:  Positions the City to effectively respond to the rapidly changing technological environment by providing leadership to integrate and align technology with operating objectives, City initiatives, and policy; makes necessary recommendations through oral and written reports.  Directs priorities, work program, people, and resources allocation within the Information Services Department including hiring staff, staff development, training, terminations, and performance appraisals.  Serves as a member of leadership team, and addresses City-wide policy, management and strategic issues, including information security and other Cyber risks.  Collaborates with the staff throughout the City to understand their business processes, challenges, and needs and to identify technology which can aid them in achieiving their mission.  Directs and manages interdepartmental technology governance, planning and coordination activities to accomplish specific City-wide objectives.  Provides project management leadership, which includes: collecting and analyzing business requirements; proposing solutions and alternatives; defining application development scopes of work and tasks; project budget 201 City of Cupertino October 2015 Page 2 creation and tracking, assessing user needs; identifying appropriate tools to meet user needs; interviewing internal customers; preparing bid specifications; evaluating bids; coordinating activities with external vendors and internal customers; and/or, performing other related activities.  Provides direct oversight and direction on mission critical City-wide technology initiatives.  Negotiates and reviews complex proposals and contracts for purchase of related products and services and develops partnership agreements.  Formulates, recommends and administers policies and procedures governing the operation of IT and Communications divisions. Establishes long-range goals and implementation plans.  Oversees automated systems within the City, including prioritizing requests for applications development or enhancement, hardware and software standards, equipment acquisition and replacement.  Responsible for planning, preparing and administering department budget, including operating and capital budgets.  Responsible for the future direction of department, ensuring the coordination of division efforts with the needs of the organization. MINIMUM QUALIFICATIONS Sufficient education, training and/or work experience to demonstrate possession of the following knowledge and skills, which would typically be acquired through: Bachelor’s Degree from an accredited four-year college or university is required, preferably in computer science, information technology, business management, information systems, or a related field. Requires six or more years of progressively increasing levels of management responsibility and experience in information management systems, local area computer networks, video, data telecommunication systems, Internet and intranet systems, communications, strategic planning and project management. Requires at least three years of experience in a management capacity directly supervising technical and professional staff. Requires experience in managing large and complex budgets in a sophisticated and collaborative business environment. Or any equivalent combination of education, experience and training that provides the required knowledge, skills, and abilities. Knowledge of: • Information and telecommunications technology, communications, current and emerging trends. • Strategic planning, systems and project management. • Business process improvements 202 City of Cupertino October 2015 Page 3 Ability to: • Facilitate teams and lead decision-making processes in a collaborative environment. • Manage complex budgets. • Manage and supervise personnel and interdepartmental technology committees and work programs. • Negotiate and assess complex proposals and contracts. • Communicate well and make effective public presentations. • Understand the City's political environment and sensitivities; ability to function effectively within that environment. License or Certificate: Possession of, or ability to obtain, a valid California d river’s license. Approved: ________ Established: 10/2015 203 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0980 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/21/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: 2015 Concrete Improvements Project, Project No. 2016-14 Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Contract Action ByDate Action ResultVer. City Council11/3/20151 Subject:2015 Concrete Improvements Project, Project No. 2016-14 AuthorizetheCityManagertoawardandexecuteacontractwithJJRConstruction,Inc.,inthe amountof$1,396,245andapproveaconstructioncontingencyof$139,000,foratotalof $1,535,245 CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™204 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: November 3, 2015 Subject 2015 Concrete Improvements Project, Project No. 2016-14 Recommended Action Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $1,396,245 and approve a construction contingency of $139,000, for a total of $1,535,245. Discussion On October 27, 2015, the City received two bids for the 2016 Concrete Improvements Project. The concrete improvements to be completed by this project support the annual paving projects by providing on-street accessibility improvements, repairing uplifted sidewalks, and resolving gutter drainage issues on streets scheduled for asphalt improvements. Additionally, this project will perform other concrete repairs at various locations throughout the City. The following is a summary of bids deemed complete: Bidder Bid Amount Engineers Estimate $1.7M JJR Construction, Inc. $1,396,245* Spencon Construction, Inc. $1,589,025 *Due to contractor mathematical error of <$32,600>, bid amount revised down from $1,428,845 to $1,396,245. Each week of favorable weather is critical to meet the overall construction schedule. Depending on weather, this project will start as early as this month. Sustainability Impact No sustainability impact. 205 2 Fiscal Impact Award of the project will result in a fiscal impact of up to $1,535,245. Sufficient funds have been budgeted and are available from account #270-85-821-900-990 (Street 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 206 DOCUMENT 00520 CONTRACT THIS CONTRACT, dated this ___ day of , 2015, 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 _____, 2015 awarded to Contractor the following Project: PROJECT NUMBER 2016-14 2015 Concrete Improvements 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 of Public Works, 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 shall 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 110 working days as provided in Document 00700 (General Provisions) 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City 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 207 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 $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. 3.2.2 $75 per Calendar Day per location for failure to replace concrete within the same calendar week. 3.2.3 $75 per Calendar Day per location for failure to replace asphalt to finish grade within 30 calendar days. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from 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 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 reports 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. 208 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 Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications 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 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). 209 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 instance 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 understood 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 goods, 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 worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, 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 require 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 the 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 is 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 venue. 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. 210 IN WITNESS WHEREOF the parties have executed this Contract in triplicate the day and year first above written. 2015 CONCRETE IMPROVEMENTS 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 of the City of 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 of Public Works Title: Address: 10300 Torre Ave., Cupertino, CA 95014 Address: Phone: 408-777-3269 Phone: Facsimile: 408-777-3354 Facsimile: AMOUNT: $1,396,245 ACCOUNT NUMBER: 270-85-821-900-990 ACCOUNT NUMBER: 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 211 END OF DOCUMENT 212 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-1010 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:8/3/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Construction Project Updates Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject: Construction Project Updates Receive updates CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™213 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:115-0744 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:2/24/2015 City Council On agenda:Final action:11/3/2015 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council11/3/20151 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 10/28/2015Page 1 of 1 powered by Legistar™214