10-04-16 Searchable packetCITY OF CUPERTINO
AGENDA
Tuesday, October 4, 2016
10300 Torre Avenue and 10350 Torre Avenue
CITY COUNCIL
6:00 PM
Non-televised Closed Session (6:00); Followed by Televised Regular Meeting (6:45)
CLOSED SESSION - 6:00 PM
10300 Torre Avenue, City Hall Conference Room A
1.Subject: Public Employee Performance Evaluation (Gov't Code Section 54957).
Title: City Manager; Appointed Employees Compensation Program
PLEDGE OF ALLEGIANCE - 6:45 PM
10350 Torre Avenue, Community Hall Council Chamber
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
POSTPONEMENTS
2.Subject: Continue Item No. 15 Municipal Code Amendment to amend Chapter
8.07, Beekeeping, regarding the regulation, location, and the keeping of bees in
the City; Application No(s): MCA-2016-03; Applicant(s): City of Cupertino;
Location: Citywide to November 15. This item will be re-noticed.
Recommended Action: Continue Item No. 15 Municipal Code Amendment to
amend Chapter 8.07, Beekeeping, regarding the regulation, location, and the keeping
of bees in the City; Application No(s): MCA-2016-03; Applicant(s): City of
Cupertino; Location: Citywide to November 15. This item will be re-noticed.
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
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October 4, 2016City Council AGENDA
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.
3.Subject: Approve the September 20 City Council minutes
Recommended Action: Approve the September 20 City Council minutes
A - Draft Minutes
4.Subject: Cancel the January 3, 2017 City Council meeting
Recommended Action: Cancel the January 3, 2017 City Council meeting
A - Staff Report
5.Subject: Adoption of the 2016 Economic Development Strategic Plan - a policy
document intended to guide the City’s economic development activities over the
next three to five years.
Recommended Action: Adopt Resolution No. 16-103, “A Resolution of the City
Council of the City of Cupertino adopting the 2016 Economic Development
Strategic Plan (EDSP) in order to guide the City’s Economic Development
activities.”
Staff Report
A - Draft Resolution
B - Memo from Strategic Economics dated Sept. 13, 2016
6.Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of
employment for the Cupertino City Employees’ Association (CEA)
Recommended Action: 1) Authorize staff to amend the Memorandum of
Understanding (MOU) for the Cupertino City Employees’ Association (CEA) based
on the attached tentative agreements.
2) Authorize staff to make the necessary budget adjustments to ensure that there are
sufficient budget appropriations to cover the costs associated with the negotiated
contract.
Staff Report
A - Section 2: Salary Schedule
B - Section 5: Agency Shop
C - Section 7: Pension
D - Section 8: Insurance Coverage
E - Section 11: Vacation
F - Section 21: Education Reimbursement
G - Section 30: Reopener
H - Section 31: Term
I - Section TBD: Opening Statement
J - Section TBD: Total Comp Element
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October 4, 2016City Council AGENDA
7.Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of
employment for the Unrepresented (Management and Confidential) Employees’
Compensation Program.
Recommended Action: 1) Adopt Resolution No. 16-104 amending the July 1, 2016
through June 30, 2019 terms and conditions of employment for the Unrepresented
(Management and Confidential) Employees’ Compensation Program.
2) Authorize staff to make the necessary budget adjustments to ensure that there are
sufficient budget appropriations to cover the costs associated with the agreement
Staff Report
A - Draft Resolution
B - Redlined Unrepresented Compensation Program
C - Clean Unrepresented Compensation Program
8.Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of
employment for the Operating Engineers Local Union No. 3, AFL-CIO (OE3)
Recommended Action: 1) Authorize staff to amend the Memorandum of
Understanding (MOU) for the Operating Engineers Local Union No. 3, AFL-CIO
(OE3).
2) Authorize staff to make the necessary budget adjustments to ensure that there are
sufficient budget appropriations to cover the costs associated with the negotiated
contract.
Staff Report
A - Section 2: Union Recognition
B - Section 10: Compensation for Services
C - Section 11: Pension
D - Section 12: Health Benefits
E - Section 14: Paid Absences
F - Section 15: Sick Leave Conversion
G - Section 18: Training and Tuition Reimbursement
H - Section 24: Grievance Procedure
I - Section 29: Term
J - New Section: Health Deduction
9.Subject: Eighth Amendment to the Agreement between Santa Clara County and
the City of Cupertino for Abatement of Weeds
Recommended Action: Adopt Resolution No. 16-105 authorizing the City Manager
to execute the Eighth Amendment to the Agreement between Santa Clara County and
the City of Cupertino for Abatement of Weeds
Staff Report
A - Draft Resolution
B - Draft Agreeemnt
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October 4, 2016City Council AGENDA
10.Subject: 2015 Contractual Crossing Guard Services - Project No. 2015-25,
contract amendment
Recommended Action: Staff recommends Council authorize the City Manager to
negotiate and execute an amendment (Attachment A) to the current crossing guard
services contract to provide for contractor compensation of $18.64/hr for the 2016/17
school year and $20.61/hr for 2017/18 school year, if the City’s Minimum Wage
Ordinance is adopted
Staff Report
A - Draft Amendment
B - ACMS Additional Compensation Request Letter dated September 12, 2016
SECOND READING OF ORDINANCES
11.Subject: Second Reading of an Ordinance of the City Council of the City of
Cupertino Amending Title 1, Chapter 1.10, to add Section 1.10.055, “Recording
Notice of Violations”; amending Title 19, Chapter 19.08, Section 19.08.030
“Definitions”, amending Chapter 19.12 Section 19.12.080 “Application Process”
and Section 19.12.180 “Expiration, Extension and Revocation”, amending
Chapter 19.28 Section 19.28.120, “Landscape Requirements”, amending Chapter
19.32 Section 19.32.010 “Purpose”, repealing and replacing Chapter 19.56,
“Density Bonus”, and amending Chapter 19.104 to add Section 19.104.205,
“Message Substitution”; related to permits, procedures, and requirements of the
code to conform to law, ensure internal consistency, and provide clarification.
Application No(s): MCA-2016-01; Applicant(s): City of Cupertino; Location:
citywide
Recommended Action: Conduct the second reading of Ordinance No. 16-2149 “An
ordinance of the City Council of the City of Cupertino amending Title 1, Chapter
1.10, to add Section 1.10.055, “Recording Notice of Violations”; amending Title 19,
Chapter 19.08, Section 19.08.030 “Definitions”, amending Chapter 19.12 Section
19.12.080 “Application Process” and Section 19.12.180 “Expiration, Extension and
Revocation”, amending Chapter 19.28 Section 19.28.120, “Landscape
Requirements”, amending Chapter 19.32 Section 19.32.010 “Purpose”, repealing and
replacing Chapter 19.56, “Density Bonus”, and amending Chapter 19.104 to add
Section 19.104.205, “Message Substitution”; related to permits, procedures, and
requirements of the code to conform to law, ensure internal consistency, and provide
clarification
Staff Report
A - Draft Ordinance
B - Redline Versions
12.Subject: Second Reading of an Ordinance of the City Council of the City of
Cupertino regarding legal non-conforming single-family garages, and standards
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October 4, 2016City Council AGENDA
for bicycle parking and facilities. Application No(s).: MCA-2016-02;
Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the second reading of Ordinance No. 16-2150 “An
ordinance of the City Council of the City of Cupertino amending Title 19, Chapter
19.124 Section 19.124.030 “Regulations for Parking and Keeping Vehicles in
Various Zones” and Section 19.124.040 “Regulations for Off-Street Parking”,
regarding legal non-conforming single-family garages, and making standards for
bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle
Transportation Plan
Staff Report
A - Draft Ordinance
B - Redlined Chapter 19 124
13.Subject: Second reading of Ordinance No. 16-2151 establishing a citywide
minimum wage.
Recommended Action: Conduct the second reading and enact Ordinance No.
16-2151: "An Ordinance of the City Council of the City of Cupertino to add Chapter
3.37 (Minimum Wage Ordinance) to Title 3 (Revenue and Finance) of the Cupertino
Municipal Code to establish a citywide minimum wage"
Staff Report
A - Draft Ordinance
B - Redlined Draft Ordinance
PUBLIC HEARINGS
14.Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to
Purchase Below Market Rate (BMR) Unit (Continued from September 6)
Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms.
Kimberly Sandstrom and affirming the recommendation of the Housing Commission
regarding the eligibility of Ms. Sandstrom to purchase a BMR unit
Staff Report
A- Summary of Conflict of Interest Investigation
B- Draft Resolution
C- Housing Commission Resolution 16-06
D- Excerpts from BMR Manual Regarding Income Calculation
E- Referenced Regluations (24 CFR 5.609(b) and (c)
F- Technical Guide for Determining Income
G- Attachments and Other Documents Provided by Appellant
H - Sandstrom presentation
15.Subject: Municipal Code Amendment to amend Chapter 8.07, Beekeeping,
regarding the regulation, location, and the keeping of bees in the City.
Application No(s): MCA-2016-03; Applicant(s): City of Cupertino; Location:
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October 4, 2016City Council AGENDA
Citywide has been continued to November 15 and will be re-noticed.
Recommended Action: Conduct the first reading of the draft ordinance: "An
ordinance of the City Council of the City of Cupertino amending section 8.07 of the
Cupertino Municipal Code relating to Beekeeping has been continued to November
15 and will be re-noticed.
ORDINANCES AND ACTION ITEMS
16.Subject: Establishment of a Friendship City Relationship
Recommended Action: Review and consider an application establishing a
Friendship City relationship with Taichung, Taiwan, Republic of China
Staff Report
A - Taichung Friendship City Application
REPORTS BY COUNCIL AND STAFF
17.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
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October 4, 2016City 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.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2008 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:9/27/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Manager;
Appointed Employees Compensation Program
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:PublicEmployeePerformanceEvaluation(Gov'tCodeSection54957).Title:City
Manager; Appointed Employees Compensation Program
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1999 Name:
Status:Type:Postponements Agenda Ready
File created:In control:9/26/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Continue Item No. 15 Municipal Code Amendment to amend Chapter 8.07, Beekeeping,
regarding the regulation, location, and the keeping of bees in the City; Application No(s): MCA-2016-
03; Applicant(s): City of Cupertino; Location: Citywide to November 15. This item will be re-noticed.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:ContinueItemNo.15MunicipalCodeAmendmenttoamendChapter8.07,
Beekeeping,regardingtheregulation,location,andthekeepingofbeesintheCity;Application
No(s):MCA-2016-03;Applicant(s):CityofCupertino;Location:CitywidetoNovember15.
This item will be re-noticed.
ContinueItemNo.15MunicipalCodeAmendmenttoamendChapter8.07,Beekeeping,
regardingtheregulation,location,andthekeepingofbeesintheCity;ApplicationNo(s):MCA
-2016-03;Applicant(s):CityofCupertino;Location:CitywidetoNovember15.Thisitemwill
be re-noticed.
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1330 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:1/7/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Approve the September 20 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council10/4/20161
Subject: Approve the September 20 City Council minutes
Approve the September 20 City Council minutes
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, September 20, 2016
SPECIAL CITY COUNCIL MEETING
ROLL CALL
At 4:00 p.m. Mayor Barry Chang called the Special City Council meeting to order in
Cupertino City Hall Conference Room A, 10300 Torre Avenue.
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
COMMISSIONS INTERVIEWS
1. Subject: Interview applicants to fill one unscheduled vacancy on the Public Safety
Commission
Recommended Action: Conduct interviews and appoint one person to serve a partial
term ending January 30, 2018 on the Public Safety Commission After concluding the
interviews, Council went into closed session and convened in open session at 6:45 p.m.
in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue.
Council conducted interviews and appointed Hymanand Nellore to fill the
unscheduled vacancy with term ending January 30, 2018.
CLOSED SESSION
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
- Two Cases
Mayor Chang announced that on both cases Council gave direction.
3. 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
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Mayor Chang announced that Council gave direction.
ADJOURNMENT
REGULAR CITY COUNCIL MEETING
PLEDGE OF ALLEGIANCE
At 6:50 p.m. Mayor Barry Chang convened the Regular City Council meeting in Cupertino
Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Barry Chang, Vice Mayor Savita Vaidhyanathan, and Council members Darcy
Paul, Rod Sinks and Gilbert Wong. Absent: None.
CEREMONIAL MATTERS AND PRESENTATIONS - None
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Val Vitols and Lila speaking on behalf of C.A.R.E. talked about World Wide Educators and
showed a video regarding a concert to support the environment.
Art Cohen speaking on behalf of Bluelight Cinemas talked about the upcoming Fourth
Annual Star Trek event on Nov 5 and 6.
Stanley Young representing Cupertino Employee’s Association (CEA) IFPTE Local 21 talked
about labor negotiations.
Mary Blanco, Business Agent for Operating Engineer's Local 3 (OE3) talked about labor
negotiations.
Cupertino employee Gian Martire representing Cupertino Employee’s Association (CEA)
IFPTE Local 21 talked about labor negotiations.
Cupertino employee Jeff Greef representing Cupertino Employee’s Association (CEA) IFPTE
Local 21 talked about labor negotiations.
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Linda Emin, Research Analyst for Cupertino Employee’s Association (CEA) IFPTE Local 21
talked about labor negotiations.
CONSENT CALENDAR
Wong moved and Vaidhyanathan seconded to approve the items on the Consent Calendar as
presented. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
1. Subject: Approve the September 6 City Council minutes
Recommended Action: Approve the minutes
2. Subject: Accept Accounts Payable for the period ending August 5, 2016
Recommended Action: Adopt Resolution No. 16-099 accepting Accounts Payable for
the period ending August 5, 2016
3. Subject: Accept Accounts Payable for the period ending August 12, 2016
Recommended Action: Adopt Resolution No. 16-100 accepting Accounts Payable for
the period ending August 12, 2016
SECOND READING OF ORDINANCES
4. Subject: Development Agreement for a 122 room hotel, two mixed-use buildings with
188 apartments, and approximately 26,000 square feet of commercial space in a
Planned General Commercial and Residential Zoning District. Application No(s): DA-
2016-01; Applicant(s): Amy Chan (De Anza Venture, LLC); Location: 10122 Bandley
Drive and 10145 De Anza Boulevard (Marina Plaza) APN# 326-34-043, 326-34-066
Recommended Action: Conduct the second reading and enact Ordinance No. 16-2148
(development agreement DA-2016-01): an "Ordinance of the City Council of the City of
Cupertino approving a Development Agreement by and among the City of Cupertino,
Cupertino 10145, LLC, and Marina Plaza LLC, for the Marina Plaza project at 10122
Bandley Drive and 10145 North De Anza Boulevard"
Jennifer Griffin talked about her concern of losing large retail space in Cupertino.
City Clerk Grace Schmidt read the title of the ordinance.
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Wong moved and Sinks seconded to read Ordinance No. 16-2148 by title only and that
the City Clerk’s reading would constitute the second reading thereof. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
Wong moved and Sinks seconded to enact Ordinance No. 16-2148. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
PUBLIC HEARINGS
5. Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase
Below Market Rate (BMR) Unit (Continued from September 6)
Recommended Action: Approve Resolution No. 16-101 regarding the appeal of Ms.
Kimberly Sandstrom and affirming the recommendation of the Housing Commission
regarding the eligibility of Ms. Sandstrom to purchase a BMR unit
Written communications for this item included a staff PowerPoint presentation.
Outside counsel Barbara Kautz and Celia Lee from Goldfarb and Lipman reviewed the
staff report.
Appellant Kimberly Sandstrom reviewed her appeal via a PowerPoint presentation.
Wong moved and Paul seconded to continue this item to the next meeting. The motion
carried unanimously.
6. Subject: Municipal Code Amendments to Chapter 1.10 (Administrative Citations, Fines,
and Penalties), Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter
19.28 (Single-Family Residential (R-1) Zones), Chapter 19.32 (Residential Duplex (R-2)
Zones), Chapter 19.56 (Density Bonus), and Chapter 19.104 (Signs) for language
clarifications, compliance with State Law, and internal consistency. Application No(s):
MCA-2016-01; Applicant(s): City of Cupertino; Location: citywide
Recommended Action: Conduct the first reading of Ordinance No. 16-2149: “An
ordinance of the City Council of the City of Cupertino amending Title 1, Chapter 1.10,
to add Section 1.10.055, “Recording Notice of Violations”; amending Title 19, Chapter
19.08, Section 19.08.030 “Definitions”, amending Chapter 19.12 Section 19.12.080
“Application Process” and Section 19.12.180 “Expiration, Extension and Revocation”,
amending Chapter 19.28 Section 19.28.120, “Landscape Requirements”, amending
Chapter 19.32 Section 19.32.010 “Purpose”, repealing and replacing Chapter 19.56,
“Density Bonus”, and amending Chapter 19.104 to add Section 19.104.205, “Message
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Substitution”; related to permits, procedures, and requirements of the code to conform
to law, ensure internal consistency, and provide clarification"
Written communications for this item included information from the Planning
Commission meeting of April 26, 2016 and a staff PowerPoint presentation.
Assistant Planner Gian Martire reviewed the staff report via a PowerPoint presentation.
Jennifer Griffin spoke on this item.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Sinks seconded to read Ordinance No. 16-2149 by title only and that
the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
7. Subject: Consider amendments to Chapter 19.124, Parking Regulations, of the
Cupertino Municipal Code. The amendment includes allowing modifications and
improvements to legal non-conforming single family garages. The proposed
amendment will also include updates to the standards for bicycle parking and facilities
consistent with the City of Cupertino 2016 Bicycle Transportation Plan adopted on June 21,
2016. Application No(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location:
citywide
Recommended Action: Conduct the first reading of Ordinance No. 16-2150: “An
Ordinance of the City Council of the City of Cupertino amending Title 19, Chapter
19.124 Section 19.124.030 “Regulations for Parking and Keeping Vehicles in Various
Zones” and Section 19.124.040 “Regulations for Off-Street Parking”, regarding legal
non-conforming single-family garages, and making standards for bicycle parking and
facilities consistent with the City of Cupertino 2016 Bicycle Transportation Plan"
Written communications for this item included a staff PowerPoint presentation.
Jennifer Griffin spoke on this item.
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Sinks seconded to read Ordinance No. 16-2150 by title only and that
the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang,
Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None. Absent: None.
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Council recessed from 8:50 p.m. to 9:00 p.m.
ORDINANCES AND ACTION ITEMS
8. Subject: Establishment of Friendship City Relationships
Recommended Action: Review and consider applications establishing Friendship City
relationships with Nanjing, People’s Republic of China; Changzhou, People’s Republic
of China; Chengdu, People’s Republic of China; Hefei, People’s Republic of China;
Taipei, Republic of China; and Taizhou, People’s Republic of China
Written communications for this item included emails to City Council, an application
from HeFei and a staff PowerPoint presentation.
Assistant to the City Manager Jaqui Guzman reviewed the staff report.
Representatives from each city talked about their particular city.
The following individuals spoke on this item:
Dundee Maples
Michael Wen
Frank Hong
Beverly Hu
Wong moved and Sinks seconded to establish Friendship City relationships with
Nanjing, People’s Republic of China; Changzhou, People’s Republic of China;
Chengdu, People’s Republic of China; Hefei, People’s Republic of China; Taipei,
Republic of China; and Taizhou, People’s Republic of China. The motion carried
unanimously.
Council recessed from 10:13 p.m. to 10:30 p.m.
9. Subject: Update on regional minimum wage efforts and introduction of Ordinance
establishing a citywide minimum wage
Recommended Action: Receive an update on regional minimum wage efforts and
conduct the first reading of Ordinance No. 16-2151: "An Ordinance of the City Council
of the City of Cupertino to add Chapter 3.37 (Minimum Wage Ordinance) to
Title 3 (Revenue and Finance) of the Cupertino Municipal Code to establish a citywide
minimum wage"
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Written communications for this item included emails and a letter to Council and a
staff PowerPoint presentation.
Assistant to the City Manager Jaqui Guzman reviewed the staff report via a
PowerPoint presentation.
The following individuals spoke on this item:
Art Cohen on behalf of Blue Light Cinemas
Sujatha Venkatraman on behalf of the clients of West Valley Community Services
Janice Chu on behalf of Bitter + Sweet
Anjali Kausar on behalf of the Cupertino Chamber of Commerce (distributed written
comments)
Luis Buhler
Poncho Guevara on behalf of Sacred Heart Community Services
Amy Nyugen on behalf of Asian Law Alliance
Maria Noel Fernandez on behalf of Working Partnerships USA
Jessica Lynam on behalf of the Cupertino members of the California Restaurant
Association
Patrick Kruk on behalf of Outback Steakhouse
Meghan Fraley on behalf of Raise the Wage South Bay and Peninsula Coalition
Marie Bernard on behalf of Emergency Assistance Network
City Clerk Grace Schmidt read the title of the ordinance.
Vaidhyanathan offered a friendly amendment to add a Learner’s exemption and Wong
didn’t accept the friendly amendment.
Wong moved and Paul seconded to read Ordinance No. 16-2151 by title only and that
the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang, Paul,
Sinks and Wong. Noes: Vaidhyanathan. Abstain: None. Absent: None.
10. Subject: A moratorium on the establishment, expansion, or relocation of payday
lending and check cashing businesses within the City of Cupertino
Recommended Action: Enact Interim Urgency Ordinance No. 16-2152: "An Interim
Urgency Ordinance of the City Council of the City of Cupertino establishing a
moratorium on the establishment, expansion, or relocation of payday lending and
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check cashing businesses within the City of Cupertino pending completion of an
update to the City’s Zoning Code"
Written communications for this item included letters to City Council.
The following individuals spoke on this item:
Sujatha Venkatraman on behalf of West Valley Community Services
Melissa Morris on behalf of Law Foundation of Silicon Valley
Liana Molina on behalf of California Reinvestment Coalition
Marie Bernard on behalf of Emergency Assistance Network
Maria Noel Fernandez on behalf of Working Partnerships USA
Amy Nguyen on behalf of Asian Law Alliance
City Clerk Grace Schmidt read the title of the ordinance.
Wong moved and Vaidhyanathan seconded to read Interim Urgency Ordinance No.
16-2152 by title only and that the City Clerk’s reading would constitute the only
reading thereof. Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None.
Abstain: None. Absent: None.
Wong moved and Sinks seconded to enact Interim Urgency Ordinance No. 16-2152.
Ayes: Chang, Vaidhyanathan, Paul, Sinks and Wong. Noes: None. Abstain: None.
Absent: None.
11. Subject: Proposed Amendments to Policy and Procedures Manual for Administering
Deed-Restricted Affordable Housing Units
Recommended Action: Adopt Resolution No. 16-102 adopting the proposed
amendments to the Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units
Written communications for this item included a staff PowerPoint presentation.
Outside counsel Barbara Kautz from Goldfarb and Lipman reviewed the staff report.
Kai Brown on behalf of Cupertino Education Association spoke on this item.
18
City Council Minutes September 20, 2016
9
Wong moved and Vaidhyanathan seconded to adopt Resolution No. 16-102 adopting
the proposed amendments to the Policy and Procedures Manual for Administering
Deed Restricted Affordable Housing Units.
Sinks offered a friendly amendment to include an extra point to the Public Employee
Working in Cupertino category and Wong didn’t accept the friendly amendment. The
motion carried unanimously.
REPORTS BY COUNCIL AND STAFF
12. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that the West Valley Mayors and Managers would
select representatives for Valley Transportation Authority (VTA) in November and
would send out applications next week.
Council members highlighted the activities of their committees and various
community events.
ADJOURNMENT
At 12:34 a.m. on Wednesday, September 21 , Mayor Chang adjourned the meeting.
_______________________
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.
19
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1941 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/1/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Cancel the January 3, 2017 City Council meeting
Sponsors:
Indexes:
Code sections:
Attachments:A - Staff Report
Action ByDate Action ResultVer.
City Council10/4/20161
Subject: Cancel the January 3, 2017 City Council meeting
Cancel the January 3, 2017 City Council meeting
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
powered by Legistar™20
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: October 4, 2016
Subject
Cancel the January 3, 2017 City Council meeting.
Recommended Action
Cancel the January 3, 2017 City Council meeting.
Discussion
It has been past City Council practice to cancel the first meeting in January because City
Hall is closed between Christmas and New Year’s Day.
Sustainability Impact
None
Fiscal Impact
None
_____________________________________
Prepared by: Kirsten Squarcia, Deputy City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments: None
21
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1870 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/25/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Adoption of the 2016 Economic Development Strategic Plan - a policy document intended to
guide the City’s economic development activities over the next three to five years.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Memo from Strategic Economics dated Sept. 13, 2016
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:Adoptionofthe2016EconomicDevelopmentStrategicPlan-apolicydocument
intended to guide the City’s economic development activities over the next three to five years.
AdoptResolutionNo.16-103,“AResolutionoftheCityCounciloftheCityofCupertino
adoptingthe2016EconomicDevelopmentStrategicPlan(EDSP)inordertoguidetheCity’s
Economic Development activities.”
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
powered by Legistar™22
OFFICE OF THE CITY MANAGER
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Adoption of the 2016 Economic Development Strategic Plan – a policy document intended to
guide the City’s economic development activities over the next three to five years.
Recommended Action
Adopt Resolution No. 16-103, “A Resolution of the City Council of the City of Cupertino adopting
the 2016 Economic Development Strategic Plan (EDSP) in order to guide the City’s Economic
Development activities.” (Attachment A)
Background
The proposed Economic Development Strategic Plan (EDSP) is framed around 11 core strategies
intended to strengthen existing businesses, foster a healthy economy, and maintain a healthy
fiscal position. For each strategy, the EDSP identifies a range of specific action items. The
strategies and action items are designed to strengthen Cupertino’s existing competitive
advantages for economic development, and take action to address disadvantages.
Discussion
The Council reviewed the Draft EDSP at a study session on August 2, 2016. At the study session,
the Council heard from a member of the public and requested a few revisions to the Draft EDSP.
The comment received from the public at this meeting did not pertain to the content of the EDSP.
The following is a summary of comments provided by the Council:
1. Encourage and incentivize reuse of existing buildings by small to midsize businesses in
sectors that can’t pay for Class A space. These include greentech, biotech, and creative
industries. Additionally, include opportunities for the creative arts in these areas.
2. Review land use, parking and fiscal implications of converting ground floor retail to office
use.
3. Re-order implementation actions to give priority to connectivity since the City traffic
congestion and transportation are a high priority and critical components of economic
development and for the community.
4. Include opportunities for high school students to partner with local businesses.
5. Promote Cupertino’s agricultural legacy, including its former orchards and vineyards.
Attachment B provides a detailed explanation of revisions to the EDSP based on the comments
23
received.
Next Steps
After adoption of the Economic Development Strategic Plan, strategies and action items will be
added to the work program on the priority basis identified in the EDSP.
Sustainability Impact
No impact.
Fiscal Impact
There will be additional costs related to implementation of strategies and action items. These
will be included in the work program and provided to the Council as costs are identified.
Prepared by: Angela Tsui, Economic Development Manager
Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
B – Memorandum from Strategic Economics responding to Council questions from the August
2, 2016 Council study session dated September 13, 2016
24
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO.16-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING THE 2016 ECONOMIC DEVELOPMENT STRATEGIC PLAN (EDSP)
IN ORDER TO GUIDE THE CITY’S ECONOMIC DEVELOPMENT ACTIVITIES
WHEREAS, the City Council of the City of Cupertino authorized staff to develop the 2016
Economic Development Strategic Plan (EDSP) that guides economic activity in the City; and
WHEREAS, sales tax revenue in the City has been trending downwards due to: its location in a
highly competitive retail market which is a challenge to attracting national and regional retailers
to Cupertino due their presence within its trade area, the City’s strong economy resulting in small
and independent ratailers struggling to find affordable space in the city or competing with the
service industry that is more parking intensive, a lack of affordable office spaces for growing,
midsize firms in the 20,000 sq. ft. to 100,000 sq. ft. range; and a lack of diversity in revenues for
the City’s General Fund; and
WHEREAS, the City Council is interested in overcoming these issues and allow for continued
economic development and improved fiscal health of the City; and
WHEREAS, development of the EDSP included community outreach, including, hosting a
Community Forum on Local Business in August 2015 to engage community members, residents,
business owners, and elected officials in identifying assets, opportunities and potential challenges
to economic development in Cupertino and conducting telephone interviews with local business
leaders and real estate experts to collect information, solicit feedback and present initial findings;
WHEREAS, in-person meetings were facilitated with the City’s Economic Development
Committee, the Cupertino Chamber of Commerce, and community meeting with the public; and
WHEREAS, the findings from these meetings and review of existing regulations of the City were
presented to the City Council at a publicly noticed meeting on August 2, 2016; and
WHEREAS, the City Council adopted the EDSP at a duly noticed regular meeting.
NOW, THEREFORE, BE IT RESOLVED:
Section 1.
That after careful consideration of the facts, exhibits, staff report, testimony and other evidence
submitted in this matter, the City Council does find as follows:
1. The foregoing recitals are true and correct and incorporated into this resolution by this
reference.
25
Draft Resolution No. 16-103 Economic Development Strategic Plan (EDSP) October 4, 2016
2. The EDSP has been prepared to ensure continued economic prosperity and development
within the City.
3. Adoption of this resolution is exempt from the California Environmental Quality Act
because adoption of the EDSP in not a project, in that adoption of the Plan is an
administrative activity that will not result in physical changes in the environments (CEQA
Guidelines Section 15378(b)(5)).
Section 2.
The City Council does hereby adopt the 2016 Economic Development Strategic Plan as shown in
“Exhibit A” attached to this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this
4th day of October 2016, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Grace Schmidt Barry Chang, Mayor
City Clerk City of Cupertino
26
Economic Development Strategic Plan
Final Draft
September 13, 2016
prepared for:
City of Cupertino
EXHIBIT A
27
Final Economic Development Strategic Plan | September 13, 2016 2
TABLE OF CONTENTS
I.INTRODUCTION .............................................................................................................. 3
II.SUMMARY OF FINDINGS ............................................................................................... 4
Opportunities ................................................................................................................................... 4
Challenges ....................................................................................................................................... 5
Key Economic Development Issues ................................................................................................ 6
III.STRATEGIES AND ACTION ITEMS ............................................................................... 8
Issue A: Connectivity and Place-Making ....................................................................................... 10
Issue B: Support Growth of Small and Mid-Size Businesses ........................................................ 14
Issue C: Retail Support and Development .................................................................................... 22
Issue D: Hospitality ........................................................................................................................ 32
Issue E: Marketing ......................................................................................................................... 33
IV.APPENDIX: MATRIX OF STRATEGIES AND IMPLEMENTATION ACTIONS ............ 36
28
Final Economic Development Strategic Plan | September 13, 2016 3
I.INTRODUCTION
The City of Cupertino’s Economic Development Strategic Plan (EDSP) is a policy document that will to
guide the City’s economic development activities over the next three to five years. The EDSP is framed
around 11 strategies intended to strengthen existing businesses, foster a healthy economy, and maintain a
healthy fiscal position. For each strategy, the EDSP identifies a range of specific action items for the City
Council to consider. The strategies and action items are designed to strengthen the city’s existing
competitive advantages for economic development, and take action to address disadvantages.
The EDSP was developed after completing an analysis of demographic, economic, and real estate market
trends, and receiving feedback from community members, business leaders and City Council. The
community outreach process included the following components:
•Community Forum on Local Businesses: In August 2015, the City of Cupertino hosted a
Community Forum to engage community members about the Economic Development Strategic
Plan. At the Forum, residents, business owners, City staff, and elected officials identified assets,
opportunities, and potential challenges related to economic development in Cupertino.1
•Interviews and Stakeholder Outreach: Strategic Economics completed telephone interviews with
local business leaders and real estate experts to collect information and solicit feedback, and
presented initial findings to the Cupertino Chamber of Commerce Legislative Action Committee.
•Economic Development Committee: Strategic Economics facilitated in-person meetings with the
Cupertino Economic Development Committee, which consists of four City staff members, two City
Council members and four representatives from the Cupertino Chamber of Commerce, to gather
input regarding technical findings and strategies.
•City Council Study Session: City staff and Strategic Economics presented the findings and
strategies from the Background Report to the Cupertino City Council for feedback.
The Background Report, completed in January 2016, provides the findings from the technical economic
analysis and community outreach, and identifies the City’s competitive advantages, issues, and
opportunities for economic development.
This EDSP is organized into three sections: Following this Introduction, Section II presents a Summary of
Findings from the Background Report, as well as the key economic development issues for the EDSP to
address. Section III contains the Strategies and Action Items for implementing the EDSP.
1 The input from the Forum is summarized in the Background Report.
29
Final Economic Development Strategic Plan | September 13, 2016 4
II.SUMMARY OF FINDINGS
In order to provide a nuanced understanding of the City’s economic opportunities and challenges, Strategic
Economics analyzed local and regional trends in employment and businesses; Cupertino’s fiscal position;
the office sector; the retail sector; and the hotel sector. Strategic Economics also collected input from
community members and stakeholders, including residents, business owners, City staff, and elected
officials. The results of the technical analysis and the input from the community engagement are
summarized in the Background Report. This section highlights the major opportunities and challenges
related to economic development in Cupertino from the Background Report.
OPPORTUNITIES
Cupertino’s location in the region, high quality of life, highly educated workforce, and existing employment
base position the city well to attract and retain businesses. These opportunities are described below.
Location at the heart of Silicon Valley. Cupertino is located in western Santa Clara County, bordered by
Sunnyvale, Santa Clara, San Jose, and Saratoga. The city’s location provides excellent access to Interstate
280, a freeway that is relatively less congested compared to other of the region’s freeways such as Highway
101.I-280 connects the city to highly skilled workers throughout the South Bay and to the Sand Hill Road
Area, the hub of venture capital activity in the region.
Highly educated workforce. Nearly 80 percent of adults aged 25 and above in Cupertino have a college
degree, with 40 percent holding advanced degrees. Most residents are also employed in professional
occupations. The city’s significant employment base attracts a net weekday inflow of 26,700 workers, who
tend to be highly educated workers in professional occupations.
Excellent quality of life and first-rate school district. Cupertino’s public schools have been recognized
for their excellent quality both by the State of California and in the national media. The public school system
and overall quality of life are very attractive for new households, especially families with children.
Thriving technology sector. Cupertino has nine employers with 250 or more workers, of which five are in
technology or biotechnology. These include Apple, Seagate, Pegasystems, and Trend Micro. Other firms
seek to locate in Cupertino in order to do business with these large employers as a vendor, partner, or
consultant, and to take advantage of the city’s location in the region.
High concentration of small firms and start-ups. Cupertino’s strength in technology is not limited to
large employers. Approximately 20 percent of the city’s small and midsized businesses (defined as those
with fewer than 250 employees) are in the technology industry.2 Many of the small and midsize professional
services firms – such as legal offices and consulting firms – support the technology sector, providing
services to Apple and other technology firms. Compared to the South Bay as a whole, the city also has a
very high concentration of very small firms (with one to four employees) in the professional and technical
services industries. Cupertino is attractive for these small start-ups because of the highly skilled,
entrepreneurial workforce that lives in the city and in neighboring communities.
2 The technology sector includes businesses from several different industries, including professional and technical
services, transportation and distribution, and manufacturing.
30
Final Economic Development Strategic Plan | September 13, 2016 5
Strong demographics to support retail investments. High household spending power, excellent freeway
accessibility, growing employment, and the significant inflow of daily commuters create significant
potential for retail in Cupertino and other West Valley communities. Cupertino has been able to capitalize
on this potential by attracting newer retail investments, including 130,000 square feet in the Main Street
project, as well as renovations of existing centers like Homestead Square and Cupertino Village.
Healthy fiscal position. General fund revenues have grown steadily over the past several years as a result
of economic growth and new real estate investments. Revenue sources that are directly tied to economic
growth – including sales taxes, property taxes, and transient occupancy (hotel) taxes have grown steadily
over the past several years as the economy has recovered and Cupertino has attracted new investment.
Major development projects, such as Main Street and Apple Campus 2, have also generated significant one-
time revenues from planning, zoning, engineering, permit processing fees, and other sources. Because of
its strong fiscal position, the City has been able to maintain service levels at 2.80 to 3.01 full time equivalent
(FTE) staff per thousand residents over the past ten years, even as Cupertino’s population grew significantly
during that time period.
CHALLENGES
While Cupertino has many economic assets, residents, business owners, City staff, and elected officials
have concerns related to Cupertino’s ability to recruit and retain an appropriate mix of businesses over time
while also maintaining the city’s excellent quality of life. These challenges are discussed below.
Highly competitive retail market. Cupertino has strong demographics for retail, and offers ample
neighborhood shopping centers where residents can shop for groceries and other daily needs. However,
since the downsizing of the Vallco shopping mall, residents generally travel to nearby large shopping
centers like Westfield Valley Fair, Santana Row, and Stanford Shopping Center for dining and
entertainment opportunities and to shop for clothing and other “specialty” goods. The presence of these
large centers in close proximity poses a challenge for attracting similar types of national and regional
retailers in Cupertino.
Challenging environment for independent retailers. Cupertino’s strong economy has driven significant
demand for retail space, resulting in low vacancies and high rents. As a result, small and independent retail
businesses reportedly struggle to find affordable space in the city. There is also a concern that traditional
retailers selling goods are being replaced with services (e.g., tutoring centers, day cares) that require more
parking than some existing shopping centers can provide and may not generate the same level of sales tax
revenues.
Lack of affordable office spaces for growing, midsize firms. Compared to the South Bay, Cupertino has
fewer businesses and employees in firms employing between 10 and 250 workers, and the number of
businesses in this size range is declining, partly due to a lack of office space to accommodate them. Strong
demand for office space, combined with competition from corporate users like Apple, results in scarce
leasing opportunities in the 20,000 to 100,000 square foot range. Although larger spaces are also in short
supply, 20,000 to 100,000 square feet spaces are in particularly high demand for growing companies such
as midsize technology startups. As a result, many expanding midsize firms have opted to relocate in other
nearby communities.
31
Final Economic Development Strategic Plan | September 13, 2016 6
Lack of diversity in revenues for the City’s General Fund. In FY 2012-13, Apple contributed total
revenues of $9.2 million, or approximately 18 percent of Cupertino’s General Fund budget.3 Most of the
revenues that Apple generates come from sales, property, and utility user taxes. Overall, the opening of
Apple Campus 2 is expected to increase Apple’s share of tax revenue. In addition to the direct tax revenues
generated by Apple, the company indirectly generates tax revenues from its suppliers, consultants, and other
vendors to the General Fund budget. At the same time, the decline of Vallco Shopping Mall, as well as the
loss of major business-to-business sales tax producers (including Hewlett-Packard), have reduced other
sources of sales tax revenues in Cupertino. Although the City has partially offset the decline in sales tax by
renegotiating an existing sales tax rebate agreement with Apple, these trends have decreased the diversity
of revenue sources for the City’s General Fund.
Concerns about protecting Cupertino’s quality of life. According to the 2014 community survey,
residents believe that the most important issues facing Cupertino are affordable housing (33 percent), traffic
(21 percent), and controlling growth (17 percent).4 Many residents are also concerned about preserving the
quality of the public school system as the community continues to grow and change.
KEY ECONOMIC DEVELOPMENT ISSUES
Based on Cupertino’s economic opportunities and challenges described above, there are five key issues
defined in the EDSP for the City to prioritize over the next three to five years. These include:
A.Connectivity and Place-Making: Excellent bicycle, pedestrian, and transit access is becoming
increasingly important for economic development, as more companies consider transportation
alternatives in making location decisions. Moreover, place-making and connectivity improvements
contribute to a high quality of life and help mitigate the traffic impacts of new growth and development.
Strategies including investing in public realm improvements on Stevens Creek Boulevard to support
the implementation of the Heart of the City Specific Plan, and supporting local and regional investments
that expand transit, pedestrian, and bicycle access to employment and activity centers in Cupertino.
B.Supporting Growth of Small and Midsize Businesses: Cupertino is very attractive for start-ups and
small companies. However, these businesses are often priced out of Cupertino as they grow due to high
rents and a lack of available office space. Strategies to support the growth of small and mid-size
businesses include facilitating the development of new office spaces in the range of 20,000 to 100,000
square feet; encouraging development of incubator spaces for start-ups in order to diversify the city’s
industrial mix to include life sciences and other emerging technologies; expanding visitation and
outreach to existing small and midsize firms; and providing technical assistance and resources.
C.Retail Support and Development: Cupertino’s strong household spending power and growing
employment base create significant demand for retail. However, while the city offers many
neighborhood shopping centers, residents typically travel outside of the city for dining, entertainment,
and specialty shopping opportunities. By working with property owners to upgrade aging shopping
centers, supporting emerging restaurant, entertainment, and shopping clusters, and developing policies
for regulating food trucks and other mobile services, the City can help foster thriving retail destinations
that provide goods and services desired by community members.
3 This does not include one-time revenues from the construction of Apple Campus 2. The fiscal analysis related to
Apple and presented here is from Keyser Marston Associates, “Economic and Fiscal Impacts Generated by Apple in
Cupertino—Current Facilities and Apple Campus 2”, prepared for Apple Inc., 2013.
4 City of Cupertino – 2014 Community Satisfaction Survey, Godbe Research, 2014.
32
Final Economic Development Strategic Plan | September 13, 2016 7
D.Hospitality: Cupertino’s growing technology sector drives strong demand for hotel rooms and
conference spaces. While this results in significant hotel tax revenues for the City’s General Fund,
business travelers often struggle to find rooms in or near Cupertino and local civic organizations have
difficulty finding affordable space for meetings and events. By monitoring the need for additional hotel
rooms and meeting space and entitling additional hotel development as appropriate, Cupertino can
support diversification of the General Fund, and provide hotel rooms and event space to meet the needs
of visitors, businesses, and civic organizations.
E.Marketing: Cupertino is well known throughout the region – and the world – as the home of Apple,
and the city is considered a highly prestigious business address second only to the North Valley cities
of Palo Alto, Mountain View, and Menlo Park. Maintaining and expanding Cupertino’s reputation as
an innovation center will help the city continue to attract a diverse range of businesses.
The strategies, implementation actions, and potential partners to address each of these issues is described
in the following section.
33
Final Economic Development Strategic Plan | September 13, 2016 8
III.STRATEGIES AND ACTION ITEMS
As discussed in Section II, the technical analysis and community engagement activities resulted in the
identification of five key economic development issues for the EDSP to address. These key issues include:
A.Connectivity and Place-Making
B.Supporting Growth of Small and Midsize Businesses
C.Retail Support and Development
D.Hospitality
E.Marketing
For each of these five issues, the EDSP identifies specific strategies for the City to undertake over the next
three to five years. The key issues and strategies to address them are summarized in Figure 1.
The remainder of this section identifies implementation action items for addressing each of the key issues.
Action items include continuing the City’s ongoing efforts to support economic development in Cupertino,
as well as new action items that the City Council may choose to implement to advance economic
development. All action items are classified into one of three categories based on the amount of additional
staff time, legislative action, or budget required for implementation:
•Category 1: Require small amounts of additional staff time in order to implement, but no major
legislative action or budget allocations.
•Category 2: Require significant staff time and/or legislative action by the City Council.
•Category 3: Require additional budget allocation, as well as significant staff time and/or legislative
action.
The remainder of this chapter describes each potential implementation action item in more detail, and
identifies the lead agency from the City as well as likely partners. A full matrix of all the economic
development issues, strategies, and action items is presented in the appendix to this report.
34
Final Economic Development Strategic Plan | September 13, 2016 9
Figure 1: Key Issues and Strategies for Economic Development
Key Issues to Address Strategies
A.Connectivity and Place-
Making
Invest in infrastructure
improvements that support
economic development and
mitigate the traffic impacts of
new growth.
1.Invest in public realm improvements to support the development of the
City’s commercial/retail and mixed-use areas as pedestrian-oriented
corridors that serve as welcoming gateways to Cupertino and provide
a variety of community gathering spaces.
2.Support local and regional transportation improvements that
improve transit, pedestrian and bicycle connections to employment
and activity centers in Cupertino.
B.Support Growth of Small
and Midsize Businesses
Provide physical spaces and
business support to small and
midsize businesses.
3.Facilitate the development of new office and industrial/flex space
for small and midsize companies to expand in Cupertino.
4.Support development of business incubator, accelerator,
coworking, shared, and “on-demand” workplaces
5.Continue and strengthen visiting and outreach programs for small
and midsize businesses (fewer than 250 employees).
6.Develop a cohesive business support network offering technical
assistance and access to financing, with a focus on enabling
growing businesses to stay in Cupertino.
C.Retail Support and
Development
Foster thriving retail
destinations that provide
goods and services desired
by community members.
7.Work with retail property owners and tenants to revitalize and
upgrade aging shopping centers on Stevens Creek Boulevard.
8.Support emerging restaurant, entertainment, and shopping clusters
that serve as destinations for workers, residents, and visitors.
9.Develop policies for regulating food trucks and other mobile
services, including the types of mobile services that are permitted,
the locations and times when they may operate, and measures for
mitigating environmental, traffic, and other impacts.
D.Hospitality
Support diversification of the
City's General Fund, and
provide hotel rooms and
event space to meet the
needs of visitors, businesses,
and civic organizations.
10.Provide adequate hotel rooms and event venues to support the
City's General Fund and meet business needs.
E.Marketing
Maintain and expand
Cupertino’s reputation as an
innovation center.
11.Develop an integrated approach to marketing Cupertino to brokers,
business owners, and others as a center for innovation and the
heart of Silicon Valley.
35
Final Economic Development Strategic Plan | September 13, 2016 10
ISSUE A: PLACE-MAKING AND CONNECTIVITY
STRATEGY 1
Invest in public realm improvements to support the development of the
City’s commercial/retail and mixed-use areas as pedestrian-oriented
corridors that serve as welcoming gateways to Cupertino and provide a
variety of community gathering spaces.
The General Plan calls for updating the look and feel of the City’s neighborhood shopping centers and
commercial corridors to improve bicycle and pedestrian connections to surrounding residential
neighborhoods and create welcoming gateways into Cupertino. The General Plan calls out Stevens Creek
Boulevard as Cupertino’s core commercial corridor, and the Heart of the City Specific Plan identifies
streetscape design principles for different segments of the Stevens Creek corridor, including street tree,
landscaping, and street furnishing concepts, and specifies design standards for new development. The City
has also adopted Conceptual Plans for North DeAnza Boulevard (between I-280 and Stevens Creek), De
Anza Boulevard (between Stevens Creek and Bollinger Road), and the Vallco Shopping District that
provide direction on streetscape and connectivity improvements in these areas. By creating a more
welcoming environment for Cupertino residents and visitors, the new street trees and other improvements
will help support successful retail along these corridors.
Ongoing City Actions:
1.1 Implement the land use and design guidelines from the Heart of the City Specific Plan; require
new development to contribute to planned streetscape and infrastructure improvements. The
Specific Plan lists contributions and in-kind improvements by developers as the primary mechanism
for implementing the streetscape improvements identified in the plan.
o Lead Agency: Planning
o Partners: Stevens Creek Property Owners and Developers
1.2 Implement the land use and transportation policies in the General Plan and Conceptual Plans to
ensure that site, building, street, and streetscape design support the City’s goals for community
character and connectivity. The plans call for improvements to neighborhood centers and commercial
corridors throughout the City.
o Lead Agency: Planning
Category 1 Actions:
1.3 Support community programming at activity centers along major corridors. The General Plan
identifies a series of special centers and nodes along major corridors, including the Oaks Shopping
Center, Cupertino Memorial Park, DeAnza College, the North Crossroads Node, City Center, and the
Civic Center. By partnering with civic organizations, retailers, and property owners to sponsor
programming and events in these nodes, the City can help bring new activity to the corridors.
o Lead Agencies: Economic Development, Planning, Parks and Recreation
o Partners: Chamber of Commerce, DeAnza College, Retail Businesses and Property
Owners
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Final Economic Development Strategic Plan | September 13, 2016 11
Category 2 Actions:
1.4 Develop implementation plans for improving major corridors such as Stevens Creek Boulevard,
including identifying phasing and specific funding sources for planned improvements. For
example, a comprehensive implementation strategy for the Heart of the City Specific Plan would
identify the desired phasing for the streetscape improvements called for in the plan, provide updated
construction costs, and identify the full range of potential funding sources. Adopting an implementation
strategy could position the City to apply for grants and seek other funds, above and beyond
contributions from developers. In addition, a clear strategy could help lay the groundwork for the
eventual establishment of a BID or PBID (see discussion of BIDs and PBIDs above, under Strategy 7).
o Lead Agency: Planning
o Partners: Property Owners and Developers, Business Owners, Residents
1.5 Pursue grants for streetscape and other improvements as they become available. For example, the
One Bay Area Grant (OBAG) program provides grants for local streets and roads preservation,
bicycle and pedestrian improvements, and streetscape improvements. At least 70 percent of OBAG
funds must be spent in Priority Development Areas (PDAs); as a PDA, the Stevens Creek corridor
would be eligible for this funding. The Santa Clara Valley Transportation Authority (VTA)
administers the OBAG capital grant program in Santa Clara County. VTA has fully allocated its
share of OBAG dollars through FY 2015-16. After FY 2015-16, however, more OBAG funds may
become available.
o
o Partners: Santa Clara Valley Transportation Authority
(VTA)
Category 3 Actions:
1.6 Allocate funds in the City's capital improvement program to implement landscaping, pedestrian,
and other infrastructure improvements envisioned in the Heart of the City Specific Plan and
other Conceptual Plans. Setting aside capital improvement funds from the City budget would help
facilitate faster implementation of the Plan, and help meet the local match required by many grant
programs.
o Lead Agency: Public Works, Finance, Planning
STRATEGY 2
Support local and regional transportation improvements that improve
transit, pedestrian and bicycle connections to employment and activity
centers in Cupertino.
Access to transit and excellent bicycle and pedestrian connections are becoming increasingly important for
economic development, as more companies consider transportation alternatives in making location
decisions. Facilitating transit, walking, and bicycling can also help reduce strain on the automobile network,
improve health and quality of life for Cupertino residents, and help mitigate the traffic impacts of new
growth and development – a major concern for many community members.
Lead Agency: Public Works, Planning
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Final Economic Development Strategic Plan | September 13, 2016 12
Ongoing City Actions:
2.1 Implement and regularly update and the Bicycle Transportation Plan, including pursuing grants
as they become available. In 2015, the City Council adopted the 2015 Bikeway Improvement
Prioritization Update to the 2011 Cupertino Bicycle Transportation Plan. Together, these documents
provide a roadmap designed to encourage bicycling as a safe, practical, and healthy alternative to the
automobile. The City has also established a Bicycle Pedestrian Commission charged with reviewing,
monitoring, and making recommendations regarding bicycle and pedestrian traffic, parking, education
and recreation, and other transportation issues. The Commission and City staff work together to
implement the Bicycle Transportation Plan and expand the share of trips taken by on foot or by bicycle.
o Lead Agency: Public Works
o Partners: Bicycle Pedestrian Commission
2.2 Require major employers to meet transportation demand management goals. The General Plan
Mobility Element requires large employers to develop and maintain transportation demand
management (TDM) programs to reduce vehicle trips generated by their employees, and develop a
tracking method to monitor results.
o Lead Agencies: Planning, Public Works
2.3 Actively participate in regional transportation planning processes and advocate for decisions that
meet Cupertino's needs. Public Works, Planning, and other departments regularly participate in
regional transportation planning processes to advocate for programs that are consistent with the goals
and policies of Cupertino’s General Plan. City staff also work with neighboring cities to address
regional transportation and land use issues of mutual interest.
o Lead Agency: Public Works, Planning
2.4 Work with Caltrans and the Santa Clara Valley Transportation Authority to explore new
regional transit options, such as on Highway 85. In anticipation of a potential Santa Clara County
Transportation Sales Tax measure on the ballot in the November 2016 election, the City of Cupertino
has been working with other West Valley and North County cities on developing a mass transit project
that would serve this portion of the region’s jobs utilizing VTA and concentrating on the 85 Corridor.
In April 2016, Cupertino’s Director of Public Works introduced the concepts to the Chamber of
Commerce Legislative Action Committee and held a Business Workshop to facilitate a more detailed
discussion.
o Lead Agency: Public Works
Category 1 Actions:
2.5 Work with major employers to leverage corporate transportation programs (e.g., shuttles, bike
share) to benefit the community as a whole. Apple and other large employers operate shuttles, bike
share, and other transportation programs to help their employees travel to and around Cupertino without
a car. While employers may need to restrict access to some of these services in order to maintain
corporate security, there may be opportunities to expand on some existing corporate transportation
programs – such as bike share – to serve the broader community.
o Lead Agency: Public Works, Planning, Economic Development
o Partners: Major Employers
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Final Economic Development Strategic Plan | September 13, 2016 13
Category 2 Actions:
2.6 Work with regional and county agencies to explore new funding sources for local and regional
transit improvements. As revenues from the federal and state gas taxes decline, funding for local and
regional transportation improvements is becoming increasingly scarce. MTC and Bay Area cities and
counties are exploring new options, including new taxes and fees (such as the proposed Santa Clara
County Transportation Sales Tax Measure), revenues from California’s cap-and-trade program, and
property-based land financing or “value capture” tools (such as Enhanced Infrastructure Financing
Districts and Community Facilities Districts). By remaining actively involved in these conversations,
Cupertino staff can ensure that the City is aware of emerging tools and sources, and represented in
conversations about how funding should be allocated.
o Lead Agency: Public Works, Planning
2.7 Pursue grants for high priority transportation projects, including bicycle and pedestrian
improvements, as they become available. In addition to improvements on Stevens Creek, this could
include walking and bicycling paths that connect employment areas with destinations such as local
retail centers.
o Lead Agency: Public Works, Planning
2.8 Prioritize investments in bicycle, pedestrian, and other transportation improvements that
connect workers and workplaces with local retailers. These include bicycle paths and sidewalk
improvements that directly connect the City’s major employment centers with retail and restaurant
nodes.
o Lead Agency: Public Works, Planning
2.9 As part of the approvals process for large commercial development projects, design a community
benefits policy that encourages projects to provide transportation demand management (TDM)
programs, potentially including funding for a community shuttle. As discussed above, the General
Plan Mobility Element already contains a similar provision for ensuring major employers provide TDM
programs. This policy could be extended to major development projects, and include incentives for
developers (as well as employers and shopping center owners) to contribute funding for a community
shuttle that would improve connections among major community destinations such as local civic and
cultural centers, retail centers, schools, and nearby Caltrain stations.
o Lead Agency: Planning
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Final Economic Development Strategic Plan | September 13, 2016 14
ISSUE B: SUPPORT GROWTH OF SMALL AND MID-SIZE
BUSINESSES
STRATEGY 3
Facilitate the development of new office and industrial/flex space for small
and midsize companies to expand in Cupertino.
Cupertino is highly attractive for start-ups and small companies. However, a very tight market for office
space, combined with the high share of office space occupied by Apple, results in scarce leasing
opportunities in the 20,000 to 100,000 square foot range. As a result, many expanding midsize firms have
opted to relocate in other nearby communities. In the long term, retaining these growing companies will
require providing office space to meet their needs.
Ongoing City Actions:
3.1 Create opportunities for small office users by encouraging developers to reserve space for small
offices. For example, the City negotiated an agreement with Sand Hill Property Company to reserve
space for small office users in the Main Street project. These would range from 3,000-10,000 square
feet and would include small business ventures, co-working spaces, etc.
Category 2 Actions:
3.2 Increase allocation for office development for mid-size businesses in the 20,000-100,000 sq. ft.
range. The City lacks office space in the 20,000 to 100,000 square foot range that can accommodate
growing companies and midsize startups.
o Lead Agency: Planning
3.3 Create a new development allocation category for Innovation Space. This allocation would provide
for the development of new laboratory and R&D space for businesses in the greentech, biosciences, life
sciences, and other creative industries.
o Lead Agency: Planning
3.4 Consider establishing a new “Innovation District” in the Bubb Road and/or Bandley Drive/Valley
Green Drive areas. By formally designating some of the less intensive, Light Industrial areas in the
City as “Innovation Districts,” the City could encourage and incentivize the reuse and rebuilding of
existing buildings to create spaces appropriate for small to midsize businesses in sectors such as
greentech, biosciences, life sciences, and other creative industries. For example, the designation could
apply to the Bubb Road area (roughly bounded by Stevens Creek Boulevard on the north, McClellan
Road on the south, Highway 85 on the east, and Imperial Avenue on the west) and/or the Light
Industrial properties located on the west side of Bandley Drive and north of Valley Green Drive. The
City could support the Innovation Districts with a coordinated branding and marketing strategy, and
explore incentives (such as development allocations for innovation space) to encourage property
owners to dedicate new and existing space to greentech, biosciences, and other innovation uses. The
new “Innovation District” would also require or incentivize street improvements and transportation
demand management measures aimed at encouraging walking and bicycling and mitigating the traffic
impacts of new businesses, as well as the provision of other uses that would serve the district (food
uses, etc).
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Final Economic Development Strategic Plan | September 13, 2016 15
o Lead Agency: Planning
3.5 Review and update land uses in the zoning designations related to Office and Industrial uses to
ensure that they are adaptable to current and future business needs. Some of the uses in the
existing zone code are outdated and do not reflect current industry needs. The code should be revisited
to better align with current and emerging space needs, and to more clearly state the types of uses (such
as biosciences, greentech, etc.) that the City envisions for different locations within Cupertino.
o Lead Agency: Planning
3.6 Allow for the conversion of underutilized ground floor retail space to office space. In
underperforming shopping centers, allow for spaces to be occupied by smaller office users, providing
that there is sufficient parking and infrastructure to support office uses. Note that this may require a
zoning change in some locations, such as in the Heart of the City Specific Plan area.
o Lead Agency: Planning
3.7 Conduct parking study to review parking ratios for retail/commercial/office uses. Note that
changes in parking ratios may require zoning and regulation changes in some locations, such as the
Heart of the City Specific Plan area.
o Lead Agency: Planning
STRATEGY 4
Support development of business incubator, accelerator, co-working,
shared, and "on-demand" workplaces.
Co-working, shared, and on-demand spaces provide flexible office space where entrepreneurs, freelancers,
or other individuals can rent a desk at a relatively low cost. Examples include WeWork and NextSpace (see
text box below). Start-up accelerators or incubators provide mentorship, training, and sometimes investment
capital and/or low-cost space for emerging tech companies, often in exchange for a small amount of equity.
While some start-up accelerators have proven highly profitable,5 co-working businesses typically operate
on a thin profit margin,6 and some incubators that provide low-cost space for start-ups have required public
subsidy.7 For example, the San Jose BioCube was originally funded by the San Jose Redevelopment Agency
(see text box below).
Cupertino already has at least one co-working space: Pacific Workplaces, an 18,000 square foot location
on Stevens Creek Boulevard that provides flexible co-working spaces for approximately 300 small
businesses. By supporting these types of flexible workspaces, the City can continue to nurture Cupertino’s
existing ecosystem of start-ups and help grow the next generation of innovative businesses.
5 Tomio Green, “Top Startup Incubators and Accelerators: Y Combinator Tops with $7.8 Million in Value,” Forbes,
April 30, 2012, http://www.forbes.com/sites/tomiogeron/2012/04/30/top-tech-incubators-as-ranked-by-forbes-y-
combinator-tops-with-7-billion-in-value/.
6 DeskMag, “The 2nd Global Coworking Survey: How Profitable Are Coworking Spaces?”
http://www.deskmag.com/en/how-profitable-are-coworking-spaces-177.
7 Diana Samuels, “Silicon Valley Incubators Feel the Pain of Redevelopment’s Demise,” Silicon Valley/San Jose
Business Journal, July 13, 2012, http://www.bizjournals.com/sanjose/print-edition/2012/07/13/silicon-valley-
incubators-feel-the.html?page=all.
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Final Economic Development Strategic Plan | September 13, 2016 16
Category 2 Actions:
4.1 Allow for the conversion of underutilized ground floor retail space to incubator or co-working
uses. There are a number of underutilized retail sites (such as second-floor retail space and spaces
located to the side or rear of a property) that could be converted to smaller co-working spaces or
incubators. Note that the conversion of some existing retail buildings may require property owners to
make investments in infrastructure or building improvements to serve such businesses.
o Lead Agency: Planning
Category 3 Actions:
4.2 Seek out partnerships for developing a new small business incubator or accelerator, and consider
contributing City funds if needed. The City may explore potential partners like DeAnza Community
College, the Santa Clara County Library District, other nearby universities, colleges, or other
organizations, to operate a small incubator or accelerator. The City may contribute funding to support
the incubator spaces, either by directly subsidizing its operations or by encouraging private developers
to provide low-cost spaces for this type of use as part of a community benefits process for approving
large commercial projects (see discussion under Strategy 3).
o Lead Agency: Economic Development
o Potential Partners: DeAnza Community College, Santa Clara County Library District
Case Study: WeWork and NextSpace
WeWork and NextSpace are privately-funded providers of co-working spaces with national and
international locations. WeWork currently has about six locations in San Francisco and one in
San Jose, while NextSpace has five Bay Area locations. Membership with these spaces can
take many forms and could include: occasional access, day passes, long term passes to
common workspaces, dedicated workstations and offices, and conference rooms. Typically,
these co-working spaces tout the benefits of connecting with other innovators and creative
enterprises as a key value proposition of membership.
Case Study: San Jose BioCube
The San Jose BioCube is a business incubator providing facilities for life science, nanotech,
and cleantech startup companies. These facilities include office space, laboratory facilities, and
business support services to a variety of startups who can either locate directly onsite or utilize
BioCube’s facilities on a pro-rated basis. Originally called the San Jose BioCenter, it was
created in 2004 under the San Jose Bioscience initiative sponsored by the San Jose
Redevelopment Agency. Although public funding was phased out with the agency’s dissolution
2012, the facility was able to survive with the assistance of private investment and a name
change to the “BioCube.” In 2014 the BioCube became 100 percent self-sufficient.
Sources: wework.com; nextspace.com; San Jose BioCube website (http://www.sanjosebiocube.com); “Silicon Valley
incubators feel the pain of redevelopment’s demise”, Silicon Valley Business Journal, 2012
(http://www.bizjournals.com/sanjose/print-edition/2012/07/13/silicon-valley-incubators-feel-the.html); “San Jose
BioCube Creates Self-Sustaining Biotech Dream”, PRWeb, 2013
(http://www.prweb.com/releases/2013/5/prweb10716857.htm).
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Final Economic Development Strategic Plan | September 13, 2016 17
STRATEGY 5
Continue and strengthen visitation and outreach programs for small and
midsize businesses (fewer than 250 employees).
The Economic Development Division of Cupertino’s Community Development Department already
conducts a robust program of business outreach aimed at providing new and growing businesses with
information about doing business in Cupertino (see “Ongoing City Efforts” described below). The City’s
business outreach program could be expanded and refined to focus on retaining small and midsize
businesses, especially those that are at risk of moving out of the City as they grow. Fostering a diverse
range of firms will help build a resilient business ecosystem that can better withstand future changes in
broader economic conditions.
Ongoing City Actions:
5.1 Conduct outreach to existing businesses, including regularly visiting local businesses to discuss
programs, events, and/or incentives that may be of interest. Economic Development staff visit local
businesses and attend meetings of the Chamber of Commerce and other local organizations to provide
information on business resources offered by the City and partner organizations (such as the Silicon
Valley Economic Development Alliance and the Silicon Valley Small Business Development Center).
o Lead Agency: Economic Development
5.2 Distribute and regularly update “How to Start Your Business in Cupertino” booklet. The “How
to Start Your Business in Cupertino” booklet is published by the Economic Development Division and
provides step-by-step instructions and informational links for developing a business plan, selecting a
location, applying for permits and licenses, and accessing incentives.
o Lead Agency: Economic Development
5.3 Continue to host the annual Small Business Symposium. The City of Cupertino and the Cupertino
Chamber of Commerce co-host an Annual Small Business Symposium that provides workshops
covering essential topics for those wanting to start a new business or who are ready to grow their
existing businesses. In past years, workshop topics have included marketing and social media, accessing
capital, legal issues, and green business practices.
o Lead Agency: Economic Development
o Partners: Cupertino Chamber of Commerce, Cupertino Library
Category 1 Actions:
5.4 Provide assistance to new and expanding businesses with obtaining needed permits and licenses
from the City and other agencies. The Planning and Economic Development Divisions could work
together to explore a “concierge” service that would assign specific staff members to work closely with
high-priority applicants, including providing a single point of contact to expedite the City permitting
and licensing process. Staff could also assist businesses in receiving permits from other agencies.
o Lead Agencies: Planning and Economic Development
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Final Economic Development Strategic Plan | September 13, 2016 18
5.5 Identify growing, small and midsize companies that are at risk of moving out of Cupertino as
they expand, and focus existing business retention efforts on these companies. Economic
development staff could identify growing companies that are at risk of leaving the City in order to
expand, and help connect them with resources such as those offered by the Silicon Valley Economic
Development Alliance and the Silicon Valley Small Business Development Center.
o Lead Agency: Economic Development
5.6 Work with local brokers to match growing companies to space in Cupertino. Finding office space
in Cupertino is a significant barrier for many companies that wish to grow in the City. Building on
existing relationships with brokers, Economic Development staff can help provide information on
office space vacancies to small and midsize businesses that have been identified as being at risk of
leaving the City.
o Lead Agency: Economic Development
5.7 Conduct an online survey of existing businesses to determine key advantages and disadvantages
of doing business in Cupertino. This survey could be conducted on a regular (e.g., annual basis) help
evaluate existing City services and programs, and help identify challenges or gaps in the resources
available to local businesses.
o Lead Agency: Economic Development
Category 2 Actions:
5.8 Conduct regular outreach to growing small and midsize businesses to determine what services
would help them expand in Cupertino, including individual visits, roundtables or focus groups,
and citywide events. These visits, roundtables, or events could focus on key audiences (such as
growing midsize companies) or important topics identified in the online survey (described under
Category 1 Actions). Regular, formal discussions with businesses could inform the City’s future
business outreach and retention efforts.
o Lead Agency: Economic Development
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Final Economic Development Strategic Plan | September 13, 2016 19
STRATEGY 6
Develop a cohesive business support network offering technical assistance
and access to financing, with a focus on enabling growing businesses to
stay in Cupertino.
Cupertino staff maintain excellent relationships with local and regional business organizations that provide
technical assistance to businesses, and regularly refers local businesses to those technical service providers.
There may be opportunities to build on these relationships to expand the range of services and resources
available to Cupertino businesses, or for the City to provide services directly to businesses.
Ongoing City Actions:
6.1 Meet regularly with local and regional business organizations and technical assistance providers
to build partnerships. Economic Development staff regularly attend meetings held by the Cupertino
Chamber of Commerce (including the Chamber’s Legislative Action Committee and the Asian
American Business Council), the Silicon Valley Economic Development Alliance, CREW Silicon
Valley (a commercial real estate professional organization), and the Rotary Club of Cupertino.
o Lead Agency: Economic Development
o Partners: Cupertino Chamber of Commerce, Silicon Valley Economic Development
Alliance, CREW Silicon Valley, Rotary Club of Cupertino
6.2 Continue to hold quarterly meetings with Economic Development Committee. The Committee
consists of four City staff members, two City Council members and four representatives from the
Cupertino Chamber of Commerce. The Committee’s activities are targeted at enhancing the Cupertino
business environment, developing business and community relationships, working with existing
business to identify and eliminate any barriers to retention or redevelopment, recruiting compatible
businesses to the City, and supporting a strong local economy and fiscal base to enable to the City to
provide excellent municipal services.
o Lead Agency: Economic Development
Category 1 Actions:
6.3 Explore additional opportunities to connect small businesses with existing micro-credit providers
or other small business lenders. For example, the Silicon Valley Small Business Development
Corporation in San Jose offers workshops and individual business counseling on access to capital,
including bank finance, Small Business Administration (SBA) loans, and venture capital.
o Lead Agency: Economic Development
o Partners: Silicon Valley Small Business Development Corporation, Small Business
Administration, Silicon Valley Talent Partnership
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Final Economic Development Strategic Plan | September 13, 2016 20
Category 2 Actions:
6.4 Partner with technology, design, and arts programs at De Anza College and local middle and
high schools to offer assistance to Cupertino businesses, such as support in building websites and
applications. For example, students could help local businesses design websites, participate in
hackathons, launch social media advertising campaigns, etc.
o Lead Agency: Economic Development
o Partners: De Anza College, Cupertino Union and Fremont Union School Districts,
Library
6.5 Establish the City of Cupertino as a Kiva Zip trustee to find and endorse local businesses seeking
to borrow money on the Kiva Zip website. Kiva Zip is a microfinancing platform that connects
entrepreneurial borrowers with individuals interested in supporting small businesses. A Kiva Zip
“trustee,” which can be a City or other organization, recommends borrowers for a loan based on the
borrower’s qualifications and local knowledge. The trustee can support borrowers in other ways but
does not have any fiduciary responsibility for the loan. Trustees take on no direct financial risks, but
their reputation is based on the repayment of the loans that they endorse. See the text box below for an
example of the City of Oakland’s KivaZip Trustee Program.
o Lead Agency: Economic Development
o Partners: Kiva Zip
Category 3 Actions:
6.6 Contract with business assistance providers to provide targeted services to Cupertino businesses,
or hire staff and provide services in-house. Rather than referring businesses to the Silicon Valley
Small Business Development Corporation or other business technical assistance organizations, the City
could contract directly with providers to offer services in Cupertino, and/or hire additional Economic
Development staff with the capacity to provide training, counseling, and other services in-house. This
could include working with Small Business Development Centers of Northern California to sponsor a
local office (see text box below for more information).
o Lead Agency: Economic Development
o Partners: Small Business Development Centers of Northern California
6.7 Provide seed capital to start a revolving loan fund to provide small loans for small and midsize
businesses in Cupertino for business expansion and other business needs. Revolving loan funds
provide financing for small businesses that are meet local goals (such as creating local employment
opportunities) and are creditworthy, but do otherwise do not qualify for bank loans. See the text below
for an example sponsored by the City of Berkeley.
o Lead Agency: Economic Development
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Final Economic Development Strategic Plan | September 13, 2016 21
Case Study: City of Oakland’s Kiva Zip
Trustee Program
Kiva Zip is a microfinancing platform that
connects entrepreneurial borrowers with
individuals interested in supporting small
businesses in the U.S. A Kiva Zip “trustee,”
which can be an entire organization,
recommends borrowers for a loan based on
the borrower’s qualifications and local
knowledge. The trustee can support
borrowers in other ways but does not have
any fiduciary responsibility for the loan.
Trustees take on no direct financial risks, but
their reputation is based on the repayment of
the loans that they endorse. In 2013, the City
of Oakland became the first city government
to serve as a Kiva Zip trustee. Since that time,
the City has endorsed 33 loans for a total
value of approximately $235,000, and a
repayment rate of 87 percent. The City uses
billboard advertising to promote the program,
which supports locally owned businesses,
often in food service.
Case Study: Berkeley Revolving Loan Fund
The Berkeley Revolving Loan Fund is a source of financing for small businesses that
otherwise do not qualify for conventional bank loans. Borrowers still need to be creditworthy
and satisfy other criteria, such as demonstrating that their business creates local
employment opportunities. The fund was started in 1984 with a $500,000 grant from the
federal Economic Development Administration, initially targeting minority-owned
businesses in the South Berkeley neighborhood. In 2011, the City expanded the program
to be citywide, and brought in an independent underwriter. Loans are approved by a Loan
Administration Board composed of members with expertise in business operations, legal
issues, and commercial lending. The target loan size is between $35,000 to $50,000, with
a term of up to seven years. Borrowers have flexibility to use the credit for working capital,
tenant improvements, or asset purchases. Since the program began, the fund has grown to
$700,000. The total amount loaned since 1984 is nearly $1.6 million, with 38 borrowers. It
is estimated that the program has created 176 new private sector jobs, and saved 38 private
sector jobs. Currently, there are six borrowers with active loans totaling $405,000. These
borrowers include a high-end tent manufacturer, a reseller of biofuels, and a cooking school.
Sources: Kiva Zip (https://zip.kiva.org/trustees/573); Oakland Local, “Kiva Zip Loans Fuels Oakland Small
Business Community”, 2015 (http://oaklandlocal.com/2015/05/kiva-zip-loans-fuels-oakland-small-business-
community/); City of Berkeley Office of Economic Development (http://www.ci.berkeley.ca.us/loanfund/); City of
Berkeley, Economic Dashboard, 2015.
Advertising for Oakland’s Kiva Zip
program on a local bus shelter
Image: Strategic Economics
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Final Economic Development Strategic Plan | September 13, 2016 22
ISSUE C: RETAIL SUPPORT AND DEVELOPMENT
STRATEGY 7
Work with retail property owners and tenants to revitalize and upgrade
aging shopping centers on Stevens Creek Boulevard.
The Cupertino General Plan identifies the Stevens Creek corridor as the “Heart of the City” – the key mixed-
use area that functions as Cupertino’s downtown. The General Plan and the Heart of the City Specific Plan
(discussed in more detail above, under Strategy 1) envision an improved corridor that provides a greater
sense of place, more community identity, and a memorable experience for residents, workers and visitors.
The qualities of successful pedestrian-oriented retail districts are explained in more detail in the text box
on the following page.
One key part of implementing this vision is revitalizing and upgrading aging shopping centers on the
corridor. While the smaller, strip shopping centers on Stevens Creek Boulevard have generally been
successful at attracting new tenants, many have not been upgraded in years. In particular, the eastern
segment of Stevens Creek Boulevard – extending from North De Anza Boulevard to the city border – is
characterized by relatively small, shallow lots with limited visibility, parking constraints, and relatively
underperforming retailers. Programs and policies that incentivize property owners and businesses to
reinvest in aging shopping centers will help support continued, successful retail activity on the corridor,
and contribute to upgrading the look and feel of Stevens Creek to create a welcoming gateway into
Cupertino.
Case Study: Small Business Development Centers of Northern California
The Small Business Development Centers of Northern California are a network of business
assistance offices whose services include educational and training seminars and counseling at low-
or no-cost. The NorCal network is operated out of CSU Humboldt, and the network is funded by
the Small Business Administration, with satellite offices typically at the county level. The Silicon
Valley SBDC, in downtown San Jose, is the satellite office serving Santa Clara County. NorCal
SBDC also has a handful of strategic initiatives with services tailored to particular industry sectors,
including technology, procurement, international trade, and green business. For example, the “Tech
Futures Group”, with an office in Berkeley, advises tech startups and growing firms with advisors
that have expertise navigating the particular issues confronted by high growth technology firms,
such as intellectual property strategy and venture capital fundraising.
Sources: Small Business Development Centers of Northern California (http://www.norcalsbdc.org); The Tech Futures Group
(http://www.techfuturesgroup.org).
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Final Economic Development Strategic Plan | September 13, 2016 23
Characteristics of Successful Pedestrian-Oriented Retail Districts
At the August 2015 Community Forum on Local Businesses, Cupertino residents cited
Burlingame Avenue (Downtown Burlingame), Castro Street (Downtown Mountain View),
Downtown Los Gatos, and Downtown Campbell as examples of attractive destinations for
dining, shopping, and entertainment. These districts share some common elements that
contribute to their success:
•Concentration of retail within a convenient walking distance: A critical mass of
retail and services within a comfortable walking distance enables visitors to park once
and walk to their destination, or browse shopping and dining options on foot.
Successful pedestrian-oriented retail districts are often quite compact. For example, the
majority of activity on Burlingame Avenue is concentrated within a quarter-mile section
of the street, or about a five-minute walking distance from end to end.
•Pedestrian-friendly atmosphere: Burlingame Avenue, Castro Street, Downtown Los
Gatos, and Downtown Campbell all have wide sidewalks and attractive street trees,
lighting, and other furniture. The storefronts are active, and many restaurants have
invested in attractive outdoor dining.
•High concentration of restaurants: In these successful retail districts, about one-
quarter to one-third of businesses are restaurants or food stores.
•Comprehensive parking management strategies: Mountain View and Los Gatos
provide ample visitor parking in public lots and garages located within walking distance
of downtown shops and restaurants, while restricting long-term parking in surrounding
residential neighborhoods.
•Active merchants’ associations: Downtown Burlingame, Downtown Mountain View,
and Downtown Campbell all have active merchants’ associations that partner with the
cities in sponsoring marketing, community events, and other activities.
Downtown Burlingame
Image: Strategic Economics
Downtown Mountain View
Image: Strategic Economics
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Final Economic Development Strategic Plan | September 13, 2016 24
Category 2 Actions:
7.1 Provide incentives in key locations for upgrading or intensifying existing retail and/or replacing
retail with mixed-use development. Some small parcels with existing retail centers may not be able
to accommodate sufficient parking to meet current code requirements, limiting the property owner’s
ability to upgrade, replace the existing retail space, or redevelop with higher-intensity retail or mixed-
use project. Providing some flexibility on parking requirements for these properties, allowing for
mixed-use development, and/or providing incentives such as increased heights or densities on
challenging parcels, could encourage property owners to invest in major improvements or redevelop
aging retail buildings.
o Lead Agency: Planning
o Partners: Retail Property Owners, Developers
7.2 Develop design standards for retail space in mixed-use developments to ensure that new retail
space contributes to the desired look and feel of the community, and functions well for retailers.
Some mixed-use projects struggle to lease ground floor retail space in part due to the limited visibility
from the street, lack of signage, poor vehicle and pedestrian access, low ceiling heights, and/or lack of
specific requirements such as adequate ventilation for restaurant cooking. Providing guidelines on
appropriate design could help ensure the success of future ground floor retail space. While the Heart of
the City Specific Plan includes design guidelines for building exteriors, the plan does not provide
specific standards for ground floor retail.
o Lead Agency: Planning
o Partners: Retail Property Owners, Developers
7.3 Conduct outreach to Stevens Creek property and business owners to explore the potential to form
a Business Improvement District (BID) or Property-Based Business Improvement District
(PBID) on all or part of the Stevens Creek corridor, to fund marketing, landscaping,
maintenance, and/or other local needs. BIDs and PBIDs are a type of special assessment district in
which business or commercial property owners vote to be assessed a fee to fund programs and projects
within the business area. Typically, a BID or PBID provides resources to develop marketing campaigns,
increase lobbying efforts, secure additional funding, and invest in public improvements and
beautification projects in partnership with a city. By pooling private resources, business owners in BIDs
collectively pay for activities that they could not afford on an individual basis. A BID or PBID on
Stevens Creek Boulevard (or on some segment of the corridor) could pay for these types of activities,
potentially including some of the landscaping and other streetscape improvements identified in the
Heart of the City Specific Plan (see discussion under Strategy 8, below).
o Lead Agencies: Planning and Economic Development
o Partners: Stevens Creek Business Owners and/or Property Owners
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Final Economic Development Strategic Plan | September 13, 2016 25
Category 3 Actions:
7.4 Provide grants or loans to retail property owners and/or tenants to encourage them to upgrade
their façades. Façade improvement programs provide matching grants or loans to incentivize retail
property owners and/or tenants to invest in improvements to the exterior of their buildings. Typical
improvements include new paint, installation or replacement of signs or awnings, and refurbishments
to non-structural architectural features (e.g., trim, cornices, windows, etc.). In order to receive a grant
or loan, applicants must meet certain criteria such as contributing a matching amount of money to the
project, complying with local design guidelines, and receiving all necessary city permits. In addition to
providing funding, some programs also provide design assistance to ensure that façade improvements
meet city standards. Façade improvement programs are often targeted to a particular district, such as a
downtown or major retail corridor. In Cupertino, this type of program could be targeted to Stevens
Creek Boulevard to help achieve the goals of the Heart of the City Specific Plan. Prior to 2011, most
façade improvement programs in California were funded by redevelopment agencies. Since the
dissolution of redevelopment in 2011, however, some cities have managed to find other funding
sources, including Santa Cruz and Dublin (profiles in the text box below).
o Lead Agencies: Planning and Economic Development
o Partners: Property Owners, Retail Businesses
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Final Economic Development Strategic Plan | September 13, 2016 26
Case Study: City of Santa Cruz Façade
Improvement Program
Since 1994, the City of Santa Cruz has offered
grants for façade improvements to its retail
businesses, with over 100 grants disbursed since
the program’s inception benefitting more than 260
small business establishments. Any ground floor
retail business (or commercial property
containing such a business) can apply for a grant,
as long as each storefront benefiting from
improvements has at least three years remaining
on its lease. While the program prioritizes painting
entire buildings, improving public safety lighting,
and anti-graffiti measures, signs, awnings, and
landscaping can also be funded as part of an
overall façade improvement project. Grants are
available for up to $10,000 for the entire project,
and up to $5,000 matching grant per storefront.
Up to $1,000 is provided for a City-selected
designer. The grant program is paid for with the
City’s General Fund.
Case Study: City of Dublin Sales Tax
Reimbursement Program.
Enacted in 2009, the Sales Tax Reimbursement
Program in the City of Dublin reimburses up to
fifty percent of the net new sales tax paid to the
city after eligible physical improvements have
been made to retail businesses. Participants
generating between $100,000 and $500,000 in
net new annual sales tax revenue are eligible for
annual reimbursements over five years, up to the
total costs of improvements. Participants
generating over $500,000 are eligible for annual
reimbursements over ten years. Costs covered
by the program include exterior improvements,
interior tenant improvements, and site
improvements such as parking and landscaping.
A participant in the program ordinarily needs to be
a business newly locating in Dublin, not an
existing business.
Sources: Economic Development and Redevelopment Department, City of Santa Cruz
http://cityofsantacruz.com/departments/economic-development/business-support/facade-improvement-program;
“Grant puts new face on riot-damaged business; City's Facade Improvement Program has helped 240 other sites”,
Santa Cruz Sentinel, 2010 http://www.santacruzsentinel.com/article/ZZ/20100616/NEWS/100618140; City of
Dublin, http://www.dublinca.gov/1672/City-Incentives.
Santa Cruz Façade Improvement
Program Brochure
Image: Economic Development and
Redevelopment Department, City of Santa Cruz.
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Final Economic Development Strategic Plan | September 13, 2016 27
STRATEGY 8
Support emerging restaurant, entertainment, and shopping clusters that
serve as destinations for workers, residents, and visitors.
Because retail sales taxes are a major contributor to the General Fund, a thriving retail market is important
to the City’s fiscal health. Retail nodes that offer a diverse range of shopping, dining, and entertainment
options can also serve as community gathering places for residents and workers, and help attract new
visitors to the city. Vallco Shopping Mall used to fill this role in Cupertino, and may do so once again when
it is eventually redeveloped (however, Vallco Shopping Mall is subject to a separate Specific Plan process,
and is therefore outside the focus of this Economic Development Strategic Plan). The new Main Street
project also provides some new retail and community space. In addition to continue to monitor the success
of these larger projects, the City can also help support smaller retail and community gathering nodes
throughout Cupertino.
Ongoing City Actions:
8.1 Meet regularly with retail and commercial brokers to answer questions, build relationships, and
get updates on projects. Economic development staff maintain excellent relationships with retail and
commercial brokers who are active in the Cupertino real estate market.
o Lead Agency: Economic Development
8.2 Represent the City at ICSC and other local and regional conferences. Economic Development staff
regularly attend conferences held by the International Council of Shopping Centers (ICSC) and other
local and regional retail recruiting events to market Cupertino to retailers.
o Lead Agency: Economic Development
8.3 Maintain “Eats 95014” app/website and “Cupertino at a Glance” website. “Eats 95014” is a local
restaurant app that showcases Cupertino dining and food opportunities including restaurants, grocery
stores, the farmer's market, and vineyards. The app provides information on store hours, parking
information, noise level, directions, and links to websites. Users can search and sort restaurants by type
of cuisine and services offered. The “Cupertino at a Glance” website provides a map with business
information and website links for Cupertino’s cultural, civic, recreational, and dining facilities.
o Lead Agencies: Economic Development, Communications
Category 1 Actions:
8.4 Work with brokers and retail site selection professionals to market Cupertino to desired tenants,
such as high-end restaurants and comparison retailers, and match retailers with appropriate sites
in Cupertino. Cupertino should continue communicating with brokers and site selection professionals
to inform them of the types of retail that are desired by the community, and to match businesses to
existing properties.
o Lead Agency: Economic Development
o Partners: Retail Brokers, Property Owners, Retail Businesses
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Final Economic Development Strategic Plan | September 13, 2016 28
Category 2 Actions:
8.5 Create a marketing campaign to increase awareness of local retailers and service providers
among workers employed at Cupertino businesses. The City can develop a new campaign to inform
workers in Cupertino about the range of restaurants, retailers, and personal service providers available
in the city in order to encourage them to shop and dine locally and support small businesses. Examples
of promotional materials could include a mobile app featuring local businesses, printed posters, and a
new website.
o Lead Agency: Economic Development
o Partners: Major Employers, Local Retail Businesses
8.6 Seek out social media partnerships to promote shopping local. There are many examples of cities
partnering with private companies such as Yelp and American Express to promote local shopping
events that could be models for Cupertino (see text box examples, below).
o Lead Agency: Economic Development
Case Study: Yelp Shop Local Pledge
In 2012, Yelp created a program to encourage users to shop at independent retailers in their local
areas for the holiday season. Users were asked to pledge to shop locally. For participants in the
South Bay/Peninsula area, Yelp sponsored several events to promote independent retailers, such
as happy hours and pop up events.
Case Study: American Express Shop Small and Small Business Saturday
Shop Small is a program sponsored by American Express to promote small businesses.
Participants in the free program can get personalized marketing materials and other assistance
promoting their businesses through the platform as well as a listing on the Shop Small Map.
“Neighborhood Champions” are local business associations, chambers of commerce, or other
community organizers that organize events to promote Small Business Saturday, the first Saturday
after the Thanksgiving holiday. In the past, American Express has offered credits for purchases
made on that day.
Sources: Yelp Official Blog, 2012, https://www.yelpblog.com/2012/12/get-your-local-shop-on-with-yelp-this-holiday-
season; American Express Shop Small, https://www.americanexpress.com/us/small-business/shop-small/.
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Final Economic Development Strategic Plan | September 13, 2016 29
STRATEGY 9
Develop policies for regulating food trucks and other mobile services,
including the types of mobile services that are permitted, the locations and
times when they may operate, and measures for mitigating environmental,
traffic, and other impacts.
Mobile services include food trucks, mobile auto care services, mobile dry cleaning, and any other goods
and services offered from a vehicle. These services create an opportunity to fill existing gaps in services,
stimulate economic activity, and activate underutilized spaces with events and programming. In Silicon
Valley, many major corporations regularly host mobile vendors on campus in order to provide convenient
services for workers. However, the increasing popularity of mobile services has also raised concerns in
many communities about public safety, sanitation, traffic, and competition with existing brick-and-mortar
businesses. Many California cities are revisiting their regulatory framework to ensure that mobile services
can continue to provide needed goods and services without detracting from local businesses or the
community’s quality of life.
Ongoing City Efforts:
9.1 Issue limited special events permits for food truck events, and require mobile service vendors to
apply for a Cupertino business license in order to operate in the City. Currently, Cupertino
companies or other organizations can apply for up to four special events permits per year to host food
truck or other mobile services events. Food trucks are required to obtain a Cupertino business license
in order to operate in the City.
o Lead Agencies: Planning, Economic Development
9.2 Support the weekly Off the Grid food truck festival in the Whole Foods parking lot. Off the Grid
Cupertino is held every Tuesday evening in the Whole Foods parking lot on Stevens Creek Boulevard
and features a rotating assortment of food trucks.
o Lead Agencies: Planning, Economic Development
Category 1 Actions:
9.3 Work with Chamber of Commerce to reach out to mobile service vendors, ensure that they aware
of existing local and state laws and regulations, and involve them in Chamber activities. Currently,
mobile service vendors receive information about joining the Cupertino Chamber of Commerce when
they apply to receive a business license. Planning and Economic Development staff could partner with
Chamber staff to conduct additional, proactive outreach at Off the Grid and other mobile service events,
in order to inform vendors about opportunities to participate in Chamber activities and ensure that
businesses are aware of local and state laws and regulations.
o Lead Agencies: Planning and Economic Development
o Partners: Chamber of Commerce
Category 2 Actions:
9.4 Conduct outreach to Cupertino residents and the local business community on appropriate
locations and regulations for mobile services. Brick-and-mortar business owners sometimes perceive
mobile vendors as having an unfair advantage because they do not pay rent or property taxes, and in
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some instances may avoid paying sales tax as well. Regulating the number of food trucks that can gather
in a particular site or district may help address retailers’ concerns about impacts on local businesses, in
addition to addressing traffic and safety issues. Economic development programs that seek to activate
underutilized areas or attract more street activity (such as the Fremont Street Eats program described
in the text box below) can also help brick-and-mortar retailers recognize an advantage to allowing food
trucks or other mobile services to locate nearby. By conducting outreach to concerned business owners
and residents, the City can help educate stakeholders about the potential impacts of food trucks, and
determine what types of policies or regulations might be best suited for Cupertino.
o Lead Agencies: Planning and Economic Development
o Partners: Retail Businesses, Residents, Mobile Food Vendors
9.5 Develop policies to allow and manage mobile service vendors, which may include a new licensing
and/or permitting process. Policies should be tailored to meet Cupertino’s specific needs and
conditions. For example, based on community and business feedback and further study, the City could
create new licensing or permitting processes that restrict mobile vendors to specific geographic areas
within the city, times of day, or special events. The text box below provides an example of the City of
Mountain View’s recently adopted permitting process for mobile vendors.
o Lead Agencies: Planning and Economic Development
o Partners: Retail Businesses, Residents, Mobile Food Vendors
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Case Study: Mountain View’s Permitting Process for Mobile Vendors
In 2013, the City of Mountain View passed an ordinance to address concerns about traffic flow
and public safety arising from the increased presence of mobile vendors in that community. The
ordinance also streamlined street vendor permitting to account for mobile services operating on
both public and private property, rather than on designated sites. Mountain View’s rules address
safety and congestion by requiring mobile vendors to maintain a minimum distance of 100 feet
from schools, and by limiting vending on private property to a maximum of four hours on a
particular site per day, with no more than three vendors on a property simultaneously. A
separate Temporary Use permitting process was created to allow for longer hours and larger
clusters of vendors at food truck rallies and other special events. In Mountain View’s downtown
area, vendors are prohibited from operating on the most centralized streets. This restriction is
an additional safety measure that also mitigates some of the competitive concerns of brick-and-
mortar stores in that area.
Case Study: Fremont Street Eats
Beginning in 2013, the City of Fremont began working with the Fremont Chamber of Commerce
to establish a weekly food truck event in Downtown Fremont. Fremont Street Eats is now a
weekly event in its third season, sponsored by the Chamber. Street Eats was intended as an
economic development program intended to help activate the Downtown. Many existing
businesses, including small retailers and restaurants, consider the program a successful
economic development effort because it helps bring pedestrian traffic to an area that was
historically underused.
Fremont Street Eats
Image: Fremont Chamber of Commerce
Sources: Interviews with Chris Costanzo, Code Enforcement, City of Mountain View and Jessica von Borck, Deputy
City Manager, City of Fremont; Intuit Network, “Food Trucks Motor Into the Mainstream,” December 2012,
http://network.intuit.com/wp-content/uploads/2012/12/Intuit-Food-Trucks-Report.pdf; Silicon Valley Economic
Development Alliance, Unpublished White Paper.
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ISSUE D: HOSPITALITY
STRATEGY 10
Provide adequate hotel rooms and event venues to support the City's
General Fund and meet business needs.
Transient occupancy taxes (TOT) generated by hotels are a significant source of revenues to the City’s
General Fund. Cupertino’s existing hotels perform very strongly, driven by business travel associated with
the expanding tech sector. Occupancy rates are very high (approaching 90 percent on weekdays), and
business travelers often struggle to find rooms in or near Cupertino unless they book well ahead. In addition,
because of the competition for hotel conference space, Cupertino civic organizations have struggled to find
affordable space for meetings and events. The strong office market, along with Apple’s planned expansion,
suggest that demand for hotel rooms in Cupertino will remain strong for the foreseeable future. Expanding
the supply of hotel rooms and event space could help support Cupertino’s businesses and civic
organizations, and support increased TOT revenues. In addition, enabling more business travelers to stay
in Cupertino could help support local restaurants and other retailers.
Category 1 Actions:
10.1 Monitor the need for additional hotel rooms and meeting space. Continue tracking hotel
occupancy rates and conference bookings to determine whether the hotel supply is meeting demand.
o Lead Agency: Planning, Economic Development
Category 2 Actions:
10.2 Consider increasing allocation for new hotel development, prioritizing proposals that include
ample meeting and event space for businesses and community use. As part of a public benefits
agreement for a new hotel project, the City Council could require developers to set aside low-cost
space for civic and community organizations to hold events and meetings.
o Lead Agency: Planning
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ISSUE E: MARKETING
STRATEGY 11
Develop an integrated approach to marketing Cupertino to brokers,
business owners, and others as a center for innovation and the heart of
Silicon Valley.
Cupertino is well known throughout the region – and the world – as the home of Apple, and the city is
considered a highly prestigious business address second only to the North Valley cities of Palo Alto,
Mountain View, and Menlo Park. The City’s current website and other marketing materials are largely
geared towards highlighting business resources and promoting existing retailers and other local businesses
and organizations. In order to help maintain and expand the City’s reputation and attract a diverse range of
businesses, these materials could be repositioned to communicate more directly to the business community
and market the City’s unique assets, including its innovative tech sector, central location, and highly skilled
workforce.
Ongoing City Actions:
11.1 Continue “Cupertino Business Buzz” electronic business newsletter featuring updates on local
small businesses. The Business Buzz is published on a quarterly basis and highlights business
resources and events as well as city initiatives related to economic development.
o Lead Agency: Economic Development
11.2 Continue to offer the GreenBiz Cupertino program, which provides support to interested
small/mid-size businesses, non-profit organizations, and schools in navigating the statewide
Green Business Program certification process. The City’s GreenBiz team works with businesses
to create a plan for conserving energy and water, minimizing material use and disposal, preventing
pollution, and cutting costs. The team also connects businesses to services, free equipment, and
financial incentives to help achieve certification requirements. The program has been recognized as
a leader in environmental sustainability with awards from ICLEI, the Silicon Valley Leadership
Group, Green Technology, and Acterra.
o Lead Agency: GreenBiz Cupertino
Category 1 Actions:
11.3 Update the City's marketing materials with current economic data. The City’s website and market
materials require regular updating in order to provide more current information on demographics,
employment by sector, and top sales tax producers.
o Lead Agency: Economic Development
11.4 Update the Economic Development and business-related webpages as part of the City's overall
website redesign. Economic Development can partner with the City’s Communications team to
upgrade business-related webpages and ensure consistency with the redesigned City website.
o Lead Agencies: Economic Development, Communications
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11.5 Expand the resources available on the Economic Development website by providing links to or
embedding maps and information from other relevant websites. For example, this could include
the Silicon Valley Economic Development Alliance’s commercial real estate listing website (AREAS
Silicon Valley), and the business resources available on the Santa Clara County Library District’s
website.
o Lead Agencies: Economic Development, Communications
Category 2 Actions:
11.6 Partner with other West Valley cities to develop marketing materials that market the sub-
region as a center of innovation. The City may consider partnering with other West Valley cities,
which share some common characteristics, to broaden the reach of its marketing efforts and
establish the West Valley as a hub of innovation. This coordination could take place through the
Silicon Economic Development Alliance, which is comprised city and county economic
development professionals throughout San Mateo, Santa Clara, Santa Cruz, and southern Alameda
Counties and of which Cupertino is an active member.
o Lead Agency: Economic Development
o Partners: Silicon Valley Economic Development Alliance
Category 3 Actions:
11.7 Develop a brand identity focused on economic development (logo, wordmark, and colors) The
City could develop a new brand identity (separate from the existing citywide identity) to support
economic development initiatives. The brand identity would be intended to communicate Cupertino’s
assets, such as the City’s strengths in the innovation industries, including arts and design. The
marketing identity should be developed through a collaborative process involving focus groups, one-
on-one interviews, and other outreach to the business community to help define a focused marketing
approach. The City may also wish to hire a marketing and communications specialist to assist with
this effort. The text box below provides examples of brand identities developed by the cities of
Fremont, San Jose, and Santa Cruz.
o Lead Agencies: Economic Development, Communications
o Partners: Chamber of Commerce, Businesses
11.8 Redesign the Economic Development website, “Cupertino Business Buzz” electronic business
newsletter, and other marketing efforts with a consistent brand. As part of establishing a
consistent brand for economic development, review existing communications materials to identify
potential areas for improvement, and create new materials as necessary to reflect the brand.
o Lead Agencies: Economic Development, Communications
o Partners: Chamber of Commerce, Businesses
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Final Economic Development Strategic Plan | September 13, 2016 35
Branding and Marketing Campaign in Fremont, Santa Cruz, and San Jose
In 2013, Fremont commissioned a communications consulting firm to help with a media
relations campaign. This effort led to the creation of a state-of-the-art website,
thinksiliconvalley.com, devoted to the City’s economic development communications. The
website introduces and reinforces a branding message that closely associates the City with
Silicon Valley, by dubbing Fremont “Silicon Valley East.”
Other cities looking to attract business investment, such as Santa Cruz and San Jose, have
also rolled out visually appealing web presences that rely on many of the principles a typical
startup venture would use. Common to all these websites are a prominent brand message
(San Jose is “The Capital of Opportunity”, while Santa Cruz is “Where Work & Culture
Converge”), vivid imagery (particularly through photographs), and evolving content, though
a blog, newsfeed, and links to social media.
Sources: “Hitching website wagon to tech capital puts Fremont on the map”, Ragan’s PR Daily; City of Fremont,
http://thinksiliconvalley.com; City of San Jose,http://sjeconomy.com; City of Santa Cruz,
http://choosesantacruz.com.
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IV. APPENDIX: MATRIX OF STRATEGIES AND IMPLEMENTATION ACTIONS
Key Issues, Strategies, and Menu of Potential Action Items
Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Issue A: Connectivity and Place-Making
Strategy 1. Invest in public realm
improvements to support the
development of the City’s
commercial/retail and mixed-use
areas as pedestrian-oriented
corridors.
1.1 Implement the land use
and design guidelines from the
Heart of the City Specific Plan;
require new development to
contribute to planned
streetscape and infrastructure
improvements.
1.2 Implement the land use
and transportation policies in
the General Plan and
Conceptual Plans to ensure
that site, building, street, and
streetscape design support the
City’s goals for community
character and connectivity.
1.3 Support community programming
at activity centers along major
corridors.
1.4 Develop an implementation plan
for improving major corridors such as
Stevens Creek Boulevard, including
identifying phasing and specific
funding sources for planned
improvements.
1.5 Pursue grants for streetscape and
other improvements as they become
available.
1.6 Allocate funds in the City's capital
improvement program to implement
landscaping, pedestrian, and other
infrastructure improvements
envisioned in the Heart of the City
Specific Plan and other Conceptual
Plans.
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Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Strategy 2. Support local and
regional transportation
improvements that improve
transit, pedestrian and bicycle
connections to employment and
activity centers in Cupertino.
2.1 Implement and regularly
update the Bicycle
Transportation Plan, including
pursuing grants as they
become available.
2.2 Require major employers
to meet transportation demand
management goals.
2.3 Actively participate in
regional transportation
planning processes and
advocate for decisions that
meet Cupertino's needs.
2.4 Work with Caltrans and the
Santa Clara Valley
Transportation Authority to
explore new regional transit
options, such as on Highway
85.
2.5 Work with major employers to
leverage corporate transportation
programs (e.g., shuttles, bike share) to
benefit the community as a whole.
2.6 Work with regional and county
agencies to explore new funding
sources for local and regional transit
improvements.
2.7 Pursue grants for high priority
transportation projects as they
become available.
2.8 Prioritize investments in bicycle,
pedestrian, and other transportation
improvements that connect workers
and workplaces with local retailers.
2.9 As part of the approvals process
for large commercial development
projects, design a community benefits
policy that encourages projects to
provide transportation demand
management programs, potentially
including a community shuttle.
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Final Economic Development Strategic Plan | September 13, 2016 38
Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Issue B: Support Growth of Small and Midsize Businesses
Strategy 3. Facilitate the
development of new office and
industrial/flex space for small and
midsize companies to expand in
Cupertino.
3.1 Encourage office
developers to reserve space for
small offices.
3.2 Increase allocation for office
development for mid-size businesses
in the 20,000-100,000 sq. ft. range.
3.3 Create a new development
allocation category for innovation
space.
3.4 Consider establishing a new
“Innovation District” in the Bubb Road
and/or Bandley Drive/Valley Green
Drive areas.
3.5 Review and update land uses in
the zoning designations related to
Office and Industrial uses to adapt to
current and future business needs.
3.6 Allow for the conversion of
underutilized ground floor retail space
to office space.
3.7 Conduct parking study to review
parking ratios for retail/ commercial/
office uses.
• Allowing for the conversion of
underutilized ground floor retail
space to office space may require a
zoning change in some locations,
such as in the Heart of the City
Specific Plan area.
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Final Economic Development Strategic Plan | September 13, 2016 39
Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Strategy 4. Support development
of business incubator,
accelerator, coworking, shared,
and "on-demand" workplaces
4.1 Allow for the conversion of
underutilized ground floor retail space
to incubator or coworking uses.
4.2 Seek out partnerships for
developing a new small business
incubator or accelerator, and
consider contributing City funds if
needed.
• Note that the conversion of retail
space for other, higher-intensity uses
may require property owners to make
investments to serve such
businesses. See Strategy 7 for
discussion of property owner
incentives.
Strategy 5. Continue and
strengthen visitation and
outreach programs for small and
midsize businesses (fewer than
250 employees).
5.1 Conduct outreach to
existing businesses, including
regularly visiting local
businesses to discuss
programs, events, and/or
incentives that may be of
interest.
5.2 Distribute and regularly
update “How to Start Your
Business in Cupertino” booklet.
5.3 Continue to host the annual
Small Business Symposium.
5.4 Provide assistance to new and
expanding businesses with obtaining
needed permits and licenses from the
City and other agencies.
5.5 Identify growing, small and midsize
companies that are at risk of moving
out of Cupertino as they expand, and
focus existing business retention
efforts on these companies.
5.6 Work with local brokers to match
growing companies to space in
Cupertino.
5.7 Conduct an online survey of
existing businesses to determine key
advantages and disadvantages of
doing business in Cupertino.
5.8 Conduct regular outreach to
growing small and midsize
businesses to determine what
services would help them expand in
Cupertino, including individual visits,
roundtables or focus groups, and
citywide events.
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Final Economic Development Strategic Plan | September 13, 2016 40
Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Strategy 6. Develop a cohesive
business support network
offering technical assistance and
access to financing, with a focus
on enabling growing businesses
to stay in Cupertino.
6.1 Meet regularly with local
and regional business
organizations and technical
assistance providers to build
partnerships.
6.2 Continue to hold quarterly
meetings with Economic
Development Committee.
6.3 Explore additional opportunities to
connect small businesses with existing
micro-credit providers or other small
business lenders.
6.4 Partner with technology programs
at De Anza College and at middle
and high schools to connect students
to Cupertino businesses. Students
could offer technical support in
building websites and applications,
participating in hackathons, and other
activities.
6.5 Establish the City of Cupertino as
a Kiva Zip trustee to find and endorse
local businesses seeking to borrow
money on the Kiva Zip website.
(Trustees have no financial liability for
loans and do not handle the loans,
but their reputation is tied to the
repayment rate of the borrowers they
endorse.)
6.6 Contract with business
assistance providers to provide
targeted services to Cupertino
businesses, or hire staff and provide
services in-house.
6.7 Provide seed capital to start a
revolving loan fund to provide small
loans for small and midsize
businesses in Cupertino for business
expansion and other business needs.
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Final Economic Development Strategic Plan | September 13, 2016 41
Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Issue C: Retail Support and Development
Strategy 7. Work with retail
property owners and tenants to
revitalize and upgrade aging
shopping centers on Stevens
Creek Boulevard.
7.1 Provide incentives in key
locations for upgrading or intensifying
retail and/or replacing retail with
mixed-use development.
7.2 Develop design standards for
retail space in mixed-use
developments to ensure that new
retail space contributes to the desired
look and feel of the community, and
functions well for retailers.
7.3 Conduct outreach to Stevens
Creek property and business owners
to explore the potential to form a BID
or PBID on all or part of the Stevens
Creek corridor, to fund marketing,
landscaping, maintenance, and/or
other local needs.
7.4 Provide grants or loans to retail
property owners and/or tenants to
encourage them to upgrade their
façades.
Strategy 8. Support emerging
restaurant, entertainment, and
shopping clusters that serve as
destinations for workers,
residents, and visitors.
8.1 Meet regularly with retail
and commercial brokers to
answer questions, build
relationships, and get updates
on projects
8.2 Represent the City at ICSC
and other local and regional
conferences.
8.3 Maintain “Eats 95014”
app/website and “Cupertino at
a Glance” website
8.4 Work with brokers and retail site
selection professionals to market
Cupertino to desired tenants, such as
high-end restaurants and comparison
retailers, and match retailers with
appropriate sites in Cupertino.
8.5 Create a marketing campaign to
increase awareness of local retailers
and service providers among workers
employed at Cupertino businesses.
8.6 Seek out social media
partnerships to promote shopping
local.
67
Final Economic Development Strategic Plan | September 13, 2016 42
Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Strategy 9. Develop policies for
regulating food trucks and other
mobile services, including the
types of mobile services that are
permitted, the locations and
times when they may operate,
and measures for mitigating
environmental, traffic, and other
impacts.
9.1 Issue limited special events
permits for food truck events,
and require mobile service
vendors to apply for a
Cupertino business license in
order to operate in the City.
9.2 Support the weekly Off the
Grid food truck festival in the
Whole Foods parking lot.
9.3 Work with Chamber of Commerce
to reach out to mobile service vendors,
ensure that they aware of existing
local and state laws and regulations,
and involve them in Chamber
activities.
9.4 Conduct outreach to Cupertino
residents and the local business
community on appropriate locations
and regulations for mobile services.
9.5 Develop policies to allow and
manage mobile service vendors,
which may include a new licensing
and/or permitting process.
Issue D: Hospitality
Strategy 10. Provide adequate
hotel rooms and event venues to
support the City's General Fund
and meet business needs.
10.1 Monitor the need for additional
hotel rooms and meeting space.
10.2 Consider increasing allocation
for new hotel development,
prioritizing proposals that include
ample meeting and event space for
businesses and community use.
68
Final Economic Development Strategic Plan | September 13, 2016 43
Key Issues and Strategies Ongoing City Efforts
Category 1
Actions that require small amounts of
additional staff time
Category 2
Actions that require significant staff
time, and/or legislative action
Category 3
Actions that require additional budget
allocation Notes and Comments
Issue E: Marketing
Strategy 11. Develop an
integrated approach to marketing
Cupertino to brokers, business
owners, and others as a center
for innovation and the heart of
Silicon Valley.
11.1 Continue “Cupertino
Business Buzz” electronic
business newsletter featuring
updates on local small
businesses
11.2 Continue to offer the
GreenBiz Cupertino program,
which provides support to
interested small/mid-size
businesses, non-profit
organizations and schools in
navigating the statewide Green
Business Program certification
process
11.3 Update the City's marketing
materials with current economic data.
11.4 Update the Economic
Development and business-related
webpages as part of the City's overall
website redesign.
11.5 Expand the resources available
on the Economic Development
website by providing links to or
embedding maps and information from
other relevant websites.
11.6 Partner with other West Valley
cities to develop a common message
and coordinate marketing efforts.
11.7 Develop a brand identity
focused on economic development
(logo, wordmark, and colors).
11.8 Redesign the Economic
Development website, “Cupertino
Business Buzz” electronic business
newsletter, and other marketing
efforts with a consistent brand.
69
EDSP City Council Comments and Responses | September 2016 1
Date: September 13, 2016
To: Angela Tsui, City of Cupertino
From: Sujata Srivastava
Project: Cupertino Economic Development Strategic Plan
Subject: City Council Comments and Responses
INTRODUCTION
The Economic Development Strategic Plan (EDSP) is intended to serve as a framework for moving forward
implementation items that support local businesses. The draft EDSP has been finalized based on the
comments received from the City Council Study Session on August 2, 2016.
CITY COUNCIL COMMENTS
Below are the comments and questions received by City Council members during the August 31 study
session. They are followed by further explanation of the strategies and of the revisions that were made to
the document.
Comment 1. Are there mechanisms to allow small and medium sized businesses to occupy existing
Class B space? With the completion of Apple Campus 2, will Apple be freeing up Class B space on
Bubb Road?
It is unknown if Apple will continue to lease space on Bubb Road after the completion of the Apple Campus
2. However, the EDSP offers a variety of action items to encourage office developers to provide spaces for
smaller offices (see Strategy 3 and Strategy 4). Under Action Item 3.4, the establishment of a new
“Innovation District” on Bubb Road and/or the Bandley Drive/Valley Green Drive areas would require a
separate allocation from traditional office square footage, as the intent is to encourage and incentivize the
reuse and rebuilding of existing buildings to create spaces that are appropriate for small to midsize
businesses in sectors such as greentech, biosciences, life sciences, and other creative industries. These uses,
including laboratory space and open work space should be considered different from existing office space.
MEMORANDUM
70
EDSP City Council Comments and Responses | September 2016 2
Comment 2. What are the land use and parking implications of converting ground floor retail to
office space?
Action Item 3.6 of the EDSP calls for the conversion of underutilized ground floor retail space into office
space. In order to implement this action item, there will be a need to make zoning changes in some locations,
such as in the Heart of the City Specific Plan area, which has specific requirements on ground floor retail
uses. To address the parking question, the consultant team has added Action Item 3.7, conducting a review
of parking ratios for retail/commercial/office uses before converting retail into office uses. If deemed
appropriate to change the parking ratios, zoning and regulation changes may be required in some locations,
such as the Heart of the City Specific Plan area.
Comment 3. Conversions of retail to office must be balanced with the importance of maintaining sales
tax revenues.
The proposed Action Item 3.6 would only apply to underutilized or underperforming retail centers that are
not contributing significant sales tax revenues to the City’s General Fund.
Comment 4. Request for consultant to provide more information on the Berkeley Revolving Loan
Fund Program.
The report’s description of the Berkeley Revolving Loan Fund has been expanded to include more
information on the program.
Comment 5. Addressing traffic congestion and transportation issues is a critical component of
economic development and something the City has prioritized.
The implementation actions have been reordered to ensure that any items related to connectivity and place-
making appear first in the document.
Comment 6. The EDSP should connect economic development with opportunities for high school
students to partner with local businesses and learn new skills.
Action Item 6.4 has been revised to encourage partnerships between local middle and high schools, as well
as De Anza College to partner with Cupertino businesses and provide technical support, which could
include designing websites or applications, marketing activities, hack-a-thons, and other activities.
Comment 7. The EDSP should promote arts and design as well as technology.
Action Item 6.4 has been revised to include design and arts programs as potential areas in which local
students can gain skills and provide assistance to Cupertino businesses. In addition, in Action Item 11.7 the
definition of innovation industries explicitly includes arts and design.
Comment 8. The City should promote Cupertino’s agricultural legacy, including its former orchards
and vineyards.
Action Item 11.7 is a potential implementation item related to marketing the City’s unique brand. If the
City moves forward on this item, part of its brand identity could include its history as a former agricultural
center.
71
EDSP City Council Comments and Responses | September 2016 3
Comment 9. Has the City received comments from the Chamber of Commerce on the EDSP?
The Consultant Team and City staff met with the Chamber of Commerce Legislative Action Committee
multiple times to gather input for the EDSP. In addition, the project team has also met
with community stakeholders and the City’s Economic Development Commission throughout the study.
OTHER ISSUES
Implementation Action calls for the development of new policies to allow and manage mobile service
vendors, which may include a new licensing and/or permitting process. In order to develop policies to
regulate and manage mobile services occurring within city limits, a more extensive study is required to
determine issues, including but not limited to, fiscal impacts to existing brick and mortar businesses; the
amount of docking space required per vehicle; how other cities regulate mobile services; and if mobile
services can be restricted to areas a certain distance away from other businesses.
72
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1997 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/26/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment for the
Cupertino City Employees’ Association (CEA)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Section 2: Salary Schedule
B - Section 5: Agency Shop
C - Section 7: Pension
D - Section 8: Insurance Coverage
E - Section 11: Vacation
F - Section 21: Education Reimbursement
G - Section 30: Reopener
H - Section 31: Term
I - Section TBD: Opening Statement
J - Section TBD: Total Comp Element
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:ApprovetheJuly1,2016throughJune30,2019termsandconditionsofemployment
for the Cupertino City Employees’ Association (CEA)
1)AuthorizestafftoamendtheMemorandumofUnderstanding(MOU)fortheCupertinoCity
Employees’ Association (CEA) based on the attached tentative agreements.
2)Authorizestafftomakethenecessarybudgetadjustmentstoensurethattherearesufficient
budget appropriations to cover the costs associated with the negotiated contract.
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
powered by Legistar™73
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment
for the Cupertino City Employees’ Association (CEA).
Recommended Action
1) Authorize staff to amend the Memorandum of Understanding (MOU) for CEA
based on the attached tentative agreements.
2) Authorize staff to make the necessary budget adjustments to ensure that there
are sufficient budget appropriations to cover the costs associated with the
negotiated contract.
Description
The City has reached a tentative agreement with the Cupertino City Employees’
Association (CEA). The negotiated package is within City Council parameters for
the Fiscal Years (FY) 2016 ‐ 2019. Key provisions of the tentative labor agreements
are summarized below:
Term – 3 years, July 1, 2016 through June 30, 2019
Salary
Equity adjustments for any classification found to be below median of
market.
Cost of Living adjustments (COLAs).
Effective October 1, 2016 – 3.50%; includes Employer Paid Misc.
Contribution (EPMC) swaps as discussed in the retirement section
below, 1% for Tier 1 and .75% for Tier 2.
Effective the first full pay period in July 2017 – 3.25%, includes a .75%
EPMC swap for Tier 1 as discussed in the retirement section below.
Effective the first full pay period in July 2018 – 2.50%.
74
Benefits
o Health and Dental changes as noted in the table below. Dental changes
reflect 100% of costs paid by the city in the first year and per dependent
coverage increasing from $1,000 to $2,500 annually. In addition, the City has
eliminated the excess health provision.
o HRA – Effective October 1, 2016, the City has eliminated the HRA
contributions of $163 per month. Employees will be able to keep their
existing banks and the City will continue to pay the administrative fee for
maintaining those banks.
o Benefit deductions will change from bi-weekly to bi-monthly. This will
make deductions consistent with timing of when benefits are paid.
Effective
October 1, 2016
City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 733.39 134.85 868.24
Employee +1 1,246.59 134.85 1,381.44
Employee +2 1,620.57 134.85 1,755.42
January 1, 2018 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 769.95 134.85 904.80
Employee +1 1,308.92 134.85 1,443.77
Employee +2 1,701.60 134.85 1,836.45
January 1, 2019 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 808.45 134.85 943.30
Employee +1 1,374.37 134.85 1,509.22
Employee +2 1,786.68 134.85 1,921.53
Retirement
o Effective October 1, 2016
Tier 1 – Will pay an additional 1% of the Employer Paid Misc.
Contribution (EPMC) for a total of 7.25%
Tier 2 – Will pay an additional .75% of the Employer Paid Misc.
Contribution (EPMC) for a total of 7.00%
Tier 3 – No changes to this tier as they pay 50% of normal costs 6.25%
75
o Effective first full pay period in July 2017
Tier 1 – Will pay an additional .75% of the Employer Paid Misc.
Contribution (EPMC) for a total of 8%
Tier 2 – No changes to this tier cost remain at 7.00%
Tier 3 – No changes to this tier as they pay 50% of normal costs 6.25%
Short Term Disability – City paid short term disability program has a 7 day waiting
period consistent with the State of California’s short term disability program. The
benefit coverage will be 66.67% or up to a weekly max of $1,615. The maximum
benefit period will be 13 weeks and covers short term disability incidents related to
accidents and illness.
Vacation Accruals – Have been increased in 3 of the 5 service time categories as
shown below:
Service Time Annual Accruals Maximum Accrual
0 - 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours
10 – 14 Years 136 160 Hours 272 Hours
15 – 19 Years 160 176 Hours 320 Hours
20 + Years 176 192 Hours 352 Hours
Fiscal Impact
The City will incur a cost of $470,230 in the first year (FY2016-17), an additional cost of
$302,011 in the second year (FY2017-18) and an additional cost of $279,563 in the third
year for a total of $1,051,804 in ongoing costs (starting in FY2018-19). A budget
adjustment for increased costs in the first year is recommended. At the time of the final
budget, costs related to the labor contracts were unknown and not included in the final
budget.
Prepared by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Tentative Agreement – Section 2: Salary Schedule
B. Tentative Agreement – Section 5: Agency Shop
C. Tentative Agreement – Section 7: Pension
D. Tentative Agreement – Section 8: Insurance Coverage
E. Tentative Agreement – Section 11: Vacation
F. Tentative Agreement – Section 21: Education Reimbursement
G. Tentative Agreement – Section 30: Reopener
H. Tentative Agreement – Section 31: Term 76
I. Tentative Agreement – Section TBD: Total Comp element
J. Tentative Agreement – Section TBD: Opening Statement
77
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1998 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/26/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment for the
Unrepresented (Management and Confidential) Employees’ Compensation Program.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Redlined Unrepresented Compensation Program
C - Clean Unrepresented Compensation Program
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:ApprovetheJuly1,2016throughJune30,2019termsandconditionsofemployment
for the Unrepresented (Management and Confidential) Employees’ Compensation Program.
1)AdoptResolutionNo.16-104amendingtheJuly1,2016throughJune30,2019termsand
conditionsofemploymentfortheUnrepresented(ManagementandConfidential)Employees’
Compensation Program.
2)Authorizestafftomakethenecessarybudgetadjustmentstoensurethattherearesufficient
budget appropriations to cover the costs associated with the agreement
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
powered by Legistar™95
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment
for the Unrepresented (Management and Confidential) Employees’ Compensation
Program.
Recommended Action
1) Adopt Draft Resolution No. ____ amending the July 1, 2016 through June 30,
2019 terms and conditions of employment for the Unrepresented (Management
and Confidential) Employees’ Compensation Program.
2) Authorize staff to make the necessary budget adjustments to ensure that there
are sufficient budget appropriations to cover the costs associated with the
agreement.
Description
The City has reached tentative agreements with the Cupertino City Employees’
Association (CEA) and the Operating Engineers Local Union No. 3, AFL‐CIO (OE3).
Similar terms are proposed for the Unrepresented (Management and Confidential)
Employees.
The negotiated package is within City Council parameters for the Fiscal Years (FY)
2016‐2019. Key provisions of the agreements are summarized below:
Term – 3 years, July 1, 2016 through June 30, 2019
Salary
o Cost of Living adjustments (COLAs)
Effective October 1, 2016 – 3.50%, includes Employer Paid Misc.
Contribution (EPMC) swap as discussed in the retirement section
below, 1% for Tier 1 and .75% for Tier 2.
Effective the first full pay period in July 2017 – 3.25%, includes a .75%
EPMC swap for Tier 1 as discussed in the retirement section below
Effective the first full pay period in July 2018 – 2.50%
96
o Market Adjustments – The city retained the services of Koff and Associates
to conduct a salary survey which included base pay and total compensation
to determine if market adjustments to base pay were necessary. Several
classifications within this group were found to be below median of market
when looking at the base pay. These adjustments range from 2% up to 12%.
For any confidential classification, they city will be making the full equity
adjustments effective October 1, 2016. For management classifications, these
equities will be phased in over the three year agreement similar to the
equities that were phased in between 2012-2015 for the City’s other
bargaining units.
Benefits
o Health and Dental changes as noted in the table below. Dental changes
reflect 100% of costs paid by the city in the first year and per dependent
coverage increasing from $1,000 to $2,500 annually. In addition, the City
has eliminated the excess health provision.
o HRA – Effective October 1, 2016, the City has eliminated the HRA
contributions of $163 per month. Employees will be able to keep their
existing banks and the City will continue to pay the administrative fee for
maintaining those banks.
o Benefit deductions will change from bi-weekly to bi-monthly. This will
make deductions consistent with timing of when benefits are paid.
Effective
October 1, 2016
City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 733.39 134.85 868.24
Employee +1 1,246.59 134.85 1,381.44
Employee +2 1,620.57 134.85 1,755.42
January 1, 2018 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 769.95 134.85 904.80
Employee +1 1,308.92 134.85 1,443.77
Employee +2 1,701.60 134.85 1,836.45
97
January 1, 2019 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 808.45 134.85 943.30
Employee +1 1,374.37 134.85 1,509.22
Employee +2 1,786.68 134.85 1,921.53
Retirement
o Effective October 1, 2016
Tier 1 – Will pay an additional 1% of the Employer Paid Misc.
Contribution (EPMC) for a total of 7.25%
Tier 2 – Will pay an additional .75% of the Employer Paid Misc.
Contribution (EPMC) for a total of 7.00%
Tier 3 – No changes to this tier as they pay 50% of normal costs 6.25%
o Effective first full pay period in July 2017
Tier 1 – Will pay an additional .75% of the Employer Paid Misc.
Contribution (EPMC) for a total of 8%
Tier 2 – No changes to this tier cost remain at 7.00%
Tier 3 – No changes to this tier as they pay 50% of normal costs 6.25%
Short Term Disability – City paid short term disability program has a 7 day waiting
period consistent with the State of California’s short term disability program. The
benefit coverage will be 66.67% or up to a weekly max of $1,615. The maximum
benefit period will be 13 weeks and covers short term disability incidents related to
accidents and illness.
Vacation Accruals – Have been increased in 3 of the 5 service time categories as
shown below:
Service Time Annual Accruals Maximum Accrual
0 - 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours
10 – 14 Years 136 160 Hours 272 Hours
15 – 19 Years 160 176 Hours 320 Hours
20 + Years 176 192 Hours 352 Hours
98
Fiscal Impact
The City will incur a cost of $472,850 in the first year (FY2016-17), an additional cost of
$436,241 in the second year (FY2017-18) and an additional cost of $377,495 in the third
year for a total of $1,286,585 in ongoing costs (starting FY2018-19). A budget
adjustment for increased costs in the first year is recommended. At the time of the final
budget costs related to the labor contracts were unknown and not included in the final
budget.
Citywide costs for these labor agreements are summarized in the table below:
Prepared by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A ‐ Draft Resolution amending the Unrepresented Employees’ Compensation Program
B ‐ Redline Unrepresented Employees’ Compensation Program
C – Clean Unrepresented Employees’ Compensation Program
Emploee GroupYear 1 CostsYear 2 CostsYear 3 Costs3 Year Costs
OE3 319,485$ 178,222$ 170,192$ 667,899$
CEA 470,230$ 302,011$ 279,563$ 1,051,804$
UNRP 472,850$ 436,241$ 377,495$ 1,286,585$
Total Costs1,262,565$ 916,474$ 827,250$ 3,006,288$
99
RESOLUTION 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE JULY 1, 2016 THROUGH JUNE 30, 2019 TERMS AND
CONDITIONS OF EMPLOYMENT FOR THE UNREPRESENTED (MANAGEMENT
AND CONFIDENTIAL) EMPLOYEES’ COMPENSATION PROGRAM
WHEREAS, the City Council desires to amend the Unrepresented
Employees’ Compensation Program.
NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation
Program be amended which is incorporated in this resolution by this reference and
attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of October 2016 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino
100
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
Accountant II
Accounting Technician I
Accounting Technician II
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development
Assistant Director of Public Works
Assistant to the City Manager
Building Official
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head)
City Architect
City Clerk
City Engineer
Exhibit B
101
2
Community Relations Coordinator
Deputy Building Official
Deputy City Attorney
Deputy City Clerk
Deputy City Manager
Director of Administrative Services (Department Head)
Director of Community Development (Department Head)
Director of Recreation and Community Services (Department Head)
Director of Public Works
Economic Development Manager
Environmental Programs Manager
Executive Assistant to the City Attorney
Executive Assistant to the City Manager
Finance Manager
GIS Coordinator
GIS Program Manager
Human Resources Assistant
Human Resources Analyst I
Human Resources Analyst II
Human Resources Assistant
Human Resources Manager
Human Resources Technician I
Human Resources Technician II
Information Technology Assistant
Information Technology Manager
Human Resources Manager
Legal Services Manager
Management Analyst
Network Specialist
Park Restoration and Improvement Manager
Permit Center Manager
City PlannerPlanning Manager
Public Information Officer
Public Affairs Director Manager
Public Works Projects Manager
Maintenance SupervisorPublic Works Supervisor
Recreation Manager
Recreation Supervisor
Economic Development Manager
Senior Accountant
Senior Civil Engineer
Senior Recreation Supervisor
Senior Management Analyst
Service Center Superintendent
Sustainability Manager
102
3
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,
6/16, 10/16
103
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.
a.Effective the first full pay period in July 2013after adoption by the City
Council, a 3.5% salary increase will be added to the salary range of each
classification in this unit.
b.Effective the first full pay period in July 2017, a 3.25% salary increase will
be added to the salary range of each classification in this unit.
c.Effective the first full pay period in July 2018, a 2.5% salary increase will
be added to the salary range of each classification in this unit.
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 2016 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. per 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, 10/16
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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.
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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
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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.
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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.
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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
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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 and Community Services 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
City Engineer 250.00
Public Affairs Manager 200.00
Deputy City Manager 200.00
Recreation Supervisor 200.00
Recreation Manager 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,
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11
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, 10/16
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
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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.
COMPENSATORY TIME OFF
At the employee’s discretion, compensatory time (CTO) may be granted for overtime
worked at the rate of time and one-half for each hour worked in lieu of compensation in cash.
Employees, who have previously earned CTO, shall be allowed to schedule CTO at the
employee’s discretion provided (1) that prior supervisory approval has been obtained and (2) the
request is made in writing.
CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding
80 hours will be paid at the rate of time and one-half. An employee may carry over the unused
balance into the next calendar year. Any unused carryover balance will be automatically paid out
at the end of the calendar year.
An employee may exercise his/her option twice each calendar year to convert any/or all
accumulated compensatory time to cash.
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, 10/16
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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 any
employees hired after July 1, 2005.
Medical Insurance Coverage Level City Contribution
Employee 702.00
Employee + 1 762.00
Employee +2 802.00
October 1, 2016 City Max Health
Contribution
City Max Dental
Contribution*
City Total Max
Contribution
Employee 733.39 134.85 868.24
Employee +1 1246.59 134.85 1381.44
Employee +2 1620.57 134.85 1755.42
January 1, 2018 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 769.95 134.85 904.80
Employee +1 1308.92 134.85 1443.77
Employee +2 1701.60 134.85 1836.45
January 1, 2019 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 808.45 134.85 943.30
Employee +1 1374.37 134.85 1509.22
Employee +2 1786.68 134.85 1921.53
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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.
*Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is
capped at $2,500.00 per dependent per annual plan year for the term of this contract.
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, 10/16
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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
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City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 9
LIFE, AND LONG TERM DISABILITY INSURANCE, AND SHORT 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, 10/16
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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
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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.
Effective the first full pay period after adoption of this agreement by the City Council, the City
agrees to pay the employee’s contribution rate to the California Public Employees Retirement
System (CalPERS) not to exceed .75% of applicable salary and each employee agrees to pay
7.25% of applicable salary.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of
applicable salary of the employee’s contribution towards 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.
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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.
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.
Effective the first full pay period after and adoption of this agreement by the City Council, the
City shall not pay the employee’s contribution rate to the California Public Employees
Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of
the employee’s contribution towards 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, 10/16
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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 $78.26134.85*
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.
*Dental Coverage: Effective the first month after Council adoption of agreement, dental
coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.
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, 10/16
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City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The department heads shall receive forty (4080) hours of administrative leave with pay
per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards
Act shall receive twenty-four (2440) hours of administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times 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, 10/16
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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
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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 5.24 136 160 Hours 272 Hours
15 – 19 Years 6.16 160 176 Hours 320 Hours
20 + Years 6.77 176 192 Hours 352 Hours
An employee may accrue no more vacation credit than twice the annual rate being
earnedwhat is listed above.
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, 10/16
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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.
15-092.
Adopted by Action of the City Council
July 7, 1997
Revised 7/99, 7/10, 8/12, 10/15
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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
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City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
WORK OUR OF CLASSIFICATION/WORK IN DUAL CLASSIFICATION
Work Out of Classification – Temporary assignment, approved in advance by the department
head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the
higher classification or at a rate five (5) percent greater than that of the regular position,
whichever is greater, for the number of hours assigned. In order to qualify for out-of-
classification pay, an employee shall work a minimum of eight (8) hours per day in the
temporary assignment.
Out of classification compensation shall not be used as a substitute for the permanent
classification or reclassification of positions. An employee may be assigned to work in a higher
class when there is a vacant position, either temporary (incumbent on leave of absence) or
permanent (vacant position which has not been filled), or when an employee assumes
additional work that would otherwise be performed by consultants which results in a cost
savings to the City. All requests for out of classification compensation must be approved by the
Human Resources Director. Persons approved to work out of class will continue to receive
salary step adjustments in their regular classification based upon satisfactory performance. The
out of class salary step will be adjusted accordingly in accordance to the policy set forth herein
when the employee’s salary in the permanent classification is adjusted.
Work in Dual Classifications – The City Manager may, in his or her sole discretion, grant a pay
differential up to five percent (5%) above the higher base salary to an employee assigned by the
City Manager to perform all of the duties of another position in addition to the employee’s
regular duties, provided that a differential of dual assignments under this provision shall only
be paid where the additional assignment is to a position equivalent to the level of the
employee’s regular position in a different department or division than the employee’s regular
classification, the duration of the additional assignment is for a period of one or more months,
and the published base salary for the equivalent level position is the same or lower than the
published salary for the employee’s current classification such that the employee does not
quality for working out of class pay.
Adopted by Action of the City Council
October 2016
Revised
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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. 15-099 )
Amended 6/21/16 (Res. No. 16- )
Amended 10/4/16 (Res. No. )
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28
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
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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
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City Planner $9,680 $10,164 $10,672 $11,206 $11,766
Deputy City Attorney $8,227 $8,638 $9,070 $9,524 $10,000
Economic Development Mgr $9,630 $10,111 $10,617 $11,147 $11,705
Environmental Programs Manager $7,909 $8,305 $8,720 $9,156 $9,614
Finance Manager $9,802 $10,292 $10,807 $11,347 $11,914
Human Resources Manager $9,802 $10,292 $10,807 $11,347 $11,914
Information Technology Manager $9,311 $9,776 $10,265 $10,778 $11,317
Park Restoration and Improvement
Manager $9,468 $9,941 $10,438 $10,960 $11,508
Public Affairs Director $9,311 $9,776 $10,265 $10,778 $11,317
Public Works Project Manager $8,188 $8,598 $9,027 $9,479 $9,953
Public Works Supervisor $7,224 $7,586 $7,965 $8,363 $8,781
Recreation Supervisor $7,060 $7,413 $7,783 $8,172 $8,581
Senior Civil Engineer $9,718 $10,204 $10,715 $11,250 $11,813
Senior Management Analyst $7,659 $8,042 $8,445 $8,867 $9,310
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
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Sustainability Manager $8,008 $8,408 $8,829 $9,270 $9,734
CITY OF CUPERTINO
CLASSES AND POSITIONS BY PAY GRADE
CONFIDENTIAL CLASSIFICATIONS
EFFECTIVE JULY 1, 2013 – JUNE 30, 2016
Salary Effective July 1, 2013
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant $6,258 $6,571 $6,900 $7,245 $7,607
Accounting Technician $5,780 $6,069 $6,373 $6,691 $7,026
Administrative Assistant $5,195 $5,454 $5,727 $6,014 $6,314
Community Relations Coordinator $5,989 $6,288 $6,603 $6,933 $7,279
Deputy City Clerk $5,365 $5,633 $5,915 $6,211 $6,521
Executive Assistant to the City Manager $5,733 $6,019 $6,320 $6,636 $6,968
GIS Coordinator $6,059 $6,361 $6,680 $7,014 $7,364
Human Resources Analyst $6,320 $6,636 $6,968 $7,316 $7,682
Human Resources Analyst II $6,968 $7,316 $7,682 $8,066 $8,470
Human Resources Assistant $4,894 $5,138 $5,395 $5,665 $5,948
Human Resources Technician $5,780 $6,069 $6,373 $6,691 $7,026
Human Resources Technician II $6,373 $6,691 $7,026 $7,377 $7,746
I.T. Assistant $5,007 $5,257 $5,520 $5,796 $6,086
Legal Services Manager $5,739 $6,026 $6,327 $6,644 $6,976
Management Analyst $6,811 $7,152 $7,509 $7,885 $8,279
Network Specialist $6,612 $6,942 $7,289 $7,654 $8,036
Web Specialist $6,487 $6,811 $7,152 $7,509 $7,885
Salary Effective July 1, 2014
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant I $5,804 $6,094 $6,399 $6,719 $7,055
Accountant II $6,399 $6,719 $7,055 $7,407 $7,778
Accounting Technician I $5,438 $5,710 $5,996 $6,296 $6,610
Accounting Technician II $5,996 $6,296 $6,610 $6,941 $7,288
Administrative Assistant $5,273 $5,536 $5,813 $6,104 $6,409
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
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Human Resources Technician II $5,996 $6,296 $6,610 $6,941 $7,288
I.T. Assistant $5,332 $5,599 $5,879 $6,173 $6,482
Legal Services Manager $5,961 $6,259 $6,572 $6,901 $7,246
Management Analyst $7,143 $7,500 $7,875 $8,269 $8,682
Network Specialist $6,821 $7,162 $7,520 $7,896 $8,291
Senior Accountant $7,407 $7,778 $8,167 $8,575 $9,004
Web Specialist $6,584 $6,913 $7,259 $7,622 $8,003
Salary Effective July 1, 2015
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Accountant I $5,930 $6,227 $6,538 $6,865 $7,208
Accountant II $6,538 $6,865 $7,208 $7,569 $7,947
Accounting Technician I $5,506 $5,782 $6,071 $6,374 $6,693
Accounting Technician II $6,071 $6,374 $6,693 $7,028 $7,379
Administrative Assistant $5,339 $5,606 $5,886 $6,180 $6,489
Community Relations Coordinator $6,154 $6,462 $6,785 $7,125 $7,481
Deputy City Clerk $6,222 $6,534 $6,860 $7,203 $7,563
Executive Assistant to the City Manager $6,162 $6,470 $6,794 $7,133 $7,490
GIS Coordinator $6,589 $6,919 $7,265 $7,628 $8,010
Human Resources Analyst $6,989 $7,339 $7,706 $8,091 $8,496
Human Resources Analyst II $7,706 $8,091 $8,496 $8,920 $9,366
Human Resources Assistant $5,049 $5,302 $5,567 $5,845 $6,138
Human Resources Technician I $5,506 $5,782 $6,071 $6,374 $6,693
Human Resources Technician II $6,071 $6,374 $6,693 $7,028 $7,379
I.T. Assistant $5,718 $6,004 $6,304 $6,620 $6,951
Legal Services Manager $6,208 $6,518 $6,844 $7,187 $7,546
Management Analyst $7,525 $7,901 $8,296 $8,711 $9,147
Network Specialist $7,046 $7,399 $7,769 $8,157 $8,565
Senior Accountant $7,569 $7,947 $8,345 $8,762 $9,200
Web Specialist $6,666 $7,000 $7,350 $7,717 $8,103
AMENDED November 13, 2013
Salary Effective November 13, 2013
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Assistant Director of Community
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 $10,101 $10,606 $11,137 $11,694 $12,278
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Development
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
AMENDED July 1, 2016
Salary Effective July 1, 2016
Classification Step 1 Step 2 Step 3 Step 4 Step 5
Business Systems Analyst/Program
Manager $7,047 $7,399 $7,769 $8,157 $8,565
City Engineer $11,873 $12,467 $13,090 $13,745 $14,432
Deputy City Manager $10,757 $11,295 $11,859 $12,452 $13,075
GIS Program Manager $8,198 $8,608 $9,039 $9,490 $9,965
Maintenance Supervisor $7,315 $7,680 $8,065 $8,468 $8,891
Public Information Officer $8,129 $8,535 $8,962 $9,410 $9,881
ATTACHMENT A
CLASSES AND POSITIONS BY PAY GRADE
EFFECTIVE OCTOBER 1, 2016 – JUNE 30, 2019
Salary Effective October 1, 2016
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $35.41 $37.18 $39.04 $41.00 $43.05
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ACCOUNTANT II $39.04 $40.99 $43.04 $45.19 $47.45
ACCOUNTING TECHNICIAN $36.25 $38.06 $39.96 $41.96 $44.06
ADMINISTRATIVE ASSISTANT $31.88 $33.47 $35.15 $36.91 $38.75
ASSISTANT CITY ATTORNEY $71.89 $75.49 $79.26 $83.23 $87.39
ASSISTANT CITY MGR - COMM DEV $90.22 $94.74 $99.47 $104.45 $109.67
ASSISTANT DIRECTOR COMM DEV $63.09 $66.25 $69.56 $73.04 $76.69
ASSISTANT TO THE CITY MANAGER $50.48 $53.01 $55.66 $58.44 $61.36
ASST DIR PUBLIC WORKS ENG $67.15 $70.51 $74.04 $77.74 $81.62
BUILDING OFFICIAL $57.31 $60.18 $63.19 $66.35 $69.66
BUSINESS SYSTEMS ANALYST $45.02 $47.27 $49.64 $52.12 $54.73
CAPITAL IMPV PROGRAM MGR $57.24 $60.11 $63.11 $66.27 $69.58
CITY ARCHITECT $46.68 $49.01 $51.46 $54.03 $56.74
CITY CLERK $53.60 $56.28 $59.09 $62.05 $65.15
CITY ENGINEER $63.95 $67.15 $70.51 $74.04 $77.74
CITY PLANNER $59.63 $62.61 $65.74 $69.03 $72.48
COMMUNITY RELATIONS COORDINATOR $36.75 $38.59 $40.52 $42.55 $44.67
DEPARTMENT HEAD $77.44 $81.32 $85.38 $89.65 $94.13
DEPUTY BUILDING OFFICIAL $53.64 $56.32 $59.13 $62.09 $65.19
DEPUTY CITY ATTORNEY $51.73 $54.32 $57.03 $59.88 $62.88
DEPUTY CITY CLERK $38.25 $40.16 $42.17 $44.28 $46.49
DEPUTY CITY MANAGER $61.96 $65.06 $68.31 $71.72 $75.31
DIRECTOR OF PUBLIC WORKS $82.02 $86.12 $90.43 $94.95 $99.70
ECONOMIC DEVELOPMENT MANAGER $59.00 $61.95 $65.04 $68.29 $71.71
ENVIRONMENTAL PROGRAMS MANAGER $49.73 $52.22 $54.83 $57.57 $60.45
EXEC ASST TO CITY MANAGER $36.80 $38.64 $40.57 $42.60 $44.73
EXEC ASST TO THE CITY ATTNY $35.90 $37.69 $39.58 $41.56 $43.64
FINANCE MANAGER $61.03 $64.09 $67.29 $70.66 $74.19
GIS COORDINATOR $39.35 $41.32 $43.38 $45.55 $47.83
GIS PROGRAM MANAGER $48.95 $51.40 $53.97 $56.67 $59.50
HUMAN RESOURCE ANALYST I $41.66 $43.74 $45.93 $48.23 $50.64
HUMAN RESOURCES ANALYST II $45.93 $48.23 $50.64 $53.17 $55.83
HUMAN RESOURCES ASSISTANT $26.47 $27.80 $29.19 $30.65 $32.18
HUMAN RESOURCES MANAGER $61.03 $64.09 $67.29 $70.66 $74.19
HUMAN RESOURCES TECHNICIAN $36.25 $38.06 $39.96 $41.96 $44.06
I.T. ASSISTANT $34.15 $35.85 $37.65 $39.53 $41.51
INFORMATION TECHNOLOGY MANAGER $59.34 $62.30 $65.42 $68.69 $72.12
LEGAL SERVICES MANAGER $37.07 $38.93 $40.87 $42.92 $45.06
MANAGEMENT ANALYST $42.02 $44.12 $46.33 $48.64 $51.07
NETWORK SPECIALIST $45.02 $47.27 $49.64 $52.12 $54.73
PARK RESTORATION IMPV MGR $57.24 $60.11 $63.11 $66.27 $69.58
PERMIT CENTER MANAGER $53.64 $56.32 $59.13 $62.09 $65.19
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PUBLIC AFFAIRS MANAGER $52.18 $54.79 $57.53 $60.41 $63.43
PUBLIC INFORMATION OFFICER $50.48 $53.01 $55.66 $58.44 $61.36
PUBLIC WORKS PROJECT MANAGER $50.32 $52.83 $55.48 $58.25 $61.16
PUBLIC WORKS SUPERVISOR $43.68 $45.86 $48.16 $50.57 $53.09
RECREATION MANAGER $47.06 $49.41 $51.88 $54.48 $57.20
RECREATION SUPERVISOR $42.68 $44.82 $47.06 $49.41 $51.88
SENIOR ACCOUNTANT $45.20 $47.46 $49.83 $52.32 $54.94
SENIOR CIVIL ENGINEER $60.07 $63.07 $66.23 $69.54 $73.01
SENIOR MANAGEMENT ANALYST $45.93 $48.23 $50.64 $53.17 $55.83
SERVICE CENTER SUPERINTENDENT $55.46 $58.24 $61.15 $64.21 $67.42
SUSTAINABILITY MANAGER $49.73 $52.22 $54.83 $57.57 $60.45
WEB SPECIALIST $39.81 $41.80 $43.89 $46.08 $48.39
Salary Effective First Full Pay Period in July
2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $36.56 $38.39 $40.31 $42.33 $44.44
ACCOUNTANT II $40.31 $42.32 $44.44 $46.66 $48.99
ACCOUNTING TECHNICIAN $37.43 $39.30 $41.26 $43.33 $45.49
ADMINISTRATIVE ASSISTANT $32.92 $34.56 $36.29 $38.10 $40.01
ASSISTANT CITY ATTORNEY $75.17 $78.93 $82.88 $87.02 $91.37
ASSISTANT CITY MGR - COMM DEV $96.88 $101.73 $106.81 $112.15 $117.76
ASSISTANT DIRECTOR COMM DEV $67.75 $71.14 $74.69 $78.43 $82.35
ASSISTANT TO THE CITY MANAGER $54.21 $56.92 $59.76 $62.75 $65.89
ASST DIR PUBLIC WORKS ENG $72.11 $75.71 $79.50 $83.47 $87.65
BUILDING OFFICIAL $59.18 $62.13 $65.24 $68.50 $71.93
BUSINESS SYSTEMS ANALYST $46.49 $48.81 $51.25 $53.81 $56.50
CAPITAL IMPV PROGRAM MGR $59.10 $62.06 $65.16 $68.42 $71.84
CITY ARCHITECT $48.19 $50.60 $53.13 $55.79 $58.58
CITY CLERK $55.34 $58.11 $61.01 $64.06 $67.27
CITY ENGINEER $68.67 $72.11 $75.71 $79.50 $83.47
CITY PLANNER $61.57 $64.64 $67.88 $71.27 $74.83
COMMUNITY RELATIONS COORDINATOR $37.95 $39.84 $41.84 $43.93 $46.12
DEPARTMENT HEAD $83.16 $87.32 $91.68 $96.27 $101.08
DEPUTY BUILDING OFFICIAL $55.38 $58.15 $61.06 $64.11 $67.31
DEPUTY CITY ATTORNEY $54.09 $56.79 $59.63 $62.62 $65.75
DEPUTY CITY CLERK $39.49 $41.46 $43.54 $45.71 $48.00
DEPUTY CITY MANAGER $66.32 $69.63 $73.12 $76.77 $80.61
DIRECTOR OF PUBLIC WORKS $88.08 $92.48 $97.10 $101.96 $107.06
ECONOMIC DEVELOPMENT MANAGER $60.91 $63.96 $67.16 $70.51 $74.04
ENVIRONMENTAL PROGRAMS MANAGER $53.40 $56.07 $58.88 $61.82 $64.91
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EXEC ASST TO CITY MANAGER $37.99 $39.89 $41.89 $43.98 $46.18
EXEC ASST TO THE CITY ATTNY $37.07 $38.92 $40.87 $42.91 $45.05
FINANCE MANAGER $63.02 $66.17 $69.48 $72.95 $76.60
GIS COORDINATOR $40.63 $42.66 $44.79 $47.03 $49.38
GIS PROGRAM MANAGER $50.54 $53.07 $55.72 $58.51 $61.44
HUMAN RESOURCE ANALYST I $43.02 $45.17 $47.42 $49.80 $52.29
HUMAN RESOURCES ANALYST II $47.42 $49.80 $52.29 $54.90 $57.65
HUMAN RESOURCES ASSISTANT $27.33 $28.70 $30.14 $31.64 $33.23
HUMAN RESOURCES MANAGER $63.02 $66.17 $69.48 $72.95 $76.60
HUMAN RESOURCES TECHNICIAN $37.43 $39.30 $41.26 $43.33 $45.49
I.T. ASSISTANT $35.26 $37.02 $38.87 $40.81 $42.86
INFORMATION TECHNOLOGY MANAGER $61.33 $64.39 $67.61 $70.99 $74.54
LEGAL SERVICES MANAGER $38.28 $40.19 $42.20 $44.31 $46.53
MANAGEMENT ANALYST $43.38 $45.55 $47.83 $50.22 $52.73
NETWORK SPECIALIST $46.49 $48.81 $51.25 $53.81 $56.50
PARK RESTORATION IMPV MGR $59.10 $62.06 $65.16 $68.42 $71.84
PERMIT CENTER MANAGER $55.38 $58.15 $61.06 $64.11 $67.31
PUBLIC AFFAIRS MANAGER $53.88 $56.57 $59.40 $62.37 $65.49
PUBLIC INFORMATION OFFICER $54.21 $56.92 $59.76 $62.75 $65.89
PUBLIC WORKS PROJECT MANAGER $51.95 $54.55 $57.28 $60.14 $63.15
PUBLIC WORKS SUPERVISOR $45.10 $47.36 $49.72 $52.21 $54.82
RECREATION MANAGER $48.59 $51.02 $53.57 $56.25 $59.06
RECREATION SUPERVISOR $44.07 $46.27 $48.59 $51.02 $53.57
SENIOR ACCOUNTANT $46.67 $49.00 $51.45 $54.02 $56.72
SENIOR CIVIL ENGINEER $62.02 $65.12 $68.38 $71.80 $75.39
SENIOR MANAGEMENT ANALYST $47.42 $49.80 $52.29 $54.90 $57.64
SERVICE CENTER SUPERINTENDENT $57.27 $60.13 $63.14 $66.29 $69.61
SUSTAINABILITY MANAGER $53.40 $56.07 $58.88 $61.82 $64.91
WEB SPECIALIST $41.10 $43.16 $45.32 $47.58 $49.96
Salary Effective First Full Pay Period in July
2018
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $37.48 $39.35 $41.32 $43.39 $45.56
ACCOUNTANT II $41.32 $43.38 $45.55 $47.83 $50.22
ACCOUNTING TECHNICIAN $38.36 $40.28 $42.30 $44.41 $46.63
ADMINISTRATIVE ASSISTANT $33.74 $35.43 $37.20 $39.06 $41.01
ASSISTANT CITY ATTORNEY $77.05 $80.91 $84.95 $89.20 $93.66
ASSISTANT CITY MGR - COMM DEV $99.90 $104.90 $110.14 $115.65 $121.43
ASSISTANT DIRECTOR COMM DEV $71.87 $75.47 $79.24 $83.20 $87.36
ASSISTANT TO THE CITY MANAGER $57.34 $60.21 $63.22 $66.38 $69.70
136
37
ASST DIR PUBLIC WORKS ENG $74.35 $78.07 $81.98 $86.07 $90.38
BUILDING OFFICIAL $60.66 $63.69 $66.87 $70.22 $73.73
BUSINESS SYSTEMS ANALYST $47.65 $50.03 $52.53 $55.16 $57.92
CAPITAL IMPV PROGRAM MGR $60.58 $63.61 $66.79 $70.13 $73.64
CITY ARCHITECT $49.40 $51.87 $54.46 $57.18 $60.04
CITY CLERK $56.72 $59.56 $62.54 $65.67 $68.95
CITY ENGINEER $70.81 $74.35 $78.07 $81.98 $86.07
CITY PLANNER $63.10 $66.26 $69.57 $73.05 $76.70
COMMUNITY RELATIONS COORDINATOR $38.90 $40.84 $42.88 $45.03 $47.28
DEPUTY BUILDING OFFICIAL $56.76 $59.60 $62.58 $65.71 $69.00
DEPUTY CITY ATTORNEY $55.44 $58.21 $61.13 $64.18 $67.39
DEPUTY CITY CLERK $40.48 $42.50 $44.63 $46.86 $49.20
DEPUTY CITY MANAGER $67.98 $71.38 $74.94 $78.69 $82.63
DEPARTMENT HEAD $70.36 $73.87 $77.57 $81.45 $85.52
DIRECTOR OF PUBLIC WORKS $90.82 $95.36 $100.13 $105.13 $110.39
ECONOMIC DEVELOPMENT MANAGER $62.44 $65.56 $68.84 $72.28 $75.89
ENVIRONMENTAL PROGRAMS MANAGER $56.46 $59.28 $62.24 $65.36 $68.62
EXEC ASST TO CITY MANAGER $38.94 $40.89 $42.93 $45.08 $47.34
EXEC ASST TO THE CITY ATTNY $37.99 $39.89 $41.89 $43.98 $46.18
FINANCE MANAGER $64.59 $67.82 $71.21 $74.78 $78.51
GIS COORDINATOR $41.64 $43.73 $45.91 $48.21 $50.62
GIS PROGRAM MANAGER $51.81 $54.40 $57.12 $59.97 $62.97
HUMAN RESOURCE ANALYST I $44.09 $46.30 $48.61 $51.04 $53.59
HUMAN RESOURCES ANALYST II $48.61 $51.04 $53.59 $56.27 $59.09
HUMAN RESOURCES ASSISTANT $28.02 $29.42 $30.89 $32.43 $34.06
HUMAN RESOURCES MANAGER $64.59 $67.82 $71.21 $74.78 $78.51
HUMAN RESOURCES TECHNICIAN $38.36 $40.28 $42.30 $44.41 $46.63
I.T. ASSISTANT $36.14 $37.95 $39.84 $41.83 $43.93
INFORMATION TECHNOLOGY MANAGER $62.86 $66.00 $69.30 $72.77 $76.41
LEGAL SERVICES MANAGER $39.23 $41.20 $43.26 $45.42 $47.69
MANAGEMENT ANALYST $44.47 $46.69 $49.03 $51.48 $54.05
NETWORK SPECIALIST $47.65 $50.03 $52.53 $55.16 $57.92
PARK RESTORATION IMPV MGR $60.58 $63.61 $66.79 $70.13 $73.64
PERMIT CENTER MANAGER $56.76 $59.60 $62.58 $65.71 $69.00
PUBLIC AFFAIRS MANAGER $55.22 $57.98 $60.88 $63.93 $67.12
PUBLIC INFORMATION OFFICER $57.34 $60.21 $63.22 $66.38 $69.70
PUBLIC WORKS PROJECT MANAGER $53.25 $55.92 $58.71 $61.65 $64.73
PUBLIC WORKS SUPERVISOR $46.23 $48.54 $50.97 $53.51 $56.19
RECREATION MANAGER $49.80 $52.29 $54.91 $57.65 $60.54
RECREATION SUPERVISOR $45.17 $47.43 $49.80 $52.29 $54.91
SENIOR ACCOUNTANT $47.83 $50.23 $52.74 $55.37 $58.14
137
38
SENIOR CIVIL ENGINEER $63.57 $66.75 $70.09 $73.59 $77.27
SENIOR MANAGEMENT ANALYST $48.61 $51.04 $53.59 $56.27 $59.09
SERVICE CENTER SUPERINTENDENT $58.70 $61.63 $64.72 $67.95 $71.35
SUSTAINABILITY MANAGER $56.46 $59.28 $62.24 $65.36 $68.62
WEB SPECIALIST $42.13 $44.24 $46.45 $48.77 $51.21
138
Exhibit C
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
Accountant II
Accounting Technician
Administrative Assistant
Assistant City Attorney
Assistant City Manager
Assistant Director of Community Development
Assistant Director of Public Works
Assistant to the City Manager
Building Official
Business Systems Analyst/Program Manager
Capital Improvement Program Manager
Chief Technology Officer/Director of Information Services (Department Head)
City Architect
City Clerk
City Engineer
Community Relations Coordinator
139
Exhibit C
2
Deputy Building Official
Deputy City Attorney
Deputy City Clerk
Deputy City Manager
Director of Administrative Services (Department Head)
Director of Community Development (Department Head)
Director of Recreation and Community Services (Department Head)
Director of Public Works
Economic Development Manager
Environmental Programs Manager
Executive Assistant to the City Attorney
Executive Assistant to the City Manager
Finance Manager
GIS Coordinator
GIS Program Manager
Human Resources Analyst I
Human Resources Analyst II
Human Resources Assistant
Human Resources ManagerHuman Resources Technician
Information Technology Assistant
Information Technology Manager
Legal Services Manager
Management Analyst
Network Specialist
Park Restoration and Improvement Manager
Permit Center Manager
Planning Manager
Public Information Officer
Public Affairs Manager
Public Works Projects Manager
Public Works Supervisor
Recreation Manager
Recreation Supervisor
Senior Accountant
Senior Civil Engineer
Senior Management Analyst
Service Center Superintendent
Sustainability Manager
Web Specialist
In the event of any inconsistency between the Compensation Program and any Employment
Contracts, the provisions of the Employment Contract and any amendments thereto control.
Adopted by Action of the
City Council, April 1, 1974
140
Exhibit C
3
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,
6/16, 10/16
141
Exhibit C
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.
a. Effective the first full pay period after adoption by the City Council, a 3.5%
salary increase will be added to the salary range of each classification in this unit.
b. Effective the first full pay period in July 2017, a 3.25% salary increase will be
added to the salary range of each classification in this unit.
c. Effective the first full pay period in July 2018, a 2.5% salary increase will be
added to the salary range of each classification in this unit.
See Attachment A for a list of paygrades.
In addition, equity adjustments as identified in the City’s 2016 total compensation
survey shall occur per 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, 10/16
142
Exhibit C
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.
143
Exhibit C
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
144
Exhibit C
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.
145
Exhibit C
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.
146
Exhibit C
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
147
Exhibit C
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 Recreation and Community Services 300.00
Director of Public Works 300.00
Chief Technology Officer/ 300.00
Director of Information Services
City Clerk 250.00
Senior Civil Engineer 250.00
City Engineer 250.00
Public Affairs Manager 200.00
Deputy City Manager 200.00
Recreation Supervisor 200.00
Recreation Manager 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, 10/16
148
Exhibit C
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
149
Exhibit C
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.
COMPENSATORY TIME OFF
At the employee’s discretion, compensatory time (CTO) may be granted for overtime
worked at the rate of time and one-half for each hour worked in lieu of compensation in cash.
Employees, who have previously earned CTO, shall be allowed to schedule CTO at the
employee’s discretion provided (1) that prior supervisory approval has been obtained and (2)
the request is made in writing.
CTO may be accrued for up to 80 hours per calendar year. Any CTO earned exceeding
80 hours will be paid at the rate of time and one-half. An employee may carry over the unused
balance into the next calendar year. Any unused carryover balance will be automatically paid
out at the end of the calendar year.
An employee may exercise his/her option twice each calendar year to convert any/or all
accumulated compensatory time to cash.
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, 10/16
150
Exhibit C
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 any
employees.
October 1, 2016 City Max Health
Contribution
City Max Dental
Contribution*
City Total Max
Contribution
Employee 733.39 134.85 868.24
Employee +1 1246.59 134.85 1381.44
Employee +2 1620.57 134.85 1755.42
January 1, 2018 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 769.95 134.85 904.80
Employee +1 1308.92 134.85 1443.77
Employee +2 1701.60 134.85 1836.45
January 1, 2019 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 808.45 134.85 943.30
Employee +1 1374.37 134.85 1509.22
Employee +2 1786.68 134.85 1921.53
*Dental Coverage: Effective the first month after Council adoption of MOU, dental coverage is
capped at $2,500.00 per dependent per annual plan year for the term of this contract.
Adopted by Action of the City Council
151
Exhibit C
14
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, 10/16
152
Exhibit C
15
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
Exhibit C
16
City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 9
LIFE, LONG TERM DISABILITY INSURANCE, AND SHORT 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, 10/16
154
Exhibit C
17
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
Exhibit C
18
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 the first full pay period after adoption of this agreement by the City Council, the
City agrees to pay the employee’s contribution rate to the California Public Employees
Retirement System (CalPERS) not to exceed .75% of applicable salary and each employee agrees
to pay 7.25% of applicable salary.
Effective in the first full pay period in July 2017, each employee shall pay the full 8.0% of
applicable salary of the employee’s contribution towards 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 the first full pay period after and adoption of this agreement by the City Council,
the City shall not pay the employee’s contribution rate to the California Public Employees
Retirement System (CalPERS) and each employee shall pay the full 7% of applicable salary of
the employee’s contribution towards 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, 10/16
156
Exhibit C
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 $134.85* 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.
*Dental Coverage: Effective the first month after Council adoption of agreement, dental
coverage is capped at $2,500.00 per dependent per annual plan year for the term of this contract.
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, 10/16
157
Exhibit C
20
City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The department heads shall receive forty (80) hours of administrative leave with pay per
year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act
shall receive twenty-four (40) hours of administrative leave with pay per year.
Employees may accumulate administrative leave hours up to two times 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, 10/16
158
Exhibit C
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
159
Exhibit C
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 Annual Accruals Maximum Accrual
0 - 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours
10 – 14 Years 160 Hours 272 Hours
15 – 19 Years 176 Hours 320 Hours
20 + Years 192 Hours 352 Hours
An employee may accrue no more vacation credit than what is listed above.
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, 10/16
160
Exhibit C
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.
15-092.
Adopted by Action of the City Council
July 7, 1997
Revised 7/99, 7/10, 8/12, 10/15
161
Exhibit C
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
162
Exhibit C
25
City of Cupertino
UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM
Policy No. 18
WORK OUR OF CLASSIFICATION/WORK IN DUAL CLASSIFICATION
Work Out of Classification – Temporary assignment, approved in advance by the department
head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the
higher classification or at a rate five (5) percent greater than that of the regular position,
whichever is greater, for the number of hours assigned. In order to qualify for out-of-
classification pay, an employee shall work a minimum of eight (8) hours per day in the
temporary assignment.
Out of classification compensation shall not be used as a substitute for the permanent
classification or reclassification of positions. An employee may be assigned to work in a higher
class when there is a vacant position, either temporary (incumbent on leave of absence) or
permanent (vacant position which has not been filled), or when an employee assumes
additional work that would otherwise be performed by consultants which results in a cost
savings to the City. All requests for out of classification compensation must be approved by the
Human Resources Director. Persons approved to work out of class will continue to receive
salary step adjustments in their regular classification based upon satisfactory performance. The
out of class salary step will be adjusted accordingly in accordance to the policy set forth herein
when the employee’s salary in the permanent classification is adjusted.
Work in Dual Classifications – The City Manager may, in his or her sole discretion, grant a pay
differential up to five percent (5%) above the higher base salary to an employee assigned by the
City Manager to perform all of the duties of another position in addition to the employee’s
regular duties, provided that a differential of dual assignments under this provision shall only
be paid where the additional assignment is to a position equivalent to the level of the
employee’s regular position in a different department or division than the employee’s regular
classification, the duration of the additional assignment is for a period of one or more months,
and the published base salary for the equivalent level position is the same or lower than the
published salary for the employee’s current classification such that the employee does not
quality for working out of class pay.
Adopted by Action of the City Council
October 2016
Revised
163
Exhibit C
26
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. 15-099 )
Amended 6/21/16 (Res. No. 16- )
Amended 10/4/16 (Res. No. )
164
Exhibit C
27
ATTACHMENT A
CLASSES AND POSITIONS BY PAY GRADE
EFFECTIVE OCTOBER 1, 2016 – JUNE 30, 2019
Salary Effective October 1, 2016
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $35.41 $37.18 $39.04 $41.00 $43.05
ACCOUNTANT II $39.04 $40.99 $43.04 $45.19 $47.45
ACCOUNTING TECHNICIAN $36.25 $38.06 $39.96 $41.96 $44.06
ADMINISTRATIVE ASSISTANT $31.88 $33.47 $35.15 $36.91 $38.75
ASSISTANT CITY ATTORNEY $71.89 $75.49 $79.26 $83.23 $87.39
ASSISTANT CITY MGR - COMM DEV $90.22 $94.74 $99.47 $104.45 $109.67
ASSISTANT DIRECTOR COMM DEV $63.09 $66.25 $69.56 $73.04 $76.69
ASSISTANT TO THE CITY MANAGER $50.48 $53.01 $55.66 $58.44 $61.36
ASST DIR PUBLIC WORKS ENG $67.15 $70.51 $74.04 $77.74 $81.62
BUILDING OFFICIAL $57.31 $60.18 $63.19 $66.35 $69.66
BUSINESS SYSTEMS ANALYST $45.02 $47.27 $49.64 $52.12 $54.73
CAPITAL IMPV PROGRAM MGR $57.24 $60.11 $63.11 $66.27 $69.58
CITY ARCHITECT $46.68 $49.01 $51.46 $54.03 $56.74
CITY CLERK $53.60 $56.28 $59.09 $62.05 $65.15
CITY ENGINEER $63.95 $67.15 $70.51 $74.04 $77.74
CITY PLANNER $59.63 $62.61 $65.74 $69.03 $72.48
COMMUNITY RELATIONS COORDINATOR $36.75 $38.59 $40.52 $42.55 $44.67
DEPARTMENT HEAD $77.44 $81.32 $85.38 $89.65 $94.13
DEPUTY BUILDING OFFICIAL $53.64 $56.32 $59.13 $62.09 $65.19
DEPUTY CITY ATTORNEY $51.73 $54.32 $57.03 $59.88 $62.88
DEPUTY CITY CLERK $38.25 $40.16 $42.17 $44.28 $46.49
DEPUTY CITY MANAGER $61.96 $65.06 $68.31 $71.72 $75.31
DIRECTOR OF PUBLIC WORKS $82.02 $86.12 $90.43 $94.95 $99.70
ECONOMIC DEVELOPMENT MANAGER $59.00 $61.95 $65.04 $68.29 $71.71
ENVIRONMENTAL PROGRAMS MANAGER $49.73 $52.22 $54.83 $57.57 $60.45
EXEC ASST TO CITY MANAGER $36.80 $38.64 $40.57 $42.60 $44.73
EXEC ASST TO THE CITY ATTNY $35.90 $37.69 $39.58 $41.56 $43.64
FINANCE MANAGER $61.03 $64.09 $67.29 $70.66 $74.19
GIS COORDINATOR $39.35 $41.32 $43.38 $45.55 $47.83
GIS PROGRAM MANAGER $48.95 $51.40 $53.97 $56.67 $59.50
HUMAN RESOURCE ANALYST I $41.66 $43.74 $45.93 $48.23 $50.64
165
Exhibit C
28
HUMAN RESOURCES ANALYST II $45.93 $48.23 $50.64 $53.17 $55.83
HUMAN RESOURCES ASSISTANT $26.47 $27.80 $29.19 $30.65 $32.18
HUMAN RESOURCES MANAGER $61.03 $64.09 $67.29 $70.66 $74.19
HUMAN RESOURCES TECHNICIAN $36.25 $38.06 $39.96 $41.96 $44.06
I.T. ASSISTANT $34.15 $35.85 $37.65 $39.53 $41.51
INFORMATION TECHNOLOGY MANAGER $59.34 $62.30 $65.42 $68.69 $72.12
LEGAL SERVICES MANAGER $37.07 $38.93 $40.87 $42.92 $45.06
MANAGEMENT ANALYST $42.02 $44.12 $46.33 $48.64 $51.07
NETWORK SPECIALIST $45.02 $47.27 $49.64 $52.12 $54.73
PARK RESTORATION IMPV MGR $57.24 $60.11 $63.11 $66.27 $69.58
PERMIT CENTER MANAGER $53.64 $56.32 $59.13 $62.09 $65.19
PUBLIC AFFAIRS MANAGER $52.18 $54.79 $57.53 $60.41 $63.43
PUBLIC INFORMATION OFFICER $50.48 $53.01 $55.66 $58.44 $61.36
PUBLIC WORKS PROJECT MANAGER $50.32 $52.83 $55.48 $58.25 $61.16
PUBLIC WORKS SUPERVISOR $43.68 $45.86 $48.16 $50.57 $53.09
RECREATION MANAGER $47.06 $49.41 $51.88 $54.48 $57.20
RECREATION SUPERVISOR $42.68 $44.82 $47.06 $49.41 $51.88
SENIOR ACCOUNTANT $45.20 $47.46 $49.83 $52.32 $54.94
SENIOR CIVIL ENGINEER $60.07 $63.07 $66.23 $69.54 $73.01
SENIOR MANAGEMENT ANALYST $45.93 $48.23 $50.64 $53.17 $55.83
SERVICE CENTER SUPERINTENDENT $55.46 $58.24 $61.15 $64.21 $67.42
SUSTAINABILITY MANAGER $49.73 $52.22 $54.83 $57.57 $60.45
WEB SPECIALIST $39.81 $41.80 $43.89 $46.08 $48.39
Salary Effective First Full Pay Period in July
2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $36.56 $38.39 $40.31 $42.33 $44.44
ACCOUNTANT II $40.31 $42.32 $44.44 $46.66 $48.99
ACCOUNTING TECHNICIAN $37.43 $39.30 $41.26 $43.33 $45.49
ADMINISTRATIVE ASSISTANT $32.92 $34.56 $36.29 $38.10 $40.01
ASSISTANT CITY ATTORNEY $75.17 $78.93 $82.88 $87.02 $91.37
ASSISTANT CITY MGR - COMM DEV $96.88 $101.73 $106.81 $112.15 $117.76
ASSISTANT DIRECTOR COMM DEV $67.75 $71.14 $74.69 $78.43 $82.35
ASSISTANT TO THE CITY MANAGER $54.21 $56.92 $59.76 $62.75 $65.89
ASST DIR PUBLIC WORKS ENG $72.11 $75.71 $79.50 $83.47 $87.65
BUILDING OFFICIAL $59.18 $62.13 $65.24 $68.50 $71.93
BUSINESS SYSTEMS ANALYST $46.49 $48.81 $51.25 $53.81 $56.50
CAPITAL IMPV PROGRAM MGR $59.10 $62.06 $65.16 $68.42 $71.84
CITY ARCHITECT $48.19 $50.60 $53.13 $55.79 $58.58
CITY CLERK $55.34 $58.11 $61.01 $64.06 $67.27
166
Exhibit C
29
CITY ENGINEER $68.67 $72.11 $75.71 $79.50 $83.47
CITY PLANNER $61.57 $64.64 $67.88 $71.27 $74.83
COMMUNITY RELATIONS COORDINATOR $37.95 $39.84 $41.84 $43.93 $46.12
DEPARTMENT HEAD $83.16 $87.32 $91.68 $96.27 $101.08
DEPUTY BUILDING OFFICIAL $55.38 $58.15 $61.06 $64.11 $67.31
DEPUTY CITY ATTORNEY $54.09 $56.79 $59.63 $62.62 $65.75
DEPUTY CITY CLERK $39.49 $41.46 $43.54 $45.71 $48.00
DEPUTY CITY MANAGER $66.32 $69.63 $73.12 $76.77 $80.61
DIRECTOR OF PUBLIC WORKS $88.08 $92.48 $97.10 $101.96 $107.06
ECONOMIC DEVELOPMENT MANAGER $60.91 $63.96 $67.16 $70.51 $74.04
ENVIRONMENTAL PROGRAMS MANAGER $53.40 $56.07 $58.88 $61.82 $64.91
EXEC ASST TO CITY MANAGER $37.99 $39.89 $41.89 $43.98 $46.18
EXEC ASST TO THE CITY ATTNY $37.07 $38.92 $40.87 $42.91 $45.05
FINANCE MANAGER $63.02 $66.17 $69.48 $72.95 $76.60
GIS COORDINATOR $40.63 $42.66 $44.79 $47.03 $49.38
GIS PROGRAM MANAGER $50.54 $53.07 $55.72 $58.51 $61.44
HUMAN RESOURCE ANALYST I $43.02 $45.17 $47.42 $49.80 $52.29
HUMAN RESOURCES ANALYST II $47.42 $49.80 $52.29 $54.90 $57.65
HUMAN RESOURCES ASSISTANT $27.33 $28.70 $30.14 $31.64 $33.23
HUMAN RESOURCES MANAGER $63.02 $66.17 $69.48 $72.95 $76.60
HUMAN RESOURCES TECHNICIAN $37.43 $39.30 $41.26 $43.33 $45.49
I.T. ASSISTANT $35.26 $37.02 $38.87 $40.81 $42.86
INFORMATION TECHNOLOGY MANAGER $61.33 $64.39 $67.61 $70.99 $74.54
LEGAL SERVICES MANAGER $38.28 $40.19 $42.20 $44.31 $46.53
MANAGEMENT ANALYST $43.38 $45.55 $47.83 $50.22 $52.73
NETWORK SPECIALIST $46.49 $48.81 $51.25 $53.81 $56.50
PARK RESTORATION IMPV MGR $59.10 $62.06 $65.16 $68.42 $71.84
PERMIT CENTER MANAGER $55.38 $58.15 $61.06 $64.11 $67.31
PUBLIC AFFAIRS MANAGER $53.88 $56.57 $59.40 $62.37 $65.49
PUBLIC INFORMATION OFFICER $54.21 $56.92 $59.76 $62.75 $65.89
PUBLIC WORKS PROJECT MANAGER $51.95 $54.55 $57.28 $60.14 $63.15
PUBLIC WORKS SUPERVISOR $45.10 $47.36 $49.72 $52.21 $54.82
RECREATION MANAGER $48.59 $51.02 $53.57 $56.25 $59.06
RECREATION SUPERVISOR $44.07 $46.27 $48.59 $51.02 $53.57
SENIOR ACCOUNTANT $46.67 $49.00 $51.45 $54.02 $56.72
SENIOR CIVIL ENGINEER $62.02 $65.12 $68.38 $71.80 $75.39
SENIOR MANAGEMENT ANALYST $47.42 $49.80 $52.29 $54.90 $57.64
SERVICE CENTER SUPERINTENDENT $57.27 $60.13 $63.14 $66.29 $69.61
SUSTAINABILITY MANAGER $53.40 $56.07 $58.88 $61.82 $64.91
WEB SPECIALIST $41.10 $43.16 $45.32 $47.58 $49.96
167
Exhibit C
30
Salary Effective First Full Pay Period in July
2018
Classification Step 1 Step 2 Step 3 Step 4 Step 5
ACCOUNTANT I $37.48 $39.35 $41.32 $43.39 $45.56
ACCOUNTANT II $41.32 $43.38 $45.55 $47.83 $50.22
ACCOUNTING TECHNICIAN $38.36 $40.28 $42.30 $44.41 $46.63
ADMINISTRATIVE ASSISTANT $33.74 $35.43 $37.20 $39.06 $41.01
ASSISTANT CITY ATTORNEY $77.05 $80.91 $84.95 $89.20 $93.66
ASSISTANT CITY MGR - COMM DEV $99.90 $104.90 $110.14 $115.65 $121.43
ASSISTANT DIRECTOR COMM DEV $71.87 $75.47 $79.24 $83.20 $87.36
ASSISTANT TO THE CITY MANAGER $57.34 $60.21 $63.22 $66.38 $69.70
ASST DIR PUBLIC WORKS ENG $74.35 $78.07 $81.98 $86.07 $90.38
BUILDING OFFICIAL $60.66 $63.69 $66.87 $70.22 $73.73
BUSINESS SYSTEMS ANALYST $47.65 $50.03 $52.53 $55.16 $57.92
CAPITAL IMPV PROGRAM MGR $60.58 $63.61 $66.79 $70.13 $73.64
CITY ARCHITECT $49.40 $51.87 $54.46 $57.18 $60.04
CITY CLERK $56.72 $59.56 $62.54 $65.67 $68.95
CITY ENGINEER $70.81 $74.35 $78.07 $81.98 $86.07
CITY PLANNER $63.10 $66.26 $69.57 $73.05 $76.70
COMMUNITY RELATIONS COORDINATOR $38.90 $40.84 $42.88 $45.03 $47.28
DEPUTY BUILDING OFFICIAL $56.76 $59.60 $62.58 $65.71 $69.00
DEPUTY CITY ATTORNEY $55.44 $58.21 $61.13 $64.18 $67.39
DEPUTY CITY CLERK $40.48 $42.50 $44.63 $46.86 $49.20
DEPUTY CITY MANAGER $67.98 $71.38 $74.94 $78.69 $82.63
DEPARTMENT HEAD $70.36 $73.87 $77.57 $81.45 $85.52
DIRECTOR OF PUBLIC WORKS $90.82 $95.36 $100.13 $105.13 $110.39
ECONOMIC DEVELOPMENT MANAGER $62.44 $65.56 $68.84 $72.28 $75.89
ENVIRONMENTAL PROGRAMS MANAGER $56.46 $59.28 $62.24 $65.36 $68.62
EXEC ASST TO CITY MANAGER $38.94 $40.89 $42.93 $45.08 $47.34
EXEC ASST TO THE CITY ATTNY $37.99 $39.89 $41.89 $43.98 $46.18
FINANCE MANAGER $64.59 $67.82 $71.21 $74.78 $78.51
GIS COORDINATOR $41.64 $43.73 $45.91 $48.21 $50.62
GIS PROGRAM MANAGER $51.81 $54.40 $57.12 $59.97 $62.97
HUMAN RESOURCE ANALYST I $44.09 $46.30 $48.61 $51.04 $53.59
HUMAN RESOURCES ANALYST II $48.61 $51.04 $53.59 $56.27 $59.09
HUMAN RESOURCES ASSISTANT $28.02 $29.42 $30.89 $32.43 $34.06
HUMAN RESOURCES MANAGER $64.59 $67.82 $71.21 $74.78 $78.51
HUMAN RESOURCES TECHNICIAN $38.36 $40.28 $42.30 $44.41 $46.63
I.T. ASSISTANT $36.14 $37.95 $39.84 $41.83 $43.93
INFORMATION TECHNOLOGY MANAGER $62.86 $66.00 $69.30 $72.77 $76.41
LEGAL SERVICES MANAGER $39.23 $41.20 $43.26 $45.42 $47.69
168
Exhibit C
31
MANAGEMENT ANALYST $44.47 $46.69 $49.03 $51.48 $54.05
NETWORK SPECIALIST $47.65 $50.03 $52.53 $55.16 $57.92
PARK RESTORATION IMPV MGR $60.58 $63.61 $66.79 $70.13 $73.64
PERMIT CENTER MANAGER $56.76 $59.60 $62.58 $65.71 $69.00
PUBLIC AFFAIRS MANAGER $55.22 $57.98 $60.88 $63.93 $67.12
PUBLIC INFORMATION OFFICER $57.34 $60.21 $63.22 $66.38 $69.70
PUBLIC WORKS PROJECT MANAGER $53.25 $55.92 $58.71 $61.65 $64.73
PUBLIC WORKS SUPERVISOR $46.23 $48.54 $50.97 $53.51 $56.19
RECREATION MANAGER $49.80 $52.29 $54.91 $57.65 $60.54
RECREATION SUPERVISOR $45.17 $47.43 $49.80 $52.29 $54.91
SENIOR ACCOUNTANT $47.83 $50.23 $52.74 $55.37 $58.14
SENIOR CIVIL ENGINEER $63.57 $66.75 $70.09 $73.59 $77.27
SENIOR MANAGEMENT ANALYST $48.61 $51.04 $53.59 $56.27 $59.09
SERVICE CENTER SUPERINTENDENT $58.70 $61.63 $64.72 $67.95 $71.35
SUSTAINABILITY MANAGER $56.46 $59.28 $62.24 $65.36 $68.62
WEB SPECIALIST $42.13 $44.24 $46.45 $48.77 $51.21
169
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1907 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:8/9/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment for the
Operating Engineers Local Union No. 3, AFL-CIO (OE3)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Section 2: Union Recognition
B - Section 10: Compensation for Services
C - Section 11: Pension
D - Section 12: Health Benefits
E - Section 14: Paid Absences
F - Section 15: Sick Leave Conversion
G - Section 18: Training and Tuition Reimbursement
H - Section 24: Grievance Procedure
I - Section 29: Term
J - New Section: Health Deduction
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:ApprovetheJuly1,2016throughJune30,2019termsandconditionsofemployment
for the Operating Engineers Local Union No. 3, AFL-CIO (OE3)
1)AuthorizestafftoamendtheMemorandumofUnderstanding(MOU)fortheOperating
Engineers Local Union No. 3, AFL-CIO (OE3).
2)Authorizestafftomakethenecessarybudgetadjustmentstoensurethattherearesufficient
budget appropriations to cover the costs associated with the negotiated contract.
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ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Approve the July 1, 2016 through June 30, 2019 terms and conditions of employment
for the Operating Engineers Local Union No. 3, AFL‐CIO (OE3).
Recommended Action
1) Authorize staff to amend the Memorandum of Understanding for OE3 based on
the attached tentative agreements.
2) Authorize staff to make the necessary budget adjustments to ensure that there
are sufficient budget appropriations to cover the costs associated with the
negotiated contract.
Description
The City has reached a tentative agreement with OE3, the bargaining unit
representing Public Works maintenance employees. The negotiated package is
within City Council parameters for the Fiscal Years (FY) 2016‐2019. Key provisions
of the tentative labor agreements are summarized below:
Term – 3 years, July 1, 2016 through June 30, 2019
Salary
o Equity adjustments for any classification found to be below median of
market.
o Cost of Living adjustments (COLAs).
Effective October 1, 2016 – 3.50%; includes Employer Paid Misc.
Contribution (EPMC) swap as discussed in the retirement section
below, 1% for Tier 1 and .75% for Tier 2.
Effective the first full pay period in July 2017 – 3.25%, includes a .75%
EPMC swap for Tier 1 as discussed in the retirement section below.
Effective the first full pay period in July 2018 – 2.50%.
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Benefits
o Health and Dental changes as noted in the table below. Dental changes
reflect 100% of costs paid by the City in the first year and per dependent
coverage increasing from $1,000 to $2,500 annually. In addition, the City has
eliminated the excess health provision.
o HRA – Effective October 1, 2016, the City has eliminated the HRA
contributions of $163 per month. Employees will be able to keep their
existing banks and the City will continue to pay the administrative fee for
maintaining those banks.
o Benefit deductions will change from bi-weekly to bi-monthly. This will
make deductions consistent with timing of when benefits are paid.
Effective
October 1, 2016
City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 733.39 134.85 868.24
Employee +1 1,246.59 134.85 1,381.44
Employee +2 1,620.57 134.85 1,755.42
January 1, 2018 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 769.95 134.85 904.80
Employee +1 1,308.92 134.85 1,443.77
Employee +2 1,701.60 134.85 1,836.45
January 1, 2019 City Max Health
Contribution
City Max Dental
Contribution
City Total Max
Contribution
Employee 808.45 134.85 943.30
Employee +1 1,374.37 134.85 1,509.22
Employee +2 1,786.68 134.85 1,921.53
Retirement
o Effective October 1, 2016
Tier 1 – Will pay an additional 1% of the Employer Paid Misc.
Contribution (EPMC) for a total of 7.25%
Tier 2 – Will pay an additional .75% of the Employer Paid Misc.
Contribution (EPMC) for a total of 7.00%
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Tier 3 – No changes to this tier as they pay 50% of normal costs 6.25%
o Effective first full pay period in July 2017
Tier 1 – Will pay an additional .75% of the Employer Paid Misc.
Contribution (EPMC) for a total of 8%
Tier 2 – No changes to this tier cost remain at 7.00%
Tier 3 – No changes to this tier as they pay 50% of normal costs 6.25%
Vacation Accruals – Have been increased in 3 of the 5 service time categories as
shown below:
Servic
e Time
Annual
Accruals
Maximum
Accrual
0 - 3 Years 80 Hours 160 Hours
4 - 9 Years 120 Hours 240 Hours
10 – 14 Years 136 160 Hours 272 Hours
15 – 19 Years 160 176 Hours 320 Hours
20 + Years 176 192 Hours 352 Hours
Fiscal Impact
The City will incur a cost of $319,485 in the first year (FY2016-17), an additional cost of
$178,222 in the second year (FY2017-18) and an additional cost of $170,192 in the third
year for a total of $667,899 in ongoing costs (starting in FY2018-19). A budget
adjustment for increased costs in the first year is recommended. At the time of the final
budget, costs related to the labor contracts were unknown and not included in the final
budget.
Prepared by: Kristina Alfaro, Director of Administrative Services
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Tentative Agreement – Section 2: Union Recognition
B. Tentative Agreement – Section 10: Compensation for Services
C. Tentative Agreement – Section 11: Pension
D. Tentative Agreement – Section 12: Health Benefits
E. Tentative Agreement – Section 14: Paid Absences
F. Tentative Agreement – Section 15: Sick Leave Conversion
G. Tentative Agreement – Section 18: Training and Tuition Reimbursement
H. Tentative Agreement – Section 24: Grievance Procedure
I. Tentative Agreement – Section 29: Term
J. Tentative Agreement – New Section: Heath Deduction
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f A
10.4 Standby Compensation
r J
^ 7
Employees who are required to be available during their off-shift hours for possible rec;
for emergency service shall be compensated S300.00 per 128 hours so assigned during the term'
of this agreement.
Minimum manning and skill qualifications for standby assignment shall be determined by
the City. Assignment of such standby duty shall be rotated on an equal basis among all qualified
employees who reside in an area that provides a response time of 30 minutes or less.
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City of Cupertino Counter Proposal to OE3
Distributed at the table on June 6, 2016
SECTION 18: TRAINING AND TUITION REIMBURSEMENT
V
‘ y
It is the intent of the City to recognize the value of training to its employees and to adopt
a training policy which will encourage employees to avail themselves of educational
opportunities that will advance their knowledge and interests in the direction of their career with
the City and by doing so to improve the Municipal Service.
Employees who wish to seek reimbursement from the City for City job related training
program costs shall provide a written request for reimbursement to their immediate supervisor.
The request shall include the type of program, sponsoring organization or institution, meeting
times and costs for such program.
A copy of the supervisor’s and superintendent's recommendation to the Department Head
shall also be provided to the employee. The employee will initial supervisor's comments and the
superintendent's recommendation prior to going to the Department Head for approval or denial.
Once a training program has been approved, any employee covered by this agreement
will be eligible for reimbursement of up to $1,200 $1,350 per calendar year for tuition and
books for training and education. However, an employee shall not receive any reimbursement
until providing satisfactory proof of successful completion of the training program.
18.1 Service Center Safety/Training Committee
The City and the Union agree to form a committee to jointly develop a safety/training
program. The committee shall meet monthly and will be responsible for the review, discussion,
and recommendations of all matters concerning safety and health, including but not limited to
accident investigations, safety surveys, job site inspections, safety audits, training and emergency
response roles. The committee shall work to problem solve and formulate recommendations to
the appropriate divisions within the Service Center. Minutes of the meetings shall be taken and
will be distributed to all Service Center employees and posted in a conspicuous location(s). The
City shall have two members and the Union shall have one member, to be elected by the
membership, from each Service Center division.
The City and the Union are committed to a safe working environment, and in pursuit of
this shared commitment both sides agree to look at the benefits of implementing a Safety
Recognition Program. This effort shall be assumed by the Service Center Safety/Training
Committee. Any agreement shall be by consensus between City and Union.
18.2 Labor/Management Committee
The parties agree that regular meetings to explore mutual concerns will be beneficial to
the relationship between the City and the Union. To promote a problem-solving approach, the
parties agree that decision making shall be cooperative.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2015 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:9/28/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Eighth Amendment to the Agreement between Santa Clara County and the City of Cupertino
for Abatement of Weeds
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
B - Draft Agreeemnt
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:EighthAmendmenttotheAgreementbetweenSantaClaraCountyandtheCityof
Cupertino for Abatement of Weeds
AdoptResolutionNo.16-105authorizingtheCityManagertoexecutetheEighthAmendment
totheAgreementbetweenSantaClaraCountyandtheCityofCupertinoforAbatementof
Weeds
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OFFICE OF THE CITY CLERK
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Eighth Amendment to the Agreement between Santa Clara County and the City of
Cupertino for Abatement of Weeds
Recommended Action
Adopt the draft resolution authorizing the City Manager to execute the Eighth
Amendment to the Agreement between Santa Clara County and the City of Cupertino
for Abatement of Weeds.
Discussion
The Santa Clara County Agricultural Commissioner provides hazardous vegetation
management services (weed abatement) to local jurisdictions in order to address the
issue of public fire safety in a cost-effective manner. Chapter 9.08 of the Cupertino
Municipal Code requires property owners to remove or destroy weeds on their
property. The weed abatement process is in place to notify the property owners of this
responsibility, authorize the County to remove the weeds if the property owner doesn’t,
and allow the County to recover the costs of abatement by putting a lien assessment on
the respective properties to allow the County to recover the cost of weed abatement.
In December of each calendar year, the County gives the City a list of all the fees and
costs associated with the weed abatement program. This amendment allows the County
to recover all fees and costs associated with weed abatement services unless the City
holds a hearing within 60 days of receipt of the list declining to accept any fee or cost in
the itemized report. If the City chooses to not accept any fee or cost in the list, the
County will be relieved of all obligations to perform the services under the agreement
for that particular weed abatement season.
_____________________________________
Prepared by: Kirsten Squarcia
Reviewed by: Grace Schmidt, City Clerk
Approved for Submission by: David Brandt, City Manager
Attachments:
A - Draft Resolution
B – Draft Agreement
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RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF EIGHTH AMENDMENT TO THE AGREEMENT
BETWEEN SANTA CLARA COUNTY AND THE CITY OF CUPERTINO FOR
ABATEMENT OF WEEDS
WHEREAS, there has been presented to the City Council a proposed Eighth
Amendment to the Agreement between Santa Clara County and the City of Cupertino
for the abatement of weeds; and
WHEREAS, the terms, conditions and provisions of the agreement have bee n
reviewed and approved by the City Manager and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the City
Manager to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 4th day of October, 2016 by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________ ________________________________
Grace Schmidt, City Clerk Barry Chang, Mayor, City of Cupertino
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EIGHTH AMENDMENT TO THE AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA AND THE CITY OF
CUPERTINO FOR ABATEMENT OF WEEDS
The Agreement for the Abatement of Weeds (AGREEMENT) between the County of Santa
Clara (COUNTY) and the City of Cupertino (CITY) previously entered into on March 1, 1976,
as amended on May 4, 1981, February 15, 1983, January 14, 1996, August 18, 1998, September
7, 1999, January 12, 2001, and March 2, 2010 is hereby amended to modify the charge for the
COUNTY's program costs to administer the Hazardous Vegetation Management Program.
IT IS AGREED between the parties as follows:
1. Statement of Costs
Section 6 of the AGREEMENT shall be amended to read as follows:
A. In December of each calendar year·, COUNTY shall deliver to CITY a list of all
reasonable and necessary fees and costs approved and adopted by County Board of Supervisors
for all administrative, enforcement, and abatement services to be provided under this
AGREEMENT. All fees and costs in said list shall be recovered by COUNTY pursuant to
Section 7 of this AGREEMENT unless at a public hearing held within sixty (60) days of
COUNTY’s delivery of said itemized statement to the CITY’s governing body expressly
declines to accept any fee or cost in said list. In the event CITY’s governing body declines to
accept any fee or cost in said list, COUNTY shall be relieved of any and all obligations to
provide an y services under this AGREEMENT for the weed abatement season for which said
itemized statement is submitted to CITY. If the amount recovered by COUNTY is inadequate to
cover its operational costs, CITY agrees to pay COUNTY for any shortfall for weed abatement
in its jurisdiction within sixty (60) days of demand by COUNTY, which will be accompanied by
a statement of COUNTY’s weed-abatement costs.
Thereafter, on or before the 10th day of August of each year·, COUNTY shall render to
CITY an itemized statement or report of the reasonable and necessary fees and cost of the
administrative, enforcement, and abatement services performed for the respective parcels of land
in the CITY. The itemized statement or report shall include a description of the lots and parcels
of land for which services were performed, and verification by signature of the COUNTY
official administering the Hazardous Vegetation Management Program.
/ / /
/ / /
/ / /
/ / /
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2. Except as modified herein, all other terms and conditions of the AGREEMENT remain
the same.
COUNTY OF SANTA CLARA CITY OF CUPERTINO
______________________________ _______________________________
Amy Brown, Director David Brant, City Manager
Consumer and Environmental
Protection Agency
_______________________________ ________________________________
Date Date
Approved as to form and legality: Approved as to form:
_______________________________ ________________________________
Michael L. Rossi Randolph Hom City Attorney
Lead Deputy County Counsel
Attest:
_______________________________ ________________________________
Sylvia Gallegos Grace Schmidt, City Clerk
Deputy County Executive
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1837 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:7/7/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: 2015 Contractual Crossing Guard Services - Project No. 2015-25, contract amendment
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Amendment
B - ACMS Additional Compensation Request Letter dated September 12, 2016
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:2015ContractualCrossingGuardServices-ProjectNo.2015-25,contract
amendment
StaffrecommendsCouncilauthorizetheCityManagertonegotiateandexecuteanamendment
(AttachmentA)tothecurrentcrossingguardservicescontracttoprovideforcontractor
compensationof$18.64/hrforthe2016/17schoolyearand$20.61/hrfor2017/18schoolyear,
if the City’s Minimum Wage Ordinance is adopted
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
2015 Contractual Crossing Guard Services – Project No. 2015-25, contract
amendment.
Recommended Action
Staff recommends Council authorize the City Manager to negotiate and execute
an amendment (Attachment A) to the current crossing guard services contract to
provide for contractor compensation of $18.64/hr for the 2016/17 school year and
$20.61/hr for 2017/18 school year, if the City’s Minimum Wage Ordinance is
adopted.
Discussion
The contract for crossing guard services for the 2015/16 school year has been the
subject of a formal bidding process. On July 7, 2015, Council authorized
authority to award the crossing guard contract to lowest responsive bidder
subject to budget limits. On July 30, 2015 one bid was received and the City
proceeded with an award of the contract to All City Management Services, Inc.
(ACMS).
Shortly after the start of the 2015/16 school year, ACMS expressed challenges in
recruiting and retaining crossing guard staff because of pay limitations necessary
to meet contractual obligations, as many other neighboring jurisdictions paid
more for an hourly rate. These challenges were cited by ACMS as the reasons
why staffing was limited to 12, instead of the 16 intersections required by the
contract. Citing these challenges as ongoing, ACMS has requested an increase in
compensation over the annual consumer price index (CPI) adjustment allowed
by contract (Attachment B).
Staff has reviewed the ACMS request per the conditions of the executed contract
and the requirements of any contractor competitively bidding on public work.
Accordingly, the burden is on the contractor to show a change in conditions now
that could not be reasonably predicted when their bid was received by the City
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in July 2015. It is staffs opinion that ACMS has not shown reasonable cause to
increase compensation because employment conditions today are substantially
similar to those that existed in July 2015. The one exception is the increase in
minimum wage requirements.
In July 2015 the minimum wage was $10/hr. This wage is now anticipated to
increase to $12/hr in 2017 and $13.50/hr in 2018 based upon Council’s September
20, 2016, first reading of the Minimum Wage Ordinance. As a result, staff
recommends that an amendment to the agreement be negotiated and executed
that provides for a proportional increase to ACMS compensation for both the
2016/17 and 2017/18 school years. Current compensation to ACMS (including
direct wages, benefits, and ACMS overhead) is $16.01/hr for each crossing guard.
If authorized, it is recommended that compensation increase to $18.64/hr
(includes 31.5% payroll burden) immediately and then to $20.61/hr at the start of
the 2017/18 school year. Due to these adjustments, it is recommended that future
year CPI adjustments be eliminated.
ACMS is a good contractor that has provided many years of service to the City
and it is important that all locations be staffed to the fullest extent possible. It is
anticipated that ACMS will honor their contractual requirements and execute a
good faith agreement.
Sustainability Impact
No sustainability impact.
Fiscal Impact
In the 15/16 operating budget, approximately $185,000 was budgeted for crossing
guard services in account number 100-83-807-700-702. Due to reduced crossing
guard staffing, budget savings of $36,847 were realized in 15/16 and these funds
were carried over to the 16/17 budget. A $2.63/hr increase in compensation is
expected to cost $28,404 in 16/17 and a subsequent $1.97/hr increase in 17/18 is
expected to cost $21,276. No additional dollars are needed in the 16/17 budget as
prior year savings exceed additional compensation costs. Increased budget for
these services will be needed in 17/18.
_____________________________________
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:
205
A - Draft Amendment
B – ACMS Additional Compensation Request Letter dated September 12, 2016
206
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND ALL CITY MANAGEMENT SERVICES INC.
This First Amendment to the Agreement between the City of Cupertino and All City
Management Services for reference dated October 4th, 2016 is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and All City Management Services a
California Corporation (“Contractor”) whose address is 10440 Pioneer Blvd., Suite 5, Santa Fe
Springs, CA 90670 and is made with reference to the following:
RECITALS:
A. On August 17th, 2015, an agreement was entered into by and between City and
Contractor (hereinafter "Agreement") for crossing guard services at various locations throughout
the City. The Agreement and the First Amendment are collectively referred to as the “Agreement”
unless otherwise indicated.
B. City and Contractor desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 3.1 – Contract Time of the Agreement is modified to read as follows:
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.
With satisfactory performance by the contractor, the term of this agreement shall be three
(3) years from the start date of the agreement. The City shall retain the option to extend the term
of the agreement for an additional two (2) years, for a possible total of five (5) years. Contractor
performance will be documented weekly by the Street Supervisor, with deficiencies communicated
to the Contractor. An annual review of contractor performance will be completed by March 31st
of each year. Satisfactory performance will be achieved if annual liquidated damages are less than
$1,500 for missed crossing guard events and $200 for improper staging of pedestrian flow.
Compensation to Contractor shall be $15.59/hr for the 15/16 school year; $16.01/hr for the
start of 16/17 school year; $18.64/hr effective upon execution of this amendment through the end
of the 16/17 school year, and $20.61/hr effective for the 17/18 school year. There will be no CPI
adjustment during the remaining terms of the agreement. Any renewal after the first three years
shall be accomplished by the City providing a written notice of renewal to the Contractor at least
30 days prior to expiration of the term. Any such renewal shall contain the same provisions as the
original agreement with compensation adjustments limited to actual changes in minimum wage
requirements plus 31.5% labor burden added. Minimum wage payable to crossing guard staff for
calendar year 2017& 2018 shall be $12/hr and $13.50/hr, respectively.
The City shall have the authority to suspend this agreement, wholly or in part, for such
period as deems necessary due to unfavorable conditions or to the failure on the part of the
Contractor to perform any provisions of this agreement.
2. Except as expressly modified herein, all other terms and covenants set forth in the
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Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement
to be executed.
CONTRACTOR CITY OF CUPERTINO
A Municipal Corporation
By____________________ By: ___________________
Title __________________ Title __________________
Date __________________
RECOMMENDED FOR APPROVAL:
By: _________________
Title ________________
APPROVED AS TO FORM:
____________________
City Attorney
ATTEST:
____________________
City Clerk
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1842 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:7/11/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Second Reading of an Ordinance of the City Council of the City of Cupertino Amending Title
1, Chapter 1.10, to add Section 1.10.055, “Recording Notice of Violations”; amending Title 19,
Chapter 19.08, Section 19.08.030 “Definitions”, amending Chapter 19.12 Section 19.12.080
“Application Process” and Section 19.12.180 “Expiration, Extension and Revocation”, amending
Chapter 19.28 Section 19.28.120, “Landscape Requirements”, amending Chapter 19.32 Section
19.32.010 “Purpose”, repealing and replacing Chapter 19.56, “Density Bonus”, and amending Chapter
19.104 to add Section 19.104.205, “Message Substitution”; related to permits, procedures, and
requirements of the code to conform to law, ensure internal consistency, and provide clarification.
Application No(s): MCA-2016-01; Applicant(s): City of Cupertino; Location: citywide
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
B - Redline Versions
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:SecondReadingofanOrdinanceoftheCityCounciloftheCityofCupertino
AmendingTitle1,Chapter1.10,toaddSection1.10.055,“RecordingNoticeofViolations”;
amendingTitle19,Chapter19.08,Section19.08.030“Definitions”,amendingChapter19.12
Section19.12.080“ApplicationProcess”andSection19.12.180“Expiration,Extensionand
Revocation”,amendingChapter19.28Section19.28.120,“LandscapeRequirements”,
amendingChapter19.32Section19.32.010“Purpose”,repealingandreplacingChapter19.56,
“DensityBonus”,andamendingChapter19.104toaddSection19.104.205,“Message
Substitution”;relatedtopermits,procedures,andrequirementsofthecodetoconformtolaw,
ensureinternalconsistency,andprovideclarification.ApplicationNo(s):MCA-2016-01;
Applicant(s): City of Cupertino; Location: citywide
ConductthesecondreadingofOrdinanceNo.16-2149“AnordinanceoftheCityCouncilof
theCityofCupertinoamendingTitle1,Chapter1.10,toaddSection1.10.055,“Recording
NoticeofViolations”;amendingTitle19,Chapter19.08,Section19.08.030“Definitions”,
amendingChapter19.12Section19.12.080“ApplicationProcess”andSection19.12.180
“Expiration,ExtensionandRevocation”,amendingChapter19.28Section19.28.120,
“LandscapeRequirements”,amendingChapter19.32Section19.32.010“Purpose”,repealing
andreplacingChapter19.56,“DensityBonus”,andamendingChapter19.104toaddSection
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File #:16-1842,Version:1
andreplacingChapter19.56,“DensityBonus”,andamendingChapter19.104toaddSection
19.104.205,“MessageSubstitution”;relatedtopermits,procedures,andrequirementsofthe
code to conform to law, ensure internal consistency, and provide clarification
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DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Second Reading of an Ordinance of the City Council of the City of Cupertino Amending Title
1, Chapter 1.10, to add Section 1.10.055, “Recording Notice of Violations”; amending Title 19,
Chapter 19.08, Section 19.08.030 “Definitions”, amending Chapter 19.12 Section 19.12.080
“Application Process” and Section 19.12.180 “Expiration, Extension and Revocation”,
amending Chapter 19.28 Section 19.28.120, “Landscape Requirements”, amending Chapter
19.32 Section 19.32.010 “Purpose”, repealing and replacing Chapter 19.56, “Density Bonus”,
and amending Chapter 19.104 to add Section 19.104.205, “Message Substitution”; related to
permits, procedures, and requirements of the code to conform to law, ensure internal
consistency, and provide clarification (Application No. MCA-2016-01; Applicant: City of
Cupertino; Location: City-wide)
Recommended Action
Conduct the second reading of Ordinance No. 16-2149 “An ordinance of the City Council of
the City of Cupertino amending Title 1, Chapter 1.10, to add Section 1.10.055, “Recording
Notice of Violations”; amending Title 19, Chapter 19.08, Section 19.08.030 “Definitions”,
amending Chapter 19.12 Section 19.12.080 “Application Process” and Section 19.12.180
“Expiration, Extension and Revocation”, amending Chapter 19.28 Section 19.28.120,
“Landscape Requirements”, amending Chapter 19.32 Section 19.32.010 “Purpose”, repealing
and replacing Chapter 19.56, “Density Bonus”, and amending Chapter 19.104 to add Section
19.104.205, “Message Substitution”; related to permits, procedures, and requirements of the
code to conform to law, ensure internal consistency, and provide clarification (Attachment
A).
Discussion
On September 20, 2016 the City Council introduced and conducted the first reading of
Ordinance No. 16-2149. The City Council approved the proposed ordinance for the second
reading (Attachment B has a redline version of the ordinance).
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CEQA
The proposed Ordinance is not a project within the meaning of section 15378 of the California
Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in
physical change in the environment, either directly or ultimately. In the event that this
Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to
have no possibility of a significant effect on the environment.
Sustainability Impact
None
Fiscal Impact
None
_________________
Prepared by: Gian Paolo Martire, Assistant Planner
Reviewed by: Benjamin Fu, Assistant Director of Community Development
Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Ordinance No. 16-2149
B. Redline version of revisions to Draft Ordinance
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Ordinance No. 16-2149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 1, CHAPTER 1.10, TO ADD SECTION 1.10.055, “RECORDING
NOTICE OF VIOLATIONS”; AMENDING TITLE 19, CHAPTER 19.08, SECTION
19.08.030 “DEFINITIONS”, AMENDING CHAPTER 19.12 SECTION 19.12.080
“APPLICATION PROCESS” AND SECTION 19.12.180 “EXPIRATION, EXTENSION
AND REVOCATION”, AMENDING CHAPTER 19.28 SECTION 19.28.120, “LANDSCAPE
REQUIREMENTS”, AMENDING CHAPTER 19.32 SECTION 19.32.010 “PURPOSE”,
REPEALING AND REPLACING CHAPTER 19.56, “DENSITY BONUS”, AND
AMENDING CHAPTER 19.104 TO ADD SECTION 19.104.205, “MESSAGE
SUBSTITUION”; RELATED TO PERMITS, PROCEDURES, AND REQUIREMENTS OF
THE CODE TO CONFORM TO LAW, ENSURE INTERNAL CONSISTENCY, AND
PROVIDE CLARIFICATION
WHEREAS, this Ordinance is determined to be not a project under the requirements of the
California Quality Act of 1970, together with related State CEQA Guidelines (collectively,
“CEQA”) in that proposed Ordinance is not a project within the meaning of section 15378 of
the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for
resulting in physical change in the environment, either directly or ultimately. In the event that
this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have
no possibility of a significant effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the not a
project determination and exemption, and using its independent judgment, determines the
Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
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SECTION 1. Statement of Purpose.
The Municipal Code is reviewed and amended to ensure consistency with State Law, internal
consistency, clarifications and to make clarifications based upon changes in the law. At this
time, revisions have been identified to chapters within Title 1 General Provisions and Title 19
Zoning.
SECTION 2. Chapter 1.10 of Title 1 of the Cupertino Municipal Code is hereby
amended by adding Section 1.10.055 to be numbered and entitled and to read as follows:
1.10.055 Recording of Notice of Violation.
If the enforcement officer has determined that a violation of the provisions of this Code exist,
he or she may also provide a notice of intent to record a notice of code violation to the owner
of the property upon which the violation is located. The notice of intent to record shall be
provided in the same manner as is required for an administrative citation, and may be
appealed in the same manner as an administrative citation. If there is no timely appeal, or at
the conclusion of any appeal, should the City prevail, and the violation continues to exist, the
enforcement officer may record a notice of violation in the office of the County Recorder.
SECTION 3. Section 19.08.030 of Chapter 19.08 of Title 19 of the Cupertino Municipal Code
is hereby amended as follows:
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
“Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
“Abutting” means having property or district lines in common.
“Accessory building” means a building which is incidental to and customarily associated with
a specific principal use or facility and which meets the applicable conditions set forth in
Chapter 19.100, Accessory Buildings/Structures.
“Accessory structure” means a subordinate structure, the use of which is purely incidental to
that of the main building and which shall not contain living or sleeping quarters. Examples
include a deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded.
“Addition” means any construction which increases the size of a building or facility in terms
of site coverage, height, length, width, or gross floor area ratio.
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“Adjacent property” means property that abuts the subject property, including property
whose only contiguity to the subject site is a single point and property directly opposite the
subject property and located across a street.
“Adult bookstore” means a building or portion thereof used by an establishment having as a
substantial or significant portion of its stock in trade for sale to the public or certain members
thereof, books, magazines, and other publications which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined.
“Adult cabaret” means a building or portion thereof used for dancing purposes thereof or area
used for presentation or exhibition or featuring of topless or bottomless dancers, strippers,
male or female impersonators or similar entertainers, for observations by patrons or customers.
“Adult motion picture theater” means a building or portion thereof or area, open or enclosed,
used for the presentation of motion pictures distinguished or characterized by an emphasis
on matter depicting, describing or relating to “specified sexual activities” or “specified
anatomical areas,” as hereinafter defined, for observation by patrons or customers.
“Advertising statuary” means a structure or device of any kind or character for outdoor
advertising purposes which displays or promotes a particular product or service, but without
name identification.
“Aerial” means a stationary transmitting and/or receiving wireless communication device
consisting of one or any combination of the elements listed below:
1. “Antenna” means a horizontal or vertical element or array, panel or dish that may be
attached to a mast or a tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. “Mast” means a vertical element consisting of a tube or rod which supports an antenna.
3. “Tower” means a vertical framework of cross elements which supports either an antenna,
mast or both.
4. “Guy wires” means wires necessary to insure the safety and stability of an antenna, mast
or both.
“Affordable housing cost” means the amount set forth in the Health and Safety Code Section
50052.5, as may be amended.
“Affordable rent” means the amount set forth in the Health and Safety Code Section 50053, as
may be amended.
“Affordable units” means housing units available at affordable rent or affordable housing
cost to lower or moderate income households.
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“Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture,
livestock farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards,
bone yard, or plants for the reduction of animal matter or any other similar use.
“Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
“Alteration”, for purposes of the Sign Ordinance, means any permanent change to a sign.
“Alteration” means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of buildings
or structures on a site, or substantial change in appearances of any building or structure.
1. “Incidental alteration” means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure; any
alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility
services, fixtures, or appliances; any addition, closing, or change in size of doors or
windows in the exterior walls; or any replacement of a building facade which does not
increase the structural strength of the structure.
2. “Structural alteration” means any alteration not deemed an incidental alteration.
“Amusement park” means a commercial facility which supplies various forms of indoor and
outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. “Adult animal” means any animal four months of age or older.
2. Animal, Large. “Large animal” means any equine, bovine, sheep, goat or swine or similar
domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. “Small animal” means animals which are commonly found in single-family
residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
“Animal care” means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
“Apartment” means a room or a suite of two or more rooms which is designed for, intended
for, and occupied by one family doing its cooking there.
“Apartment house” means a building designed and used to house three or more families,
living independently of each other.
“Apartment project” means a rental housing development consisting of two or more dwelling
units.
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“Approval Body” means the Director of Community Development and his/her designee, the
Planning Commission or City Council depending upon context.
“Architectural feature” means any part or appurtenance of a building or structure which is not
a portion of the living area of the building or structure. Examples include: cornices, canopies,
eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of
the floor area shall not constitute an architectural projection.
“Architectural projection,” for purposes of the Sign Ordinance, means any permanent
extension from the structure of a building, including the likes of canopies, awnings and fascia.
“Atrium” means a courtyard completely enclosed by walls and/or fences.
“Attic” means an area between the ceiling and roof of a structure, which is unconditioned (not
heated or cooled) and uninhabitable.
“Automotive service station” means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale
of food or grocery items on the same site is prohibited except for soft drinks and snack foods,
either from automatic vending machines or from shelves. The sale of alcoholic beverages on
the site is governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline.
“Automotive repair and maintenance (minor)” means the supplying of routine automotive
services such as lubrication, engine tune-ups, smog certificates, servicing of tires, brakes,
batteries and similar accessories, and minor repairs involving engine accessories. Any repair
which requires the engine, drive train, transmission assembly, exhaust system, or drive train
parts to be removed from a motor vehicle or requires the removal of internal parts shall not be
considered minor. Body and paint shop operations are not minor repairs or maintenance.
“Average slope” means the ratio between vertical and horizontal distance expressed in
percent; the mathematical expression is based upon the formula described below:
S =
I x L x 100
A
S = Average slope of ground in
percent;
L = Combined length in feet of all contours on
parcel;
I = Contour interval in feet; A = Area of parcel in square feet.
B. “B” Definitions:
[NO CHANGE]
C. “C” Definitions:
“Canopy” means any roof-like structure, either attached to another structure or freestanding,
or any extension of a roof line, constructed for the purpose of protection from the elements or
aesthetic purposes in connection with outdoor living.
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“Car shelter” means a roofed structure or a part of a building not enclosed by walls, intended
and designed to accommodate one or more vehicles.
“Caretaker” means a person or persons employed for the purpose of protecting the principal
use of the property or structure.
“Centerline” means the centerline as established by the County Surveyor of Santa Clara
County, the City Engineer, or by the State Division of Highways of the State of California.
“Changeable copy sign” means any sign, or portion, which provides for each manual changes
to the visible message without changing structural surfaces, including the likes of theater
marquees and gasoline service station price signs, but excluding electronic reader board signs
and signs which display the current time or temperature.
“Change of face” means any changes to the letter style, size, color, background, or message.
“Change of use” means the replacement of an existing use by a new use, or a change in the
nature of an existing use, but not including a change in ownership, tenancy or management
where the previous nature of the use, line of business, or other function is substantially
unchanged.
“Child” means a person who is under eighteen years of age.
“Child day care facility” means a facility, licensed by the State or County, which provides non-
medical care to children in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual on less than a
twenty-four-hour basis. Child day care facility includes day care centers, employer sponsored
child-care centers and family day care homes.
“Church” means a use providing facilities for organized religious worship and religious
education incidental thereto, but excluding a private educational facility. A property tax
exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, constitutes prima facie evidence that such use is a church as defined in
this section.
“College” or “university” means an educational institution of higher learning which offers a
course of studies designed to culminate in the issuance of a degree or defined by Section 94110
of the Education Code of the State of California, or successor legislation.
“Collocation” means the placement of aerials and other facilities belonging to two or more
communication service providers on a single mast or building.
“Commercial recreation” means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar
services, operated on a private or for-profit basis, but excluding uses defined as outdoor
recreation services.
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“Community center” means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
“Commercial district,” for purposes of the Sign Ordinance, means an area of land designated
for commercial use in the current Cupertino General Plan.
“Common interest development” means the following, all definitions of which are based upon
Civil Code Section 4100 or subsequent amendments:
1. A condominium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
“Community organization” means a nonprofit organization based in the City and whose
activities benefit the City, its residents, employees, or businesses.
“Concession” means a benefit offered by the City to facilitate construction of eligible projects
as defined by the provisions of Chapter 19.56, Density Bonus. Benefits may include, but are
not limited to, priority processing, fee deferments and waivers, granting of variances, and
relaxation of otherwise applicable permit conditions or other concessions required by law.
“Condominium conversion” or “Conversion” means a change in the type of ownership of a
parcel (or parcels) of land, together with the existing attached structures, to that defined as a
common interest development, regardless of the present or prior use of such land and
structures and whether substantial improvements have been made or are to be made to such
structure.
“Condominium project” or “project” includes the real property and any structures thereon, or
any structures to be constructed thereon, which are to be divided into condominium
ownership.
“Condominium units” or “units” means the individual spaces within a condominium project
owned as individual estates.
“Congregate residence” means any building or portion which contains facilities for living,
sleeping and sanitation, as required by the California Building Code and may include facilities
for eating and cooking for occupancies other than a family. A congregate residence may be a
shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or
lodging houses.
“Convalescent facility” means a use other than a residential care home providing inp atient
services for persons requiring medical attention, but not providing surgical or emergency
medical services.
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“Convenience market” means a use or activity that includes the retail sale of food, beverages,
and small personal convenience items, including sale of food in disposable containers
primarily for off-premises consumption, and typically found in establishments with long or
late hours of operation and in relatively small buildings, but excluding delicatessens and other
specialty food shops and establishments which have a sizable assortment of fresh fruits,
vegetables, and fresh-cut meats.
“Corner triangle” means a triangular-shaped area bounded by the following, unless deemed
otherwise by the City Engineer:
1. The intersection of the tangential extension of front and street side property lines as formed
by the intersection of two public rights-of-way abutting the said property lines; and
2. The third boundary of the triangular-shaped area shall be a line connecting the front and
side property lines at a distance of forty feet from the intersection of the tangential extension
of front and side property lines.
“Corner triangle,” for purposes of the Sign Ordinance, means a triangular-shaped area of land
adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard
Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner
Triangle–Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle–
Uncontrolled Intersections for details.)
“Court” means an open, unoccupied space, other than a yard, on the same lot with a building
or buildings and which is bounded on two or more sides by such building or buildings,
including the open space in a house court or court apartment providing access.
“Covered parking” means a carport or garage that provides full overhead protection from the
elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not
ordinarily roof coverings and cannot be used in providing a covered parking space.
D. “D” Definitions:
[NO CHANGE]
E. “E” Definitions:
“Economically feasible” means when a housing development can be built with a reasonable
rate of return. The housing developer’s financial ability to build the project shall not be a
factor.
Emergency Shelter:
“Emergency shelter, rotating” means a facility that provides temporary housing with minimal
supportive services and meets criteria in Section 19.76.030(2).
“Emergency shelter, permanent” means a permanently operated facility that provides
temporary housing with minimal supportive services and meets criteria in Section 19.76.030(3).
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“Employee Housing” means accommodations for employees as defined by Health and Safety
Code 17008, as may be amended.
“Enclosed” means a covered space fully surrounded by walls, including windows, doors and
similar openings or architectural features, or an open space of less than one hundred square
feet fully surrounded by a building or walls exceeding eight feet in height.
“Entry feature” means a structural element, which leads to an entry door.
“Equestrian center” means a facility for the shelter, display, exhibition, keeping, exercise or
riding of horses, ponies or mules, or vehicles drawn by such animals, with related pasture
lands, corrals and trails.
“Equipment yard” means a use providing for maintenance, servicing or storage of motor
vehicles, equipment or supplies; or for the dispatching of service vehicles; or distribution of
supplies or construction materials required in connection with a business activity, public utility
service, transportation service, or similar activity, including but not limited to, a construction
material yard, corporation yard, vehicular service center or similar use.
F. “F” Definitions:
“Facility” means a structure, building or other physical contrivance or object.
1. “Accessory facility” means a facility which is incidental to, and customarily associated with
a specified principal facility and which meets the applicable conditions set forth in Chapter
19.80.
2. “Noncomplying facility” means a facility which is in violation of any of the site
development regulations or other regulations established by this title, but was lawfully
existing on October 10, 1955, or any amendment to this title, or the application of any
district to the property involved by reason of which the adoption or application the facility
becomes noncomplying.
3. “Principal facilities” means a main building or other facility which is designed and
constructed for or occupied by a principal use.
“Family” means an individual or group of persons living together who constitute a bona fide
single housekeeping unit in a dwelling unit. “Family” shall not be construed to include a
fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or
institution of any kind.
“Fence” means a man-made structure which is designed, intended or used to protect, defend
or obscure the interior property of the owner from the view, trespass or passage of others
upon that property.
“Fence height” means the vertical distance fr om the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a case where the finish grade is different for
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each side of the fence, the grade with the highest elevation shall be utilized in determining the
fence height.
“First floor” means that portion of a structure less than or equal to twenty feet in height,
through which a vertical line extending from the highest point of exterior construction to the
appropriate adjoining grade, passes through one story.
“Flag” means any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol of a government, political subdivision, or other entity.
“Floor area” means the total area of all floors of a building measured to the outside surfaces of
exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator
shafts; 4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet
in height between any floor level and the ceiling above; 6. Basements with lightwells that do
not conform to Section 19.28.070(I); 7. Residential garages; 8. Roofed arcades, plazas,
walkways, porches, breezeways, porticos, courts, and similar features substantially enclosed
by exterior walls; 9. Sheds and accessory structures.
“Floor area” shall not include the following: 1. Basements with lightwells that conform to
Section 19.28.070(I) ; 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential
garages, accessory to a permitted conditional use and located on the same site; 5. Roofed
arcades, plazas, walkways, porches, breezeways, porticos, courts and similar features not
substantially enclosed by exterior walls.
“Floor area ratio” means the ratio of gross floor area on a lot to the lot area.
“Foot-lambert” means a unit measurement of the brightness of light transmitted through or
reflected from an object or surface.
“Freeway” means any public roadway so designated by the State of California.
“Front wall” means the wall of a building or other structure nearest the street upon which the
building faces, but excluding certain architectural features as defined in this chapter.
G. “G” Definitions:
[NO CHANGE]
H. “H” Definitions:
[NO CHANGE]
I. “I” Definitions:
[NO CHANGE]
J. “J” Definitions:
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[NO CHANGE]
K. “K” Definitions:
[NO CHANGE]
L. “L” Definitions:
“Landscaping” means an area devoted to or developed and maintained with native or exotic
planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative
outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of
rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage
areas), and sculptural elements.
“Late evening activities” means an activity which maintains any hours of operation during the
period of eleven p.m. to seven a.m.
“Legal substandard lot” means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in the
zone; or lots or parcels of record which are reduced to a substandard lot size as a result of
required street dedication unless otherwise provided in the City of Cupertino General
Plan. The owner of a legally created, substandard property which is less than six thousand
square feet but equal to or greater than five thousand square feet may utilize such parcel for
residential purposes. The owner of a legally created parcel of less than five thousand square
feet may also develop the site as a single-family residential building site if it can be
demonstrated that the property was not under the same ownership as any contiguous property
on the same street frontage as of or after July 1, 1984.
“Lightwell” means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
“Liquor store” means a use requiring a State of California “off-sale general license” (sale for
off-site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the
total dollar sales accounted for by beverage covered under the off-sale general license.
“Living space” means habitable space and sanitation.
“Loading space” means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
“Lodging” means the furnishing of rooms or groups of rooms within a dwelling unit or an
accessory building to persons other than members of the family residence in the dwelling unit,
for overnight occupancy on a residential occupancy basis, whether or not meals are provided
to the person. Lodging shall be subject to the residential density requirements of the district
in which the use is located.
“Lodging unit” means a room or group of rooms not including a kitchen, used or intended for
use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit
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providing lodging where designed or used for occupancy by more than two persons; each two-
person capacity shall be deemed a separate lodging unit for the purpose of determining
residential density; each two lodging units shall be considered the equivalent of one dwelling
unit.
“Lot” means a parcel or portion of land separated from other parcels or portions by description,
as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease
or separate use.
1. “Corner lot” means a lot situated at the intersection of two or more streets, or bounded on
two or more adjacent sides by street lines.
2. “Flag lot” means a lot having access to a street by means of a private driveway or parcel of
land not otherwise meeting the requirement of this title for lot width.
3. “Interior lot” means a lot other than a corner lot.
4. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a
continuation of the side line of the corner lot, and fronting on the street which intersects or
intercepts the street on which the corner lot fronts.
“Lot area” means the area of a lot measured horizontally between boundary lot lines, but
excluding a portion of a flag lot providing access to a street and lying between a front lot line
and the street, and excluding any portion of a lot within the lines of any natural watercourse,
river, stream, creek, waterway, channel or flood control or drainage easement and excluding
any portion of a lot acquired, for access and street right-of-way purposes, in fee, easement or
otherwise.
“Lot coverage” means the following:
1. “Single-family residential use” means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape features,
lightwells, and open recreational facilities. Sheds are included in lot coverage.
2. “All other uses except single-family residential” means the total land area within a site that
is covered by buildings, but excluding all projections, ground-level paving, landscape
features, and open recreational facilities.
“Lot depth” means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no
clear rear lot line.
“Lot line” means any boundary of a lot.
1. “Front lot line” means on an interior lot, the lot line abutting a street, or on a corn er lot, the
shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and
nearest the street from which access is obtained. Lot line length does not include arc as
identified on corner parcels.
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2. “Interior lot line” means any lot line not abutting a street.
3. “Rear lot line” means the lot line not intersecting a front lot line which is most distant from
and the most closely parallel to the front lot line. A lot bounded by only three lot lines will
not have a rear lot line.
4. “Side lot line” means any lot line which is not a front or rear lot line.
5. “Street lot line” means any lot line abutting a street.
“Lot of record” means a lot which is part of a subdivision recorded in the office of the County
Recorder, or a lot or parcel described by metes and bounds which has been recorded.
“Lot width” means the horizontal distance between side lot lines, measured at the required
front setback line.
“Lower-income household” means a household whose gross income does not exceed that
established by Health and Safety Code Section 50079.5, as may be amended.
M. “M” Definitions:
“Major renovation,” for purposes of Chapter 19.116, Conversions of Apartment Projects to
Common Interest Development, means any renovation for which an expenditure of more than
one thousand dollars was made. “Major repair,” for purposes of Chapter 19.116, Conversions
of Apartment Projects to Common Interest Development, means any repair for which an
expenditure of more than one thousand dollars was made.
“Major Transit Stop,” for purposes of Chapter 19.56, Density Bonus, means an existing site, or
a site included in the regional transportation plan, that contains a rail transit station, a ferry
terminal served by either a bus or rail transit service, or the intersection of two or more major
bus routes with a frequency of service interval of 15 minutes or less during the morning and
afternoon peak commute periods. A housing development is considered to be within one-half
mile of a major transit stop if all parcels within the housing development have no more than
25 percent of their area farther than one-half mile from the stop and if not more than 10 percent
of the units or 100 units, whichever is less, in the housing development are farther than one-
half mile from the stop as set forth in Government Code Section 65915(p)(3)(A), as may be
amended
“Manufacturing” means a use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing fabrication, assembly,
treatment, packaging of products, but excluding basic industrial processing of extracted or raw
materials, processes utilizing inflammable or explosive material (i.e., materials which ignite
easily under normal manufacturing conditions), and processes which create hazardous or
commonly recognized offensive conditions.
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"Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused
in foodstuff, and concentrated cannabis and the separated resin, whether crude or petrified,
obtained from marijuana. It does not include the mature stalks of the plant, fiber produced
from the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin
extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of
germination.
1. " Medical Marijuana" is marijuana used for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician who has determined
that the person's health would benefit from the use of marijuana in the treatment of
acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic
pain, glaucoma, migraine, spasticity, or any other serious medical condition for which
marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety
Code § 11362.7.
“Marijuana cultivation facility” means any business, facility, use, establishment, property, or
location where the cultivation of marijuana occurs. A “marijuana cultivation facility” does not
include a “qualified patient’s” primary residence provided such cultivation of medical
marijuana is for his or her personal use.
“Massage” means any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body
with the hands or with any mechanical or electrical apparatus or other appliances or devices
with or without such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder,
cream, lotion, ointment or other similar preparations.
“Massage parlor” means a building or portion thereof, or a place where massage is
administered for compensation or from which a massage business or service for compensation
is operated which is not exempted or regulated by the Massage Establishment Ordinance as
contained in Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06.
“Maximum allowable residential density,” for purposes of Chapter 19.56, Density Bonus,
means the maximum density allowed under the zoning ordinance and land use element of the
general plan. For purposes of that Chapter, if the maximum density allowed under the zoning
ordinance is inconsistent with the density allowed under the land use element of the general
plan, the general plan density shall prevail.
"Medical marijuana dispensary" means any business, facility, use, establishment, property, or
location, whether fixed or mobile, where medical marijuana is sold, made available, delivered,
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transported, and/or distributed. A "medical marijuana dispensary" does not include the
following uses:
a. A “qualified patient” transporting “medical marijuana” for his or her personal use;
b. A “primary caregiver” delivering or transporting “medical marijuana” to a “qualified
patient;”
c. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
d. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code;
e. A residential care facility for persons with chronic life-threatening illness licensed pursuant
to Chapter 3.01 of Division 2 of the Health and Safety Code;
f. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of
the Health and Safety Code; or
g. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division
2 of the Health and Safety Code.
“Minor change” means an alteration or modification of an existing plan, development or
project which is substantially inferior in bulk, degree or importance to the overall dimension
and design of the plan, development or project with no change proposed for the use of the land
in question, no change proposed in the character of the structure or structures involved, and
no variance required.
“Mobilehome” means a vehicle, other than a motor vehicle, designed or used as semi-
permanent housing, designed for human habitation, for carrying persons and property on its
own structure, and for being drawn by a motor vehicle, and shall include a trailer coach.
“Mobilehome park” means any area or tract of land where lots are sold, rented, or held out for
rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose
of permanent or semi-permanent housing.
“Moderate income household” means a household whose gross income does not exceed that
established by Section 50093 of the Health and Safety Code, as may be amended.
“Multiple-family use” means the use of a parcel for three or more dwelling units which may
be in the same building or in separate buildings on the same parcel.
N. “N” Definitions:
[NO CHANGE]
O. “O” Definitions:
[NO CHANGE]
P. “P” Definitions:
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[NO CHANGE]
Q. “Q” Definitions:
[NO CHANGE]
R. “R” Definitions:
“Recreational open space” means open space within a common interest development
(exclusive of required front setback areas) which shall be used exclusively for leisure and
recreational purposes, for the use and enjoyment of occupants (and their visitors) of units on
the project and to which such occupants (and their visitors) have the right of use and
enjoyment. Accessory structures such as swimming pools, recreational buildings and
landscaped areas may be included as open space.
“Recyclable materials” means discards or waste materials that may be separated or mixed,
collected and processed, and used as raw materials for new products. For purposes of Chapter
19.108, Beverage Container Redemption and Recycling Centers, recyclable materials do not
include hazardous materials.
“Recycling center” means a facility for the collection and/or processing of recyclable materials.
Recycling center does not include storage containers or processing activity located on the
premises of a commercial or manufacturing use and use solely for the recycling of material
generated by that business or manufacturer.
1. “Recycling center, Certified” or “Certified Processor” means a recycling facility certified by
the California Department of Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 1986.
2. “Recycling center, Mobile” means an automobile, truck, trailer or van licensed by the
Department of Motor Vehicles, which is used for the collection of recyclable material. A
mobile recycling center also means the bins, boxes or containers transported by trucks,
vans, or trailers and used for the collection of recyclable materials. A mobile recycling
center may consist of an enclosed vehicle such as box cab or enclosed semi-trailer or an
open vehicle such as a flatbed trailer with bins or boxes to contain recyclable materials.
“Recycling facilities” may include the following:
1. “Collection facility” means a facility for the acceptance (donation, redemption or sale) of
recyclable materials from the public. Such a facility does not use power-driven processing
equipment except as indicated in Chapter 19.108, Beverage Container Redemption and
Recycling Centers. Collection facilities may include the following:
a. Reverse vending machine(s);
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b. Small collection facilities which occupy an area of not more than five hundred square
feet, and may include:
i. A mobile recycling unit,
ii. Bulk reverse vending machine or a grouping of reverse vending machines
occupying more than fifty square feet,
iii. Kiosk type units and bulk vending machines,
iv. Unattended containers placed for the donation of recyclable materials;
c. Large collection facilities which may occupy an area of more than five hundred square
feet, or is on a separate property not appurtenant to a host use, and may include
permanent structures.
2. “Processing facility” means a building or enclosed space use for the collection and
processing of recyclable materials. Processing means the preparation of material for
efficient shipment or to an end-user’s specifications, by such means as baling, briquetting,
compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and
remanufacturing. Processing facility includes the following:
a. A light processing facility occupies an area of under forty-five thousand square feet of
gross collection, processing and storage area and has up to two outbound truck
shipments per day. Light processing facilities are limited to baling, briquetting,
crushing, compacting, grinding, shredding and sorting of source-separated recyclable
materials and repairing of reusable materials sufficient to qualify as a certified
processing facility. A light processing facility shall not shred, compact, or bale ferrous
metals other than food and beverage containers.
b. A heavy processing facility is any processing facility other than a light processing
facility.
“Religious institution” means a seminary, retreat, monastery, conference center, or similar use
for the conduct of religious activities including accessory housing incidental thereto, but
excluding a private educational facility. Any use for which a property tax exemption has been
obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of California
and Section 206 of the Revenue and Taxation Code of the State of California, or successor
legislation, or which is used in connection with any church which has received such an
exemption, shall be prima facie presumed to be a religious institution.
“Research and development” means a use engaged in study, design, analysis and experimental
development of products, processes or services, including incidental manufacturing of
products or provisions of services to others.
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“Residential care facility” means a building or portion designed or used for the purpose of
providing twenty-four-hour-a-day nonmedical residential living accommodations pursuant to
the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other
consideration, where the duration of tenancy is determined, in whole or in part, by the
individual resident’s participation in group or individual activities such as counseling,
recovery planning, medical or therapeutic assistance. Residential care facility includes, but is
not limited to, health facilities as defined in California Health and Safety Code (H&SC Section
1250 et seq.), community care facilities (H&SC Section 1500 et seq.), residential care facilities
for the elderly (H&SC Section 1569 et seq.) or facilities for the mentally disordered or otherwise
handicapped (W&I Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment
facilities (H&SC Section 11384.11), and other similar care facilities.
“Residential district,” for purposes of the Sign Ordinance, means the R1, RHS, R2, R3, R1C,
A, and A1 zoning classifications which are consistent with the residential designation of the
Cupertino general plan.
Restaurant:
1. Restaurant, Fast-Food. “Fast-food restaurant” means a retail food service establishment in
which prepared foods or beverages are served or sold on or in disposable containers,
including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food and beverages off-site. A separate bar facility for
serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving
alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such
as ice cream stores, bakeries or shops, shall not be considered fast-food restaurants.
2. Restaurant, Full Service. “Full-service restaurant” means any restaurant which is not a fast-
food restaurant. Alcoholic beverages may be served with meals at a customer’s dining
table; however, a separate bar facility for serving alcoholic beverages is not permitted
without a use permit.
“Reverse vending machine(s)” means an automated mechanical device which accepts one or
more types of empty beverage containers, including, but not limited to aluminum cans, glass
and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less
than the containers redemption value, as determined by the State. A reverse vending machine
may sort and process containers mechanically provided that the entire process is enclosed
within the machine. In order to accept and temporarily store all three container types in a
proportion commensurate with their relative redemption rates, and to meet the requirements
of certification as a recycling center, multiple grouping of reverse vending machines may be
necessary.
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1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty
square feet; is designed to accept more than one container at a time; and will pay by weight
instead of by container.
S. “S” Definitions:
“Screened” means shielded, concealed, and effectively hidden from view at an elevation of up
to eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet
of a lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape
feature, or combination thereof.
“Second dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as
the single-family dwelling is situated.
“Senior citizens” means:
1. Persons at least sixty-two years of age; or
2. Persons at least fifty-five years of age or otherwise qualified to reside in a senior citizen
housing development, in accordance with State and federal law.
“Senior citizen housing development” means a housing development with at least thirty-five
dwelling units as defined in the Civil Code Section 51.3, or a mobilehome park that limits
residency based on age requirements for housing for older persons pursuant to Section 798.76
or 799.5 of the Civil Code, as may be amended.
“Setback line” means a line within a lot parallel to a corresponding lot line, which is the
boundary of any specified front, side or rear yard, or the boundary of any public right-of-way
or private road, whether acquired in fee, easement, or otherwise, or a line otherwise established
to govern the location of buildings, structures or uses. Where no minimum front, side or rear
yards are specified, the setback line shall be coterminous with the corresponding lot line.
Setback Area, Required. “Required setback area” means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line
and the setback line on the same parcel.
1. Setback Area, Required Front Yard. “Required front-yard setback area” means the setback
area extending across the front of a lot between the front lot line and the setback line. Front
yards shall be measured either by a line at right angles to the front lot line, or by a radial
line in the case of a curved front lot line, except flag lots which is the area extending across
the full extent of the buildable portion of the flag lot measured from the property line which
is parallel to and nearest the street line and at which point the lot width equals a minimum
of sixty feet. The Director of Community Development shall have the discretion to modify
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the provisions of this definition when it improves the design relationship of the proposed
buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. “Required rear-yard setback area” means the area
extending across the full width of the lot between the rear lot line and the nearest line or
point of the main building.
3. Setback Area, Required Side Yard. “Required side-yard setback area” means the area
between the side lot line and the nearest line of a building, and extending from the front
setback line to the rear setback line.
“Shopping center” means a group of commercial establishments, planned, developed, owned
or managed as a unit, with off-street parking provided on the parcel.
“Shopping center,” for purposes of the Sign Ordinance, means a retail entity encompassing
three or more tenants within a single building or group of buildings, but within which
individual business located in defined tenant spaces are owned and managed separately from
the shopping center management.
“Sidewalk site triangle” is a triangular shaped area described in Cupertino Standard Detail 7-
6. (See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at
Driveway)
“Sign” means any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose
of a person or entity, to communicate information of any kind to the public.
1. “Animated sign” means any sign which projects action, motion or the illusion thereof,
changes intensity of illumination or changes colors, including the likes of balloons, banners
and flags, and blowing or air-powered attractions, but excluding electronic readerboard
signs and signs that display the current time or temperature.
2. “Blade sign” means a pedestrian oriented sign, adjacent to a pedestrian walkway or
sidewalk, attached to a building wall, marquee, awning or arcade with the exposed face of
the sign in a plane perpendicular to the plane of the building wall.
3. “Development Identification Sign” means a ground sign at the major entry to a residential
development with twenty units or more meant to identify the name and address of the
development.
4. “Directional sign” means any sign which primarily displays directions to a particular area,
location or site.
5. “Directory sign” means any outdoor listing of occupants of a building or group of
buildings.
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6. “Electronic readerboard sign” means an electronic sign intended for a periodically -
changing advertising message.
7. “Freeway oriented sign” means any sign which is located within six hundred sixty feet and
visible from a freeway right-of-way as defined by Section 5200 of the California Business
and Professions Code.
8. “Garage sale signs” means any sign used for advertising a garage or patio sale as defined
in Chapter 5.16 of the Cupertino Municipal Code.
9. “Ground sign” means any sign permanently affixed to the ground and not supported by a
building structure. The height of the sign shall be measured from the grade of the adjoining
closest sidewalk to the top of the sign including trim.
10. “Identification sign” means any sign whose sole purpose is to display the name of the site
and the names of the occupants, their products or their services.
11. “Illegal sign” means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the time
of the erection of the sign or advertising statuary or which was not installed with a valid
permit from the City.
12. “Illuminated sign” means any sign utilizing an artificial source of light to enhance its
visibility.
13. “Informational sign” means any sign which promotes no products or services, but displays
service or general information to the public, including the likes of hours of operation, rest
room identifications and hazardous warnings.
14. “Landmark sign” means an existing, legal non-conforming ground sign that has a
distinctive architectural style.
15. “Nonconforming sign” means any sign or advertising statuary that was legally erected and
had obtained a valid permit in conformance with the ordinance in effect at the time of the
erection of the sign but which became nonconforming due to the adoption of the ordinance
codified in this title.
16. “Obsolete sign” means any sign that displays incorrect or misleading information,
promotes products or services no longer available at that site or identifies departed
occupants.
17. “Off-site sign” means any sign not located on the premises of the business or entity
indicated or advertised by the sign. This definition shall include billboards, poster panels,
painted bulletins and other similar advertising displays.
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18. “On-site sign” means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
19. “Political sign” means a temporary sign that encourages a particular vote in a scheduled
election and is posted prior to the scheduled election.
20. “Portable Sign or Display” means any outdoor sign or display not permanently attached to
the ground or a structure on the premises it is intended to occupy and displayed only
during business hours. Portable sign or display includes A-frames, flower carts, statues,
and other similar devices used for advertising as determined by the Director.
21. “Project announcement sign” means any temporary sign that displays information
pertinent to a current or future site of construction, including the likes of the project name,
developers, owners and operators, completion dates, availability and occupants.
22. “Projecting sign” means any sign other than a wall sign that is attached to and projects from
a structure or building face or wall.
23. “Real estate sign” means a temporary sign indicating that a particular premises is for sale,
lease or rent.
24. “Roof sign” means a sign erected between the lowest and highest points of a roof.
25. “Street address sign” means any sign that displays only the street address number(s) of the
site and, at the option of the property owner, the street name.
26. “Temporary Sign” means any sign, display, banner or promotional device which is
designed or intended to be displayed only during the allowable business hours or for short
periods of time as specified by the Director of Community Development.
27. “V-shaped signs” means any sign consisting of two vertical faces, or essentially vertical
faces, with one common edge and which appears as the letter V when viewed directly from
above.
28. “Vehicle sign” means a sign painted on or attached to an operable or movable vehicle; in
the case of motor vehicles, “operable” shall be defined as having a valid license plate.
29. “Wall sign” means any sign that is attached, erected or painted on a structure attached to a
building, a canopy structure, or the exterior wall of a building with the exposed face of the
sign parallel to the wall.
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30. “Window sign” means any sign that is intended to be read from outside of the structure or
painted on a window facing a public street, parking lot, pedestrian plaza or walkway
accessible to the public.
“Sign Area” for an individually lettered sign without a background, is measured by enclosing
the sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for
examples of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing the exterior
limits of the border or background with a single continuous perimeter. The necessary
supports, uprights, and/ or the base on which such sign is placed, shall be excluded from the
sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be computed
separately.
“Single-family use” means the use of a parcel for only one dwelling unit.
“Specialty food stores” means uses such as bakeries, donut shops, ice cream stores, produce
markets and meat markets, or similar establishments where food is prepared and/or sold
primarily for consumption off the premises.
“Site,” for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision
map, record of survey map or assessor’s parcel map, which constitutes one development site
and which may be composed of a single unit of land or contiguous units under common
ownership, control, or development agreement.
“Special event,” for purposes of the Sign Ordinance means a temporary promotional event
including, but not limited to, a special sale on merchandise or services, or grand openings.
“Special Event Banner” means any temporary sign constructed of pliable materials such as
canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and
rain without significant deterioration, and which does not require a building permit for its
construction, or installation outside of a building.
“Special needs housing,” for purposes of Chapter 19.56, Density Bonus, means any housing,
including supportive housing, intended to benefit, in whole or in part, persons identified a s
having special needs relating to mental health; physical disabilities; developmental disabilities,
including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and
risk of homelessness, and housing intended to meet the housing needs of persons eligible for
mental health services funded in whole or in part by the Mental Health Services Fund, as set
forth in Government Code Section 65915(p)(3)(C), as may be amended.
“Specified anatomical areas” means:
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1. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female
breast.
“Story” means that portion of a building, excluding a basement, between the surface of any
floor and the surface of the next floor above it, or if there is no floor above it, then the space
between the floor and the ceiling next above it.
“Street” means a public or private thoroughfare the design of which has been approved by the
City which affords the principal means of access to abutting property, including avenue, place,
way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as
defined in this chapter.
1. Street, Public. “Public street” means all streets, highways, lanes, places, avenues and
portions and including extensions in the length and width, which have been dedicated by
the owners to public use, acquired for public use, or in which a public easement for
roadway purposes exists.
“Street frontage,” for purposes of the Sign Ordinance, means the length of a site along or
fronting on a public or private street, driveway or other principal thoroughfare, but does not
include such length along an alley, watercourse, railroad right-of-way or limited access
roadway or freeway.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manne r.
1. Structure, Recreational. “Recreational structure” means any affixed accessory structure or
portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree
houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does
not include portable play structures, such as swings or climbing apparatus.
“Structurally attached” means any structure or accessory structure or portion thereof, which is
substantially attached or connected by a roof structure or similar physical attachment.
“Supportive housing” (per Government Code Section 65582(f), as may be amended) means
housing with no limit on length of stay, that is occupied by the target population, and that is
linked to onsite or offsite services that assist the supportive housing resident in retaining the
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housing, improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
T. “T” Definitions:
[NO CHANGE]
U. “U” Definitions:
“Unobstructed Access,” for purposes of Chapter 19.56, Density Bonus, means access to a
location if a resident is able to access the location without encountering natural or constructed
impediments, as set forth in Government Code Section 65915(p)(2), as may be amended.
“Use” means the conduct of an activity, or the performance of a function or operation, on a
parcel or in a building or facility.
1. “Accessory use” means a use which is incidental to and customarily associated with a
specified principal use.
2. “Conditional use” means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable solely on a discretionary or conditional
basis, subject to issuance of a conditional use permit, and to all other regulations established
by this title.
3. “Nonconforming use” means a use which is not a permitted use or conditional use
authorized within the district in which it is located, but which was lawfully existing on
October 10, 1955; or the date of any amendments thereto, or the application of any district
to the property involved, by reason of which adoption or application the use became
nonconforming.
4. “Permitted use” means a use listed by the regulations of any particular district as a
permitted use within that district, and permitted therein as a matter of right when
conducted in accord with the regulations established by this title.
5. “Principal use” means a use which fulfills a primary function of a household,
establishment, institution, or other entity.
“Useable rear yard” means that area bounded by the rear lot line(s) and the rear building line
extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g.,
addition equaling ten percent or less of the principal structure) may be included in calculation
of usable rear yard area.
V. “V” Definitions:
[NO CHANGE]
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W. “W” Definitions:
None.
X. “X” Definitions:
None.
Y. “Y” Definitions:
[NO CHANGE]
Z. “Z” Definitions:
None.
SECTION 4. Section 19.12.080 of Chapter 19.12 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows:
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for permits,
entitlements, amendments, and approvals. Unless otherwise specified in this title, all
applications for permits, entitlements, amendments and approvals required by this title shall
be filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters pertaining to
this chapter shall be filed with the Director of Community Development with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property
contingent upon their ability to acquire the necessary permit under this title and who hav e
written authorization from the property owner to make an application.
B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the scope of
the proposed project:
1. A complete legal description of the subject property and map showing the location of
the property for which the permit is sought;
2. A preliminary title report of the subject property;
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3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways,
driveways and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window treatment
and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10. Any property/development with a Homeowner's Association (HOA) or Architectural
Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB.
11. The Director of Community Development may reasonably require additional
information which is pertinent and essential to the application.
12. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
a. Zoning applications for Planned Development Zoning Districts shall also include
information required per Section 19.80.040;
b. Zoning applications for Multi-Family (R3) Residential shall also include information
required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a
property owner, or his or her designee, shall also include items identified in Section
19.44.050H.
13. Planned Development Permit and Development Permit applications shall also include
information required per Section 19.156.010.
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14. Conditional Use Permits and Variances shall also include information required per
Section 19.156.020.
15. Density Bonus Permit applications shall also include information required per Section
19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments applications shall
also include information required per Section 19.116.050.
17. Sign Permit Applications should also include information required per Section
19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution, no
part of which shall be returnable to the applicant.
D. The Approval Body is granted the authority to make the decision to grant, deny, or
impose conditions or restrictions on a permit or other approval or take any other action on a
permit or approval and to conduct and make any decisions necessary for environmental
review under the California Environmental Quality Act.
SECTION 5. Section 19.12.180 of Chapter 19.12 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows:
19.12.180 Expiration, Extension, Violation and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect, within
the time frame specified in Section 19.12.030 following its issuance, unless a shorter or
longer time period is specifically prescribed in the conditions of permit or variance,
unless:
a. A building permit is filed and accepted by the City (fees paid and control number
issued.) In the event that a building permit expires for any reason, the permit shall
become null and void.
b. The permit or variance has been used. A permit or variance shall be deemed to be
"used" when actual substantial and continuous activity has taken place upon the
land subject to the permit or variance or, in the event of the erection or modification
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of a structure or structures, when sufficient building activity has occurred and
continues to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use
permit was granted and utilized has ceased or has been suspended for one year or more,
the permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it
shall continue to exist for the life of the existing structure or such structure as may be
constructed pursuant to the approval unless a different time period is specified in its
issuance. A variance or exception from the parking and loading regulations, and a sign
exception shall be valid only during the period of continuous operations of the use
and/or structure for which the variance or exception was issued.
B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval
Authority, be extended, one-time only, for the time frame specified in Section 19.12.030,
upon timely submittal of an application with the Director of Community Development
prior to expiration.
C. Violation. Once a permit or variance is effective, any and all conditions of approval
imposed shall become operative, and the violation of any of them shall constitute a
violation of this Code.
D. Revocation
1. Process. In any case where, in the judgment of the Director, substantial evidence
indicates that the conditions of a permit or variance have not been implemented, or
where the permit or variance is being conducted in a manner detrimental to the public
health, safety, and welfare, the Director shall set a date for a public hearing before the
Approval Body that granted the original permit or variance, and notice a public hearing
in accordance with Section 19.12.110, Noticing, of this code.
2. Findings: A permit may be revoked or modified if any one of the following findings can
be made:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the permit
had ceased or was suspended for one year or more;
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iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any associated
or other use of the property in violation of the law.
v. In the case of revocation of a sign permit, the sign was abandoned for a period of
thirty days.
SECTION 6. Section 19.28.120 of Chapter 19.28 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows:
19.28.120 Landscape Requirements.
To mitigate privacy impacts and the visual mass and bulk of new two-story
homes and additions, tree and/or shrub planting is required. The intent of this
section is to provide substantial screening within three years of planting.
A. Applicability. These requirements shall apply to new two-story homes,
second-story decks, two-story additions, modifications to the existing
second-story decks and/or new windows on existing two-story homes that
increase privacy impacts on neighboring residents.
1. These requirements shall not apply to:
a. Skylights;
b. Windows with sills more than five feet above the finished second floor;
c. Obscured, non-openable windows;
d. Windows with permanent exterior louvers to a height of five feet above the
second floor;
e. Non-operable windows with obscure glass to a height of five feet above
the second floor; and
f. When waivers have been obtained by all affected property owners
B. Planting Plan. Proposals for a new two-story homes, second-story decks,
two-story additions, modifications to the existing second-story decks, and/or
new windows on existing two-story homes shall be accompanied by a planting
plan which identifies the location, species and canopy diameter of existing and
proposed trees or shrubs to meet the requirements in Section 19.28.120(C) below.
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C. Planting Requirements.
1. Front yard tree planting.
a. The tree shall be twenty-four-inch box or larger, with a minimum height of
six feet.
b. The tree shall be planted in front of new second stories in the front yard
setback area.
i. In the R1-a zone, the tree shall be placed to where views from
second story windows across the street are partially mitigated.
c. The Director of Community Development may waive the front yard
tree based on a report from an internationally-certified arborist citing conflict
with existing mature tree canopies onsite or in the public right-of-way.
2. Privacy planting.
a. New trees and/or shrubs are required on the applicant's property in
an area bounded by a thirty-degree angle on each side window jamb.
i. The following is required for all side and rear yard-facing second
story windows in the R1-6e zone:
Cover windows with exterior louvers to a height of five feet
above the second floor; or
Obscure glass to a height of five feet above the second floor;
or
Have a window sill height of five feet minimum above the
finished second floor.
b. The Planning Division shall maintain a list of allowed privacy
planting trees and shrubs. The list includes allowed plant species, minimum
size of trees and shrubs, expected canopy or spread size, and planting
distance between trees.
i. In the R1-a zone, the minimum height of privacy trees at the time
of planting shall be twelve feet.
ii. In the R1-a zone, privacy planting shall have a minimum setback
from the property line equivalent to one-quarter of the spread noted on the
City list.
c. The trees and/or shrubs shall be planted prior to issuance of a final
occupancy permit.
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3. Waivers.
a. New trees and/or shrubs are not required to replace existing front or
privacy trees or shrubs if an Internationally Certified Arborist or Licensed
Landscape Architect verifies that the existing trees/shrubs have the
characteristics of privacy planting species, subject to approval by the Director or
Community Development.
b. Affected property owner(s) may choose to allow privacy planting on
their own property. In such cases, the applicant must plant the privacy screening
prior to issuance of a building permit.
c. The privacy mitigation measures may be modified in any way
with a signed waiver statement from the affected property owner.
Modifications can include changes to the number of shrubs or trees, their
species or location.
4. Covenant. The property owner shall record a covenant with the Santa
Clara County Recorder's Office that requires the retention of all privacy
planting, or use of existing vegetation as privacy planting, and required front
yard trees, prior to receiving a final building inspection from the Buildin g
Division. This regulation does not apply to situations described in subsection
(C)(3)(b) of this section.
5. Maintenance. The required plants shall be maintained. Landscape
planting maintenance includes irrigation, fertilization and pruning as
necessary to yield a growth rate expected for a particular species.
6. Replacement. Where required planting is removed or dies it must be
replaced within thirty days with privacy tree(s) of similar size as the tree(s)
being replaced, unless it is determined to be infeasible by the Director of
Community Development.
SECTION 7. Section 19.32.010 of Chapter 19.32 of Title 19 of the Cupertino Municipal
Code is hereby amended to read as follows:
19.32.010 Purpose.
The residential duplex zoning district is intended to allow a second dwelling unit under the
same ownership as the initial dwelling unit. The residential duplex district is intended to
increase the variety of housing opportunities within the community while maintaining the
existing neighborhood character.
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SECTION 8. Chapter 19.56 of Title 19 of the Cupertino Municipal Code entitled “Density
Bonus” is hereby repealed and replaced with Chapter 19.56 to be numbered and entitled and
to read as set forth in Attachment “I”.
SECTION 9. Chapter 19.104 of Title 19 of the Cupertino Municipal Code is hereby amended
by adding Section 19.104.205 to be numbered and entitled and to read as follows:
19.104.205 Message substitution
A. Subject to the private property owner’s consent, a constitutionally protected
noncommercial message of any category or content may be substituted, in whole or in
part, for any allowed commercial message or any other protected noncommercial
message, provided that the sign structure or mounting device is legal without
consideration of message content. Such substitution of message may be made without any
additional approval or permitting. The purpose of this provision is to prevent any
favoring of commercial speech over non-commercial speech, or favoring of any particular
protected noncommercial message over any other protected noncommercial message.
Message substitution is a continuing right which may be exercised any number of times.
B. The message substitution right does not:
1. Create a right to increase the total amount of sign display area on a site or parcel;
2. Create a right to substitute an off-site commercial message in place of an onsite
commercial message or in place of a noncommercial message;
3. Affect the requirement that a sign structure or mounting device must be properly
permitted;
4. Authorize changing the physical method of image presentation (such as digital or
neon) display without a permit; or
5. Authorize a physical change to the sign structure without compliance with applicable
building codes, safety codes, and neutrally-applicable rules for sign size, height,
orientation, setback, separation or illumination.
SECTION 10: Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable.
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SECTION 11: Effective Date. This Ordinance shall take effect thirty days after adoption
as provided by Government Code Section 36937.
SECTION 12: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give
notice of its adoption as required by law. Pursuant to Government Code Section 36933, a
summary of this Ordinance may be published and posted in lieu of publication and posting of
the entire text.
SECTION 13: Continuity.
To the extent the provisions of this Ordinance are substantially the same as previous
provisions of the Cupertino Municipal Code, these provisions shall be construed as
continuations of those provisions and not as amendments of the earlier provisions.
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day of
___________ 2016 and ENACTED at a regular meeting of the Cupertino City Council on this
____ of __________ 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
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Attachment I
CHAPTER 19.56: DENSITY BONUS
19.56.010 Purpose
19.56.020 Eligibility for Density Bonus
19.56.030 Density Bonus.
19.56.040 Incentives or Concessions, Waivers and Reduction of Parking Standards.
19.56.050 General Requirements.
19.56.060 Application Requirements.
19.56.070 Findings.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is intended to comply with the State
Density Bonus Law, Government Code Section 65915, which provides that a local agency
shall adopt an ordinance specifying how the agency will comply with that section.
19.56.020 Eligibility for Density Bonus.
A. Housing developments resulting in a net increase of at least five units (excluding
density bonus units) are eligible for a density bonus as provided in this chapter, when
the applicant for the housing development agrees or proposes at least one of the
following and meets the requirements of Section 19.56.020C, if applicable:
1. Construct:
a. Ten percent of the total units affordable to lower income households at
affordable rent or affordable housing cost; or
b. Five percent of the total units affordable to very low income households at
affordable rent or affordable housing cost; or
c. Ten percent of the total units proposed in a common interest development for
sale to moderate income households, provided that all units in the development
are offered to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section 19.56.030C;
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3. Provide affordable housing in a condominium conversion project in accordance
with Section 19.56.030E.
B. In addition to meeting the requirements of 19.56.020A, a housing development which
includes a child care facility in accordance with Section 19.56.030D, is entitled to an
additional density bonus;
C. Housing developments on sites occupied by rental housing in the five-year period
preceding the date of submittal of a density bonus application must either meet or
provide: (1) affordable units in accordance with Section 19.56.020A; or (2) replacement
affordable units in accordance with Government Code Section 65915(c)(3)(B),
whichever requires a greater number of affordable units.
D. An applicant may also submit a proposal for specific incentives or concessions to be
granted in conjunction with the density bonus, as provided in Section 19.56.040;
E. The granting of a density bonus, incentive or concession, in and of itself, shall not
require a general plan amendment, zone change, or other discretionary approval and
shall be reviewed concurrently with the review of the housing development.
19.56.030 Density Bonus
A. Housing developments that meet the criteria in Section 19.56.020A(1) and Section
19.56.020C, if applicable, are eligible for a maximum density bonus as set forth in
Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
Percentage of Affordable
Units Provided in Income
Category
Density Bonus Percentage by Income Category
Very Low
Income Units
Low Income
Units
Moderate
Income Units
5% 20% - -
6% 22.5% - -
7% 25% - -
8% 27.5% - -
9% 30% - -
10% 32.5% 20% 5%
11% 35% 22% 6%
12% 35% 23% 7%
13% 35% 25% 8%
14% 35% 26% 9%
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Percentage of Affordable
Units Provided in Income
Category
Density Bonus Percentage by Income Category
Very Low
Income Units
Low Income
Units
Moderate
Income Units
15% 35% 28% 10%
16% 35% 29% 11%
17% 35% 31% 12%
18% 35% 32% 13%
19% 35% 34% 14%
20% 35% 35% 15%
21% 35% 35% 16%
22% 35% 35% 17%
23% 35% 35% 18%
24% 35% 35% 19%
25% 35% 35% 20%
26% 35% 35% 21%
27% 35% 35% 22%
28% 35% 35% 23%
29% 35% 35% 24%
30% 35% 35% 25%
31% 35% 35% 26%
32% 35% 35% 27%
33% 35% 35% 28%
34% 35% 35% 29%
35% 35% 35% 30%
36% 35% 35% 31%
37% 35% 35% 32%
38% 35% 35% 33%
39% 35% 35% 34%
40% 35% 35% 35%
B. Senior housing developments are entitled to a maximum density bonus of 20 percent
provided the development comprises of at least 35 units, conforms to Civil Code
Section 51.3 and the units are reserved for qualifying residents. The development does
not have to provide affordable units unless subject to Section 19.56.020C.
C. Donation of Land:
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1. When an applicant donates land to the City or to a housing developer approved by
the City in accordance with the requirements of Section 19.56.030C(2) and meets
the requirements of Section 19.56.020C, the development shall be entitled to a 15
percent density bonus. The development is entitled to an additional one percent
density bonus for the donation of land that would allow the development of an
additional one percent of affordable units above the minimum requirements in
Section 19.56.020A(1), up to a maximum of 35 percent.
2. The donation of land must meet the following requirements:
a. The land shall be donated and transferred no later than the date of approval of
the housing development, final subdivision map, parcel map, or building
permit, whichever occurs first.
b. The developable acreage and zoning classification of the land being transferred
are sufficient to permit construction of units affordable to very low income
households in an amount not less than ten percent of the number of residential
units of the proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate General Plan designation,
is appropriately zoned with appropriate development standards for
development at the density described in Government Code Section
65583.2(c)(3), and is or will be served at the time of construction, by adequate
public facilities and infrastructure.
d. The transferred land shall have all of the permits and approvals, other than
building permits, necessary for the development of the very low income
housing units on the transferred land no later than the date of approval of the
final subdivision map, parcel map, or building permit, whichever occurs first,
except that the City may subject the proposed development to subsequent
design review to the extent authorized by Government Code Section 65583.2(i)
if the design is not reviewed by the City prior to the time of transfer.
e. The land shall be transferred to the City or to a housing developer approved by
the City. The City may require the applicant to identify and transfer the land to
the developer.
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f. The transferred land shall be within the boundary of the proposed development
or, if the City agrees, within one-quarter mile of the boundary of the proposed
development.
g. A proposed source of funding for the very low income units shall be identified
not later than the date of approval of the proposed housing development.
h. The transferred land and the affordable units shall be subject to a deed
restriction ensuring continued affordability of the units consistent with Section
19.56.050A, such deed restriction shall be recorded at the time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that contains affordable housing, as
provided in Section 19.56.030A and Section 19.56.030C, and includes a child day
care facility that will be located on the premises of, as part of, or adjacent to, the
project, the City shall grant either of the following if requested by the developer:
a. An additional density bonus in residential square footage that is equal to or
greater than the square footage of the child day care facility.
b. An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the child day care facility in
accordance with Section 19.56.040.
2. The City shall also require that as a condition of approving the housing
development:
a. The child day care facility shall remain in operation for a period of time that is
as long as or longer than the period of time during which the affordable units
are required to remain affordable.
b. Of the children who attend the child day care facility, the children of very low
income households, lower income households, or families of moderate income
shall equal a percentage that is equal to or greater than the percentage of
dwelling units that are required for very low income households, lower income
households, or families of moderate income.
3. Notwithstanding any requirement of Section 19.56.030D, the City shall not be
required to provide a density bonus or concession for a child day care facility if the
City finds, based upon substantial evidence, that the City has adequate child day
care facilities.
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E. Condominium Conversions
1. When an applicant for approval of a condominium conversion agrees to provide at
least 33 percent of the total units of the proposed condominium project to low or
moderate income households, or 15 percent of the total units of the proposed
condominium project to lower income households; to include the affordable units
required by Section 19.56.020C, if applicable, and agrees to pay for the reasonably
necessary administrative costs incurred by the City, the City shall either:
a. Grant a density bonus of 25 percent over the number of apartments to be
provided within the existing structure or structures proposed for conversion;
or
b. Provide other incentives of equivalent financial value. This shall not require
the City to provide cash transfer payments or other monetary compensation
but may include the reduction or waiver of requirements that the City might
otherwise apply as conditions of conversion approval.
2. The City may place such reasonable conditions on the granting of a density bonus
or other incentives of equivalent financial value as the City finds appropriate. The
proposed lower or moderate income units shall be subject to a deed restriction
ensuring continued affordability to lower or moderate income households
consistent with Section 19.56.050A.
3. An application shall be ineligible for a density bonus or other incentives under this
section, if the apartments proposed for conversion constitute a housing
development for which a density bonus or other incentives were previously
provided under Government Code Section 65915 or this Chapter.
4. Nothing in this section shall be construed to require the City to approve a proposal
for a condominium conversion. Condominium conversions are subject to the
requirements of Chapter 19.116.
F. Density Bonus Calculations:
1. A density bonus may be selected from only one category listed in Section
19.56.020A(1), except that density bonuses for land donation may be combined with
others, up to a maximum of 35 percent, and an additional square-foot bonus may
be granted for a child day care facility as provided in Section 19.56.030C.
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2. In determining the number of density bonus units to be granted, any fractions of
density bonus units shall be rounded up to the next whole number.
3. Density bonus units authorized by this section shall not be included when
determining the number of affordable units, required to qualify for the density
bonus. In determining the number of affordable units required to qualify for a
density bonus, any fractions of affordable units shall be rounded up to the next
whole number.
4. An applicant may request a lower density bonus than the housing development is
entitled to, but no reduction will be permitted in the percentage of required
affordable units as shown in Section 19.56.020 or Section 19.56.020C.
5. Regardless of the affordable units, no housing development will be entitled to a
density bonus of more than 35 percent, unless approved by the City pursuant to
Section 19.56.030F(6).
6. The City, at its discretion, may grant a density bonus higher than the maximum set
forth in Table 19.56.030 to a housing development where all units (except
manager’s unit(s)) are affordable to lower income households.
7. For purposes of calculating a density bonus, the residential units do not have to be
based upon individual subdivision maps or parcels. The bonus units shall be
permitted in geographic areas of the housing development other than the areas
where the affordable units are located.
19.56.040 Incentives or Concessions, Waivers and Reduction of Parking Standards.
A. Incentives or Concessions:
1. A housing development is eligible for incentives or concessions as shown in Table
19.56.040A. Incentives or concessions must be selected from only one category
(very low, low, or moderate). No incentives or concessions are available for land
donation or for a senior citizen housing development that is not affordable.
Condominium conversions and day care centers may have one incentive or
concession, or a density bonus, at the City's option, but not both.
Table 19.56.040A: Incentives or Concessions Calculations:
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Unit Type Percent of
Affordable Units
Number of
Incentives/Concessio
ns
Very Low Income
Units
5% or greater 1
10% or greater 2
15% or greater 3
Low Income Units
10% or greater 1
20% or greater 2
30% or greater 3
Moderate Income
Units
10% or greater 1
20% or greater 2
30% or greater 3
2. For purposes of this chapter, permissible incentives or concessions include, but are
not limited to:
a. A reduction of development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum
building standards approved by the California Building Standards
Commission as provided in Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code, including but not limited to, a
reduction in setback requirements, square footage or parking requirements,
such that the reduction or modification results in identifiable, financially
sufficient, and actual cost reductions.
b. Approval of mixed-use zoning in conjunction with the housing development
if commercial, office, industrial or other land uses will reduce the cost of the
housing development, and if the commercial, office, industrial or other land
uses are compatible with the housing development and the existing or planned
development in the area where the proposed housing development will be
located;
c. Other regulatory incentives or concessions proposed by the developer or the
City, which result in identifiable, financially sufficient, and actual cost
reductions.
3. Nothing in this section requires the provision of direct financial incentives for the
housing development, including but not limited to the provision of financial
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subsidies, publicly owned land by the City or the waiver of fees or dedication
requirements. The City, at its sole discretion, may choose to provide such direct
financial incentives;
4. A housing development which requests incentives or concessions must
demonstrate, in compliance with Section 19.56.060B, that the requested incentives
or concessions are required to provide for affordable rents or affordable housing
costs, as applicable.
B. Waivers:
1. An applicant may submit to the City a proposal for the waiver or reduction o f
development standards that will have the effect of physically precluding the
construction of a housing development meeting the criteria outlined in Section
19.56.020 at the densities or with the concessions or incentives permitted under
this chapter.
2. A proposal for the waiver or reduction of development standards shall neither
reduce nor increase the number of incentives or concessions to which the applicant
is entitled to subject to Section 19.56.040A.
3. The applicant shall demonstrate that the development standards that are
requested to be waived will have the effect of physically precluding the
construction of the development with the density bonuses and incentives or
concessions.
C. Reduction of Parking Standards:
1. If a housing development is eligible for density bonus as provided in Section
19.56.020, upon request of the applicant, the maximum off-street parking
standards that can be applied to the housing portion of the development, inclusive
of handicapped and guest parking are indicated in Table 19.56.040B. These may
include tandem and uncovered parking spaces but not on-street parking spaces.
Table 19.56.040B: Off-street parking standards for projects eligible for a density
bonus:
Number of bedrooms Maximum number of required off-street
parking spaces
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0 – 1 One (1)
2 – 3 Two (2)
4 + Two and one-half (2.5)
2. For certain other housing developments that are eligible for a density bonus as
provided in Section 19.56.020, upon request of the applicant, the maximum off-
street parking standards that can be applied for the housing portion of the
development, inclusive of handicapped and guest parking, are indicated in Table
19.56.040C. These may include tandem and uncovered parking spaces but not on-
street parking spaces.
Table 19.56.040C: Off-street parking standards for certain housing developments:
Type of development
Maximum number
of required off-
street parking
spaces
1. Rental or ownership housing development with:
a. At least 11% very low income or 20% low income
units; and
b. Within one-half mile of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
0.5 per bedroom
2. Rental housing development with:
a. All units affordable to lower income households
except manager’s unit(s); and
b. Within one-half mile of a Major Transit Stop; and
c. Unobstructed Access to the Major Transit Stop.
0.5 per unit
3. Rental housing development with:
a. All units affordable to lower income households
except manager’s unit(s); and
b. A senior citizen housing development; and either
c. Has paratransit service; or
0.5 per unit
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Type of development
Maximum number
of required off-
street parking
spaces
d. Is within one-half mile of fixed bus route service that
operates 8 times per day, with Unobstructed Access to
that service.
4. Rental housing development with:
a. All units affordable to lower income households
except manager’s unit(s); and
b. A Special Needs Housing development; and either
c. Has paratransit service; or
d. Is within one-half mile of fixed bus route service that
operates 8 times per day, with Unobstructed Access to
that service.
0.3 per unit
3. If the City, at its cost, has conducted an area-wide or City-wide parking study in
the last seven years, then the City may find, based on substantial evidence, that a
higher parking ratio is required than shown in Table 19.56.040C. In no event, may
the required parking be greater than the ratio shown in Table 19.56.040B. The
parking study must conform to the requirements of Government Code Section
65915(p)(7).
19.56.050 General Requirements.
A. Affordable rental low and very low income units must remain affordable to low or
very low income households, as applicable, for fifty-five (55) years or for a longer
period of time if required by a construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program. Affordable for-sale
moderate income units must remain affordable to moderate-income households for
the duration required by Chapter 19.172, Below Market Rate Housing Program and
implementing procedures and policies adopted by the City Council, or for a longer
period of time if required by a construction or mortgage financing assistance program,
mortgage insurance program, or subsidy program. Sales price for for-sale affordable
very low, low, and moderate income units shall be set at affordable housing cost.
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Rents for affordable low and very low income rental units shall be set at an affordable
level.
B. The affordable dwelling units and land dedication that qualify a housing
development for a density bonus may also be used to meet the below-market-rate
housing provisions of the City’s Residential Housing Mitigation Program, provided
that the affordable units and land dedication comply with the requirements of both
Chapter 19.56, Density Bonus, Chapter 19.172, Below Market Rate Housing Program;
and implementing procedures and policies adopted by the City Council regarding the
required number of affordable units, required level of affordability, and term of
affordability so as to provide the greatest affordability to the most households for the
longest term.
C. Unless otherwise governed by other funding sources, to the extent consistent with fair
housing laws, preferences for the affordable units will be given as specified in Chapter
19.172, Below Market Rate Housing Program, and implementing procedures and
policies adopted by the City Council.
D. An agreement shall be entered into between the developer and the City to ensure
compliance with the provisions of this chapter and state law and shall include,
without limitation the household type, number, location, size, affordability, and
construction scheduling of all affordable units, and such information as shall be
required by the City for the purpose of determining the developer's compliance with
this chapter. For rental affordable very low and low income units, the agreement shall
additionally contain, without limitation, provisions for certification of tenant incomes,
reporting and monitoring of affordable units, and management and maintenance of
affordable units.
E. The agreement shall be recorded against the housing development prior to final or
parcel map approval, or, prior to issuance of any building permits, whichever occurs
first, and shall be binding on all future owners and successors in interest.
F. Affordable units in a project and phases of a project shall be constructed concurrently
with or prior to the construction of market-rate units.
G. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout the project;
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2. Affordable units shall be identical with the design of any market rate rental units
in the project with the exception that a reduction of interior amenities for affordable
units will be permitted upon prior approval by the City Council as necessary to
retain project affordability.
H. Prior to the rental or sale of any affordable unit, the City or its designee, shall verify
the eligibility of the prospective tenant or buyer. All affordable units shall be occupied
by the household type that qualified the housing development for the density bonus
and incentives or concessions.
I. The City may establish fees for processing applications under this chapter and
recovery of costs associated with the establishment and monitoring of affordable
units.
19.56.060 Application Requirements.
A. An applicant may submit a preliminary proposal for housing development for a
density bonus and incentives or concessions prior to the submittal of any formal
application.
B. All requests pursuant to this Chapter shall be submitted to the City concurrently with
the application for the first discretionary permit or other permit required for the
housing development and shall be processed concurrently with the discretionary
application following the review process as set forth for permits in Chapter 19.12,
Administration, of the Cupertino Municipal Code established by the City. The
applicant shall provide additional information as specified in this chapter,
specifically:
1. A summary table showing the maximum number of units permitted by the zoning
and general plan excluding any density bonus units, proposed affordable units by
income level, proposed bonus percentage, proposed number of density bonus
units, and total number of proposed dwelling units on site;;
2. A site plan, drawn to scale, showing the number and location of all proposed
units, designating the location of proposed affordable units and density bonus
units and the type, size, and construction scheduling of affordable and market-
rate units;
3. For a housing development that replaces rental housing on a site within the five-
year period preceding the date of an application:
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a. A description and documentation of all dwelling units existing on the site in
the five-year period preceding the date of submittal of the application and
identification of any units rented in the five-year period. If dwelling units on
the site are rented as of the date of application, income and household size of
all residents of the occupied units. If any dwelling units on the site were rented
in the five-year period but are not currently rented, the income and household
size, if known, of residents occupying dwelling units when the site contained
the maximum number of dwelling units; and
b. Documentation of recorded covenant, ordinance, or law applicable to the site
that restricted rents to levels affordable to very low or lower income
households in the five-year period preceding the date of submittal of the
application.
4. If a density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control, and evidence that each of the requirements
included in Section 19.56.030C can be met.
5. If a density bonus or incentive or concession is requested for a child care facility,
evidence that all of the requirements in Section 19.56.030D can be met.
6. If a density bonus or incentive or concession is requested for a condominium
conversion, evidence that all of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various incentives or concessions, waivers and
reduction in off-street parking standards requested;
8. To ensure that each incentive or concession contributes significantly to the
economic feasibility of the proposed affordable housing, for any incentive(s) or
concession(s) requested, the following shall be submitted:
a. A project financial report (which may be in the form of a pro forma)
demonstrating that the requested incentive(s) or concession(s) will result in
identifiable, financially sufficient, and actual cost reductions to the housing
development and that they are required to provide for affordable rents or
affordable housing costs, as applicable. The financial report shall include the
capital costs, operating expenses, return on investment, loan-to-value ratio and
the debt coverage ratio including the contribution(s) provided by any
applicable subsidy program(s);
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b. An appraisal report indicating the value of the density bonus and of the
incentive(s) or concession(s); and
c. A use of funds statement identifying the financial gaps for the housing
development with the affordable housing units. The analysis shall show
how the funding gap relates to the incentive(s) or concession(s); and
d. A deposit to cover any expenses that the City expects to incur in retaining
consultant(s) and in administering consultant contract(s) to provide a peer
review of the above information. However, if the applicant is a federally
recognized nonprofit organization proposing a housing development
where all units (except manager’s unit(s)) are affordable to lower income
households, the cost of consultant(s) may be paid by the City upon prior
approval of the City Council;
9. For any requested waiver of a development standard, plans showing the existing
development standard, the requested waiver and a demonstration that the
development standard for which the waiver is requested will have the effect of
physically precluding the construction of the housing development with the
density bonus and incentives or concessions that the applicant is entitled to.
10. If a mixed use building or project is proposed as an incentive or concession,
evidence that non-residential land uses will reduce the cost of the housing
development and that the non-residential land uses are compatible with the
development and the existing or planned development in the area.
11. If a parking reduction is proposed, a table showing parking otherwise required by
the zoning ordinance and the proposed parking. If a parking reduction shown in
Table 19.56.040C is requested, evidence that the housing development is eligible
for the requested parking reduction.
12. Any other information requested by the Director of Community Development to
determine if the required findings can be made.
19.56.070 Findings.
A. Before approving an application that includes a request for a density bonus, incentive
or concession, waiver or reduction in parking standards, pursuant to this chapter, the
decision-making body shall determine that the proposal is consistent with State Law
by making the following findings, as applicable:
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1. That the housing development is eligible for the density bonus requested and any
incentives or concessions, waivers or reductions in parking standards requested.
2. That all the requirements included in Section 19.56.030C have been met, if the
density bonus is based all or in part on donation of land.
3. That all the requirements included in Section 19.56.030D have been met, if the
density bonus or incentive(s) or concession(s) are based all or in part on the
inclusion of a child care facility.
4. That all the requirements included in Section 19.56.030E have been met, if the
density bonus or incentive or concession is based on a condominium conversion.
5. That the requested incentive(s) or concession(s) will result in identifiable,
financially sufficient, and actual cost reductions based upon the financial analysis
and documentation provided by the applicant and the findings of the peer-
reviewer, if incentive(s) or concession(s) are requested (other than mixed use
development) .
6. That the proposed non-residential land uses within the proposed development
will reduce the cost of the housing development and are compatible with the
housing development and the existing or planned development in the area where
the proposed development will be located, if an incentive or concession is
requested for mixed use development.
7. That the development standard(s) for which the waiver(s) are requested would
have the effect of physically precluding the construction of the housing
development with the density bonus and incentives or concessions permitted, if a
waiver is requested.
8. That all the applicable requirements in Section 19.56.040C have been met, if a
reduction in off-street parking standards for an eligible housing development is
requested.
B. If the findings required by subsection (A) of this section, as applicable, can be made,
the decision-making body may deny an application for an incentive or concession or
waiver requested pursuant to Section 19.56.040 only if one of the following written
findings as applicable to each type of application, supported by substantial evidence:
1. That the incentive or concession, or waiver would have an adverse impact on real
property listed in the California Register of Historic Resources; or
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2. That the incentive or concession, or waiver would have a specific, adverse impact
upon public health or safety or the physical environment, and there is no feasible
method to satisfactorily mitigate or avoid the specific, adverse impact without
rendering the residential project unaffordable to low and moderate income
households. For the purpose of this subsection, "specific, adverse impact" means a
significant, quantifiable, direct, and unavoidable impact, based on objective,
identified, written public health or safety standards, policies, or conditions as they
existed on the date that the application for the residential project was deemed
complete; or
3. That the incentive or concession, or waiver is contrary to state or federal law.
C. An application for an incentive or concession may also be denied if the decision-
making body makes the written finding, supported by substantial evidence, that the
requested incentive or concession is not required to provide for affordable housing
costs or affordable rents.
D. If the findings required by subsection A. of this section can be made, the decision-
making body may deny an application for a density bonus or incentive or concession
that is based on the provision of child care only if it makes a written finding, based on
substantial evidence, that the city already has adequate child care facilities.
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ATTACHMENT I
CHAPTER 1.10: ADMINISTRATIVE CITATIONS, FINES, AND PENALTIES
Section
1.10.010 Applicability.
1.10.020 Definitions.
1.10.030 Administrative citation.
1.10.040 Service of administrative citation.
1.10.050 Time period within which to correct or remedy violations.
1.10.055 Recording of Notice of Violation
1.10.060 Administrative citation fines.
1.10.070 Appeal of an administrative citation.
1.10.080 Advance deposit hardship waiver.
1.10.090 Failure to timely appeal administrative citation.
1.10.100 Hearing on administrative citation before hearing officer.
1.10.110 Hearing officer’s decision on administrative citation.
1.10.120 Right to judicial review of hearing officer’s decision.
1.10.130 Administrative penalty hearing before the City Council.
1.10.140 Administrative penalties imposed by Council.
1.10.150 Payment of fine and penalty amounts.
1.10.160 Notices.
1.10.170 Lien procedure.
[Sections 1.10.010 –1.10.50 – No Change]
1.10.055 Recording of Notice of Violation.
If the enforcement officer has determined that a violation of the provisions of this Code exist, he
or she may also provide a notice of intent to record a notice of code violation to the owner of the
property upon which the violation is located. The notice of intent to record shall be provided in
the same manner as is required for an administrative citation, and may be appealed in the same
manner as an administrative citation. If there is no timely appeal, or at the conclusion of any
appeal, should the City prevail, and the violation continues to exist, the enforcement officer may
record a notice of violation in the office of the County Recorder.
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[Sections 1.10.060 –19.08 – No Change]
CHAPTER 19.08: DEFINITIONS
Section
19.08.010 Purpose and Applicability.
19.08.020 General Rules for Construction of Language.
19.08.030 Definitions.
[Sections 19.08.010 –19.08.020 – No Change]
19.08.030 Definitions.
Throughout this title the following words and phrases shall have the meanings ascribed in this
section.
A. “A” Definitions:
“Abandon” means to cease or discontinue a use or activity without intent to resume, but
excluding temporary or short-term interruptions to a use or activity during periods of
remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
“Abutting” means having property or district lines in common.
“Accessory building” means a building which is incidental to and customarily associated with a
specific principal use or facility and which meets the applicable conditions set forth in Chapter
19.100, Accessory Buildings/Structures.
“Accessory structure” means a subordinate structure, the use of which is purely incidental to that
of the main building and which shall not contain living or sleeping quarters. Examples include a
deck, tennis courts, trellis or car shelter. Fences eight feet or less are excluded.
“Addition” means any construction which increases the size of a building or facility in terms of
site coverage, height, length, width, or gross floor area ratio.
“Adjacent property” means property that abuts the subject property, including property whose
only contiguity to the subject site is a single point and property directly opposite the subject
property and located across a street.
“Adult bookstore” means a building or portion thereof used by an establishment having as a
substantial or significant portion of its stock in trade for sale to the public or certain members
thereof, books, magazines, and other publications which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas,” as hereinafter defined.
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“Adult cabaret” means a building or portion thereof used for dancing purposes thereof or area
used for presentation or exhibition or featuring of topless or bottomless dancers, strippers, male
or female impersonators or similar entertainers, for observations by patrons or customers.
“Adult motion picture theater” means a building or portion thereof or area, open or enclosed,
used for the presentation of motion pictures distinguished or characterized by an emphasis on
matter depicting, describing or relating to “specified sexual activities” or “specified anatomical
areas,” as hereinafter defined, for observation by patrons or customers.
“Advertising statuary” means a structure or device of any kind or character for outdoor
advertising purposes which displays or promotes a particular product or service, but without
name identification.
“Aerial” means a stationary transmitting and/or receiving wireless communication device
consisting of one or any combination of the elements listed below:
1. “Antenna” means a horizontal or vertical element or array, panel or dish that may be
attached to a mast or a tower for the purpose of transmitting or receiving radio or
microwave frequency signals.
2. “Mast” means a vertical element consisting of a tube or rod which supports an antenna.
3. “Tower” means a vertical framework of cross elements which supports either an antenna,
mast or both.
4. “Guy wires” means wires necessary to insure the safety and stability of an antenna, mast or
both.
“Affordable units” means housing units in which the rent does not exceed thirty percent of the
HUD income limits for lower and very low income households for the Santa Clara County
Metropolitan Statistical Area, adjusted for household size.
“Affordable housing cost” means the amount set forth in the Health and Safety Code Section
50052.5, as may be amended.
“Affordable rent” means the amount set forth in the Health and Safety Code Section 50053, as
may be amended.
“Affordable units” means housing units in which the rent does not exceed thirty percent of the
HUD income limits foravailable at affordable rent or affordable housing cost to lower and very
low, low orlower or moderate income households. for the Santa Clara County Metropolitan
Statistical Area, adjusted for household size.
“Agriculture” means the tilling of the soil, the raising of crops, horticulture, agriculture, livestock
farming, dairying, or animal husbandry, including slaughterhouses, fertilizer yards, bone yard,
or plants for the reduction of animal matter or any other similar use.
“Alley” means a public or private vehicular way less than thirty feet in width affording a
secondary means of vehicular access to abutting property.
“Alteration”, for purposes of the Sign Ordinance, means any permanent change to a sign.
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“Alteration” means any construction or physical change in the arrangement of rooms or the
supporting members of a building or structure, or change in the relative position of buildings or
structures on a site, or substantial change in appearances of any building or structure.
1. “Incidental alteration” means any alteration to interior partitions or interior supporting
members of a structure which does not increase the structural strength of the structure; any
alteration to electrical, plumbing, heating, air conditioning, ventilating, or other utility
services, fixtures, or appliances; any addition, closing, or change in size of doors or windows
in the exterior walls; or any replacement of a building facade which does not increase the
structural strength of the structure.
2. “Structural alteration” means any alteration not deemed an incidental alteration.
“Amusement park” means a commercial facility which supplies various forms of indoor and
outdoor entertainment and refreshments.
Animal:
1. Animal, Adult. “Adult animal” means any animal four months of age or older.
2. Animal, Large. “Large animal” means any equine, bovine, sheep, goat or swine or similar
domestic or wild animal, as determined by the Planning Commission.
3. Animal, Small. “Small animal” means animals which are commonly found in single-family
residential areas such as chickens, ducks, geese, rabbits, dogs, cats, etc.
“Animal care” means a use providing grooming, housing, medical care, or other services to
animals, including veterinary services, animal hospitals, overnight or short-term boarding
ancillary to veterinary care, indoor or outdoor kennels, and similar services.
“Apartment” means a room or a suite of two or more rooms which is designed for, intended for,
and occupied by one family doing its cooking there.
“Apartment house” means a building designed and used to house three or more families, living
independently of each other.
“Apartment project” means a rental housing development consisting of two or more dwelling
units.
“Approval Body” means the Director of Community Development and his/her designee, the
Planning Commission or City Council depending upon context.
“Architectural feature” means any part or appurtenance of a building or structure which is not a
portion of the living area of the building or structure. Examples include: cornices, canopies,
eaves, awnings, fireplaces, or projecting window elements. Patio covers or any projection of the
floor area shall not constitute an architectural projection.
“Architectural projection,” for purposes of the Sign Ordinance, means any permanent extension
from the structure of a building, including the likes of canopies, awnings and fascia.
“Atrium” means a courtyard completely enclosed by walls and/or fences.
“Attic” means an area between the ceiling and roof of a structure, which is unconditioned (not
heated or cooled) and uninhabitable.
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“Automotive service station” means a use providing gasoline, oil, tires, small parts and
accessories, and services incidental thereto, for automobiles, light trucks, and similar motor
vehicles. Automotive maintenance and repair (minor) may be conducted on the site. The sale of
food or grocery items on the same site is prohibited except for soft drinks and snack foods, either
from automatic vending machines or from shelves. The sale of alcoholic beverages on the site is
governed by Chapter 19.132, Concurrent Sale of Alcoholic Beverages and Gasoline.
“Automotive repair and maintenance (minor)” means the supplying of routine automotive
services such as lubrication, engine tune-ups, smog certificates, servicing of tires, brakes, batteries
and similar accessories, and minor repairs involving engine accessories. Any repair which
requires the engine, drive train, transmission assembly, exhaust system, or drive train parts to be
removed from a motor vehicle or requires the removal of internal parts shall not be considered
minor. Body and paint shop operations are not minor repairs or maintenance.
“Average slope” means the ratio between vertical and horizontal distance expressed in percent;
the mathematical expression is based upon the formula described below:
S =
I x L x 100
A
S = Average slope of ground in percent; L = Combined length in feet of all contours on parcel;
I = Contour interval in feet; A = Area of parcel in square feet.
B. “B” Definitions:
[NO CHANGE]
C. “C” Definitions:
“Canopy” means any roof-like structure, either attached to another structure or freestanding, or
any extension of a roof line, constructed for the purpose of protection from the elements or
aesthetic purposes in connection with outdoor living.
“Car shelter” means a roofed structure or a part of a building not enclosed by walls, intended and
designed to accommodate one or more vehicles.
“Caretaker” means a person or persons employed for the purpose of protecting the principal use
of the property or structure.
“Centerline” means the centerline as established by the County Surveyor of Santa Clara County,
the City Engineer, or by the State Division of Highways of the State of California.
“Changeable copy sign” means any sign, or portion, which provides for each manual changes to
the visible message without changing structural surfaces, including the likes of theater marquees
and gasoline service station price signs, but excluding electronic readerboard signs and signs
which display the current time or temperature.
“Change of face” means any changes to the letter style, size, color, background, or message.
“Change of use” means the replacement of an existing use by a new use, or a change in the nature
of an existing use, but not including a change in ownership, tenancy or management where the
previous nature of the use, line of business, or other function is substantially unchanged.
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“Child” means a person who is under eighteen years of age.
“Child day care facility” means a facility, licensed by the State or County, which provides non-
medical care to children in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual on less than a twenty-
four-hour basis. Child day care facility includes day care centers, employer sponsored child-care
centers and family day care homes.
“Church” means a use providing facilities for organized religious worship and religious
education incidental thereto, but excluding a private educational facility. A property tax
exemption obtained pursuant to Section 3(f) of Article XIII of the Constitution of the State of
California and Section 206 of the Revenue and Taxation Code of the State of California, or
successor legislation, constitutes prima facie evidence that such use is a church as defined in this
section.
“College” or “university” means an educational institution of higher learning which offers a
course of studies designed to culminate in the issuance of a degree or defined by Section 94110 of
the Education Code of the State of California, or successor legislation.
“Collocation” means the placement of aerials and other facilities belonging to two or more
communication service providers on a single mast or building.
“Commercial recreation” means a use providing recreation, amusement, or entertainment
services, including theaters, bowling lanes, billiard parlors, skating arenas, and similar services,
operated on a private or for-profit basis, but excluding uses defined as outdoor recreation
services.
“Community center” means a place, structure, area, or other facility used for and providing
religious, fraternal, social and/or recreational programs generally open to the public and
designated to accommodate and serve a significant segment of the community.
“Commercial district,” for purposes of the Sign Ordinance, means an area of land designated for
commercial use in the current Cupertino General Plan.
“Common interest development” means the following, all definitions of which are based upon
Civil Code Section 4100 or subsequent amendments:
1. A condominium project,
2. A community apartment project,
3. A stock cooperative, or
4. A planned development.
“Community organization” means a nonprofit organization based in the City and whose
activities benefit the City, its residents, employees, or businesses.
“Concession” means a benefit offered by the City to facilitate construction of eligible projects as
defined by the provisions of this cChapter 19.56, Density Bonus. Benefits may include, but are
not limited to, priority processing, fee deferments and waivers, granting of variances, and
relaxation of otherwise applicable permit conditions or other concessions required by law.
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“Condominium conversion” or “Conversion” means a change in the type of ownership of a
parcel (or parcels) of land, together with the existing attached structures, to that defined as a
common interest development, regardless of the present or prior use of such land and structures
and whether substantial improvements have been made or are to be made to such structure.
“Condominium project” or “project” includes the real property and any structures thereon, or
any structures to be constructed thereon, which are to be divided into condominium ownership.
“Condominium units” or “units” means the individual spaces within a condominium project
owned as individual estates.
“Congregate residence” means any building or portion which contains facilities for living,
sleeping and sanitation, as required by the California Building Code and may include facilities
for eating and cooking for occupancies other than a family. A congregate residence may be a
shelter, convent or monastery but does not include jails, hospitals, nursing homes, hotels or
lodging houses.
“Convalescent facility” means a use other than a residential care home providing inpatient
services for persons requiring medical attention, but not providing surgical or emergency medical
services.
“Convenience market” means a use or activity that includes the retail sale of food, beverages, and
small personal convenience items, including sale of food in disposable containers primarily for
off-premises consumption, and typically found in establishments with long or late hours of
operation and in relatively small buildings, but excluding delicatessens and other specialty food
shops and establishments which have a sizable assortment of fresh fruits, vegetables, and fresh-
cut meats.
“Corner triangle” means a triangular-shaped area bounded by the following, unless deemed
otherwise by the City Engineer:
1. The intersection of the tangential extension of front and street side property lines as formed
by the intersection of two public rights-of-way abutting the said property lines; and
2. The third boundary of the triangular-shaped area shall be a line connecting the front and side
property lines at a distance of forty feet from the intersection of the tangential extension of
front and side property lines.
“Corner triangle,” for purposes of the Sign Ordinance, means a triangular-shaped area of land
adjacent to an intersection of public rights-of-way, as further defined in Cupertino Standard
Details Drawings Nos. 7-2 and 7-4. (See Appendix A, Cupertino Standard Detail 7-2; Corner
Triangle–Controlled Intersections, and B, Cupertino Standard Detail 7-4; Corner Triangle–
Uncontrolled Intersections for details.)
“Court” means an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and which is bounded on two or more sides by such building or buildings, including
the open space in a house court or court apartment providing access.
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“Covered parking” means a carport or garage that provides full overhead protection from the
elements with ordinary roof coverings. Canvas, lath, fiberglass and vegetation are not ordinarily
roof coverings and cannot be used in providing a covered parking space.
D. “D” Definitions:
[NO CHANGE]
E. “E” Definitions:
“Economically feasible” means when a housing project can be built with a reasonable rate of
return. The housing developer’s financial ability to build the project shall not be a factor.
Emergency Shelter:
“Emergency shelter, rotating” means a facility that provides temporary housing with minimal
supportive services and meets criteria in Section 19.76.030(2).
“Emergency shelter, permanent” means a permanently operated facility that provides temporary
housing with minimal supportive services and meets criteria in Section 19.76.030(3).
“Employee Housing” means accommodations for employees as defined by Health and Safety
Code 17008, as may be amended.
“Enclosed” means a covered space fully surrounded by walls, including windows, doors and
similar openings or architectural features, or an open space of less than one hundred square feet
fully surrounded by a building or walls exceeding eight feet in height.
“Entry feature” means a structural element, which leads to an entry door.
“Equestrian center” means a facility for the shelter, display, exhibition, keeping, exercise or riding
of horses, ponies or mules, or vehicles drawn by such animals, with related pasture lands, corrals
and trails.
“Equipment yard” means a use providing for maintenance, servicing or storage of motor vehicles,
equipment or supplies; or for the dispatching of service vehicles; or distribution of supplies or
construction materials required in connection with a business activity, public utility service,
transportation service, or similar activity, including but not limited to, a construction material
yard, corporation yard, vehicular service center or similar use.
F. “F” Definitions:
“Facility” means a structure, building or other physical contrivance or object.
1. “Accessory facility” means a facility which is incidental to, and customarily associated with a
specified principal facility and which meets the applicable conditions set forth in Chapter
19.80.
2. “Noncomplying facility” means a facility which is in violation of any of the site development
regulations or other regulations established by this title, but was lawfully existing on October
10, 1955, or any amendment to this title, or the application of any district to the property
involved by reason of which the adoption or application the facility becomes
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noncomplying. (For the definition for “nonconforming use” see the definition “use” in this
chapter.)
3. “Principal facilities” means a main building or other facility which is designed and
constructed for or occupied by a principal use.
“Family” means an individual or group of persons living together who constitute a bona fide
single housekeeping unit in a dwelling unit. “Family” shall not be construed to include a
fraternity, sorority, club, or other group of persons occupying a hotel, lodging house, or
institution of any kind.
“Fence” means a man-made structure which is designed, intended or used to protect, defend or
obscure the interior property of the owner from the view, trespass or passage of others upon
that property.
“Fence height” means the vertical distance from the highest point of the fence (excluding post
caps) to the finish grade adjoining the fence. In a case where the finish grade is different for each
side of the fence, the grade with the highest elevation shall be utilized in determining the fence
height.
“First floor” means that portion of a structure less than or equal to twenty feet in height, through
which a vertical line extending from the highest point of exterior construction to the appropriate
adjoining grade, passes through one story.
“Flag” means any fabric, banner, or bunting containing distinctive colors, patterns, or symbols,
used as a symbol of a government, political subdivision, or other entity.
“Floor area” means the total area of all floors of a building measured to the outside surfaces of
exterior walls, and including the following: 1. Halls; 2. Base of stairwells; 3. Base of elevator shafts;
4. Services and mechanical equipment rooms; 5. Interior building area above fifteen feet in height
between any floor level and the ceiling above; 6. Basements with lightwells that do not conform
to Section 19.28.060I19.28.070(I); 7. In all zones except residential, permanently roofed, but either
partially enclosed or unenclosed building features used for sales, service, display, storage or
similar uses.
“Floor area” shall not include the following: 1. Basements with lightwells that conform to Section
19.28.060I19.28.070(I) ; 2. Lightwells; 3. Attic areas; 4. Parking facilities, other than residential
garages, accessory to a permitted conditional use and located on the same site; 5. Roofed arcades,
plazas, walkways, porches, breezeways, porticos, courts and similar features not substantially
enclosed by exterior walls.
“Floor area ratio” means the maximum ratio of gross floor area on a site lot to the lot total site
area.
“Foot-lambert” means a unit measurement of the brightness of light transmitted through or
reflected from an object or surface.
“Freeway” means any public roadway so designated by the State of California.
“Front wall” means the wall of a building or other structure nearest the street upon which the
building faces, but excluding certain architectural features as defined in this chapter.
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G. “G” Definitions:
[NO CHANGE]
H. “H” Definitions:
[NO CHANGE]
I. “I” Definitions:
[NO CHANGE]
J. “J” Definitions:
[NO CHANGE]
K. “K” Definitions:
[NO CHANGE]
L. “L” Definitions:
“Landscaping” means an area devoted to or developed and maintained with native or exotic
planting, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative
outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of
rock, stone, brick, block or similar material (excluding driveways, parking, loading or storage
areas), and sculptural elements.
“Late evening activities” means an activity which maintains any hours of operation during the
period of eleven p.m. to seven a.m.
“Legal substandard lot” means any parcel of land or lot recorded and legally created by the
County or City prior to March 17, 1980, which lot or parcel is of less area than required in the
zone; or lots or parcels of record which are reduced to a substandard lot size as a result of required
street dedication unless otherwise provided in the City of Cupertino General Plan. The owner of
a legally created, substandard property which is less than six thousand square feet but equal to
or greater than five thousand square feet may utilize such parcel for residential purposes. The
owner of a legally created parcel of less than five thousand square feet may also develop the site
as a single-family residential building site if it can be demonstrated that the property was not
under the same ownership as any contiguous property on the same street frontage as of or after
July 1, 1984.
“Lightwell” means an excavated area required by the Uniform Building Code to provide
emergency egress, light and ventilation for below grade rooms.
“Liquor store” means a use requiring a State of California “off-sale general license” (sale for off-
site consumption of wine, beer and/or hard liquor) and having fifty percent or more of the total
dollar sales accounted for by beverage covered under the off-sale general license.
“Living space” means habitable space and sanitation.
“Loading space” means an area used for loading or unloading of goods from a vehicle in
connection with the use of the site on which such space is located.
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“Lodging” means the furnishing of rooms or groups of rooms with in a dwelling unit or an
accessory building to persons other than members of the family residence in the dwelling unit,
for overnight occupancy on a residential occupancy basis, whether or not meals are provided to
the person. Lodging shall be subject to the residential density requirements of the district in
which the use is located.
“Lodging unit” means a room or group of rooms not including a kitchen, used or intended for
use by overnight occupants as a single unit, whether located in a hotel or a dwelling unit
providing lodging where designed or used for occupancy by more than two persons; each two-
person capacity shall be deemed a separate lodging unit for the purpose of determining
residential density; each two lodging units shall be considered the equivalent of one dwelling
unit.
“Lot” means a parcel or portion of land separated from other parcels or portions by description,
as on a subdivision or record of survey map, or by metes and bounds, for purpose of sale, lease
or separate use.
1. “Front lot line” means on an interior lot, the lot line abutting a street, or on a corner lot, the
shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest
the street from which access is obtained.
2. “Corner lot” means a lot situated at the intersection of two or more streets, or bounded on
two or more adjacent sides by street lines.
3. “Flag lot” means a lot having access to a street by means of a private driveway or parcel of
land not otherwise meeting the requirement of this title for lot width.
4. “Interior lot” means a lot other than a corner lot.
5. “Key lot” means the first lot to the rear of a corner lot, the front line of which is a continuation
of the side line of the corner lot, and fronting on the street which intersects or intercepts the
street on which the corner lot fronts.
“Lot area” means the area of a lot measured horizontally between boundary lot lines, but
excluding a portion of a flag lot providing access to a street and lying between a front lot line and
the street, and excluding any portion of a lot within the lines of any natural watercourse, river,
stream, creek, waterway, channel or flood control or drainage easement and excluding any
portion of a lot within a street right-of-way whether acquired, for access and street right-of-way
purposes, in fee, easement or otherwise.
“Lot coverage” means the following:
1. “Single-family residential use” means the total land area within a site that is covered by
buildings, including all projections, but excluding ground-level paving, landscape features,
lightwells, and open recreational facilities.
2. “All other uses except single-family residential” means the total land area within a site that is
covered by buildings, but excluding all projections, ground-level paving, landscape features,
and open recreational facilities.
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“Lot depth” means the horizontal distance from the midpoint of the front lot line to the midpoint
of the rear lot line, or to the most distant point on any other lot line where there is no clear rear
lot line.
“Lot line” means any boundary of a lot.
1. “Front lot line” means on an interior lot, the lot line abutting a street, or on a corner lot, the
shorter lot line abutting a street, or on a flag lot, the interior lot line most parallel to and nearest
the street from which access is obtained.
2. “Interior lot line” means any lot line not abutting a street.
3. “Rear lot line” means the lot line not intersecting a front lot line which is most distant from
and the most closely parallel to the front lot line. A lot bounded by only three lot lines will
not have a rear lot line.
4. “Side lot line” means any lot line which is not a front or rear lot line.
5. “Street lot line” means any lot line abutting a street.
“Lot of record” means a lot which is part of a subdivision recorded in the office of the County
Recorder, or a lot or parcel described by metes and bounds which has been recorded.
“Lot width” means the horizontal distance between side lot lines, measured at the required front
setback line.
“Lower-income household” means a household whose gross income does not exceed that
established by Health and Safety Code Section 50079.5, as may be amended.
M. “M” Definitions:
“Major renovation,” for purposes of Chapter 19.116, Conversions of Apartment Projects to
Common Interest Development, means any renovation for which an expenditure of more than
one thousand dollars was made. “Major repair,” for purposes of Chapter 19.116, Conversions of
Apartment Projects to Common Interest Development, means any repair for which an
expenditure of more than one thousand dollars was made.
“Major Transit Stop,” for purposes of Chapter 19.56, Density Bonus, means an existing site, or a
site included in the regional transportation plan, that contains a rail transit station, a ferry
terminal served by either a bus or rail transit service, or the intersection of two or more major bus
routes with a frequency of service interval of 15 minutes or less during the morning and afternoon
peak commute periods. A housing development is considered to be within one-half mile of a
major transit stop if all parcels within the housing development have no more than 25 percent of
their area farther than one-half mile from the stop and if not more than 10 percent of the units or
100 units, whichever is less, in the housing development are farther than one-half mile from the
stop as set forth in Government Code Section 65915(p)(3)(A), as may be amended.
“Manufacturing” means a use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing fabrication, assembly,
treatment, packaging of products, but excluding basic industrial processing of extracted or raw
materials, processes utilizing inflammable or explosive material (i.e., materials which ignite easily
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under normal manufacturing conditions), and processes which create hazardous or commonly
recognized offensive conditions.
"Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the
resin extracted from any part of the plant; and every compound manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff,
and concentrated cannabis and the separated resin, whether crude or petrified, obtained from
marijuana. It does not include the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake,
or the sterilized seeds of the plant that are incapable of germination.
1. " Marijuana, Medical marijuanaMedical Marijuana" is marijuana used for medical
purposes where that medical use is deemed appropriate and has been recommended by
a physician who has determined that the person's health would benefit from the use of
marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia,
arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical
condition for which marijuana is deemed to provide relief as defined in subsection (h) of
Health and Safety Code § 11362.7.
“Marijuana cultivation facility” means any business, facility, use, establishment, property, or
location where the cultivation of marijuana occurs. A “marijuana cultivation facility” does not
include a “qualified patient’s” primary residence provided such cultivation of medical marijuana
is for his or her personal use.
“Massage” means any method of pressure on or friction against or stroking, kneading, rubbing,
tapping, pounding, vibrating or stimulating the external parts of the human body with the hands
or with any mechanical or electrical apparatus or other appliances or devices with or without
such supplementary aides as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion,
ointment or other similar preparations.
“Massage parlor” means a building or portion thereof, or a place where massage is administered
for compensation or from which a massage business or service for compensation is operated
which is not exempted or regulated by the Massage Establishment Ordinance as contained in
Title 9, Health and Sanitation of the Cupertino Municipal Code, Chapter 9.06.
“Maximum allowable residential density,” for purposes of Chapter 19.56, Density Bonus, means
the maximum density allowed under the zoning ordinance and land use element of the general
plan. For purposes of that Chapter, if the maximum density allowed under the zoning ordinance
is inconsistent with the density allowed under the land use element of the general plan, the
general plan density shall prevail.
"Medical marijuana dispensary" means any business, facility, use, establishment, property, or
location, whether fixed or mobile, where medical marijuana is sold, made available, delivered,
transported, and/or distributed. A "medical marijuana dispensary" does not include the
following uses:
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a. A “qualified patient” transporting “medical marijuana” for his or her personal use;
b. A “primary caregiver” delivering or transporting “medical marijuana” to a “qualified
patient;”
c. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code;
d. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety
Code;
e. A residential care facility for persons with chronic life-threatening illness licensed pursuant
to Chapter 3.01 of Division 2 of the Health and Safety Code;
f. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the
Health and Safety Code; or
g. A residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2
of the Health and Safety Code.
“Minor change” means an alteration or modification of an existing plan, development or project
which is substantially inferior in bulk, degree or importance to the overall dimension and design
of the plan, development or project with no change proposed for the use of the land in question,
no change proposed in the character of the structure or structures involved, and no variance
required.
“Mobilehome” means a vehicle, other than a motor vehicle, designed or used as semi-permanent
housing, designed for human habitation, for carrying persons and property on its own structure,
and for being drawn by a motor vehicle, and shall include a trailer coach.
“Mobilehome park” means any area or tract of land where lots are sold, rented, or held out for
rent to one or more owners or users of mobilehomes, excluding travel-trailers, for the purpose of
permanent or semi-permanent housing.
“Moderate income household” means a household whose gross income does not exceed that
established by Section 50093 of the Health and Safety Code, as may be amended.
“Multiple-family use” means the use of a parcel for three or more dwelling units which may be
in the same building or in separate buildings on the same parcel.
N. “N” Definitions:
[NO CHANGE]
O. “O” Definitions:
[NO CHANGE]
P. “P” Definitions:
[NO CHANGE]
Q. “Q” Definitions:
[NO CHANGE]
R. “R” Definitions:
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“Recreational open space” means open space within a common interest development (exclusive
of required front setback areas) which shall be used exclusively for leisure and recreational
purposes, for the use and enjoyment of occupants (and their visitors) of units on the project and
to which such occupants (and their visitors) have the right of use and enjoyment. Accessory
structures such as swimming pools, recreational buildings and landscaped areas may be included
as open space.
“Recyclable materials” means discards or waste materials that may be separated or mixed ,
collected and processed, and used as raw materials for new products. For purposes of this
cChapter 19.108, Beverage Container Redemption and Recycling Centers, recyclable materials
does not include hazardous materials.
“Recycling center” means a facility for the collection and/or processing of recyclable materials.
Recycling center does not include storage containers or processing activity located on the
premises of a commercial or manufacturing use and use solely for the recycling of material
generated by that business or manufacturer.
1. “Recycling center, Certified” or “Certified Processor” means a recycling facility certified by
the California Department of Conservation as meeting the requirements of the California
Beverage Container Recycling and Litter Reduction Act of 1986.
2. “Recycling center, Mobile” means an automobile, truck, trailer or van licensed by the
Department of Motor Vehicles, which is used for the collection of recyclable material. A
mobile recycling center also means the bins, boxes or containers transported by trucks, vans,
or trailers and used for the collection of recyclable materials. A mobile recycling center may
consist of an enclosed vehicle such as box cab or enclosed semi-trailer or an open vehicle such
as a flatbed trailer with bins or boxes to contain recyclable materials.
“Recycling facilities” may include the following:
1. “Collection facility” means a facility for the acceptance (donation, redemption or sale) of
recyclable materials from the public. Such a facility does not use power-driven processing
equipment except as indicated in Chapter 19.108, Beverage Container Redemption and
Recycling Centers. Collection facilities may include the following:
a. Reverse vending machine(s);
b. Small collection facilities which occupy an area of not more than five hundred square feet,
and may include:
i. A mobile recycling unit,
ii. Bulk reverse vending machine or a grouping of reverse vending machines occupying
more than fifty square feet,
iii. Kiosk type units and bulk vending machines,
iv. Unattended containers placed for the donation of recyclable materials;
c. Large collection facilities which may occupy an area of more than five hundred square
feet, or is on a separate property not appurtenant to a host use, and may include
permanent structures.
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2. “Processing facility” means a building or enclosed space use for the collection and processing
of recyclable materials. Processing means the preparation of material for efficient shipment
or to an end-user’s specifications, by such means as baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
Processing facility includes the following:
a. A light processing facility occupies an area of under forty-five thousand square feet of
gross collection, processing and storage area and has up to two outbound truck shipments
per day. Light processing facilities are limited to baling, briquetting, crushing,
compacting, grinding, shredding and sorting of source-separated recyclable materials and
repairing of reusable materials sufficient to qualify as a certified processing facility. A
light processing facility shall not shred, compact, or bale ferrous metals other than food
and beverage containers.
b. A heavy processing facility is any processing facility other than a light processing facility.
“Religious institution” means a seminary, retreat, monastery, conference center, or similar use for
the conduct of religious activities including accessory housing incidental thereto, but excluding
a private educational facility. Any use for which a property tax exemption has been obtained
pursuant to Section 3(f) of Article XIII of the Constitution of the State of California and Section
206 of the Revenue and Taxation Code of the State of California, or successor legislation, or which
is used in connection with any church which has received such an exemption, shall be prima facie
presumed to be a religious institution.
“Research and development” means a use engaged in study, design, analysis and experimental
development of products, processes or services, including incidental manufacturing of products
or provisions of services to others.
“Residential care facility” means a building or portion designed or used for the purpose of
providing twenty-four-hour-a-day nonmedical residential living accommodations pursuant to
the Uniform Building, Housing and Fire Codes, in exchange for payment of money or other
consideration, where the duration of tenancy is determined, in whole or in part, by the individual
resident’s participation in group or individual activities such as counseling, recovery planning,
medical or therapeutic assistance. Residential care facility includes, but is not limited to, health
facilities as defined in California Health and Safety Code (H&SC Section 1250 et seq.), community
care facilities (H&SC Section 1500 et seq.), residential care facilities for the elderly (H&SC Section
1569 et seq.) or facilities for the mentally disordered or otherwise handicapped (W&I Code
Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC Section
11384.11), and other similar care facilities.
“Residential district,” for purposes of the Sign Ordinance, means the R1, RHS, R2, R3, R1C, A,
and A1 zoning classifications which are consistent with the residential designation of the
Cupertino general plan.
Restaurant:
1. Restaurant, Fast-Food. “Fast-food restaurant” means a retail food service establishment in
which prepared foods or beverages are served or sold on or in disposable containers,
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including those establishments where a substantial portion of the patrons may serve
themselves and may consume the food and beverages off-site. A separate bar facility for
serving alcoholic beverages is not permitted. Any area, tables or rooms reserved for serving
alcoholic beverages shall be considered a separate bar facility. Specialty food stores, such as
ice cream stores, bakeries or shops, shall not be considered fast-food restaurants.
2. Restaurant, Full Service. “Full-service restaurant” means any restaurant which is not a fast-
food restaurant. Alcoholic beverages may be served with meals at a customer’s dining table;
however, a separate bar facility for serving alcoholic beverages is not permitted without a use
permit.
“Reverse vending machine(s)” means an automated mechanical device which accepts one or
more types of empty beverage containers, including, but not limited to aluminum cans, glass and
plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the
containers redemption value, as determined by the State. A reverse vending machine may sort
and process containers mechanically provided that the entire process is enclosed within the
machine. In order to accept and temporarily store all three container types in a proportion
commensurate with their relative redemption rates, and to meet the requirements of certification
as a recycling center, multiple grouping of reverse vending machines may be necessary.
1. A bulk reverse vending machine is a reverse vending machine that is larger than fifty square
feet; is designed to accept more than one container at a time; and will pay by weight instead
of by container.
S. “S” Definitions:
“Screened” means shielded, concealed, and effectively hidden from view at an elevation of up to
eight feet above ground level on adjoining parcels, or from adjoining parcels, within ten feet of a
lot line, by a fence, wall, hedge, berm, or similar structure, architectural or landscape feature, or
combination thereof.
“Second dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include
permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as
the single-family dwelling is situated.
“Senior citizens” means:
1. Persons at least sixty-two years of age; or
2. Persons at least fifty-five years of age or otherwise qualified to reside in a senior citizen
housing development, in accordance with State and federal law.
“Senior citizen housing development” means a housing development with at least thirty-five
dwelling units as defined in the Civil Code Section 51.3, or a mobilehome park that limits
residency based on age requirements for housing for older persons pursuant to Section 798.76 or
799.5 of the Civil Code, as may be amended.
“Setback line” means a line within a lot parallel to a corresponding lot line, which is the boundary
of any specified front, side or rear yard, or the boundary of any public right-of-way or private
road, whether acquired in fee, easement, or otherwise, or a line otherwise established to govern
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the location of buildings, structures or uses. Where no minimum front, side or rear yards are
specified, the setback line shall be coterminous with the corresponding lot line.
Setback Area, Required. “Required setback area” means open space, unoccupied and
unobstructed from the ground upward, except as provided in this title, between the lot line and
the setback line on the same parcel.
1. Setback Area, Required Front Yard. “Required front-yard setback area” means the setback
area extending across the front of a lot between the front lot line and the setback line. Front
yards shall be measured either by a line at right angles to the front lot line, or by a radial line
in the case of a curved front lot line, except flag lots which is the area extending across the full
extent of the buildable portion of the flag lot measured from the property line which is parallel
to and nearest the street line and at which point the lot width equals a minimum of sixty
feet. The Director of Community Development shall have the discretion to modify the
provisions of this definition when it improves the design relationship of the proposed
buildings to adjacent buildings or parcels.
2. Setback Area, Required Rear Yard. “Required rear-yard setback area” means the area
extending across the full width of the lot between the rear lot line and the nearest line or point
of the main building.
3. Setback Area, Required Side Yard. “Required side-yard setback area” means the area
between the side lot line and the nearest line of a building, and extending from the front
setback line to the rear setback line.
“Shopping center” means a group of commercial establishments, planned, developed, owned or
managed as a unit, with off-street parking provided on the parcel.
“Shopping center,” for purposes of the Sign Ordinance, means a retail entity encompassing three
or more tenants within a single building or group of buildings, but within which individual
business located in defined tenant spaces are owned and managed separately from the shopping
center management.
“Sidewalk site triangle” is a triangular shaped area described in Cupertino Standard Detail 7-6.
(See Appendix C, Cupertino Standard Detail; Sidewalk Site Triangle (Sidewalk Clearance at
Driveway)
“Sign” means any device, fixture, placard, or structure that uses any color, form, graphic,
illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose
of a person or entity, to communicate information of any kind to the public.
1. “Animated sign” means any sign which projects action, motion or the illusion thereof,
changes intensity of illumination or changes colors, including the likes of balloons, banners
and flags, and blowing or air-powered attractions, but excluding electronic readerboard signs
and signs that display the current time or temperature.
2. “Blade sign” means a pedestrian oriented sign, adjacent to a pedestrian walkway or sidewalk,
attached to a building wall, marquee, awning or arcade with the exposed face of the sign in a
plane perpendicular to the plane of the building wall.
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3. “Development Identification Sign” means a ground sign at the major entry to a residential
development with twenty units or more meant to identify the name and address of the
development.
4. “Directional sign” means any sign which primarily displays directions to a particular area,
location or site.
5. “Directory sign” means any outdoor listing of occupants of a building or group of buildings.
6. “Electronic readerboard sign” means an electronic sign intended for a periodically-changing
advertising message.
7. “Freeway oriented sign” means any sign which is located within six hundred sixty feet and
visible from a freeway right-of-way as defined by Section 5200 of the California Business and
Professions Code.
8. “Garage sale signs” means any sign used for advertising a garage or patio sale as defined in
Chapter 5.16 of the Cupertino Municipal Code.
9. “Ground sign” means any sign permanently affixed to the ground and not supported by a
building structure. The height of the sign shall be measured from the grade of the adjoining
closest sidewalk to the top of the sign including trim.
10. “Identification sign” means any sign whose sole purpose is to display the name of the site and
the names of the occupants, their products or their services.
11. “Illegal sign” means any sign or advertising statuary which was not lawfully erected,
maintained, or was not in conformance with the provisions of this title in effect at the time of
the erection of the sign or advertising statuary or which was not installed with a valid permit
from the City.
12. “Illuminated sign” means any sign utilizing an artificial source of light to enhance its
visibility.
13. “Informational sign” means any sign which promotes no products or services, but displays
service or general information to the public, including the likes of hours of operation, rest
room identifications and hazardous warnings.
14. “Landmark sign” means an existing, legal non-conforming ground sign that has a distinctive
architectural style.
15. “Nonconforming sign” means any sign or advertising statuary that was legally erected and
had obtained a valid permit in conformance with the ordinance in effect at the time of the
erection of the sign but which became nonconforming due to the adoption of the ordinance
codified in this title.
16. “Obsolete sign” means any sign that displays incorrect or misleading information, promotes
products or services no longer available at that site or identifies departed occupants.
17. “Off-site sign” means any sign not located on the premises of the business or entity indicated
or advertised by the sign. This definition shall include billboards, poster panels, painted
bulletins and other similar advertising displays.
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18. “On-site sign” means a sign directing attention to a business, commodity, service or
entertainment conducted, sold or offered upon the same premises as those upon which the
sign is maintained.
19. “Political sign” means a temporary sign that encourages a particular vote in a scheduled
election and is posted prior to the scheduled election.
20. “Portable Sign or Display” means any outdoor sign or display not permanently attached to
the ground or a structure on the premises it is intended to occupy and displayed only during
business hours. Portable sign or display includes A-frames, flower carts, statues, and other
similar devices used for advertising as determined by the Director.
21. “Project announcement sign” means any temporary sign that displays information pertinent
to a current or future site of construction, including the likes of the project name, developers,
owners and operators, completion dates, availability and occupants.
22. “Projecting sign” means any sign other than a wall sign that is attached to and projects from
a structure or building face or wall.
23. “Real estate sign” means a temporary sign indicating that a particular premises is for sale,
lease or rent.
24. “Roof sign” means a sign erected between the lowest and highest points of a roof.
25. “Street address sign” means any sign that displays only the street address number(s ) of the
site and, at the option of the property owner, the street name.
26. “Temporary Sign” means any sign, display, banner or promotional device which is designed
or intended to be displayed only during the allowable business hours or for short periods of
time as specified by the Director of Community Development.
27. “V-shaped signs” means any sign consisting of two vertical faces, or essentially vertical faces,
with one common edge and which appears as the letter V when viewed directly from above.
28. “Vehicle sign” means a sign painted on or attached to an operable or movable vehicle; in the
case of motor vehicles, “operable” shall be defined as having a valid license plate.
29. “Wall sign” means any sign that is attached, erected or painted on a structure attached to a
building, a canopy structure, or the exterior wall of a building with the exposed face of the
sign parallel to the wall.
30. “Window sign” means any sign that is intended to be read from outside of the structure or
painted on a window facing a public street, parking lot, pedestrian plaza or walkway
accessible to the public.
“Sign Area” for an individually lettered sign without a background, is measured by enclosing the
sign copy with a continuous perimeter in simple rectilinear forms. (See Appendix D for examples
of sign area calculation)
The sign area for a sign with borders and/or background is measured by enclosing the exterior
limits of the border or background with a single continuous perimeter. The necessary supports,
uprights, and/ or the base on which such sign is placed, shall be excluded from the sign area.
When a sign is separated by thirty-six inches or more, the area of each part may be computed
separately.
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“Single-family use” means the use of a parcel for only one dwelling unit.
“Specialty food stores” means uses such as bakeries, donut shops, ice cream stores, produce
markets and meat markets, or similar establishments where food is prepared and/or sold
primarily for consumption off the premises.
“Site,” for purposes of the Sign Ordinance, means a piece of land as shown on a subdivision map,
record of survey map or assessor’s parcel map, which constitutes one development site and which
may be composed of a single unit of land or contiguous units under common ownership, control,
or development agreement.
“Special event,” for purposes of the Sign Ordinance means a temporary promotional event
including, but not limited to, a special sale on merchandise or services, or grand openings.
“Special Event Banner” means any temporary sign constructed of pliable materials such as
canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain
without significant deterioration, and which does not require a building permit for its
construction, or installation outside of a building.
“Special needs housing,” for purposes of Chapter 19.56, Density Bonus, means any housing,
including supportive housing, intended to benefit, in whole or in part, persons identified as
having special needs relating to mental health; physical disabilities; developmental disabilities,
including without limitation intellectual disability, cerebral palsy, epilepsy, and autism; and risk
of homelessness, and housing intended to meet the housing needs of persons eligible for mental
health services funded in whole or in part by the Mental Health Services Fund . , as set forth in
Government Code Section 65915(p)(3)(C), as may be amended.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and
female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
“Story” means that portion of a building, excluding a basement, between the surface of any floor
and the surface of the next floor above it, or if there is no floor above it, then the space between
the floor and the ceiling next above it.
“Street” means a public or private thoroughfare the design of which has been approved by the
City which affords the principal means of access to abutting property, including avenue, place,
way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as
defined in this chapter.
1. Street, Public. “Public street” means all streets, highways, lanes, places, avenues and portions
and including extensions in the length and width, which have been dedicated by the owners
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to public use, acquired for public use, or in which a public easement for roadway purposes
exists.
“Street frontage,” for purposes of the Sign Ordinance, means the length of a site along or fronting
on a public or private street, driveway or other principal thoroughfare, but does not include such
length along an alley, watercourse, railroad right-of-way or limited access roadway or freeway.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner.
1. Structure, Recreational. “Recreational structure” means any affixed accessory structure or
portion, which functions for play, recreation or exercise (e.g., pool slides, playhouses, tree
houses, swings, climbing apparatus, gazebos, decks, patios, hot tubs and pools) but does not
include portable play structures, such as swings or climbing apparatus.
“Structurally attached” means any structure or accessory structure or portion thereof, which is
substantially attached or connected by a roof structure or similar physical attachment.
“Supportive housing” (per Government Code Section 65582(f), as may be amended) means
housing with no limit on length of stay, that is occupied by the target population, and that is
linked to onsite or offsite services that assist the supportive housing resident in retaining the
housing, improving his or her health status, and maximizing his or her ability to live and, when
possible, work in the community.
T. “T” Definitions:
[NO CHANGE]
U. “U” Definitions:
“Unobstructed Access,” for purposes of Chapter 19.56, Density Bonus, means access to a location
if a resident is able to access the location without encountering natural or constructed
impediments, as set forth in Government Code Section 65915(p)(2), as may be amended.
“Use” means the conduct of an activity, or the performance of a function or operation, on a parcel
or in a building or facility.
1. “Accessory use” means a use which is incidental to and customarily associated with a
specified principal use.
2. “Conditional use” means a use listed by the regulations of any particular district as a
conditional use within that district, and allowable solely on a discretionary or conditional
basis, subject to issuance of a conditional use permit, and to all other regulations established
by this title.
3. “Nonconforming use” means a use which is not a permitted use or conditional use authorized
within the district in which it is located, but which was lawfully existing on October 10, 1955;
or the date of any amendments thereto, or the application of any district to the property
involved, by reason of which adoption or application the use became nonconforming. (See
“noncomplying facilities” in this chapter for a definition.)
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4. “Permitted use” means a use listed by the regulations of any particular district as a permitted
use within that district, and permitted therein as a matter of right when conducted in accord
with the regulations established by this title.
5. “Principal use” means a use which fulfills a primary function of a household, establishment,
institution, or other entity.
“Useable rear yard” means that area bounded by the rear lot line(s) and the rear building line
extended to the side lot lines. The side yard adjacent to a proposed minor addition (e.g., addition
equaling ten percent or less of the principal structure) may be included in calculation of usable
rear yard area.
V. “V” Definitions:
[NO CHANGE]
W. “W” Definitions:
None.
X. “X” Definitions:
None.
Y. “Y” Definitions:
[NO CHANGE]
Z. “Z” Definitions:
None.
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CHAPTER 19.12 – ADMINISTRATION
Section
19.12.010 Purpose and intent.
19.12.020 Applicability of regulations.
19.12.030 Approval authority.
19.12.040 Authority of the Director of Community Development.
19.12.050 Authority of the Design Review Committee.
19.12.060 Authority of the Planning Commission.
19.12.070 Authority of the City Council.
19.12.080 Application process.
19.12.090 Action by Director.
19.12.100 Decision.
19.12.110 Noticing.
19.12.120 Action by Director of Community Development–Administrative.
19.12.130 Action by Design Review Committee and Planning Commission.
19.12.140 Action by City Council.
19.12.150 Notice of decision and reports.
19.12.160 Effective date.
19.12.170 Appeals.
19.12.180 Expiration, extension, violation and revocation.
[Sections 19.12.10 – 19.12.070– No Change]
19.12.080 Application Process
The following provisions outline the requirements for the filing of applications for permits,
entitlements, amendments, and approvals. Unless otherwise specified in this title, all
applications for permits, entitlements, amendments and approvals required by this title shall be
filed in compliance with this section.
Applications for permits, permit modifications, amendments and other matters pertaining to
this chapter shall be filed with the Director of Community Development with the following:
A. An application for permit may be made by the owner of record, his or her agent,
lessee(s) of property, or person(s) who have contracted to purchase or lease property contingent
upon their ability to acquire the necessary permit under this title and who have written
authorization from the property owner to make an application.
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B. Application shall be made on a form provided by the City, and shall contain the
following, unless waived by the Director of Community Development based on the scope of the
proposed project:
1. A complete legal description of the subject property and map showing the location of the
property for which the permit is sought;
2. A preliminary title report of the subject property;
3. The proposed site development plan indicating: the location of all buildings and
structures; the location and types of land uses; paved areas, such as roadways, driveways
and walkways; and general landscaping scheme;
4. Architectural drawings of the proposed development, building additions or other
structures. Drawings shall indicate building height, colors, materials, window treatment
and other architectural features;
5. Maps showing the locations of buildings;
6. Renderings showing building heights and square footages;
7. Maps showing the precise location of roads, streets, alleys and access points;
8. A traffic analysis, if required;
9. A construction plan;
10. Any property/development with a Homeowner's Association (HOA) or Architectural
Review Board (ARB) shall provide a letter of approval from said HOA Board or ARB.
11. The Director of Community Development may reasonably require additional information
which is pertinent and essential to the application.
12. Zoning Map or Text Amendments shall also include information required per Chapter
19.152.
a. Zoning applications for Planned Development Zoning Districts shall also include
information required per Section 19.80.040;
b. Zoning applications for Multi-Family (R3) Residential shall also include information
required per Section 19.36.040; and
c. Zoning applications for Residential Single-family Cluster (R1C) initiated by a property
owner, or his or her designee, shall also include items identified in Section 19.44.050H.
13. Planned Development Permit and Development Permit applications shall also include
information required per Section 19.156.010:
14. Conditional Use Permits and Variances shall also include information required per
Section 19.156.020.
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15. Density Bonus Permit applications shall also include information required per Section
19.56.060.
16. Conversion of Apartment Projects to Common Interest Developments applications shall
also include information required per Section 19.116.050.
17. Sign Permit Applications should also include information required per Section 19.104.040.
C. Application shall be accompanied by the fee prescribed by City Council resolution, no
part of which shall be returnable to the applicant.
D. The Approval Body is granted the authority to make the decision to grant, deny, or
impose conditions or restrictions on a permit or other approval or take any other action on a
permit or approval and to conduct and make any decisions necessary for environmental review
under the California Environmental Quality Act.
[Sections 19.12.090 – 19.12.180– No Change]
19.12.180 Expiration, Extension, Violation and Revocation.
A. Expiration.
1. Approval on a permit or variance shall become null and void and of no effect,
within the time frame specified in Section 19.12.030 following its issuance, unless
a shorter or longer time period is specifically prescribed in the conditions of permit
or variance, unless:
a. A building permit is filed and accepted by the City (fees paid and control number
issued.) In the event that a building permit expires for any reason, the permit shall
become null and void.
b. The permit or variance has been used. A permit or variance shall be deemed to be
"used" when actual substantial and continuous activity has taken place upon the land
subject to the permit or variance or, in the event of the erection or modification of a
structure or structures, when sufficient building activity has occurred and continues
to occur in a diligent manner.
2. Notwithstanding subsection 1 of this section, if the use for which a conditional use permit
was granted and utilized has ceased or has been suspended for one year or more, the
permit becomes null and void.
3. Unless a variance or exception has expired pursuant to subsection 1 of this section, it shall
continue to exist for the life of the existing structure or such structure as may be
constructed pursuant to the approval unless a different time period is specified in its
issuance. A variance or exception from the parking and loading regulations, and a sign
exception shall be valid only during the period of continuous operations of the use and/or
structure for which the variance or exception was issued.
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B. Extensions. A permit or variance may, in accord with Section 19.12.030, Approval Authority,
be extended, one-time only, for the time frame specified in Section 19.12.030, upon timely
submittal of an application with the Director of Community Development prior to expiration.
B.C. Violation. Once a permit or variance is effective, any and all conditions of approval
imposed shall become operative, and the violation of any of them shall constitute a violation
of this Code.
C.D. Revocation
1. Process. In any case where, in the judgment of the Director, substantial evidence indicates
that the conditions of a permit or variance have not been implemented, or where the
permit or variance is being conducted in a manner detrimental to the public health, safety,
and welfare, the Director shall set a date for a public hearing before the decision
makerApproval Body that granteding the original permit or variance, and notice a public
hearing in accordance with Section 19.12.110, Noticing, of this code.
2. Findings: A permit may be revoked or modified if any one of the following findings can
be made:
i. That the permit was obtained by misrepresentation or fraud;
ii. That the improvement, use or activity authorized in compliance with the permit had
ceased or was suspended for one year or more;
iii. That one or more of the conditions of the permit have not been met; or
iv. That the owner or occupant of the property is conducting the use or any associated
or other use of the property in violation of the law.
v. In the case of revocation of a sign permit, the sign was abandoned for a period of
thirty days.
[Sections 19.16 – 19.28.120– No Change]
19.28.120 Landscape Requirements.
To mitigate privacy impacts and the visual mass and bulk of new two-story homes and additions,
tree and/or shrub planting is required. The intent of this section is to provide substantial screening
within three years of planting.
[Sections 19.28.120(A) – 19.28.120(C)(3) – No Change]
4. Covenant. The property owner shall record a covenant with the Santa Clara County Recorder's
Office that requires the retention of all privacy planting, or use of existing vegetation as privacy
planting, and required front yard trees, prior to receiving a final building inspection from the
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Building Division. This regulation does not apply to situations described in subsection (C)(3)(b)
of this section.
[Sections 19.28.120(C)(5) – 19.32.– No Change]
19.32.010 Purpose.
The residential duplex zoning district is intended to allow a second dwelling unit under the same
ownership as the initial dwelling unit. The residential duplex district is intended to increase the
variety of housing opportunities in within the community while maintaining the existing
neighborhood character.
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CHAPTER 19.56: DENSITY BONUS
Section
19.56.010 Purpose.
19.56.020 Applicability of Regulations. Eligibility for Density Bonus
19.56.030 Density Bonus.
19.56.040 Incentives or /Concessions, Waivers and Reduction of Parking Standards.
19.56.050 General Requirements.
19.56.060 Application Requirements.
19.56.070 Findings.
19.56.010 Purpose.
The density bonus ordinance codified in this chapter is intended to comply with the State Density
Bonus Law, Government Code Section 65915, which provides that a local agency shall adopt an
ordinance specifying how the agency will comply with that section.
19.56.020 Applicability of RegulationsEligibility for Density Bonus.
A. Housing developments resulting in a net increase of at least five units (excluding density
bonus units) are eligible for a density bonus as provided in this chapter, when the applicant
for the housing development agrees or proposes at least one of the following and meets the
requirements of Section 19.56.020C, if applicable:
1. Construct:
a. Ten percent of the total units affordable to lower income households at affordable rent
or affordable housing cost; or
b. Five percent of the total units affordable to very low income households at affordable
rent or affordable housing cost; or
c. Ten percent of the total units proposed in a common interest development for sale to
moderate income households, provided that all units in the development are offered
to the public for purchase; or
d. A senior citizen housing development.
2. Donate land in accordance with Section 19.56.030C;
3. Provide affordable housing in a condominium conversion project in accordance with
Section 19.56.030E.
B. In addition to meeting the requirements of 19.56.020A, a housing developments which
includes a child care facility in accordance with Section 19.56.030D, is entitled to an additional
density bonus;
B.C. Housing developments on sites occupied by rental housing in the five-year period
preceding the date of submittal of a density bonus application must either meet or provide:
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(1) affordable units in accordance with Section 19.56.020A; or (2) replacement affordable units
in accordance with Government Code Section 65915(c)(3)(B), whichever yieldsrequires a
greater number of affordable units.
C.D. An applicant may also submit a proposal for specific incentives or concessions to be
granted in conjunction with the density bonus, as provided in Section 19.56.040;
D.E. The granting of a density bonus, incentive or concession, in and of itself, shall not require
a general plan amendment, zone change, or other discretionary approval and shall be
reviewed concurrently with the review of the housing development.
19.56.030 Density Bonus
A. Housing developments that meet the criteria in Section 19.56.020A(1) and Section 19.56.020C,
isif applicable, are eligible for a maximum density bonus as set forth in Table 19.56.030.
Table 19.56.030: Density Bonus Calculations
Percentage of Affordable Units
Provided in Income Category
Density Bonus Percentage by Income Category
Very Low Income
Units
Low Income
Units
Moderate Income
Units
5% 20% - -
6% 22.5% - -
7% 25% - -
8% 27.5% - -
9% 30% - -
10% 32.5% 20% 5%
11% 35% 22% 6%
12% 35% 23% 7%
13% 35% 25% 8%
14% 35% 26% 9%
15% 35% 28% 10%
16% 35% 29% 11%
17% 35% 31% 12%
18% 35% 32% 13%
19% 35% 34% 14%
20% 35% 35% 15%
21% 35% 35% 16%
22% 35% 35% 17%
23% 35% 35% 18%
24% 35% 35% 19%
25% 35% 35% 20%
26% 35% 35% 21%
27% 35% 35% 22%
28% 35% 35% 23%
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Percentage of Affordable Units
Provided in Income Category
Density Bonus Percentage by Income Category
Very Low Income
Units
Low Income
Units
Moderate Income
Units
29% 35% 35% 24%
30% 35% 35% 25%
31% 35% 35% 26%
32% 35% 35% 27%
33% 35% 35% 28%
34% 35% 35% 29%
35% 35% 35% 30%
36% 35% 35% 31%
37% 35% 35% 32%
38% 35% 35% 33%
39% 35% 35% 34%
40% 35% 35% 35%
B. Senior housing developments are entitled to a maximum density bonus of 20 percent
provided the development comprises of at least 35 units, conforms with to Civil Code Section
51.3 and the units are reserved for qualifying residents. The development does not have to
provide affordable units unless subject to Section 19.56.020C.
C. Donation of Land:
1. When an applicant donates land to the City or to a housing developer approved by the
City in accordance with the requirements of Section 19.56.020C030C(2) and meets the
requirements of Section 19.56.020C, the development shall be entitled to a 15 percent
density bonus. The development is entitled to an additional one percent density bonus for
the donation of land that would allow the development of an additional one percent of
affordable units above the minimum requirements in Section 19.56.020C(2)A(12), up to a
maximum of 35 percent.
2. The donation of land must meet the following requirements:
a. The land shall be donated and transferred no later than the date of approval of the
applicationhousing development, final subdivision map, parcel map, or building
permit, whichever occurs first.
b. The developable acreage and zoning classification of the land being transferred are
sufficient to permit construction of units affordable to very low income households in
an amount not less than 10 ten percent of the number of residential units of the
proposed development.
c. The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate General Plan designation, is
appropriately zoned with appropriate development standards for development at the
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density described in Government Code Section 65583.2(c)(3), and is or will be served
at the time of construction, by adequate public facilities and infrastructure.
d. The transferred land shall have all of the permits and approvals, other than building
permits, necessary for the development of the very low income housing units on the
transferred land not later than the date of approval of the final subdivision map, parcel
map, or residential or building permit, whichever occurs first, housing development
application, except that the City may subject the proposed development to subsequent
design review to the extent authorized by Government Code Section 65583.2(i) if the
design is not reviewed by the City prior to the time of transfer.
e. The land shall be transferred to the City or to a housing developer approved by the
City. The City may require the applicant to identify and transfer the land to the
developer.
f. The transferred land shall be within the boundary of the proposed development or, if
the City agrees, within one-quarter mile of the boundary of the proposed development.
g. A proposed source of funding for the very low income units shall be identified not later
than the date of approval of the proposed housing development.
h. The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with Government Code Section
65915(c)(1) or (2), as applicableSection 19.56.050A,. such deed restriction shall be
recorded at the time of transfer.
D. Provision of Child Day Care Facilities
1. When a housing development is proposed that contains affordable housing, as provided
in Section 19.56.030A and Section 19.56.030C, and includes a child day care facility that will
be located on the premises of, as part of, or adjacent to, the project, the City shall grant
either of the following if requested by the developer, except as specifically stated
elsewhere:
a. An additional density bonus in residential square footage that is equal to or greater
than the square footage of the child day care facility.
b. An additional concession or incentive that contributes significantly to the economic
feasibility of the construction of the child day care facility in accordance with Section
19.56.040.
2. The City shall also require that as a condition of approving the housing development:
a. The child day care facility shall remain in operation for a period of time that is as long
as or longer than the period of time during which the affordable units are required to
remain affordable.
b. Of the children who attend the child day care facility, the children of very low income
households, lower income households, or families of moderate income shall equal a
percentage that is equal to or greater than the percentage of dwelling units that are
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required for very low income households, lower income households, or families of
moderate income.
3. Notwithstanding any requirement of this subdivisionSection 19.56.030D, the City shall not
be required to provide a density bonus or concession for a child day care facility if the City
finds, based upon substantial evidence, that the community City has adequate child day
care facilities.
E. Condominium Conversions
1. When an applicant for approval to convert apartments toof a condominium project
conversion agrees to provide at least 33 percent of the total units of the proposed
condominium project to low or moderate income households, or 15 percent of the total
units of the proposed condominium project to lower income households; to include the
affordable units required by Section 19.56.020C, if applicable, and agrees to pay for the
reasonably necessary administrative costs incurred by the City, the City shall either:
a. Grant a density bonus of 25 percent over the number of apartments to be provided
within the existing structure or structures proposed for conversion; or
b. Provide other incentives of equivalent financial value. This shall not require the City
to provide cash transfer payments or other monetary compensation but may include
the reduction or waiver of requirements which that the City might otherwise apply as
conditions of conversion approval.
2. The City may place such reasonable conditions on the granting of a density bonus or other
incentives of equivalent financial value as the City finds appropriate. The proposed lower
or moderate income units shall be subject to a deed restriction, including but not limited
to, conditions which assure ensuring continued affordability of units to subsequent
purchasers who are persons and families of low andto lower or moderate income or lower
income households consistent with Section 19.56.050A.
3. An application shall be ineligible for a density bonus or other incentives under this section,
if the apartments proposed for conversion constitute a housing development for which a
density bonus or other incentives were previously provided under Government Code
Section 65915 or this Chapter.
4. Nothing in this section shall be construed to require the City to approve a proposal to
convert apartments tofor a condominiums conversion. Condominium conversions are
subject to the requirements of Chapter 19.116.
F. Density Bonus Calculations:
1. A density bonus may be selected from only one income or development category listed
abovein Section 19.56.020A(1), except that density bonuses for land donation may be
combined with others, up to a maximum of 35 percent, and an additional square-foot
bonus may be granted for a child day care facility as provided in Section 19.56.030C.
2. In determining the number of density bonus units to be granted, any fractions of density
bonus units shall be rounded up to the next whole number.
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3. Density bonus units authorized by this section shall not be included when determining the
number of affordable units, required to qualify for the density bonus. In determining the
number of affordable units required to qualify for a density bonus, any fractions of
affordable units shall be rounded up to the next whole number.
4. An applicant may request a lower density bonus than the housing development is entitled
to, but no reduction will be permitted in the percentage of required affordable units as
shown in Section 19.56.020 or Section 19.56.020C.
5. Regardless of the affordable units, no housing development will be entitled to a density
bonus of more than 35 percent, unless approved by the City pursuant to Section
19.56.030F(67).
6. The City, at its discretion, may grant additional density bonuses. While the maximum
density bonus, the City is required to provide pursuant to State Law, is thirty-five (35)
percent; this is not the maximum amount that an applicant may obtain. An applicant may
negotiate with the City to obtain a density bonus higher than the maximum set forth in
Table 19.56.030,, in exchange for including even more affordable units than are provided
in the table and/or the provision of other amenities or considerations. to a housing
development where all units (except manager’s unit(s)) are affordable to lower income
households.
7. For purposes of calculating a density bonus, the residential units do not have to be based
upon individual subdivision maps or parcels. The density bonus units shall be permitted
in geographic areas of the housing development other than the areas where the affordable
units are located.
19.56.040 Incentives andor Concessions, Waivers and Reduction of Parking Standards.
A. Incentives or Concessions:
1. A housing development is eligible for iIncentives and or cConcessions as shown in Table
19.56.040A. Incentives and or cConcessions must be selected from only one category
(very low, low, or moderate). No incentives or concessions are available for land
donation or for a senior citizen housing development that is not affordable.
Condominium conversions and day care centers may have one incentive or concession,
or a density bonus, at the City's option, but not both.
Table 19.56.040A: Incentives and or Concessions Calculations:
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Unit Type Percent of
Affordable Units
Number of
Incentives/Concessions
Very Low Income
Units
5% or greater 1
10% or greater 2
15% or greater 3
Low Income Units
10% or greater 1
20% or greater 2
30% or greater 3
Moderate Income
Units
10% or greater 1
20% or greater 2
30% or greater 3
2. For purposes of this chapter, permissible concessions and incentives or concessions
include, but are not limited to:
a. A reduction of development standards or a modification of zoning code requirements
or architectural design requirements that exceed the minimum building standards
approved by the California Building Standards Commission as provided in Part 2.5
(commencing with Section 18901) of Division 13 of the Health and Safety Code,
including but not limited to, a reduction in setback requirements, square footage or
parking requirements, such that the reduction or modification results in identifiable,
financially sufficient, and actual cost reductions.
b. Approval of mixed-use zoning in conjunction with the housing project development
if commercial, office, industrial or other land uses will reduce the cost of the housing
development, and if the commercial, office, industrial or other land uses are
compatible with the housing project development and the existing or planned
development in the area where the proposed housing project development will be
located;
c. Other regulatory incentives or concessions proposed by the developer or the City,
which result in identifiable, financially sufficient, and actual cost reductions.
3. Nothing in this section requires the provision of direct financial incentives for the housing
development, including but not limited to the provision of financial subsidies, publicly
owned land by the City or the waiver of fees or dedication requirements. The City, at its
sole discretion, may choose to provide such direct financial incentives;
3.4. A housing development which requests incentives or concessions must
showdemonstrate, in compliance with Section 19.56.060B, that the requested incentives or
concessions are required to provide for affordable rents or affordable housing costs, as
applicable.
B. Waivers: CO
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1. An applicant may submit to the City a proposal for the waiver or reduction of
development standards that will have the effect of physically precluding the construction
of a housing development meeting the criteria outlined in Section 19.56.020 at the densities
or with the concessions or incentives permitted under this chapter.
2. A proposal for the waiver or reduction of development standards shall neither reduce nor
increase the number of incentives or concessions to which the applicant is entitled to
subject to Section 19.56.040A.
4.3. The applicant shall bear the burden of demonstrateing that the development standards
that are requested to be waived will have the effect of physically precluding the
construction of the housing development with the density bonuses and incentives or
concessions.
C. Reduction of Parking Standards:
5.1. If the a housing development is eligible for density bonus as provided in Section 19.56.020,
upon request of the applicant, the maximum off-street parking standards that can be
applied to the housing portion of anythe development, inclusive of handicapped and
guest parking are indicated in Table 19.56.040B. These may include tandem and
uncovered parking spaces but not on-street parking spaces.
Table 19.56.040B: Off-street parking standards with for projects eligible for a density
bonus:
Number of bedrooms Maximum number of required off-street
parking spaces
0 – 1 One (1)
2 – 3 Two (2)
4 + Two and one-half (2.5)
2. For certain other housing developments that are eligible for a density bonus as provided
in Section 19.56.020, upon request of the applicant, the maximum off-street parking
standards that can be applied for the housing portion of the development, inclusive of
handicapped and guest parking, are indicated in Table 19.56.040C. These may include
tandem and uncovered parking spaces but not on-street parking spaces.
Table 19.56.040C: Off-street parking standards for certain housing developments:
Type of development
Maximum number
of required off-street
parking spaces
1. Rental or ownership housing development with:
a. At least 11% very low income or 20% low income units; and
b. Within one-half mile of a Major Transit Stop; and
a.c. Unobstructed Access to the Major Transit Stop.
0.5 per bedroom
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Type of development
Maximum number
of required off-street
parking spaces
2. Rental housing development with:
a. All units affordable to lower income households except
manager’s unit(s); and
b. Within one-half mile of a Major Transit Stop; and
a.c. Unobstructed Access to the Major Transit Stop.
0.5 per unit
3. Rental housing development with:
a. All units affordable to lower income households except
manager’s unit(s); and
b. A senior citizen housing development; and either
c. Has paratransit service; or
a.d. Is within one-half mile of fixed bus route service that
operates 8 times per day, with Unobstructed Access to that
service.
0.5 per unit
4. Rental housing development with:
a. All units affordable to lower income households except
manager’s unit(s); and
b. A Special Needs Housing development; and either
c. Has paratransit service; or
a.d. Is within one-half mile of fixed bus route service that
operates 8 times per day, with Unobstructed Access to that
service.
0.3 per unit
3. If the City, at its cost, has conducted an area-wide or City-wide parking study in the last
seven years, then the City may find, based on substantial evidence, that a higher parking
ratio is required than shown in Table 19.56.040C. In no event, may the required parking
be greater than the ratio shown in Table 19.56.040B. The parking study must conform to
the requirements of Government Code Section 65915(p)(7).
B.D. A housing development which requests incentives or concessions must show that the
requested concessions are required to provide for affordable rents or affordable housing costs,
as applicable.
19.56.050 General Requirements.
A. Affordable for-sale and rental low and very low income units must remain affordable to low
or very low income households, as applicable, for thirty fifty-five (55) years or for a longer
period of time if required by a construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program. Affordable for-sale moderate
income units must remain affordable to moderate-income households for the duration
required by Chapter 19.172, Below Market Rate the City’s Residential Housing Mitigation
Program and implementing procedures and policies adopted by the City Council, or for a CO
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longer period of time if required by a construction or mortgage financing assistance program,
mortgage insurance program, or rental subsidy program. Sales price for for-sale affordable
very low, low, and moderate income units shall be set at affordable housing cost. Rents for
affordable low and very low income rental units shall be set at an affordable rentlevel.
B. The affordable dwelling units and land dedication that qualify a housing development for a
density bonus may also be used to meet the below-market-rate housing provisions of the
City’s Residential Housing Mitigation Program, provided that the affordable units and land
dedication comply with the requirements of both Chapter 19.56, Density Bonus, and the
Chapter 19.172, Below Market Rate Residential Housing Mitigation Program; and
implementing procedures and policies adopted by the City Council regarding the required
number of affordable units, required level of affordability, and term of affordability so as to
provide the greatest affordability to the most households for the longest term.
C. Unless otherwise governed by other funding sources, to the extent consistent with fair
housing laws, preferences for the affordable units will be given as specified in Chapter 19.172,
Below Market Rate Housing Program, and implementing procedures and policies adopted
by the City Council. first priority for the affordable units will be given to individuals who
reside, work, go to school, or have family in the City of Cupertino.
D. An agreement shall be entered into between the developer and the City to ensure compliance
with the provisions of this chapter and state law A master regulatory agreement shall be made
between the developer and the City which and shall indicates include, without limitation the
household type, number, location, size, affordability, and construction scheduling of all
affordable units, and such information as shall be required by the City for the purpose of
determining the developer's compliance with this chapter. For rental affordable very low and
low income units, the agreement shall additionally contain, without limitation, provisions for
certification of tenant incomes, reporting and monitoring of affordable units, and
management and maintenance of affordable units.
D.E. The regulatory agreement shall be recorded against the housing development prior to
final or parcel map approval, or, where a map is not being processed, prior to issuance of any
building permits, whichever occurs first, and shall be binding on all future owners and
successors in interest.
E.F. Affordable units in a project and phases of a project shall be constructed concurrently with
or prior to the construction of market-rate units.
F.G. Affordable units shall be provided as follows:
1. Affordable units shall be dispersed throughout the project;
2. Affordable units shall be identical with the design of any market rate rental units in the
project with the exception that a reduction of interior amenities for affordable units will be
permitted upon prior approval by the City Council as necessary to retain project
affordability.
G. The developer shall submit a project financial report (pro forma) demonstrating that the
requested incentives or concessions are required to provide for affordable rents or affordable
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housing costs, as applicable. The City may retain a consultant to review the financial report.
The cost of the consultant shall be borne by the developer with the following exception:
1. If the applicant is a nonprofit organization, the cost of the consultant may be paid by the
City upon prior approval of the City Council.
H. All affordable units shall be occupied by the household type specified in the written
agreement required under Section 19.52.050C. The developer’s obligation to maintain these
units as affordable housing shall be evidenced by the master regulatory agreement which
shall be recorded as deed restriction running with the land.
I.H. Prior to the rental or sale of any affordable unit, the City or its designee, shall verify the
eligibility of the prospective tenant or buyer. All affordable units shall be occupied by the
household type that qualified the housing development for the density bonus and incentives
or concessions.
J.I. The City may establish fees for processing applications under this chapter and recovery of
costs associated with the establishment and setting up and monitoring of affordable units.
K. For rental affordable very low and low income units:
1. The owner shall obtain and maintain on file certifications by each household. Certification
shall be obtained immediately prior to initial occupancy by each household and annually
thereafter, in the form provided by the City or its designee. The owner shall obtain
updated forms for each household on request by the City, but in no event less frequently
than once a year. The owner shall maintain complete, accurate and current records
pertaining to the housing development, and will permit any duly authorized
representative of the City to inspect the records pertaining to the affordable units and
occupants of these units.
2. The owner shall submit an annual report to the City, on a form provided by the City. The
report shall include for each affordable unit the rent, income, and family size of the
household occupying the unit.
3. The owner shall provide to the City any additional information required by the City to
insure the long-term affordability of the affordable units by eligible households.
19.56.060 Application Requirements.
A. An applicant may submit a preliminary proposal for housing development pursuant to this
chapterfor a density bonus and incentives or concessions prior to the submittal of any formal
application.
B. All requests pursuant to this Chapter shall be submitted to the City concurrently with the
application for the first discretionary permit or other permit required for the housing
development and shall be processed concurrently with the discretionary application
following the review process as set forth for permits in Chapter 19.12, Administration, of the
Cupertino Municipal Code established by the City. The applicant shall provide additional
information as specified in this chapter, specifically:
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1. A summary table showing the maximum number of units permitted by the zoning and
general plan excluding any density bonus units, proposed affordable units by income
level, proposed bonus percentage, proposed number of density bonus units , and total
number of proposed dwelling units on site;Provide a written statement specifying the
desired density increase, incentives and any waivers requested, proposed rent schedules
and/or sales prices, and the type, location, size and construction scheduling of all dwelling
units;
1.2. A site plan, drawn to scale, showing the number and location of all proposed units,
designating the location of proposed affordable units and density bonus units and the
type, size, and construction scheduling of affordable and market-rate units;
3. For a housing development that replaces rental housing on a site within the five-year
period preceding the date of an application:
a. A description and documentation of all dwelling units existing on the site in the five-
year period preceding the date of submittal of the application and identification of any
units rented in the five-year period. If dwelling units on the site are rented as of the
date of application, income and household size of all residents of the occupied units.
If any dwelling units on the site were rented in the five-year period but are not
currently rented, the income and household size, if known, of residents occupyin g
dwelling units when the site contained the maximum number of dwelling units; and
b. Documentation of recorded covenant, ordinance, or law applicable to the site that
restricted rents to levels affordable to very low or lower income households in the five-
year period preceding the date of submittal of the application.
2.4. If a density bonus is requested for a land donation, the location of the land to be dedicated,
proof of site control, and evidence that each of the requirements included in Section
19.56.030C can be met.
3.5. If a density bonus or incentive or concession is requested for a child care facility, evidence
that all of the requirements in Section 19.56.030D can be met.
4.6. If a density bonus or incentive or concession is requested for a condominium conversion,
evidence that all of the requirements in Section 19.56.030E can be met.
7. A written statement specifying the various incentives or concessions, waivers and
reduction in off-street parking standards requested;
8. To ensure that each incentive or concession contributes significantly to the economic
feasibility of the proposed affordable housing, for any incentive(s) or concession(s)
requested, the following shall be Ssubmitted:
a. aA project financial report (which may be in the form of a pro forma) demonstrating
that the requested incentive(s) or concession(s) will result in identifiable, financially
sufficient, and actual cost reductions to the housing development and that they are
required to provide for affordable rents or affordable housing costs, as applicable. The
pro formafinancial report shall include the capital costs, operating expenses, return on
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investment, loan-to-value ratio and the debt coverage ratio including the
contribution(s) provided by any applicable subsidy program(s), as required;
b. An appraisal report indicating the value of the density bonus and of the
incentive(s) or /concession(s); and
c. A use of funds statement identifying the financial gaps for the housing
development with the affordable housing units. The analysis shall show how the
funding gap relates to the incentive(s) or /concession(s); and
c.d. A deposit to cover any expenses that the City expects to incur in retaining
consultant(s) and in administering consultant contract(s) to provide a peer review
of the above information. However, if the applicant is a federally recognized
nonprofit organization proposing a housing development where all units (except
manager’s unit(s)) are affordable to lower income households, the cost of
consultant(s) may be paid by the City upon prior approval of the City Council;
5.9. For any requested waiver of a development standard, plans showing the existing
development standard, the requested waiver and a demonstration evidence that the
development standard for which the waiver is requested will have the effect of physically
precluding the construction of the housing development with the density bonus and
incentives or concessions that the applicant is entitled torequested.
10. If a mixed use building or project is proposed as an incentive or concession, evidence that
non-residential land uses will reduce the cost of the housing development and that the
non-residential land uses are compatible with the development and the existing or
planned development in the area.
6.11. If a parking reduction is proposed, a table showing parking otherwise required by
the zoning ordinance and the proposed parking. If a parking reduction shown in Table
19.56.040C is requested, evidence that the housing development is eligible for the
requested parking reduction.
7.12. If a density bonus is requested for a land donation, the location of the land to be
dedicated, proof of site control, and evidence that each of the requirements included in
Section 19.56.030C can be met.
8.13. If a density bonus or incentive is requested for a child care facility, evidence that
all of the requirements in Section 19.56.030D can be met.
9.14. If a density bonus or incentive is requested for a condominium conversion,
evidence that all of the requirements in Section 19.56.030E can be met.
10.15. Any other information requested by the Director of Community Development to
determine if the required findings can be made.
19.56.070 Findings.
A. Before approving an application that includes a request for a density bonus, incentive or
concession, waiver or parking reduction in parking standards, and/or waiver pursuant to this
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chapter, the decision-making body shall determine that the proposal is consistent with State
Law by makinge the following findings, as applicable:
1. A finding tThat the residential projecthousing development is eligible for the density
bonus requested and any incentives or concessions, waivers or parking reductions or
waivers in parking standards requested.
2. If the density bonus is based all or in part on donation of land, a finding that aThat all the
requirements included in Section 19.56.030C have been met, if the density bonus is based
all or in part on donation of land.
3. If the density bonus or incentive is based all or in part on the inclusion of a child care
facility, a finding that aThat all the requirements included in Section 19.56.030D have been
met, if the density bonus or incentive(s) or concession(s) are based all or in part on the
inclusion of a child care facility.
4. If the density bonus or incentive is based on a condominium conversion, a finding that
aThat all the requirements included in Section 19.56.030E have been met, if the density
bonus or incentive or concession is based on a condominium conversion.
5. A finding that anyThat the requested incentive(s) or concession(s) will result in
identifiable, financially sufficient, and actual cost reductions based upon the financial
analysis and documentation provided by the applicant and the findings of the peer-
reviewer, if incentive(s) or concession(s) are requested (other than mixed use
development) .
6. If the density bonus is based all or in part on donation of land, a finding that all the
requirements included in Section 19.56.030C have been met.
7. If the density bonus or incentive is based all or in part on the inclusion of a child care
facility, a finding that all the requirements included in Section 19.56.030D have been met.
8. If the density bonus or incentive is based on a condominium conversion, a finding that all
the requirements included in Section 19.56.030E have been met.
9. If the incentive includes mixed-use development, a finding tThat all the requirements
included in Section 19.56.040B(2) have been metthe proposed non-residential land uses
within the proposed development will reduce the cost of the housing development and
are compatible with the housing development and the existing or planned development
in the area where the proposed development will be located, if an incentive or concession
is requested for mixed use development.
10. If a waiver is requested, a finding that That the development standard(s) for which the
waiver(s) areis requested would have the effect of physically precluding the construction
of the housing development with the density bonus and incentives or concessions
permitted, if a waiver is requested.
10.11. That all the applicable requirements in Section 19.56.040C have been met, if a
reduction in off-street parking standards for an eligible housing development is
requested. CO
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B. If the findings required by subsection (A) of this section, as applicable, can be made, the
decision-making body may deny an application for an incentive or concession or waiver
requested pursuant to Section 19.56.040 only if it makes one of the following written findings
as applicable to each type of application, supported by substantial evidence:
1. That the incentive is not required to provide for affordable rents or affordable sales prices;
or
2.1. That the incentive or concession, or waiver would have an adverse impact on real
property listed in the California Register of Historic Resources; or
3.2. That the incentive or concession, or waiver would have a specific, adverse impact upon
public health or safety or the physical environment, and there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact without rendering the
residential project unaffordable to low and moderate income households. For the purpose
of this subsection, "specific, adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified, written public health or safety
standards, policies, or conditions as they existed on the date that the application for the
residential project was deemed complete; or
4.3. That the incentive or concession, or waiver is contrary to state or federal law.
C. An application for an incentive or concession may also be denied if the decision-making body
makes the written finding, supported by substantial evidence, that the requested incentive or
concession is not required to provide for affordable housing costs or affordable rents.
C.D. If the findings required by subsection (A.) of this section can be made, the decision-making
body may deny an application for a density bonus or incentive or concession that is based on
the provision of child care only if it makes a written finding, based on substantial evidence,
that the city already has adequate child care facilities.
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CHAPTER 19.104: SIGNS
19.104.010 Purpose and Intent.
19.104.020 Applicability of Regulations.
19.104.030 Permit Required.
19.104.040 Sign Permit Application Requirements.
19.104.050 Sign Permit Application–Review Criteria.
19.104.060 Inspection Requirements.
19.104.070 Appeals.
19.104.080 Obstructions Prohibited.
19.104.090 Construction and Maintenance Specifications.
19.104.100 Signs Exempt from Permit Requirements.
19.104.110 Prohibited Signs.
19.104.120 Signs in Special Planning Districts.
19.104.130 Sign Program–Applicability, Requirements and Findings.
19.104.140 Permanent Wall Signs.
19.104.150 Permanent Window Signs, Blade Signs & Logos, Symbols or Insignias.
19.104.160 Ground Signs.
19.104.170 Gasoline Station Signs.
19.104.180 Electronic Readerboard Signs, Changeable Copy Signs, Exposed & Visible Neon
Signs, Decorative Statuary and Beverage Container Recycling Signs.
19.104.190 Signs in and Near Residential Districts.
19.104.200 Freeway Orientation.
19.104.205 Message Substitution.
19.104.210 Landmark Signs.
19.104.220 Design Criteria–Permanent Signs.
19.104.230 Illumination Restrictions.
19.104.240 Temporary Signs–Location.
19.104.250 Temporary Signs–Flags, Garage Sales, Political Signs and Subdivision Signs.
19.104.260 Temporary Signs–Real Estate Signs and Project Announcement Signs. RE
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19.104.270 Temporary Signs–Special Event Banners, Promotional Devices, and Portable Signs
and Displays.
19.104.280 Temporary Window Signs.
19.104.290 Exception–Findings.
19.104.300 Enforcement of Provisions.
19.104.310 Nonconforming Signs.
19.104.320 Abandoned or Discontinued Signs.
19.104.330 Illegal Signs on Private Property.
19.104.340 Illegal Signs in Public Right-of-Way or on Public Property.
19.104.350 Summary Removal Authorized.
19.104.360 Illegal Signs - Responsible Party for Costs and Fees - Storage, Reclamation and
Disposal of Removed Signs.
19.104.370 Illegal Signs–Deemed Public Nuisance–Court Action Authorized.
19.104.380 Violation Deemed Infraction–Penalty.
Appendix A: Example of How to Figure Size and Location of Ground Signs.
Appendix B: Landmark Signs.
Appendix C: Examples of Well Proportioned Signs; Examples of Signs Not Well Proportioned.
[Sections 19.104.010 – 19.104.200 – NO CHANGE]
19.104.205 Message substitution
A. Subject to the private property owner’s consent, a constitutionally protected noncommercial
message of any category or content may be substituted, in whole or in part, for any allowed
commercial message or any other protected noncommercial message, provided that the sign
structure or mounting device is legal without consideration of message content. Such
substitution of message may be made without any additional approval or permitting. The
purpose of this provision is to prevent any favoring of commercial speech over non-
commercial speech, or favoring of any particular protected noncommercial message over
any other protected noncommercial message. Message substitution is a continuing right
which may be exercised any number of times.
B. The message substitution right does not:
1. Create a right to increase the total amount of sign display area on a site or parcel;
2. Create a right to substitute an off-site commercial message in place of an onsite
commercial message or in place of a noncommercial message;
3. Affect the requirement that a sign structure or mounting device must be properly
permitted; RE
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4. Authorize changing the physical method of image presentation (such as digital or neon)
display without a permit; or
5. Authorize a physical change to the sign structure without compliance with applicable
building codes, safety codes, and neutrally-applicable rules for sign size, height,
orientation, setback, separation or illumination.
[Sections 19.104.210 – 19.104.380 – No Change]
[Appendix A – Appendix C – No Change]
312
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1841 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:7/11/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Second Reading of an Ordinance of the City Council of the City of Cupertino regarding legal
non-conforming single-family garages, and standards for bicycle parking and facilities. Application No
(s).: MCA-2016-02; Applicant(s): City of Cupertino; Location: citywide
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
B - Redlined Chapter 19 124
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:SecondReadingofanOrdinanceoftheCityCounciloftheCityofCupertino
regardinglegalnon-conformingsingle-familygarages,andstandardsforbicycleparkingand
facilities.ApplicationNo(s).:MCA-2016-02;Applicant(s):CityofCupertino;Location:
citywide
ConductthesecondreadingofOrdinanceNo.16-2150“AnordinanceoftheCityCouncilof
theCityofCupertinoamendingTitle19,Chapter19.124Section19.124.030“Regulationsfor
ParkingandKeepingVehiclesinVariousZones”andSection19.124.040“RegulationsforOff-
StreetParking”,regardinglegalnon-conformingsingle-familygarages,andmakingstandards
forbicycleparkingandfacilitiesconsistentwiththeCityofCupertino2016Bicycle
Transportation Plan
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
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DEPARTMENT OF COMMUNITY DEVELOPMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Second Reading of an Ordinance of the City Council of the City of Cupertino regarding legal
non-conforming single-family garages, and standards for bicycle parking and facilities
(Application No. MCA-2016-02; Applicant: City of Cupertino; Location: City-wide)
Recommended Action
Conduct the second reading of Ordinance No. 16-2150 “An ordinance of the City Council of
the City of Cupertino amending Title 19, Chapter 19.124 Section 19.124.030 “Regulations for
Parking and Keeping Vehicles in Various Zones” and Section 19.124.040 “Regulations for
Off-Street Parking”, regarding legal non-conforming single-family garages, and making
standards for bicycle parking and facilities consistent with the City of Cupertino 2016 Bicycle
Transportation Plan. (Attachment A).
Discussion
On September 20, 2016 the City Council introduced and conducted the first reading of
Ordinance No. 16-2150. The City Council approved the proposed ordinance for the second
reading (Attachment B has a redline version of the ordinance).
CEQA
The proposed Ordinance is not a project within the meaning of section 15378 of the California
Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in
physical change in the environment, either directly or ultimately. In the event that this
Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to
have no possibility of a significant effect on the environment but also not limited to Existing
Facilities (Sec. 15301), Replacement or Reconstruction (Sec. 15302), or Construction or
Conversion of Small Structures (Sec. 15303).
314
Sustainability Impact
As the ordinance amendment is increasing the number of bicycle facilities for development,
it is encouraging bicycling as viable transportation mode to decrease the number of single-
occupancy vehicle trips within the community.
Fiscal Impact
None
_________________
Prepared by: Gian Paolo Martire, Assistant Planner
Reviewed by: Benjamin Fu, Assistant Director of Community Development
Aarti Shrivastava, Assistant City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Draft Ordinance No. 16-2150
B. Redline version of revisions to Draft Ordinance
315
Attachment A
Draft Ordinance No. 16-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING TITLE 19, CHAPTER 19.124 SECTION 19.124.030 “REGULATIONS FOR
PARKING AND KEEPING VEHICLES IN VARIOUS ZONES” AND SECTION
19.124.040 “REGULATIONS FOR OFF-STREET PARKING”, REGARDING LEGAL
NON-CONFORMING SINGLE-FAMILY GARAGES, AND MAKING STANDARDS
FOR BICYCLE PARKING AND FACILITIES CONSISTENT WITH THE CITY OF
CUPERTINO 2016 BICYCLE TRANSPORTATION PLAN.
WHEREAS, this Ordinance is determined to be not a project under the requirements of
the California Quality Act of 1970, together with related State CEQA Guidelines
(collectively, “CEQA”) in that proposed Ordinance is not a project within the meaning
of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines
because it has no potential for resulting in physical change in the environment, either
directly or ultimately. In the event that this Ordinance is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant
effect on the environment.
WHEREAS, the City Council is the decision-making body for this Ordinance; and
WHEREAS, the City Council before taking action on this Ordinance has reviewed the
not a project determination and exemption, and using its independent judgment,
determines the Ordinance to be not a project or exempt from CEQA as stated above;
NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Table 19.124.030A of Section 19.124.30 of Chapter 19.124 of Title 19 of the
Cupertino Municipal Code is hereby amended as follows:
Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones
1.
Front yard, Street side setback
area or within 12 feet of a
public right-of-way in a rear
yard area
Vehicles may be placed, kept or parked in these
areas subject to the restrictions below.
i. Residential zoning district requiring a lot size
≤ 10,000 square feet = four.
ii. Other residential zoning districts = six.
316
a.
Maximum Number of Vehicles
iii. A greater number of vehicles may be
approved by the City in conjunction with a
development permit.
iv. For purposes of counting vehicles,
vertically stacked components which belong
together shall be counted as a single vehicle. E.g., a
camper mounted on a pickup truck.
v. Horizontal groupings shall be counted as
two vehicles.
b. Vehicle with trash or debris
Open vehicles containing trash or debris are
prohibited.
c. Overhang
No portion of any vehicle may overhang any
public right-of-way.
Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones (Cont.)
1.
(Cont.)
Front yard, Street side setback
area or within 12 feet of a
public right-of-way in a rear
yard area
Vehicles may be placed, kept or parked in these
areas subject to the restrictions below.
d.
Parking pad materials
i. All vehicles must be parked on a
permanent impervious or semi-pervious
surface.
ii. Semi-pervious surfaces include unit pavers,
turf block, brick, cobbles, gravel or other like
materials that must allow for partial filtration of
water and must prevent direct contact with soil.
iii. Impervious surfaces include concrete,
asphalt or other like materials that do not allow
infiltration of water.
e.
Front yard Impervious Area
Limitation
i. Lots > 60 feet in width, maximum
impervious area = 40% of front yard area.
ii. Lots ≤ 60 feet in width, maximum
impervious area = 50% of front yard area.
f. Registration/PNO required
i. i. Vehicles must be either currently
registered, where registration is required for
legal operation and in good operating
conditions or
ii. Vehicles must have a planned non-
operation permit on file with the Department of
Motor Vehicles
g.
Driveway width for detached
garage or carport
i. Lots ≤ 150 feet in length, driveway
width = 10 feet
ii. Lots > 150 feet in length, driveway
width = 12 feet
h.
Driveway clearance
In new residential development, driveways shall
have a minimum clearance of two feet from a
building wall, fence, or property line.
i. All vehicles parked in the front or street yard
setback area must be parked perpendicular to the
317
i.
Orientation of Parked Vehicles
street, except on lots with circular driveways which
conform to the provisions of this code.
ii. On lots with circular driveways which
conform to the provisions of this code, all vehicles
parked in the front or street side yard setback area
are limited to less than twenty feet in length, unless
parked perpendicular to the street.
j.
Commercial Vehicles with
GVW > 10,000 pounds or
more or oversize vehicles
The following vehicles are not permitted:
i. Any commercial vehicle with a
manufacturer's gross vehicle weight rating of ten
thousand pounds or more,
ii. A total combination of motor truck, truck
tractor and/or trailers that exceeds sixty feet in
length.
2.
Areas outside those in A(1) above
Vehicles may be placed, kept or parked these areas,
provided a minimum clearance of three feet is
maintained from any structure.
Table 19.124.030A - Regulations for Parking and Keep ing Vehicles in Various Zones (Cont.)
3.
Parking within Structures
Vehicles are permitted to be placed, kept or
parked in any legal structure, provided that
A(4)(ii) is met.
4.
Non-Self-Propelled Vehicles
i. A maximum of two such vehicles are
permitted to be placed, kept or parked outside a
legal structure on a lot.
ii. A maximum of one such vehicle can occupy
a required parking space inside a legal structure.
5. Enclosed Garage Size
i. i. Shall consist an internal area
encompassing two parking spaces measuring ten
feet by twenty feet each (a total of 20 feet by 20 feet)
and
ii. Shall provide unobstructed (i.e., by walls,
appliances, etc.) between six inches from finished
floor up to six feet from finished floor.
6.
Legal Non-conforming
Single-Family Dwelling
Garages
i. May continue nonconformity provided
that the square footage necessary to
accommodate a conforming garage be
reserved from the allowable floor area
ratio for a future garage upgrade.
ii. A legal non-conforming parking facility
may be structurally altered, improved,
and/or enlarged in conformance with
other provisions of this code. No
reduction in size is permitted.
7.
Mobilehomes
Mobilehomes, excluding travel trailers, are not
permitted within the residential zones of the City,
except in a mobilehome park or as provided by
State law.
318
8. Living or Sleeping Quarters
No vehicle shall be used for living or sleeping
quarters, except as permitted below.
a.
Mobilehome park
Vehicles located in a mobilehome park and used
consistent with any City regulations applicable
to mobilehome parks are permitted.
b.
Trailers, Campers or
Recreational Vehicles
Trailers, campers or recreational vehicles may be
used by a bona fide guest of a City resident for a
period not to exceed seventy-two hours where the
trailer, camper or recreational vehicle is located on
the resident's property.
SECTION 2. Table 19.124.040 (A) of Section 19.124.040 of Chapter 19.124 of Title 19 of
the Cupertino Municipal Code is hereby amended as follows:
Table 19.124.040(A)
Land Use
Zones
Parking
Ratio(2)
Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions
(3)
Residential
Single-Family
R-1/R
HS/
A1/P
4/DU (2
garage + 2
open)
10 x 20 ea.
Small Lot
Single-family,
Townhouse
P
2.8/DU (2
garage
+ 0.8 open)
10 x 20 ea.
Duplex
R2
3/DU (1 ½
enclosed +
1 ½ open)
10 x 20 ea.
High Density
Multiple-Family,
High Density
Multiple Story
Condominium
R3/P 2/DU (1 covered
+ 1 open)
1 space per
2 residential
units; and
Class I
9.5 x 20 ea.
1 space per
10
residential
units
Class II
Public/Quasi-Public/Agriculture
Churches, Clubs,
Lodges, Theaters
BQ/CG
1/4 seats
+1/employee
+1/special-
purpose
vehicle
2% of seats.
Minimum
two spaces
Class II
Uni-size
1/employee + 1 space per Class II
319
Schools and
School Offices
BA/BQ
1/56 sq. ft.
multipurpose
room + 8
visitor
spaces/school
+ 1/3 students
at senior H.S.
or college
level
5 students
Uni-size
Daycare Centers CG 1/6.5 students Uni-size
Martial Arts, CG
Dance/Art/Music
Studios, Tutorial
Services,
specialized
schools (does not
include adult
tutorial schools
or services)
CG
1/4 students
plus 1/1 staff
at any given
time or 1/250
whichever is
more
restrictive
1 space
per 5
students
Class II
Uni-size
Agriculture A 2 garage + 2
open 10 x 20 ea.
Sanitariums and
Rest Homes
BQ
1/doctor
+1/3
employees
+ 1/6 beds
Uni-size
Table 19.124.040(A) (Cont.)
Land Use
Zones
Parking
Ratio(2)
Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions (3)
Private Recreation FP
1/4 seats +
1/employee
1/5,000 sq.ft.
Minimum
two spaces
Class II Uni-size
Gyms,
Auditoriums,
floor area used
Skating Rinks for
seating without
fixed seats
BA/BQ
1/56 sq. ft.
purposes +
1/employee
1/5,000 sq.ft.
Minimum
two spaces
Class II
Uni-size
Commercial
Motels/Hotels/
Lodging
CG
1/unit
1/employee (2)
(3)
1/20,000
sq.ft.
Minimum
two spaces.
Class II Uni-size
Restaurant/Bar and 1/3 seats +
1/employee +
1/2,000 sq.ft.
Minimum
CONSISTENCY WITH BICYCLE
MASTER PLAN
320
Nightclubs
CG
1/36 sq. ft. of
dance floor
two spaces
Class II Uni-size
Restaurants without
Separate Bar
CG
1/4 seats +
1/employee +
1/36 sq. ft. of
dance floor
1/2,000 sq.ft.
Minimum
two spaces
Class II
Uni-size
Restaurant - Fast
Food
CG
1/3 seats +
1/employee
1/2,000 sq.ft.
Minimum
two spaces
Class II
Uni-size
Specialty Foods
CG
1/3 seats or
1/250 sq. ft.
whichever is
more
1/2,000 sq.ft.
Minimum
two spaces
Class II
Uni-size
Bowling Alleys
CG
7/lane +
1/employee
1/5,000 sq.ft.
Minimum
two spaces
Class II
Uni-size
General
CG
1/250 sq. ft.
1/ 1,250 sq.ft.
up to 25,000
sq.ft.
1/2,500 sq.ft.
between
25,000 –
50,000 sq.ft.
1/5,000 sq.ft.
over 50,000
sq.ft.
1/5,000 sq.ft.
Bulky
Merchandise
(5)
Class II
Uni-size
Industrial
Manufacturing
ML
1/450 sq. ft.
1/12,000
sq.ft.
Minimum
two spaces
Class I
Uni-size
Office/Prototype
Manufacturing
ML/OA
1/285 sq. ft.
1/1,250
sq.ft. or 1/15
employees,
whichever is
more
restrictive.
Class I
Uni-size
Office
Corporate/
Administrative/
General
Multi-Tenant
CG/OP
1/285 sq. ft.
1/1,250
sq.ft. or 1/15
employees,
whichever is
more
Class I
Uni-size
CONSISTENCY WITH BICYCLE
MASTER PLAN
321
restrictive.
Medical and
Dental Office CG 1/175 sq. ft.
1/1,250 sq.ft. Class II
Uni-size
Notes:
1. Refer to Table 19.124.040(B) for uni-size stall dimensions.
2. Refer to standard details table for requirements for handicapped parking.
3. See 19.124.040(J) for stall dimensions in parking structures.
4. See 19.124.040(P) for description of bicycle parking classes.
5. Retail space devoted to the handling of bulky merchandise such as motor vehicles, machinery or
furniture, excluding grocery stores.
SECTION 3: Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on
any other provision of this Ordinance or the application of this Ordinance to any other
person or circumstance and, to that end, the provisions hereof are severable.
SECTION 4: Effective Date. This Ordinance shall take effect thirty days after adoption
as provided by Government Code Section 36937.
SECTION 5: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall give notice of its adoption as required by law. Pursuant to Government Code
Section 36933, a summary of this Ordinance may be published and posted in lieu of
publication and posting of the entire text.
SECTION 6: Continuity.
To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Cupertino Municipal Code, these provisions shall be
construed as continuations of those provisions and not as amendments of the earlier
provisions.
322
INTRODUCED at a regular meeting of the Cupertino City Council the ____ day
of ___________ 2016 and ENACTED at a regular meeting of the Cupertino City Council
on this ____ of __________ 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor of the City of Cupertino
323
CHAPTER 19.124: PARKING REGULATIONS
Section
19.124.010 Purpose.
19.124.020 Applicability of regulations.
19.124.030 Regulations for parking and keeping vehicles in various zones.
19.124.040 Regulations for off-street parking.
19.124.050 Exceptions–Approval authority.
19.124.060 Exceptions–Findings.
[Sections 19.124.010 –19.124.20 – No Change]
19.124.30 Regulations for Parking and Keeping Vehicles in Various Zones.
A. Table 19.124.030A sets forth the rules and regulations that pertain to Vehicles Permitted in
Residential Zones.
Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones
1.
Front yard, Street side
setback area or within 12 feet
of a public right-of-way in a
rear yard area
Vehicles may be placed, kept or parked in
these areas subject to the restrictions below.
a.
Maximum Number of Vehicles
i. Residential zoning district requiring a lot
size ≤ 10,000 square feet = four.
ii. Other residential zoning districts = six.
iii. A greater number of vehicles may be
approved by the City in conjunction with a
development permit.
iv. For purposes of counting vehicles,
vertically stacked components which belong
together shall be counted as a single vehicle. E.g.,
a camper mounted on a pickup truck.
v. Horizontal groupings shall be counted as
two vehicles.
b. Vehicle with trash or debris
Open vehicles containing trash or debris are
prohibited.
c. Overhang
No portion of any vehicle may overhang any
public right-of-way.
Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones (Cont.)
1. Front yard, Street side Vehicles may be placed, kept or parked in
324
(Cont.) setback area or within 12 feet
of a public right-of-way in a
rear yard area
these areas subject to the restrictions below.
d.
Parking pad materials
i. All vehicles must be parked on a
permanent impervious or semi-pervious
surface.
ii. Semi-pervious surfaces include unit
pavers, turf block, brick, cobbles, gravel or other
like materials that must allow for partial filtration
of water and must prevent direct contact with
soil.
iii. Impervious surfaces include concrete,
asphalt or other like materials that do not allow
infiltration of water.
e.
Front yard Impervious Area
Limitation
i. Lots > 60 feet in width, maximum
impervious area = 40% of front yard area.
ii. Lots ≤ 60 feet in width, maximum
impervious area = 50% of front yard area.
f. Registration/PNO required
i. i. Vehicles must be either currently
registered, where registration is required for
legal operation and in good operating
conditions or
ii. Vehicles must have a planned non-
operation permit on file with the Department
of Motor Vehicles
g.
Driveway width for detached
garage or carport
i. Lots ≤ 150 feet in length, driveway
width = 10 feet
ii. Lots > 150 feet in length, driveway
width = 12 feet
h.
Driveway clearance
In new residential development, driveways
shall have a minimum clearance of two feet from
a building wall, fence, or property line.
i.
Orientation of Parked Vehicles
i. All vehicles parked in the front or street
yard setback area must be parked perpendicular
to the street, except on lots with circular
driveways which conform to the provisions of this
code.
ii. On lots with circular driveways which
conform to the provisions of this code, all
vehicles parked in the front or street side yard
setback area are limited to less than twenty feet in
length, unless parked perpendicular to the street.
j.
Commercial Vehicles
with GVW > 10,000
The following vehicles are not permitted:
i. Any commercial vehicle with a
manufacturer's gross vehicle weight rating of ten
thousand pounds or more,
325
pounds or more or
oversize vehicles
ii. A total combination of motor truck, truck
tractor and/or trailers that exceeds sixty feet in
length.
2.
Areas outside those in A(1)
above
Vehicles may be placed, kept or parked these
areas, provided a minimum clearance of three feet
is maintained from any structure.
Table 19.124.030A - Regulations for Parking and Keeping Vehicles in Various Zones (Cont.)
3.
Parking within Structures
Vehicles are permitted to be placed, kept or
parked in any legal structure, provided that
A(4)(ii) is met.
4.
Non-Self-Propelled Vehicles
i. A maximum of two such vehicles are
permitted to be placed, kept or parked outside a
legal structure on a lot.
ii. A maximum of one such vehicle can
occupy a required parking space inside a legal
structure.
5. Enclosed Garage Size
i. i. Shall consist an internal area encompassing
two parking spaces measuring ten feet by twenty
feet each (a total of 20 feet by 20 feet) and
ii. Shall provide unobstructed (i.e., by walls,
appliances, etc.) between six inches from finished
floor up to six feet from finished floor.
6.
Legal Non-conforming
Single-Family Dwelling
Garages
i. May continue nonconformity provided
that the square footage necessary to
legalize the accommodate a conforming
garage based on this section of the
ordinance be reserved from the
allowable floor area ratio for a future
garage upgrade.
i.ii. A legal non-conforming parking facility
may be structurally altered, improved,
and/or enlarged in conformance with
other provisions of this code. No
reduction in size is permitted.
7.
Mobilehomes
Mobilehomes, excluding travel trailers, are not
permitted within the residential zones of the
City, except in a mobilehome park or as
provided by State law.
8. Living or Sleeping Quarters
No vehicle shall be used for living or sleeping
quarters, except as permitted below.
a.
Mobilehome park
Vehicles located in a mobilehome park and used
consistent with any City regulations applicable
to mobilehome parks are permitted.
Trailers, campers or recreational vehicles may be
used by a bona fide guest of a City resident for a
CL
A
R
I
F
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C
A
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326
b.
Trailers, Campers or
Recreational Vehicles
period not to exceed seventy-two hours where the
trailer, camper or recreational vehicle is located on
the resident's property.
[Sections 19.124.030(B) –19.124.040(R) – No Change]
Table 19.124.040(A)
Land Use
Zones
Parking
Ratio(2)
Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions
(3)
Residential
Single-Family
R-1/R
HS/
A1/P
4/DU (2
garage + 2
open)
10 x 20 ea.
Small Lot
Single-family,
Townhouse
P
2.8/DU (2
garage
+ 0.8 open)
10 x 20 ea.
Duplex
R2
3/DU (1 ½
enclosed
+ 1 ½
open)
10 x 20 ea.
High Density
Multiple-Family,
High Density
Multiple Story
Condominium
R3/P 2/DU (1 covered
+ 1 open)
+40% of
units 1
space per 2
residential
units; and
Class I1
9.5 x 20 ea.
1 space per
10
residential
units
Class II
Public/Quasi-Public/Agriculture
Churches, Clubs,
Lodges, Theaters
BQ/CG
1/4 seats
+1/employee
+1/special-
purpose
vehicle
2% of seats.
Minimum
two spaces
Class II
Uni-size
Schools and
School Offices
BA/BQ
1/employee +
1/56 sq. ft.
multipurpose
room + 8
visitor
spaces/school
+ 1/3 students
1 space per
5 students Class II
Uni-size
CO
N
S
I
S
T
E
N
C
Y
W
I
T
H
B
I
C
Y
C
L
E
MA
S
T
E
R
P
L
A
N
327
at senior H.S.
or college
level
Daycare Centers CG 1/6.5 students Uni-size
Martial Arts, CG
Dance/Art/Music
Studios, Tutorial
Services,
specialized
schools (does not
include adult
tutorial schools
or services)
CG
1/4 students
plus 1/1 staff
at any given
time or 1/250
whichever is
more
restrictive
1 space
per 5
students
+5% of
auto
parking
Class II
Uni-size
Agriculture A 2 garage + 2
open 10 x 20 ea.
Sanitariums and
Rest Homes
BQ
1/doctor
+1/3
employees
+ 1/6 beds
Uni-size
Table 19.124.040(A) (Cont.)
Land Use
Zones
Parking
Ratio(2)
Bicycle
Parking
Bicycle
Parking
Class(4)
Stall
Dimensions (3)
Private Recreation FP
1/4 seats +
1/employee
1/5,000 sq.ft.
Minimum
two spaces
Class II Uni-size
Gyms,
Auditoriums,
floor area used
Skating Rinks
for seating
without fixed
seats
BA/BQ
1/56 sq. ft.
purposes +
1/employee
1/5,000 sq.ft.
Minimum
two spaces
Class II
Uni-size
Commercial
Motels/Hotels/
Lodging CG
1/unit
1/employee (2)
(3)
5% of auto
parking
1/20,000 sq.ft.
Minimum
two spaces.
Class II Uni-size
Restaurant/Bar and
Nightclubs
CG
1/3 seats +
1/employee +
1/36 sq. ft. of
dance floor
1/2,000 sq.ft.
Minimum
two
spaces+5% of
auto parking
Class II
Uni-size
CO
N
S
I
S
T
E
N
C
Y
WI
T
H
B
I
C
Y
C
L
E
MA
S
T
E
R
P
L
A
N
CO
N
S
I
S
T
E
N
C
Y
W
I
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B
I
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C
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MA
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P
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A
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328
Restaurants without
Separate Bar
CG
1/4 seats +
1/employee +
1/36 sq. ft. of
dance floor
1/2,000 sq.ft.
Minimum
two
spaces+5% of
auto parking
Class II
Uni-size
Restaurant - Fast
Food
CG
1/3 seats +
1/employee
1/2,000 sq.ft.
Minimum
two
spaces+5% of
auto parking
Class II
Uni-size
Specialty Foods
CG
1/3 seats or
1/250 sq. ft.
whichever is
more
1/2,000 sq.ft.
Minimum
two
spaces+5% of
auto parking
Class II
Uni-size
Bowling Alleys
CG
7/lane +
1/employee
1/5,000 sq.ft.
Minimum
two
spaces+5% of
auto parking
Class II
Uni-size
General
CG
1/250 sq. ft.
+5% of auto
parking
1/ 1,250 sq.ft.
up to 25,000
sq.ft.
1/2,500 sq.ft.
between
25,000 –
50,000 sq.ft.
1/5,000 sq.ft.
over 50,000
sq.ft.
1/5,000 sq.ft.
Bulky
Merchandise
(5)
Class II
Uni-size
Industrial
Manufacturing
ML
1/450 sq. ft.
1/12,000 sq.ft.
Minimum
two
Class I
Uni-size
CO
N
S
I
S
T
E
N
C
Y
W
I
T
H
B
I
C
Y
C
L
E
MA
S
T
E
R
P
L
A
N
329
spaces+5% of
auto parking
Office/Prototype
Manufacturing
ML/OA
1/285 sq. ft.
1/1,250 sq.ft.
or 1/15
employees,
whichever is
more
restrictive.
+5% of auto
parking
Class I
Uni-size
Office
Corporate/
Administrative/
General
Multi-Tenant
CG/OP
1/285 sq. ft.
+5% of auto
parking1/1,25
0 sq.ft. or
1/15
employees,
whichever is
more
restrictive.
Class I
Uni-size
Medical and
Dental
Office
CG 1/175 sq. ft.
1/1,250 sq.ft. Class II
Uni-size
Notes:
1. Refer to Table 19.124.040(B) for uni-size stall dimensions.
2. Refer to standard details table for requirements for handicapped parking.
3. See 19.124.040(J) for stall dimensions in parking structures.
4. See 19.124.040(P) for description of bicycle parking classes.
5. Retail space devoted to the handling of bulky merchandise such as motor vehicles, machinery or
furniture, excluding grocery stores.
[Table 19.124.040(B) – Section 19.124.060 – No Change]
330
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1873 Name:
Status:Type:Second Reading of
Ordinances
Agenda Ready
File created:In control:7/26/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Second reading of Ordinance No. 16-2151 establishing a citywide minimum wage.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Ordinance
B - Redlined Draft Ordinance
Action ByDate Action ResultVer.
City Council10/4/20161
Subject: Second reading of Ordinance No. 16-2151 establishing a citywide minimum wage.
Conduct the second reading and enact Ordinance No. 16-2151: "An Ordinance of the City
Council of the City of Cupertino to add Chapter 3.37 (Minimum Wage Ordinance) to Title 3
(Revenue and Finance) of the Cupertino Municipal Code to establish a citywide minimum
wage"
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
powered by Legistar™331
1
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Second reading of Ordinance No. 16-2151 establishing a citywide minimum wage.
Recommended Action
Conduct the second reading of Ordinance No. 16-2151 an “Ordinance of the City of Cupertino to
add Chapter 3.37 (Minimum Wage Ordinance) to Title 3 (Revenue and Finance) of the Cupertino
Municipal Code to establish a citywide minimum wage.”
Discussion
On September, 20, 2016, the City Council introduced and conducted the first reading of Ordinance
No. 16-2151, which follows the Cities Association of Santa Clara County’s model minimum wage
ordinance. Council voted to approve the Draft Ordinance without substantive changes. The final
ordinance changes formatting and adds some standard language, no substantive changes have
been made. Attachment B has a redline version of the Ordinance.
Sustainability Impact
No impact.
Fiscal Impact
The following estimated increases are anticipated as a result of the new minimum wage
ordinance. Staff will bring budget adjustment requests separately to address these costs increases.
Estimated Increases FY 16-17 FY 17-18 FY 18-19 Total
Amended salary schedule PT employees $75,000 $95,000 $95,000 $265,000
Janitorial Services Contract $25,000 $25,000 $25,000 $75,000
Crossing Guard Contract (estimate) $200,000
Enforcement $5,000 $5,000 $5,000 $15,000
Prepared by: Jaqui Guzmán, Assistant to the City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Ordinance No. 2151
B – Redlined Draft Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO ADD
CHAPTER 3.37 (MINIMUM WAGE ORDINANCE) TO TITLE 3 (REVENUE AND
FINANCE) OF THE CUPERTINO MUNICIPAL CODE TO INCREASE THE CITY-WIDE
MINIMUM WAGE
WHEREAS, families and workers need to earn a living wage, and public policies which
help achieve that goal are beneficial; and
WHEREAS, payment of a minimum wage advances the interests of the City as a whole
by creating jobs that keep workers and their families out of poverty; and
WHEREAS, a minimum wage will enable a worker to meet basic needs and avoid
economic hardship; and
WHEREAS, this ordinance is intended to improve the quality of services provided in the
City to the public by reducing turnover, absenteeism, and instability in the workplace; and
WHEREAS, prompt and efficient enforcement of this Chapter will provide workers with
economic security and the assurance that their rights will be respected; and
WHEREAS, key findings of a regional minimum wage study and survey performed by the
Institute for Research on Labor and Employment at UC Berkeley and BW Research showed that
increasing the minimum wage to $15.00 an hour by 2019 in Santa Clara County would:
● Increase earnings for 250,000 workers
● Raise average annual earnings of affected workers by 19.4 percent, or $3,200.00
(in 2014 dollars)
● Slightly increase average prices in Santa Clara County by 0.2% over three years
● Have a net effect on employment that is slightly negative at the county level (1,450
jobs) and close to zero at a 10 county regional level;
WHEREAS, the Cities Association of Santa Clara County recommends a regional
minimum wage increase to $15.00 by 2019 as an effort to create an even playing field that
mitigates the impacts to local economies, provides equity to our shared economy, and
implements regional consistency across the county.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
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Section 1: Title 3 of the Cupertino Municipal Code is hereby amended by adding Chapter 3.37
(Minimum Wage) to be numbered, entitled and to read as follows:
3.37 Minimum Wage.
3.37.010 Title.
This chapter shall be known as the “Minimum Wage Ordinance.”
3.37.020 Authority.
This chapter is adopted pursuant to the powers vested in the City of Cupertino under the laws and
Constitution of the state of California, including, but not limited to, the police powers vested in
the City pursuant to Article XI, Section 7 of the California Constitution and Section 1205(b) of the
California Labor Code.
3.37.030 Definitions.
The following words and phrases, whenever used in the chapter, shall be construed as defined in
this section:
(a) “City” shall mean the City of Cupertino, California or any agency designated by the City
to administer the terms of this chapter.
(b) “Employee” shall mean any person who:
1. In a calendar week performs at least two (2) hours of work for an employer as defined
below; and
2. Qualifies as an employee entitled to payment of a minimum wage from any employer
under the California Minimum Wage Law, as provided under Sec. 1197 of the
California Labor Code and wage orders published by the California Industrial Welfare
Commission, or is a participant in a welfare-to-work Program.
(c) “Employer” shall mean any person, including corporate officers or executives, as defined
in Sec. 18 of the California Labor Code, who directly or indirectly through any other person,
including through the services of a temporary employment agency, staffing agency or similar
entity, employs or exercises control over the wages, hours or working conditions of any employee
and who is either subject to the City’s business license requirements or maintains a business facility
in the city.
(d) “Governmental agencies” shall include federal agencies, state agencies, school districts
and auxiliary organizations as defined under Education Code Sections 72670(c) and 89901.
“Governmental agency” does not include the City of Cupertino.
(e) “Minimum wage” shall have the meaning set forth in Section 3.37.040 of this chapter.
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(f) “Welfare-to-Work Program” shall mean the CalWORKS Program, County Adult
Assistance Program (CAAP) which includes the Personal Assisted Employment Services (PAES)
Program, and General Assistance Program, and any successor programs that are substantially
similar to them.
3.37.040 Minimum wage.
(a) Employers shall pay employees no less than the minimum wage set forth in this section
for each hour worked within the geographic boundaries of the City of Cupertino. Governmental
agencies are exempt from the minimum wage requirements under the principle of governmental
immunity when the work performed is related to the agency’s governmental function.
(b) Effective January 1, 2017, the Minimum Wage shall be an hourly rate of twelve dollars
($12.00). On January 1, 2018, the minimum wage shall be an hourly rate of thirteen dollars and
fifty cents ($13.50). On January 1, 2019, the minimum wage shall be an hourly rate of fifteen
dollars ($15.00), except when these scheduled increases are temporarily suspended under
subdivision (f). To prevent inflation from eroding its value, beginning on January 1, 2020, and
each January 1st thereafter, the Minimum Wage shall increase by an amount corresponding to the
increase, if any, in the cost of living, not to exceed 5%. The prior year's increase in the cost of
living shall be measured by the percentage increase, if any, as of August of the immediately
preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers,
San Francisco-Oakland-San Jose, CA for All Items) or its successor index as published by the U.S.
Department of Labor or its successor agency, with the amount of the Minimum Wage increase
rounded to the nearest multiple of five ($.05) cents. If there is no net increase in the cost of living,
the minimum wage shall remain unchanged for that year. The adjusted Minimum Wage shall be
announced by October 1st of each year, or as soon as practicable thereafter if the Consumer Price
Index for August has not yet been published, and shall become effective as the new Minimum
Wage on January 1st of the following year.
(c) Commissions or guaranteed gratuities, not including discretionary tips, may be counted
toward payment of the minimum wage when the commissions or guaranteed gratuities are earned
and paid together with other compensation paid to an employee and are equal to or greater than
the current minimum wage. For each pay period, employers shall pay the employee an amount that
equals or exceeds the current hourly minimum wage.
(d) The employer may offset a portion of the minimum wage for housing and meal costs only
if the offsets are the same as those available under the California Minimum Wage Law. The offsets
shall only be recognized if there is a prior voluntary agreement between the employer and the
employee.
(e) A violation for unlawfully failing to pay the minimum wage shall be deemed to continue
from the date immediately following the date that the wages were due and payable as provided in
Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date
immediately preceding the date the wages are paid in full.
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(f) On or before September 1, 2017, and on or before every September 1 thereafter until the
minimum wage is fifteen dollars ($15.00) per hour, to ensure that economic conditions can support
a minimum wage increase, the City Manager or designee shall annually make a determination and
certify to the City Council whether each condition below is met:
(A) Total nonfarm employment for California, seasonally adjusted, decreased over the
three-month period from April to June, inclusive, prior to the September 1 determination.
This calculation shall compare seasonally adjusted total nonfarm employment in June to
seasonally adjusted total nonfarm employment in March, as reported by the Employment
Development Department.
(B) Total nonfarm employment for California, seasonally adjusted, decreased over the
six-month period from January to June, inclusive, prior to the September 1 determination.
This calculation shall compare seasonally adjusted total nonfarm employment in June to
seasonally adjusted total nonfarm employment in December, as reported by the
Employment Development Department.
(C) California state retail sales and use tax cash receipts from a 3.9375-percent tax rate
for the July 1 to June 30, inclusive, period ending one month prior to the September 1
determination is less than retail sales and use tax cash receipts from a 3.9375-percent tax
rate for the July 1 to June 30, inclusive, period ending 14 months prior to the September 1
determination. The calculation for the condition specified in this subparagraph shall be
made by the City Manager or designee using data posted online by the State Board of
Equalization, following the procedure specified in paragraph (1) of subdivision (c) of
Section 1182.12 of the California Labor Code as follows:
(i) The State Board of Equalization shall publish by the 10th of each month on its
Internet Web site the total retail sales (sales before adjustments) for the prior
month derived from their daily retail sales and use tax reports.
(ii) The State Board of Equalization shall publish by the 10th of each month on its
Internet Web site the monthly factor required to convert the prior month’s retail
sales and use tax total from all tax rates to a retail sales and use tax total from a
3.9375-percent tax rate.
(iii) The Department of Finance shall multiply the monthly total from clause (i)
by the monthly factor from clause (ii) for each month.
(iv) The Department of Finance shall sum the monthly totals calculated in clause
(iii) to calculate the 12-month July 1 to June 30, inclusive, totals needed for the
comparison in this subparagraph.
(g) If, for any year, the condition in either subparagraph (A) or (B) of paragraph (f) is met, and if
the condition in subparagraph (C) of paragraph (f) is met, the City Council may, on or before
336
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October 1 of that year, make a determination to temporarily suspend the minimum wage increase
scheduled for the following year.
(h) If the City Council makes a determination to temporarily suspend the scheduled minimum
wage increases for the following year, all dates specified in paragraph (b) that are subsequent to
the October 1 determination date shall be postponed by an additional year.
3.37.050 Waiver through collective bargaining.
All or any portion of the applicable requirements of this Chapter shall not apply to Employees
covered by a bona fide collective bargaining agreement to the extent that such requirements are
expressly waived in the collective bargaining agreement in clear and unambiguous terms.
3.37.060 Notice, posting and payroll records.
(a) By November 1st or as soon as practicable thereafter of each year, the City shall publish and
make available to employers a bulletin announcing the adjusted minimum wage rate for the
upcoming year, which shall take effect on January 1st. In conjunction with this bulletin, the City
shall by November 1st, or as soon as practicable thereafter of each year, publish and make available
to employers, in the top three languages spoken in the city based on the latest available census
information for the city, a notice suitable for posting by employers in the workplace informing
employees of the current minimum wage rate and of their rights under this chapter.
(b) Every employer shall post in a conspicuous place at any workplace or job site where any
employee works the notice published each year by the City informing employees of the current
minimum wage rate and of their rights under this chapter. Every employer shall post such notices
in the top three languages spoken in the city based on the latest available census information for
the city at the workplace or job site. Every employer shall also provide each employee at the time
of hire with the employer’s name, address, and telephone number in writing.
(c) Employers shall retain payroll records pertaining to employees for a period of four years, and
shall allow the City access to such records, with appropriate notice and at a mutually agreeable
time, to monitor compliance with the requirements of this chapter. Where an employer does not
maintain or retain adequate records documenting wages paid or does not allow the City reasonable
access to such records, the employee’s account of how much he or she was paid shall be presumed
to be accurate, absent clear and convincing evidence otherwise.
3.37.070 Retaliation prohibited.
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(a) It is unlawful for an employer or any other party to discriminate in any manner or take
adverse action against any person in retaliation for exercising rights protected under this chapter.
Rights protected under this chapter include, but are not limited to: the right to file a complaint or
inform any person about any party’s alleged noncompliance with this chapter; and the right t o
inform any person of his or her potential rights under this chapter and to assist him or her in
asserting such rights. Protections of this chapter shall apply to any person who mistakenly, but in
good faith, alleges noncompliance with this chapter.
(b) Taking adverse action against a person within ninety (90) days of the person’s exercise of
rights protected under this chapter shall raise a rebuttable presumption of having done so in
retaliation for the exercise of such rights.
3.37.080 Implementation.
(a) Guidelines. The City shall be authorized to coordinate implementation and enforcement of
this chapter and may promulgate appropriate guidelines or rules for such purposes. Any guidelines
or rules promulgated by the City shall have the force and effect of law and may be relied on by
employers, employees and other parties to determine their rights and responsibilities under this
chapter. Any guidelines or rules may establish procedures for ensuring fair, efficient and cost
effective implementation of this chapter, including supplementary procedures for helping to
inform employees of their rights under this chapter, for monitoring employer compliance with this
chapter, and for providing administrative hearings to determine whether an employer or other
person has violated the requirements of this chapter.
(b) Reporting Violations. An employee or any other person may report to the City in writing
any suspected violation of this chapter. The City shall encourage reporting pursuant to this
subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name
and other identifying information of the employee or person reporting the violation. Provided,
however, that with the authorization of such person, the City may disclose his or her name and
identifying information as necessary to enforce this chapter or other employee protection laws. In
order to further encourage reporting by employees, if the City notifies an employer that the City is
investigating a complaint, the City shall require the employer to post or otherwise notify its
employees that the City is conducting an investigation, using a form provided by the City.
(c) Investigation. The City shall be responsible for investigating any possible violations of this
chapter by an employer or other person. The City shall have the authority to inspect workplaces,
interview persons and request the City Attorney to subpoena books, papers, records, or other items
relevant to the enforcement of this chapter.
(d) Informal Resolution. The City shall make every effort to resolve complaints informally, in
a timely manner, and shall take no more than one year to resolve any matter, before initiating an
enforcement action. The failure of the City to meet these timelines within one year shall not be
grounds for closure or dismissal of the complaint.
338
7
3.37.090 Enforcement.
(a) Where prompt compliance is not forthcoming, the City shall take any appropriate
enforcement action to secure compliance. All remedies in the Cupertino Municipal Code (“the
code”) are considered cumulative and the use of one or more remedies by the City shall not bar
the use of any other remedy for the purpose of enforcing these provisions.
(1) The City may issue an administrative citation pursuant to Chapter 3.37 of the code with a
fine of not more than fifty dollars ($50.00) for each day or portion thereof and for each employee
or person as to whom the violation occurred or continued. The City Council may modify the fine
amount by resolution.
(2) Alternatively, the City may initiate a proceeding under Chapter 3.37 of the code by issuing
a compliance order.
(3) The City may initiate a civil action for injunctive relief and damages and civil penalties in
a court of competent jurisdiction.
(b) Any person aggrieved by a violation of this chapter, any entity a member of which is
aggrieved by a violation of this chapter, or any other person or entity acting on behalf of the public
as provided for under applicable state law, may bring a civil action in a court of competent
jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall
be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable
relief as may be appropriate to remedy the violation, including, without limitation, the payment of
any back wages unlawfully withheld, the payment of an additional sum as a civil penalty in the
amount of fifty dollars ($50.00) to each employee or person whose rights under this chapter were
violated for each day that the violation occurred or continued, reinstatement in employment and/or
injunctive relief. Provided, however, that any person or entity enforcing this chapter on behalf o f
the public as provided for under applicable state law shall, upon prevailing, be entitled only to
equitable, injunctive or restitutionary relief to employees, and reasonable attorneys’ fees and costs.
(c) This section shall not be construed to limit an employee’s right to bring legal action for a
violation of any other laws concerning wages, hours, or other standards or rights nor shall
exhaustion of remedies under this chapter be a prerequisite to the assertion of any right.
(d) Except where prohibited by state or federal law, City agencies or departments may revoke
or suspend any registration certificates, permits or licenses held or requested by the employer until
such time as the violation is remedied.
(e) Relief. The remedies for a violation of this chapter include, but are not limited to:
(1) Reinstatement, the payment of back wages unlawfully withheld, and the payment of an
additional sum as a civil penalty in the amount of fifty dollars ($50.00) to each employee or person
339
8
whose rights under this chapter were violated for each day or portion thereof that the violation
occurred or continued, and fines imposed pursuant to other provisions of this code or state law.
(2) Interest on all due and unpaid wages at the rate of interest specified in subsection (b) of
Section 3289 of the California Civil Code, which shall accrue from the date that the wages were
due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the
California Labor Code, to the date the wages are paid in full.
(3) Reimbursement of the City’s administrative costs of enforcement and reasonable
attorney’s fees.
3.37.100 Relationship to other requirements.
This chapter provides for payment of a local minimum wage and shall not be construed to preempt
or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or
standard that provides for payment of higher or supplemental wages or benefits, or that extends
other protections.
3.37.110 Application of minimum wage to welfare-to-work programs.
The minimum wage established pursuant to Section 3.80.040(b) of this chapter shall apply to
the Welfare-to-Work Programs under which persons must perform work in exchange for receipt
of benefits. Participants in Welfare-to-Work Programs shall not, during a given benefits period, be
required to work more than a number of hours equal to the value of all cash benefits received
during that period, divided by the minimum wage.
3.37.120 Fees.
Nothing herein shall preclude the City Council from imposing a cost recovery fee on all
employers to pay the cost of administering this chapter.
Section 2: CEQA Exemption.
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section
15378(b)(2), that this ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) in that the adoption of an ordinance of general policy and procedure does not
constitute a project within the meaning of CEQA.
Section 3: Constitutionality; Severability.
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9
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be
invalid, such decision or decisions shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause -and phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of
its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this
Ordinance may be published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20 th
day of September, 2016, and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 4th day of October 2016, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
341
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO ADD
CHAPTER 3.37 (MINIMUM WAGE ORDINANCE) TO TITLE 3 (REVENUE AND
FINANCE) OF THE CUPERTINO MUNICIPAL CODE TO INCREASE THE CITY-WIDE
MINIMUM WAGE
WHEREAS, families and workers need to earn a living wage, and public policies which
help achieve that goal are beneficial; and
WHEREAS, payment of a minimum wage advances the interests of the City as a whole
by creating jobs that keep workers and their families out of poverty; and
WHEREAS, a minimum wage will enable a worker to meet basic needs and avoid
economic hardship; and
WHEREAS, this ordinance is intended to improve the quality of services provided in the
City to the public by reducing turnover, absenteeism, and instability in the workplace; and
WHEREAS, prompt and efficient enforcement of this Chapter will provide workers with
economic security and the assurance that their rights will be respected; and
WHEREAS, key findings of a regional minimum wage study and survey performed by the
Institute for Research on Labor and Employment at UC Berkeley and BW Research showed that
increasing the minimum wage to $15.00 an hour by 2019 in Santa Clara County would:
● Increase earnings for 250,000 workers
● Raise average annual earnings of affected workers by 19.4 percent, or $3,200.00
(in 2014 dollars)
● Slightly increase average prices in Santa Clara County by 0.2% over three years
● Have a net effect on employment that is slightly negative at the county level (1,450
jobs) and close to zero at a 10 county regional level;
WHEREAS, the Cities Association of Santa Clara County recommends a regional
minimum wage increase to $15.00 by 2019 as an effort to create an even playing field that
mitigates the impacts to local economies, provides equity to our shared economy, and
implements regional consistency across the county.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES
ORDAIN AS FOLLOWS:
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Section 1: Title 3 of the Cupertino Municipal Code is hereby amended by adding Chapter 3.37
(Minimum Wage) to be numbered, entitled and to read as follows:
3.37 Minimum Wage.
3.37.010 Title.
This chapter shall be known as the “Minimum Wage Ordinance.”
3.37.020 Authority.
This chapter is adopted pursuant to the powers vested in the City of Cupertino under the laws and
Constitution of the state of California, including, but not limited to, the police powers vested in
the City pursuant to Article XI, Section 7 of the California Constitution and Section 1205(b) of the
California Labor Code.
3.37.030 Definitions.
The following words and phrases, whenever used in the chapter, shall be construed as defined in
this section:
(a) “City” shall mean the City of Cupertino, California or any agency designated by the City
to administer the terms of this chapter.
(b) “Employee” shall mean any person who:
1. In a calendar week performs at least two (2) hours of work for an employer as defined
below; and
2. Qualifies as an employee entitled to payment of a minimum wage from any employer
under the California Minimum Wage Law, as provided under Sec. 1197 of the
California Labor Code and wage orders published by the California Industrial Welfare
Commission, or is a participant in a welfare-to-work Program.
(c) “Employer” shall mean any person, including corporate officers or executives, as defined
in Sec. 18 of the California Labor Code, who directly or indirectly through any other person,
including through the services of a temporary employment agency, staffing agency or similar
entity, employs or exercises control over the wages, hours or working conditions of any employee
and who is either subject to the City’s business license requirements or maintains a business facility
in the city.
(d) “Governmental agencies” shall include federal agencies, state agencies, school districts
and auxiliary organizations as defined under Education Code Sections 72670(c) and 89901.
“Governmental agency” does not include the City of Cupertino.
(e) “Minimum wage” shall have the meaning set forth in Section 3.37.040 of this chapter.
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3
(f) “Welfare-to-Work Program” shall mean the CalWORKS Program, County Adult
Assistance Program (CAAP) which includes the Personal Assisted Employment Services (PAES)
Program, and General Assistance Program, and any successor programs that are substantially
similar to them.
3.37.040 Minimum wage.
(a) Employers shall pay employees no less than the minimum wage set forth in this section
for each hour worked within the geographic boundaries of the City of Cupertino. Governmental
agencies are exempt from the minimum wage requirements under the principle of governmental
immunity when the work performed is related to the agency’s governmental function.
(b) Effective January 1, 2017, the Minimum Wage shall be an hourly rate of twelve dollars
($12.00). On January 1, 2018, the minimum wage shall be an hourly rate of thirteen dollars and
fifty cents ($13.50). On January 1, 2019, the minimum wage shall be an hourly rate of fifteen
dollars ($15.00), except when these scheduled increases are temporarily suspended under
subdivision (f). To prevent inflation from eroding its value, beginning on January 1, 2020, and
each January 1st thereafter, the Minimum Wage shall increase by an amount corresponding to the
increase, if any, in the cost of living, not to exceed 5%. The prior year's increase in the cost of
living shall be measured by the percentage increase, if any, as of August of the immediately
preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers,
San Francisco-Oakland-San Jose, CA for All Items) or its successor index as published by the U.S.
Department of Labor or its successor agency, with the amount of the Minimum Wage increase
rounded to the nearest multiple of five ($.05) cents. If there is no net increase in the cost of living,
the minimum wage shall remain unchanged for that year. The adjusted Minimum Wage shall be
announced by October 1st of each year, or as soon as practicable thereafter if the Consumer Price
Index for August has not yet been published, and shall become effective as the new Minimum
Wage on January 1st of the following year.
(c) Commissions or guaranteed gratuities, not including discretionary tips, may be counted
toward payment of the minimum wage when the commissions or guaranteed gratuities are earned
and paid together with other compensation paid to an employee and are equal to or greater than
the current minimum wage. For each pay period, employers shall pay the employee an amount that
equals or exceeds the current hourly minimum wage.
(d) The employer may offset a portion of the minimum wage for housing and meal costs only
if the offsets are the same as those available under the California Minimum Wage Law. The offsets
shall only be recognized if there is a prior voluntary agreement between the employer and the
employee.
(e) A violation for unlawfully failing to pay the minimum wage shall be deemed to continue
from the date immediately following the date that the wages were due and payable as provided in
Part 1 (commencing with Section 200) of Division 2 of the California Labor Code, to the date
immediately preceding the date the wages are paid in full.
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(f) On or before September 1, 2017, and on or before every September 1 thereafter until the
minimum wage is fifteen dollars ($15.00) per hour, to ensure that economic conditions can support
a minimum wage increase, the City Manager or designee shall annually make a determination and
certify to the City Council whether each condition below is met:
(A) Total nonfarm employment for California, seasonally adjusted, decreased over the
three-month period from April to June, inclusive, prior to the September 1 determination.
This calculation shall compare seasonally adjusted total nonfarm employment in June to
seasonally adjusted total nonfarm employment in March, as reported by the Employment
Development Department.
(B) Total nonfarm employment for California, seasonally adjusted, decreased over the
six-month period from January to June, inclusive, prior to the September 1 determination.
This calculation shall compare seasonally adjusted total nonfarm employment in June to
seasonally adjusted total nonfarm employment in December, as reported by the
Employment Development Department.
(C) California state retail sales and use tax cash receipts from a 3.9375-percent tax rate
for the July 1 to June 30, inclusive, period ending one month prior to the September 1
determination is less than retail sales and use tax cash receipts from a 3.9375-percent tax
rate for the July 1 to June 30, inclusive, period ending 14 months prior to the September 1
determination. The calculation for the condition specified in this subparagraph shall be
made by the City Manager or designee using data posted online by the State Board of
Equalization, following the procedure specified in paragraph (1) of subdivision (c) of
Section 1182.12 of the California Labor Code as follows:
(i) The State Board of Equalization shall publish by the 10th of each month on its
Internet Web site the total retail sales (sales before adjustments) for the prior
month derived from their daily retail sales and use tax reports.
(ii) The State Board of Equalization shall publish by the 10th of each month on its
Internet Web site the monthly factor required to convert the prior month’s retail
sales and use tax total from all tax rates to a retail sales and use tax total from a
3.9375-percent tax rate.
(iii) The Department of Finance shall multiply the monthly total from clause (i)
by the monthly factor from clause (ii) for each month.
(iv) The Department of Finance shall sum the monthly totals calculated in clause
(iii) to calculate the 12-month July 1 to June 30, inclusive, totals needed for the
comparison in this subparagraph.
(g) If, for any year, the condition in either subparagraph (A) or (B) of paragraph (f) is met, and if
the condition in subparagraph (C) of paragraph (f) is met, the City Council may, on or before
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October 1 of that year, make a determination to temporarily suspend the minimum wage increase
scheduled for the following year.
(h) If the City Council makes a determination to temporarily suspend the scheduled minimum
wage increases for the following year, all dates specified in paragraph (b) that are subsequent to
the October 1 determination date shall be postponed by an additional year.
3.37.050 Waiver through collective bargaining.
All or any portion of the applicable requirements of this Chapter shall not apply to Employees
covered by a bona fide collective bargaining agreement to the extent that such requirements are
expressly waived in the collective bargaining agreement in clear and unambiguous terms.
3.37.060 Notice, posting and payroll records.
(a) By November 1st or as soon as practicable thereafter of each year, the City shall publish and
make available to employers a bulletin announcing the adjusted minimum wage rate for the
upcoming year, which shall take effect on January 1st. In conjunction with this bulletin, the City
shall by November 1st, or as soon as practicable thereafter of each year, publish and make available
to employers, in the top three languages spoken in the city based on the latest available census
information for the city, a notice suitable for posting by employers in the workplace informing
employees of the current minimum wage rate and of their rights under this chapter.
(b) Every employer shall post in a conspicuous place at any workplace or job site where any
employee works the notice published each year by the City informing employees of the current
minimum wage rate and of their rights under this chapter. Every employer shall post such notices
in the top three languages spoken in the city based on the latest available census information for
the city at the workplace or job site. Every employer shall also provide each employee at the time
of hire with the employer’s name, address, and telephone number in writing.
(c) Employers shall retain payroll records pertaining to employees for a period of four years, and
shall allow the City access to such records, with appropriate notice and at a mutually agreeable
time, to monitor compliance with the requirements of this chapter. Where an employer does not
maintain or retain adequate records documenting wages paid or does not allow the City reasonable
access to such records, the employee’s account of how much he or she was paid shall be presumed
to be accurate, absent clear and convincing evidence otherwise.
3.37.070 Retaliation prohibited.
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(a) It is unlawful for an employer or any other party to discriminate in any manner or take
adverse action against any person in retaliation for exercising rights protected under this chapter.
Rights protected under this chapter include, but are not limited to: the right to file a complaint or
inform any person about any party’s alleged noncompliance with this chapter; and the right to
inform any person of his or her potential rights under this chapter and to assist him or her in
asserting such rights. Protections of this chapter shall apply to any person who mistakenly, but in
good faith, alleges noncompliance with this chapter.
(b) Taking adverse action against a person within ninety (90) days of the person’s exercise of
rights protected under this chapter shall raise a rebuttable presumption of having done so in
retaliation for the exercise of such rights.
3.37.080 Implementation.
(a) Guidelines. The City shall be authorized to coordinate implementation and enforcement of
this chapter and may promulgate appropriate guidelines or rules for such purposes. Any guidelines
or rules promulgated by the City shall have the force and effect of law and may be relied on by
employers, employees and other parties to determine their rights and responsibilities under this
chapter. Any guidelines or rules may establish procedures for ensuring fair, efficient and cost
effective implementation of this chapter, including supplementary procedures for helping to
inform employees of their rights under this chapter, for monitoring employer compliance with this
chapter, and for providing administrative hearings to determine whether an employer or other
person has violated the requirements of this chapter.
(b) Reporting Violations. An employee or any other person may report to the City in writing
any suspected violation of this chapter. The City shall encourage reporting pursuant to this
subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name
and other identifying information of the employee or person reporting the violation. Provided,
however, that with the authorization of such person, the City may disclose his or her name and
identifying information as necessary to enforce this chapter or other employee protection laws. In
order to further encourage reporting by employees, if the City notifies an employer that the City is
investigating a complaint, the City shall require the employer to post or otherwise notify its
employees that the City is conducting an investigation, using a form provided by the City.
(c) Investigation. The City shall be responsible for investigating any possible violations of this
chapter by an employer or other person. The City shall have the authority to inspect workplaces,
interview persons and request the City Attorney to subpoena books, papers, records, or other items
relevant to the enforcement of this chapter.
(d) Informal Resolution. The City shall make every effort to resolve complaints informally, in
a timely manner, and shall take no more than one year to resolve any matter, before initiating an
enforcement action. The failure of the City to meet these timelines within one year shall not be
grounds for closure or dismissal of the complaint.
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3.37.090 Enforcement.
(a) Where prompt compliance is not forthcoming, the City shall take any appropriate
enforcement action to secure compliance. All remedies in the Cupertino Municipal Code (“the
code”) are considered cumulative and the use of one or more remedies by the City shall not bar
the use of any other remedy for the purpose of enforcing these provisions.
(1) The City may issue an administrative citation pursuant to Chapter 3.37 of the code with a
fine of not more than fifty dollars ($50.00) for each day or portion thereof and for each employee
or person as to whom the violation occurred or continued. The City Council may modify the fine
amount by resolution.
(2) Alternatively, the City may initiate a proceeding under Chapter 3.37 of the code by issuing
a compliance order.
(3) The City may initiate a civil action for injunctive relief and damages and civil penalties in
a court of competent jurisdiction.
(b) Any person aggrieved by a violation of this chapter, any entity a member of which is
aggrieved by a violation of this chapter, or any other person or entity acting on behalf of the public
as provided for under applicable state law, may bring a civil action in a court of competent
jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall
be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable
relief as may be appropriate to remedy the violation, including, without limitation, the payment of
any back wages unlawfully withheld, the payment of an additional sum as a civil penalty in the
amount of fifty dollars ($50.00) to each employee or person whose rights under this chapter were
violated for each day that the violation occurred or continued, reinstatement in employment and/or
injunctive relief. Provided, however, that any person or entity enforcing this chapter on behalf of
the public as provided for under applicable state law shall, upon prevailing, be entitled only to
equitable, injunctive or restitutionary relief to employees, and reasonable attorneys’ fees and costs.
(c) This section shall not be construed to limit an employee’s right to bring legal action for a
violation of any other laws concerning wages, hours, or other standards or rights nor shall
exhaustion of remedies under this chapter be a prerequisite to the assertion of any right.
(d) Except where prohibited by state or federal law, City agencies or departments may revoke
or suspend any registration certificates, permits or licenses held or requested by the employer until
such time as the violation is remedied.
(e) Relief. The remedies for a violation of this chapter include, but are not limited to:
(1) Reinstatement, the payment of back wages unlawfully withheld, and the payment of an
additional sum as a civil penalty in the amount of fifty dollars ($50.00) to each employee or person
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whose rights under this chapter were violated for each day or portion thereof that the violation
occurred or continued, and fines imposed pursuant to other provisions of this code or state law.
(2) Interest on all due and unpaid wages at the rate of interest specified in subsection (b) of
Section 3289 of the California Civil Code, which shall accrue from the date that the wages were
due and payable as provided in Part 1 (commencing with Section 200) of Division 2 of the
California Labor Code, to the date the wages are paid in full.
(3) Reimbursement of the City’s administrative costs of enforcement and reasonable
attorney’s fees.
3.37.100 Relationship to other requirements.
This chapter provides for payment of a local minimum wage and shall not be construed to preempt
or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or
standard that provides for payment of higher or supplemental wages or benefits, or that extends
other protections.
3.37.110 Application of minimum wage to welfare-to-work programs.
The minimum wage established pursuant to Section 3.80.040(b) of this chapter shall apply to
the Welfare-to-Work Programs under which persons must perform work in exchange for receipt
of benefits. Participants in Welfare-to-Work Programs shall not, during a given benefits period, be
required to work more than a number of hours equal to the value of all cash benefits received
during that period, divided by the minimum wage.
3.37.120 Fees.
Nothing herein shall preclude the City Council from imposing a cost recovery fee on all
employers to pay the cost of administering this chapter.
Section 2: 3.37.130 CEQA Exemption.
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section
15378(b)(2), that this ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) in that the adoption of an ordinance of general policy and procedure does not
constitute a project within the meaning of CEQA.
Section 3: 3.37.140 Constitutionality; Severability.
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If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be
invalid, such decision or decisions shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each
section, subsection, sentence, clause -and phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4: Certification.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of
its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this
Ordinance may be published and posted in lieu of publication and posting of the entire text.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the 20th
day of September, 2016, and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 4th day of October 2016, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
______________________ ______________________
Grace Schmidt, City Clerk Rod Sinks, Mayor, City of Cupertino
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2011 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:9/27/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Appeal of Kimberly Sandstrom Appeal Regarding Eligibility to Purchase Below Market Rate
(BMR) Unit (Continued from September 6)
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A- Summary of Conflict of Interest Investigation
B- Draft Resolution
C- Housing Commission Resolution 16-06
D- Excerpts from BMR Manual Regarding Income Calculation
E- Referenced Regluations (24 CFR 5.609(b) and (c)
F- Technical Guide for Determining Income
G- Attachments and Other Documents Provided by Appellant
H - Sandstrom presentation
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:AppealofKimberlySandstromAppealRegardingEligibilitytoPurchaseBelow
Market Rate (BMR) Unit (Continued from September 6)
ApproveResolutionNo.16-101regardingtheappealofMs.KimberlySandstromand
affirmingtherecommendationoftheHousingCommissionregardingtheeligibilityofMs.
Sandstrom to purchase a BMR unit
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
powered by Legistar™351
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CITY COUNCIL STAFF REPORT
Meeting: September 20, 2016
Subject
Appeal of Ms. Kimberly Sandstrom Regarding Eligibility to Purchase a Below Market Rate
(BMR) Unit
Recommended Action
Approve the draft resolution regarding the appeal of Ms. Kimberly Sandstrom and
affirming the recommendation of the Housing Commission regarding the eligibility of Ms.
Sandstrom to purchase a BMR unit.
Introduction
Under Chapter 19.172 of the Cupertino Municipal Code, the City administers a Below
Market Rate Housing Program (the "BMR Program") to provide housing affordable to a
broad range of households with varying income levels within the City. The City
administers the BMR Program using the guidelines included in the Policy and Procedures
Manual for Administering Deed Restricted Affordable Housing Units (the "BMR Manual"),
which was approved by the City Council. The City contracts with West Valley Community
Services ("WVCS") to manage the BMR Program, including the determination of eligibility
of potential homebuyers.
Kimberly Sandstrom has appealed the finding by WVCS that she did not qualify to
purchase a moderate income level BMR unit in the City because her annual gross income
exceeded the maximum allowable income for a two-person household at a moderate
income level in Santa Clara County. On August 11, 2016 the Housing Commission
recommended to the City Council that it find that Ms. Sandstrom was ineligible to
purchase a BMR home because, based on her application, her income exceeded the
established income limit. (See Exhibit C.)
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Background
In January 2016 a BMR unit became available for sale. Ms. Sandstrom was highest on the
waiting list established by WVCS for purchase of the unit, with the appropriate household
size and income. However, when her income documentation was reviewed by WVCS, her
income was found to exceed the established income limit.
She completed three levels of WVCS' internal grievance process, each of which affirmed the
initial finding that her income exceeded the established income limit. In addition, while the
WVCS grievance process was under way, she attended a City Council meeting and three
City Housing Commission meetings under open time, during which she objected to the
finding of her ineligibility to purchase the BMR Unit, and she submitted a packet to the
City Council on March 15 containing materials regarding the determination of her income.
Following that appearance, the City requested outside counsel to review the income
determination. They concluded that her income exceeded the established income limit to
qualify for a BMR unit.
The WVCS grievance procedures at the time normally would have a fourth level of review,
to the WVCS Board of Directors. Ms. Sandstrom provided the City with a copy of that
appeal, which revealed that the BMR unit at issue had been sold to a WVCS employee. In
light of the potential conflict of interest, the City requested that WVCS recuse itself such
that the next level of appeal would be before the Housing Commission, which was
intended to be the next stage of the appeal process in any case. WVCS agreed to recuse
itself, and Ms. Sandstrom was informed that her appeal would move forward in front of
the Housing Commission, which would make a recommendation to the City Council for a
final decision.
On June 23, 2016, the Housing Commission heard Ms. Sandstrom's appeal. The Housing
Commission continued its decision on the appeal until the August 11th meeting to allow
for more time to properly respond to her questions and to research how other local
jurisdictions calculate income.
On August 11, 2016, the Housing Commission heard the continuation of Ms. Sandstrom's
appeal. After considering all evidence presented, the Housing Commission approved
Resolution 16-06 by a 3-1 vote to recommend to the City Council that the City Council
affirm the determination that Kimberly Sandstrom was ineligible to purchase the BMR
home because her income exceeded the established income limit. The Commission also
recommended that she be allowed to retain her current position on the BMR waiting list
administered by WVCS. PowerPoints and other documentation provided by Ms.
Sandstrom are attached as Exhibit G.
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The City Council’s decision is the final level of review, subject to reconsideration.
Calculation of Maximum Income
The procedures governing the City's administration of the BMR Program are contained in
Section 2.4 of the BMR Manual, based on the United States Department of Housing and
Urban Development ("HUD") regulations contained in 24 CFR 5.609(b), delineates the
process used to determine an applicant's annual gross income. In addition to "salary and
other wages", annual gross income includes "bonuses and other compensation", in
accordance with 24 CFR 5.609(b). Section 2.4 of the BMR Manual is attached as Exhibit D.
The BMR Program uses income limits published by the California Department of Housing
and Community Development. For a two-person household at a moderate income level in
Santa Clara County, the income limit was $102,050 at the time she applied. (Income limits
were updated by the California Department of Housing and Community Development in
May 2016. The current limit is $102,800.) Ms. Sandstrom applied for the BMR unit as a two-
person household. Therefore, for Ms. Sandstrom to have been eligible to purchase the BMR
unit, her income could not exceed $102,050.
Section 2.4.1 of the BMR Manual states that, to verify the applicant's sources of income, the
City may request signed copies of federal tax returns for the most recent three years, W2
forms for most recent two years, and/or copies of the last three consecutive payroll stubs or
other verification of employment. In Ms. Sandstrom's case, WVCS used her last three
consecutive payroll stubs, which listed regular and bonus income, to determine her income
eligibility. However, the bonus income at issue and discussed below would also have been
shown on her W2 form and 2015 tax return, which may not have been available when she
applied in January 2016.
Calculation of Income
The three payroll stubs provided by Ms. Sandstrom display gross wages in the amount of
$3,692.80 paid biweekly. Therefore, to determine her gross annual wages, $3,692.80 is
multiplied by 26 pay periods for a total of $96,012.80 per year. Since bonuses are also
included in the calculation, as provided in the BMR Manual and the regulations adopted
by HUD and contained in 24 CFR 5.609(b), the 2015 bonus pay would be added in the total
amount of $7,635.34, which consisted of various types of bonuses. The total of Ms.
Sandstrom's annual gross wages plus the total bonuses received was $103,648.14, which
exceeded the January 2016 income limit of $102,050 for a two-person household at a
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moderate income level in Santa Clara County. Therefore, Ms. Sandstrom's annual gross
income was over the maximum permitted to be entitled to purchase the BMR Unit.
To summarize:
Gross income: $3,692.80 x 26 (pay periods) = $ 96,012.80
Bonus (per 24 CFR 5.609(b): 7,635.34
Total: $103,648.14
INCOME LIMIT: $102,050.00
The crux of Ms. Sandstrom's argument regarding her income eligibility is that the
determination should be forward-looking under 24 CFR 5.609(a)(2), which states that
annual income includes all amounts which "[a]re anticipated to be received from a source
outside the family during the 12-month period following admission or annual
reexamination effective date." The City’s BMR Manual at the time of her application
excluded subsection (a) from its definition of annual income; it only referenced subsections
(b) and (c). The Manual explicitly states that income is determined through past evidence of
income (i.e. tax returns, W2 forms, and paystubs) and, as provided by 24 CFR 5.609(b),
bonuses received during the years covered by those documents are part of the income
calculation.
However, using subsection (a) of this statute does not change the calculation. The income
calculation is forward-looking, whether using subsection (a) or only subsections (b) and (c),
in that the calculation uses past income data to project future income. This form of
forward-looking projection using documentation of past income is uniformly used in both
federal and local housing programs, as discussed below. In general, this use of past income
is not adjusted unless there is firm documentation available to reflect changes in future
income, such as a major life change since the last year (e.g., job loss, demotion, or
promotion, retirement, or disability).
The issue in this appeal is solely the extent to which past bonuses should be used to
calculate current income. Ms. Sandstrom has provided evidence of a lower mid-year bonus
in 2016 than she received in 2015 and evidence of her company's declining stock prices to
show that her total bonuses will substantially decline this year.
However, stock prices can fluctuate greatly in any given year, and performance during the
preceding few months is not an indication of future stock performance. In addition, the
stock price for her company was higher at the beginning of 2016 than it was at the
beginning of 2013 when she received $8,000 in performance bonuses. As shown in her
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presentations given at the June 23rd and August 11th Housing Commission meetings, Ms.
Sandstrom's total bonuses have fluctuated over the past three years, but actually increased
in 2015. Her bonuses in 2013 totaled $8,100; in 2014 totaled $6,150; and in 2015 totaled
$7,635.34. The average of the past three years' bonuses is $7,295. Given bonus fluctuations
in past years, it would be speculative to estimate the totality of potential yearly bonuses
based on one mid-year bonus and her company's limited financial information available for
the year at the time she made her application in January. Using the average bonus from the
last 3 years, her income would still exceed the BMR limit. $7,295 (the average bonus) plus
$96,012.80 (her base salary) equals $103,307.80, which exceeds the then income limit of
$102,050 for a two-person household at a moderate income level in Santa Clara County.
Income Calculations Used in Other Jurisdictions
The income calculations used by the City are consistent with those used in other local
jurisdictions. To research income calculations used in other jurisdictions, the City reviewed
the BMR programs in other jurisdictions and those administered by BMR program
consultants, including the City of Sunnyvale, Alameda County, the City of Emeryville, Palo
Alto Housing Corporation, and Housing Trust Silicon Valley. Ms. Sandstrom had asked the
City to consider using the City of Sunnyvale’s policies.
Sunnyvale's standards for calculating income are essentially the same as Cupertino's.
Sunnyvale follows the Technical Guide for Determining Income and Allowances for the
HOME Program (a guide published by HUD) (the "HOME Guide") and 24 CFR 5.609
(referred to as the "Part 5" method), the same statute used by the City for its income
calculations, to determine gross household income of their applicants. Under Part 5 and the
HOME Guide, bonuses are explicitly included as income. The HOME Guide explains in its
section entitled "Anticipating Income" that to calculate an applicant's income, the public
agency "must project a household's income in the future. To do so, a 'snapshot' of the
household's current circumstances is used to project future income. In general, a [public
agency] should assume that today's circumstances will continue for the next 12 months,
unless there is verifiable evidence to the contrary." This is entirely consistent with the City's
method of calculating income. The City uses an applicant household's current earnings
from the past year to project the household's future income. Further, the HOME Guide
goes on to specify that "[t]his method should be used even when it is not clear that the type
of income received currently will continue in the coming year." For Section 24 CFR 5.609
and the entire excerpt from the HOME Guide, please see Exhibits E and F to this staff
report.
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Other jurisdictions, including those that use Neighborhood Stabilization Program
homebuyer funds, also use the HOME Guide to calculate applicant incomes for their
programs.
The Housing Commission made a recommendation at the August 11th meeting that the
City adopt the use of the HOME Guide for its BMR Manual and, for further clarity and
conformity with other jurisdictions, incorporate the entire 24 CFR 5.609 provisions in the
Manual, including subpart(a). Though it does not change the method of income calculation,
adoption of the HOME Guide would provide further clarity for applicants and WVCS and
provides helpful examples of income calculations. It is important that WVCS and the City
have clear guidance as to how to calculate income. Given the critical housing shortage in
Cupertino, and varying incomes in the "gig economy", it can be expected that the issue of
projecting income forward will arise repeatedly. The HOME Guide provides the best
guidance available.
The Council agenda item regarding BMR Manual revisions incorporates these changes.
Conflict of Interest Issues and Investigation
As described earlier in this report, after Ms. Sandstrom was found to be over income, the
BMR unit was sold to a WVCS employee. Ms. Sandstrom alleged that this sale violated
State conflict of interest laws (Section 1090 and the Political Reform Act) and has asked that
the sale be reversed.
Regardless of Ms. Sandstrom’s income calculation, it is important that the City’s BMR
program be fairly administered. As a result, the City contracted with outside counsel to
conduct a formal conflict of interest investigation. A summary of that investigation is
attached as Exhibit A. The investigation has concluded that there is no evidence that a
preference was given to the WVCS employee, who was the next qualified applicant on the
waiting list with the appropriate household size and income and whose income was
calculated consistent with the BMR Manual. The investigation also concluded that there
was no violation of State conflict of interest laws.
Nonetheless, the City was concerned about the appearance of a conflict when WVCS
reviews the application of its own employee. Consequently, on August 2, 2016 the City
Council approved changes to the BMR Manual that require that if any employee of any
consultant involved with City housing programs is on the waiting list, all review and
evaluation of the employee’s application must be perfo rmed by the City. Additionally, the
City was concerned that the former lengthy appeal process could not be completed before
the BMR unit needed to be sold. In the future, any appeal will be heard first by the
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Executive Director of WVCS, or by the Director of Community Development if a WVCS
employee is involved, with a final second level appeal decided by the City Council. The
BMR unit will not be sold before the appeal is completed.
Conclusions and Recommendation
Staff recognizes how close Ms. Sandstrom was to income qualifying for a BMR unit and
that she might well qualify at a future time. In addition, her appeal could not be completed
prior to the sale of the BMR unit. In recognition of these factors, the Housing Commission
recommended that Ms. Sandstrom maintain her current priority for a two-bedroom unit on
the BMR Program waiting list when new and continuing waiting list applications are
accepted in October.
Sustainability Impact
None.
Fiscal Impact
None.
Prepared by: Benjamin Fu, Assistant Director of Community Development
Aarti Shrivastava, Assistant City Manager/Director of Community Development
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Summary of Conflict of Interest Investigation
B. City Council Resolution No. 16-07
C. Housing Commission Resolution No. 16-06, a Resolution of the Housing Commission
of the City of Cupertino Regarding the Appeal of Ms. Kimberly Sandstrom
D. BMR Administrative Manual (excerpts regarding income calculation)
E. Referenced Regulations (24 CFR 5.609)
F. Technical Guide for Determining Income and Allowances for the HOME Program
(excerpts regarding income calculations)
G. Letters of Appeal and Decisions and Other Documentation Provided by Kimberly
Sandstrom
H. Sandstrom presentation
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394\17\1957448.3
Exhibit A
Summary of Investigation Regarding Conflict of Interest Allegations
Prepared by Celia W. Lee, Goldfarb & Lipman LLP
Background of Investigation
The City of Cupertino engaged the law firm of Goldfarb & Lipman LLP to investigate
whether there were any violations of conflict-of-interest laws in the sale of the two-person
household, moderate-income Below Market Rate unit at 20500 Town Center Lane, Unit
262 ("BMR Unit") to Michelle Ma (referred to at times as "Purchaser Ma"), who was an
employee of West Valley Community Services ("WVCS") at the time of the sale. WVCS,
a non-profit organization of approximately 18 employees, administers the BMR Program
for the City of Cupertino in addition to providing other social services in the community.
This summary provides an overview of Goldfarb & Lipman LLP's findings and
conclusions from the investigation.
The investigation involved interviews of witnesses, observation of the office
surroundings at WVCS, and review of a substantial number of documents obtained from
various sources, including WVCS, the City, and applicant Kimberly Sandstrom
("Sandstrom"). Documents reviewed include WVCS files pertaining to the formation of
the 2015-2016 BMR waiting list via random lottery pursuant to the BMR Manual, records
of contacts with potential applicants, and application files for Purchaser Ma and
Sandstrom, including income eligibility documentation. The investigation also involved
review and analysis of the law pertaining to Government Code section 1090, which
prohibits public officials and employees from being financially interested in "any contract
made by them in their official capacity or by any body or board of which they are
members," and the Political Reform Act, which disqualifies public officials from
participating in government decisions in which they have a financial interest.
Findings
The investigation revealed that the methodology employed by WVCS and its Housing
Program Manager, Christine Nguyen, to create the annual waiting list for BMR
ownership units comported with the procedures set forth in the BMR Manual. As part
of our investigation, we reviewed the step-by-step process employed by WVCS, as set
forth in Sections 2.3 and 2.3.1 of the BMR Manual. The 2015-2016 waiting list of 49 people,
comprised of applicants of varying household sizes and income levels, was created by a
random lottery. Sandstrom, Purchaser Ma, and other persons who had submitted an
Eligibility Form in October 2015 and were deemed eligible to be on the waiting list based
359
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on stated income were assigned priority points according to whether they lived or
worked in Cupertino. Within each priority grouping, eligible applicants received a place
on the waiting list by random drawing. Sandstrom, who had three priority points, was
number 12 on the waiting list. Purchaser Ma had two priority points and was number 23
on the waiting list. While Ma was eleven places down from Sandstrom on the waiting
list, Ma was the next person in line after Sandstrom who applied as a household of two
persons at a moderate income level. Everyone else between Sandstrom and Ma on the
waiting list either was not a household of two persons and/or was not at a moderate
income level.
The BMR Unit's owner/seller notified the City and WVCS on January 20, 2016 that she
wished to sell the unit, and that she needed to close by March 4, 2016 as a new home
purchase out of state was contingent on the sale of the BMR Unit. However, due to her
obligation to remedy some building code violations for work she had illegally performed
on the unit, it was not available for sale until February 9. Starting on January 20, Nguyen
contacted potential applicants for the BMR Unit. As of the time that the unit became
available, Sandstrom was the primary applicant, as she was the person highest on the
waiting list with a household of two persons at a moderate income level. Purchaser Ma
was the first backup applicant, and another individual was the second backup.
Sandstrom (with a family member as the second household member) completed an
application for the unit, but upon review and evaluation of her income documentation,
WVCS determined that her income exceeded the maximum for that BMR Unit. Thus, she
was deemed ineligible to purchase the BMR Unit. Purchaser Ma, as the first backup from
the waiting list, also completed an application for the unit, with her adult family member
as the second household member. WVCS reviewed Ma and her adult family member's
income documentation and concluded their household income fell within the
appropriate limit. WVCS approved their purchase of the BMR Unit, and the sale closed
on March 29, 2016.
After the City received documentation during Sandstrom's appeal process alleging
conflict of interest violations, Goldfarb & Lipman LLP independently reviewed all
income eligibility documentation and calculations for both Sandstrom and Purchaser Ma,
and concluded that (1) Sandstrom's income exceeded the limits and (2) Ma and her adult
family member's income was within the income limits, and they qualified for the unit.
Purchaser Ma first started working for WVCS in 2008 as a Family Support Specialist, a
professional social work position. As she progressed in seniority, she came to supervise
other, more junior individuals who performed various social work duties at WVCS. From
July 2015-onward, Ma's position at WVCS was Director of Client Services. She did not
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head any departments within WVCS. All WVCS witnesses confirmed Ma did not have
any involvement in the BMR Program as part of her job duties, and there is no evidence
that she had any involvement, knowledge, or influence regarding the BMR Program. Ma
left WVCS for other social work employment at the end of April 2016.
WVCS had its own conflict of interest policy regarding the BMR Program in effect since
July 2011. The policy prohibited upper management (Executive Director and Department
Directors) and any staff who participated in administering the BMR Program (i.e.,
Christine Nguyen and any staff she supervised) from applying. The policy also dictated
that there would be no special consideration for any staff member who applied, and a
staff member applicant would be subject to the same BMR requirements set forth by the
City and WVCS as any other applicant.
A violation of Government Code section 1090 exists if the pertinent individual
participated in the making of a contract in their official capacity and also had a financial
interest in the contract. Independent contractors or consultants to public entities (such as
WVCS) are subject to its restrictions. In terms of the Political Reform Act, one is
prohibited from making, participating in, influencing or attempting to use their official
position to influence any government decisions in which one has a financial interest.
Government Code section 87100 et seq.
Our investigation found that there were no violations in this instance. As an initial
matter, while her employer was an independent contractor to the City, it is questionable
whether Purchaser Ma can be considered as such, as her social work duties at WVCS
were not specifically designated to be in service for the City. Assuming for the sake of
argument that Ma herself can be considered as an independent contractor to the City by
virtue of her employment with WVCS, Ma's purchase of the BMR Unit was not the
"making" of a contract in her official capacity. She did not participate in any actions or
determinations that led to her place on the waiting list or the successful qualified
applicant; she had no control over the selection or qualification process; and she never
had any involvement or input in the BMR Program or its administration by WVCS.
Everything leading to her purchase of the BMR Unit, other than her initial decision to
apply, came about by circumstances outside her control.
Nguyen and Purchaser Ma were friendly co-workers, but there is no evidence Nguyen
gave Ma any preference or advantage in the sales or qualification process for the BMR
Unit. Rather, the investigation found otherwise. The process of creating the waiting list,
which determined Ma's position on the list as the person next in line after Sandstrom for
a two-person household and moderate income unit, was random and followed the BMR
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Manual procedures. As mentioned previously, this office reviewed WVCS's income
calculations for both Sandstrom and Purchaser Ma and determined them to be correct.
Conclusions
In sum, our investigation found no conflict of interest violations. We acknowledge that
on August 2, 2016, the City Council approved changes to the BMR Manual that (1)
require that if any employee of any consultant involved with City housing programs is
on the BMR waiting list, all review and evaluation of the employee’s application must be
performed by the City; and (2) in the future, any appeal will be heard first by the
Executive Director of WVCS, or by the Community Development Director if a WVCS
employee is involved, with a final second level appeal decided by the City Council. The
BMR unit will not be sold before the appeal is completed. We believe these actions by the
Council are well-advised to avoid any appearance of a conflict in the future.
362
1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 16-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
REGARDING THE APPEAL OF MS. KIMBERLY SANDSTROM AND
AFFIRMING THE RECOMMENDATION OF THE HOUSING COMMISSION
REGARDING THE ELIGIBILITY OF MS. SANDSTROM TO PURCHASE A BMR
UNIT
WHEREAS, the City of Cupertino (the "City") has since 1993 implemented an Office
and Industrial Housing Mitigation Program and a Residential Housing Mitigation Program,
described in the Housing Element of the General Plan, requiring the payment of housing
mitigation fees by non-residential development and residential projects with six units or less,
and requiring the provision of moderate-income and median-income housing in
developments with seven units or more (the "Housing Mitigation Program"); and
WHEREAS, the Policy and Procedures Manual for Administering Deed-Restricted
Affordable Housing Units (the “BMR Manual”) serves as the day-to-day operational manual
for both City staff and its Below Market-Rate (BMR) program administrator for BMR units
generated by the City's Housing Mitigation Program; and
WHEREAS, the City contracts with West Valley Community Services ("WVCS") to
manage the BMR program, including the determination of eligibility of potential applicants;
WHEREAS, applicants who desire to rent or purchase a BMR unit in the City must
complete an application demonstrating that the applicant's annual gross income does not
exceed the maximum published limit for the BMR unit; and
WHEREAS, WVCS maintains a waiting list of qualified applicants who wish to rent
or purchase a BMR unit; and
WHEREAS, Kimberly Sandstrom applied to purchase a BMR unit that became
available in January 2016; and
WHEREAS, based on the requirements of the BMR Manual, WVCS determined that
Ms. Sandstrom's annual gross income exceeded the established income limit to purchase the
BMR unit; and
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2
WHEREAS, Ms. Sandstrom has completed three levels of appeal at WVCS; and
WHEREAS, Ms. Sandstrom has completed a fourth level of appeal to the Housing
Commission, which made a recommendation to the City Council that the City Council
affirm the determination that Kimberly Sandstrom was ineligible to purchase a BMR unit
because her income exceeded the established income limit, but permit Ms. Sandstrom to
retain her current position on the BMR waiting list; and
WHEREAS, Cupertino Municipal Code Section 2.08.096 regarding a petition for
reconsideration applies to this Council adjudicatory action. Further, the City of Cupertino
has adopted the time limits contained in the California Code of Civil Procedure Section
1094.6 and the time within which to seek judicial review of a final decision is governed by
that section.
THEREFORE, BE IT RESOLVED:
Section 1. After careful consideration of the facts, exhibits, staff report, testimony, and other
evidence submitted in this matter, the City Council finds as follows:
1. The foregoing recitals are true and correct and incorporated into this resolution by this
reference.
2. Kimberly Sandstrom's income was correctly determined to exceed the established
maximum allowable income for a two-person household at a moderate income level in
Santa Clara County. Her income was correctly determined to be $103,648.14, consisting
of biweekly income of $96,012.80 and bonus income of $7.635.34, for a total income of
$103,648.14, based on the provisions of the BMR Manual and as described in the staff
report.
Section 2. The City Council hereby further provides that Kimberly Sandstrom retain her
current priority for a two-bedroom unit on the BMR waiting list maintained by WVCS when
new and continuing waiting list applications are accepted in October.
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3
PASSED AND ADOPTED this 20th day of September 2016, at a meeting of the City Council of
the City of Cupertino by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Grace Schmidt Barry Chang
City Clerk Mayor, City of Cupertino
365
Attachment C
RESOLUTION NO. 16-06
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF
CUPERTINO REGARDING THE APPEAL OF MS. KIMBERLY SANDSTROM
WHEREAS, the City of Cupertino (the "City") administers a Below Market-
Rate (BMR) housing program; and
WHEREAS, the City contracts with West Valley Community Services ("WVCS")
to manage the BMR program, including the determination of eligibility of potential
applicants;
WHEREAS, the Policy and Procedures Manual for Administering Deed-Restricted
Affordable Housing Units (the “BMR Manual”), adopted by the City Council, serves as
the day-to-day operational manual for both City staff and WVCS in administering the
BMR program; and
WHEREAS, applicants who desire to rent or purchase a BMR unit in the City
must complete an application demonstrating that the applicant's annual gross income
does not exceed the maximum published limit for the BMR unit; and
WHEREAS, WVCS maintains a waiting list of qualified applicants who wish to
rent or purchase a BMR unit; and
WHEREAS, Kimberly Sandstrom applied to purchase a BMR unit that became
available; and
WHEREAS, based on the BMR Manual, WVCS determined that Ms. Sandstrom's
annual gross income exceeded the established income limit to purchase the BMR unit;
and
WHEREAS, Ms. Sandstrom has completed three levels of appeal at WVCS; and
WHEREAS, Ms. Sandstrom has further appealed to the Housing Commission,
which will make a recommendation to the City Council for the final decision.
NOW, THEREFORE, BE IT RESOLVED, after careful consideration of the facts,
exhibits, staff report, testimony and other evidence submitted in this matter, that the
Housing Commission recommends that the City Council affirm the determination that
Kimberly Sandstrom was ineligible to purchase a BMR unit because her income exceeds
366
Attachment C
the established income limit, as calculated consistent with the BMR Manual in effect at
the time of the determination of her income; and
BE IT FURTHER RESOLVED that, because the appeal procedures then in place
did not allow Ms. Sandstrom to complete her appeal before the affected BMR unit was
sold, the Housing Commission further recommends that the City Council permit Ms.
Sandstrom to retain her current position on the BMR waiting list.
PASSED AND ADOPTED this 11th day of August 2016 at a regular meeting of the
Housing Commission of the City of Cupertino by the following roll call vote:
Vote:
AYES: Harvey Barnett, Rajeev Raman, Sue Bose
NOES: Nina Daruwalla
ABSENT: Shirley Chu
ABSTAIN:
ATTEST: APPROVED:
/s/ Aarti Shrivastava /s/ Harvey Barnett
Aarti Shrivastava, Assistant City ManagerHarvey Barnett, Chair, Housing
Commission
367
Exhibit D
D-1
Excerpts Regarding Income Calculation - Policy and Procedures Manual for
Administering Deed Restricted Affordable Housing Units
368
Exhibit E
E-1
Referenced Regulations (24 CFR 5.609(b) and (c))
369
Exhibit E
E-2
370
Exhibit E
E-3
371
Exhibit E
E-4
372
Exhibit F
F-1
Technical Guide for Determining Income and Allowances for the HOME Program
Anticipating Income
The HOME regulations at 24 CFR 92.203(d)(1) require that, for the purpose of determining
eligibility for HOME assistance, a PJ must project a household’s income in the future. To do so,
a “snapshot” of the household’s current circumstances is used to project future income. In
general, a PJ should assume that today’s circumstances will continue for the next 12 months,
unless there is verifiable evidence to the contrary. For example, if a head of household is
currently working for $7.00 per hour, 40 hours per week, the PJ should assume that this family
member will continue to do so for the next year. Thus, estimated earnings will be $7.00 per hour
multiplied by 2,080 hours, or $14,560 per year.
This method should be used even when it is not clear that the type of income received currently
will continue in the coming year. For example, assume a family member has been receiving
unemployment benefits of $100 per month for 16 weeks at the time of income certification. It is
unlikely that the family member will continue on unemployment for another 52 weeks. However,
because it is not known whether or when the family member will find employment, the PJ should
use the current circumstances to anticipate annual (gross) income. Income would therefore be
calculated as follows: $100 per week x 52 weeks, or $5,200.
The exception to this rule is when documentation is provided that current circumstances are
about to change. For example, an employer might report that an employee currently makes $7.50
an hour, but a negotiated union contract will increase this amount to $8.25 an hour eight weeks
from the date of assistance. In such cases, income can be calculated based on the information
provided. In this example, the calculation would be as follows: • $7.50/hour x 40 hours/week x 8
weeks = $2,400 • $8.25/hour x 40 hours/week x 44 weeks = $14,520 • $2,400 + $14,520 =
$16,920.
Sources of Earned Income
In addition to hourly earnings, PJs must account for all earned income. In addition to the base
salary, this will include annual cost of living adjustments (COLAs), bonuses, raises, and
overtime pay. In the case of overtime, it is important to clarify whether overtime is sporadic or a
predictable component of an employee’s income. If it is determined that an applicant has earned
and will continue to earn overtime pay on a regular basis, PJs should calculate the average
amount of overtime pay earned by the applicant over the pay period the PJ is using to calculate
income eligibility (3 months or 12 months). This average amount is then to be added to the total
amount of projected earned income over the following 12-month period. Exhibit 2.1 provides a
step-by-step explanation of the standard methodology for projecting annual income.
373
Exhibit F
F-2
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448
City Council
SEPTEMBER 20, 2016
449
Overview
•Milestones
•My eligibility
•BMR unit
eligibility
•Rules / rule
changes
•Relevant
documents
•Conflict of
interest
•Denial of due
process
•Investigation
questions
Role of
Commissioners
and
Councilmembers
450
January, 2016
20:Notified that I was selected candidate
(with 2 backups) and application must be
completed by 27-Jan
21:I asked about income over limit in 2015
–answer was that over limit in the past
does not disqualify, as eligibility depends
on current income
25:I completed my application
26:I met with Christine at 4pm. She said I
was over limit. I showed her that current
wages plus last year’s performance bonus
was under limit, she said she would consult
with city staff
28:Christine emailed, saying after staff
consultation, I am over limit
451
February, 2016
2:C.J. emailed, saying my eligibility is
not yet determined; he asked for latest
paystub; later he said unit failed
inspection and instructed Christine to
remove it from list of units eligible for sale
9:Christine cancelled meeting with C.J.
and I. The unit passed inspection, but I
was not informed of this
11:I attended Housing Commission
meeting at 9am. C.J. explained that if I
applied 12-Feb, I would be eligible. I
attended meeting at WVCS (with
Christine, C.J.) at 2pm where I provided
mid-year bonus statement. Christine
emailed attachment on letterhead
stating my ineligibility at 6:50pm
452
February, 2016,
continued
12:I delivered my first grievance
to WVCS, but Ms Venkatraman
was not in the office
16:Ms Venkatraman called me,
in response to voicemails I left on
April 12th regarding bringing /
leaving grievance. She said I was
ineligible; no unit was available
and sale to alternate was 80%
done
22:I received Ms Venkatraman’s
response to my grievance by
certified mail
Capital Gains
453
Policy and Procedures
Manual for Administering
Deed Restricted Affordable
Housing Units, as amended
2-Aug by City Council
Resolution No. 16-084
(although no changes to
Exhibit 3, per the Resolution)
From Agenda Packet: E-
Referenced Regluations (24 CFR
5.pdf (near bottom of page E-2 on
left)
(and near top of page E-2, below)
454
March, 2016
1:I handed my second grievance to Mr Selo
8:I received Mr Selo’s response to my grievance by certified mail
10:I attended Housing Commission meeting at 9am
15:I attended City Council meeting at 6:45pm and during Oral
Communications, I asked the City Council to investigate my
case. I provided detailed and pertinent records
29:BMR unit was sold on or about this date to Director of Client
Services at WVCS and her adult sister, but this fact was not
discovered by me for about four weeks
455
Excerpt from CC Resolution No. 16-084 Adopting
Amendments to the Policy and Procedures Manual for
Administering Deed Restricted Affordable Housing Units.pdf
Although this regulation
was not part of the BMR
Manual in March, 2016,
a Conflict Of Interest
event clearly occurred
with WVCS’s approval of
the eligibility of their own
employee, after denying
my eligibility
456
Excerpt from
California Law
Governing
Conflict of
Interest, by
Orange County
Department of
Education, June,
2014
457
April, 2016
5:I attended City Council meeting at
6:45pm
14:I attended Housing Commission
meeting at 9am, where I was allowed
to speak for 3 minutes. I recalled 11-
Feb meeting and asked
commissioners to take action against
capricious decision. C.J. said that
grievances to WVCS must continue
19:I attended meeting of the Board
Administration Committee of the
Board of Directors of WVCS at 4pm
where I was allowed to speak for 3
minutes. I asked committee to take
action against capricious decision
and I handed my third grievance to
the Board Chair
19, continued: I attended City Council
meeting at 6:45pm, where C.J. presented
CDBG Annual Plan and funding details (item
15 on Agenda). Afterwards, he was asked by
Councilmember Paul for an update on my
appeal. C.J. stated that I had two more
levels of grievance to complete at WVCS. He
said that, in the future, the Assistant City
Manager could be asked to place my
appeal on the agenda of the Housing
Commission
27:I received, by certified mail, Mr Barkey
and Ms Harper’s response to grievance
three, which told me to forward any
following grievance to Mr Selo. I discovered
the identity of the buyer of the BMR unit in
public records search
458
May, 2016
3:I sent my fourth grievance to MrSelo as an email attachment (copying C.J.,
Assistant City Manager, Mayor and Councilmembers) expressing my outrage at
the Conflict of Interest that arose when WVCS qualified their own staff after
disqualifying me. I asked for a full investigation; acknowledgment and rectification
of the error that resulted in my disqualification; a complete reconsideration of the
unlawful sale and a lawful sale to take its place. MrSelo responded with
attachment BMR Policy for WVCS Staff. I attended City Council meeting at 6:45pm
6:C.J. emailed MrSelo suggesting that WVCS recuse itself and that the appeal
would move to the Housing Commission. I responded to C.J. and Ms Shrivastava
asking that my appeal appear on the Agenda of the 12-May Housing Commission
meeting. There was no response to my email
12: I attended Housing Commission meeting at 9am, where my appeal was not on
the agenda and I was allowed to speak for 3 minutes. C.J. said my appeal would
be heard at the 9-Jun meeting because there had not been time to get it on
today’s agenda. He said that Ms Shrivastava would follow up, as he was leaving
the City of Cupertino for other employment and this was his last Housing
Commission meeting 459
BMR Policy for WVCS Staff
Below Market Rate Policy
for
WVCS Staff
adopted 7/19/11
Below Market Rate
West Valley Community Services staff who does not have decision making authority or influence of the BMR program may
apply as a potential candidate for the BMR program. Staff excluded from application include but not limited to: Executive
Director, Department Directors, WVCS BMR staff. There will be no special consideration or accommodations for the staff's
application. The staff member must qualify based on BMR requirements set forth by the City of Cupertino and WVCS, and will
be given priority points based on the same criteria as all qualified applicants. The staff member will not participate in any BMR
program decision making processes for application, qualification or placement. The staff member will not have any access to
BMR files or other BMR client information.
460
June, 2016
6:I emailed MsShrivastava because no agenda was posted for
9-Jun Housing Commission meeting. Mr Fu replied that my
appeal was continued to 23-Jun
9:Housing Commission meeting is cancelled “due to lack of
business”
23:Special meeting of the Housing Commission had my appeal
on the Agenda as item 3. External Counsel, acting as staff, made
a presentation. I made a presentation. There were comments
from the public. From the minutes: “Chair Barnett said that the
Commission would take all the information received today into
consideration, review with Staff and bring this item back for a
recommendation at the meeting of July 14, 2016”
461
July and August, 2016
July 6:Mr Fu called and told me
that the 14-Jul Housing
Commission meeting would be
cancelled because external
counsel needed more time to
investigate the determination of
my income. When I asked about
the criminality of the transfer, he
said they were investigating that
too. He said my appeal would be
continued to 11-Aug. He also sent
an email with essentially the same
information
14:Housing Commission meeting
is cancelled “due to lack of
business”
August 2:City Council adopted
Resolution No. 16-084 amending the
Policy and Procedures Manual for
Administering Deed-Restricted
Affordable Housing Units (Below
Market Rate (BMR) Manual), with
modification, after 4-1 vote
11:At Housing Commission meeting
External Counsel presented, including incorrect income calculation. I
presented, but was prevented from showing my investigative findings related to COI. There were comments
from the public. There was a motion to
deny my appeal, which passed after
a 3-1 vote
462
Handout
presented
by Ms Klueck
at 11-Aug
Housing
Commission
meeting has
math error
and bonus
error
463
Excerpt from F-
Technical Guide for
Determining
Income.pdf
My application included
verifiable evidence that:
•S Recogn Bonus was
one time (2015 only)
•Wellness Bonus would
not be earned in 2016
•Performance Bonus was
sharply decreased in
2016
•Stock value declined
precipitously
464
My Company, our main competitor and
Nasdaq Composite 2013 –2016
http://www.nasdaq.com/symbol/stx/interactive-chart
Demonstrates
that larger
economic forces
are driving the
loss in value
465
My latest paystub
466
August, 2016, continued
23:External counsel, Ms Lee, emailed me, inviting me to share my presentations with her,
while stating she would not share her findings with me
24:Mr Fu emailed, asking me to forward my presentation
25:Mr Fu emailed saying that my appeal before the City Council would be continued from
6 to 20-Sep
26:I received a letter from Ms Squarcia informing me that my appeal would be heard by
the City Council 6-Sep and that any issues not raised before the Council on that date may
be inadmissible, if I later bring an action in court
27: I received a second letter from Ms Squarcia informing me that my appeal would be
continued to an unknown date
29:I uploaded presentations, audio recordings, letters from City to a Google Drive folder
that I shared with Ms Lee and the Mayor and Councilmembers. Ms Lee asked me to invite
her via a gmail account, and I complied
31: I emailed the City Clerk expressing utter confusion and asking for guidance on my
hearing before the City Council. Ms Schmidt clarified that my appeal would be heard 20-
Sep 467
September, 2016
6:I attended City Council meeting
at 6:45, where the Council
approved postponement of my
appeal to 20-Sep
8:I attended Housing Commission
meeting at 9am. During the
approval of minutes, I attempted to
make errors in the draft minutes
known. However I was silenced
and told I could speak during Oral
Communications. This is a violation
of my Brown Act rights
54954.3.(a) Every agenda for regular meetings shall provide an opportunity
for members of the public to directly address the legislative body on any item
of interest to the public, before or during the legislative body's consideration
of the item, that is within the subject matter jurisdiction of the legislative body,
provided that no action shall be taken on any item not appearing on the
agenda unless the action is otherwise authorized by subdivision (b) of Section
54954.2.However, the agenda need not provide an opportunity for members
of the public to address the legislative body on any item that has already
been considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested members of the
public were afforded the opportunity to address the committee on the item,
before or during the committee's consideration of the item, unless the item
has been substantially changed since the committee heard the item, as
determined by the legislative body. Every notice for a special meeting shall
provide an opportunity for members of the public to directly address the
legislative body concerning any item that has been described in the notice
for the meeting before or during consideration of that item.
(b) The legislative body of a local agency may adopt reasonable regulations
to ensure that the intent of subdivision (a) is carried out, including, but not
limited to, regulations limiting the total amount of time allocated for public
testimony on particular issues and for each individual speaker.
(c) The legislative body of a local agency shall not prohibit public criticism of
the policies, procedures, programs, or services of the agency, or of the acts or
omissions of the legislative body. Nothing in this subdivision shall confer any
privilege or protection for expression beyond that otherwise provided by law.
http://www.leginfo.ca.gov/cgi-
bin/displaycode?section=gov&group=54001-
55000&file=54950-54963
468
http://www.hcd.ca.gov/housing-policy-development/housing-resource-
center/reports/state/incnote.html 469
Conflict of interest / Due process
Although Christine Nguyen told me that a conflict of
interest would arise if I were both a volunteer and a client
at WVCS…
…she nonetheless denied me and then sold the 2-
bedroom, moderate unit –while the appeal process was
still underway –to her coworker, Michelle Ma, the Director
of Client Services at WVCS;a single woman with no
dependents
This is clearly unacceptable and I am
asking YOU, City Council, to take
action and reverse this illegal sale
470
Investigative Questions
Is Michelle Ma the Director of Client Services at West Valley Community Services?
Date of hire –2008, per Ms Lee
Date of termination –April 2016, per Ms Lee
How many City of Cupertino Below Market Rate units are owned by
current West Valley Community Services staff
former West Valley Community Services staff
current City of Cupertino staff
former City of Cupertino staff
How many City of Cupertino Below Market Rate units are rented by
current West Valley Community Services staff
former West Valley Community Services staff
current City of Cupertino staff
former City of Cupertino staff
471
Questions about sale of APN 369-
55-036 on or around 21-Mar-2016
How many applicants were contacted and invited to complete their applications,
including Ms Ma and I? –3, per Ms Lee: Sandstrom, Ma and additional backup?
How many applicants submitted complete applications?
Did all of the applicants have the same number of priority points? –No, per Ms Lee
How many priority points did Ms Ma have? –2, per Ms Lee
At the time of application, where was Michelle Ma’s residency?
Longevity at that address?
At the time of application, where was Marissa Ma’s residency?
Longevity at that address?
What was Marissa Ma’s income?
What was the waitlist priority number of Ms Ma? –23, per Ms Lee
472
City Council has the power to find a
transaction fraudulent and overturn it
Excerpt from CC Resolution No. 16-084 Adopting Amendments to the Policy and Procedures Manual for
Administering Deed Restricted Affordable Housing Units
473
Responsibilities of Commissioners (excerpted
from COMMISSIONER’S HANDBOOK, 2016, City of Cupertino)
D. DISCRIMINATION AND EQUAL PROTECTION
All rules, regulations, laws, services and facilities must apply equally to all persons, and not give
favor to any segment of the community. Similarly, all laws and ordinances of the city must afford
equal protection to all facets of the community, unless the purpose of a city action requires special
classification of the community.
E. DUE PROCESS
All governmental procedures and process must allow an affected party a right to be heard, and to
present controverting fact or testimony on the question of right in the matter involved. Unfair
determinations, such as bias, predetermination, refusal to hear, etc., may invalidate actions.
F. REASONABLENESS
Every action of municipal government must be reasonable, or otherwise stated, not capricious,
extreme, arbitrary, or abusive.
474
In closing
Affordable housing is one of the most valuable things in
existence in Cupertino…
A valuable BMR unit has been sold in a frankly illegal manner
Please restore justice and undo the sale
Please reject the recommendation of staff, denying my appeal
Please recognize that no speculation is needed to find that I
met the income eligibility limit, even assuming performance
bonus at same level in 2016 as in 2015
Please do not play a part in continuing the unethical action
that has occurred and instead, work to undue this action
475
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1973 Name:
Status:Type:Public Hearings Agenda Ready
File created:In control:9/13/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Municipal Code Amendment to amend Chapter 8.07, Beekeeping, regarding the regulation,
location, and the keeping of bees in the City. Application No(s): MCA-2016-03; Applicant(s): City of
Cupertino; Location: Citywide has been continued to November 15 and will be re-noticed.
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/4/20161
Subject:MunicipalCodeAmendmenttoamendChapter8.07,Beekeeping,regardingthe
regulation,location,andthekeepingofbeesintheCity.ApplicationNo(s):MCA-2016-03;
Applicant(s):CityofCupertino;Location:CitywidehasbeencontinuedtoNovember15and
will be re-noticed.
Conduct the first reading of the draft ordinance: "An ordinance of the City Council of the City
of Cupertino amending section 8.07 of the Cupertino Municipal Code relating toBeekeeping
has been continued to November 15 and will be re-noticed.
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2012 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:9/27/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Establishment of a Friendship City Relationship
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Taichung Friendship City Application
Action ByDate Action ResultVer.
City Council10/4/20161
Subject: Establishment of a Friendship City Relationship
ReviewandconsideranapplicationestablishingaFriendshipCityrelationshipwithTaichung,
Taiwan, Republic of China
CITY OF CUPERTINO Printed on 9/28/2016Page 1 of 1
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OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: October 4, 2016
Subject
Establishment of a Friendship City Relationship
Recommended Action
Review and consider an application establishing a Friendship City relationship with
Taichung, Taiwan, Republic of China.
Background
At its September 6, 2016 meeting, Council approved amendments to the City’s Policies
and Guidelines on Sister Cities to include a designation for Friendship City relationships.
Following this action, staff created an application and have made it available to
interested parties. Council established six Friendship Cities at its September 20, 2016
meeting.
Description
The City recognizes the value of developing people-to-people contacts as a way to
further international communication and understanding. Friendship City partnerships
can be an effective method in fostering increased global cooperation and
communication between the City of Cupertino and international municipalities. As
such, the City welcomes friendly relationships with cities from around the world.
Staff has received one new application from the following Friendship City group:
Cupertino-Taichung Friendship City Committee
If the application is approved by Council, the Mayor would sign the agreement
establishing a Friendship City Designation between the City and the international
municipality. The agreement would expire in two years unless renewed.
Sustainability Impact
To the extent that encouraging Friendship City relationships leads to additional
international travel and delegation visits, there will be an increase in transportation-
related greenhouse gas emissions.
478
Fiscal Impact
The policy establishes Friendship Cities differently from Sister Cities. Friendship Cities
are not eligible for City funding. Any direct financial obligation from the City for
Friendship Cities would be limited to providing promotional items not to exceed $15
per delegate. Indirectly, each international delegation visit uses approximately 20 hours
of staff effort, which equates to about $1,500 of staff time per visit.
_____________________________________
Prepared by: Brian Babcock
Reviewed by: Jaqui Guzmán
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Cupertino-Taichung Friendship City Committee
479
CITY OF CUPERTTINO
FRIENDSHIP CITIES PROGRAM
APPLICATION FOR DESIGNATION
Instructions
This application is to be completed by the Friendship City Committee of the requesting international city
and submitted electronically to the Cupertino City Manager’s Office by emailing pio@cupertino.org.
Background
A Friendship Cities Designation is an established relationship between the City of Cupertino and a
partnering international organization that is mutually beneficial. The first step towards establishing a
Friendship Cities Designation is to complete this application. This application helps to identify proposed
goals of the relationship, the supporting activities expected, and highlights the areas of interest strengths,
or needs of each party. The proponents of establishing such a relationship must be a collaboration of a
community organization (a Friendship City Committee) and an elected official of the participating
international city.
Who May Request a Friendship Cities Designation?
Any established Friendship City Committee of the proponent Friendship City may submit an application.
The most successful applications will have more than one sponsor and will represent multiple agencies or
organizations.
Processing and Approval of the Application
This application will clearly state the rationale and the goals of the relationship and the mutual benefits in
establishing this relationship. Once the designation is in place, all information in the application will be
shared with the community and stakeholders upon request.
Complete information for key contacts and authorizing individuals (the signing authorities) must be
provided before the relationship can be finalized. In addition, the committee must have a Cupertino
Councilmember sponsorship. Incomplete information will delay the process. A Friendship Cities
Designation will be authorized for a period of two (2) years as outlined in the City of Cupertino’s
“Policies and Guidelines on Sister Cities, Friendship Cities, and International Delegations” and will be
subject to all guidelines therein.
480
CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR DESIGNATION
To be completed in English by the requesting organization:
1. Name and Country of the proposed Friendship City and the Friendship City Committee:
Cupertino & Taichung Friendship City Committee
2. Today’s date: 10-20-2016
3. Name of person requesting relationship: Michael Wen
4. Title: President
5. Affiliation: Cultural Affairs Bureau Taichung City Government， Education Bureau of Taichung
City Government ＆ Taiwanese Cultural and Sports Association
6. Address:
7. Email: michael.wen@gmail.com
8. Phone: 408-646-4153
9. City of Cupertino Sponsor: Mayor Barry Chang
10. Friendship City Elected Official Sponsor: Mayor Lin Chia-lung
11. RATIONALE: Please explain the rationale and focus of the requested Friendship Cities
Designation. Describe why a Friendship City relationship would be beneficial to the City of
Cupertino and your local community, organization, and city. Please outline the areas of mutual
strength and interest for each of the participants. Limit this section to four pages and attach it to
this application. Items to include:
Names, titles, and affiliations of those who will be involved at the proponent Friendship City
and the Friendship City Committee. Be sure to include information for the proponent
Friendship City’s Mayor as they will have the primary signing authority of the Friendship City.
Areas of mutual interest upon which the relationship will focus.
Opportunities for new activities and potential outcomes.
Benefits and measurable results that the City of Cupertino and proponent Friendship City can
expect as a result of the establishment of such a relationship.
12. RESOURCES: Please address monetary and in-kind resources that may be necessary to conduct
the activities of this relationship, how they are to be obtained, and from whom. If none, state “no
funding required”. Please note that the City of Cupertino does not currently provide funding for
Friendship Cities. Limit this section to one page and attach it to this application.
13. PROFILE: Please attach a brief profile of your city and Friendship City Committee including, but
not limited to: background, location, nature, size, and relevant programs. Limit the profile to no
more than two pages.
14. ADDITIONAL INFORMATION: Please add any additional information about this proposed
relationship, the proponent Friendship City, and/or the Friendship City Committee that you wish
to share. Limit additional information to no more than 2 pages.
481
A Cupertino & Taichung Friendship City Proposal
The Cupertino & Taichung Friendship City Committee is a volunteer group consisting
of hundreds of citizens from but not limited to the Bay Area. Our committee is also
currently a branch committee from Taiwanese Cultural and Sports Association. TCSA
is a non-profit organization to promote:
1. Taiwanese culture and enhance the inter-culture exchange between Taiwan,
United States of America and other international countries.
2. Peace through people to people relationships, which is supplemented by cultural
exchange programs, shared research, and development projects between cities.
3. Encourage young Taiwanese Americans to get involved in cultural and sports
activities and strengthen the coordinating function for Taiwanese communities
with other communities.
4. Provide entertainment, educational and voluntary events for the purposes of
culture exchanges such as festival and sports events.
As one of the largest family-oriented events in the San Francisco Bay Area, Kids'n Fun
Festival hosts a consortium of performers with international children songs and
dances, cultural exhibits with games and activities and a diverse selection of ethnic
delicacies. Our objective is to foster a more peaceful community through culture
awareness and appreciation to achieve greater cultural understanding, ethnic
diversity, and international cognizance.
Over the years, since our organization has formed, we have established a strong
relationship with the officials of Taichung and it's people. Since then, they have given
us much support and helped with the event of Kids'n Fun Festival activities. This
event takes place at Memorial Park, Cupertino. This year, Taichung City sent about 40
children from Taiwan coming from Chung-
Ho Elementary School and Taichung Situn
Elementary School to perform Taiwanese
Folk Opera at the festival.
Our committee has hosted and served as a
bridge between the City of Cupertino and
Taichung City to support our communities
overseas exchanges from Taichung’s culture
is not only important to the locals there but is also meant to be shared. Taichung
offers many education opportunities because of its focus on technology and
development. We see the similarities in these two great cities. And we would love to
see a new friendship built between the two cities.
http://www.kidsfunfestival.org/2016-kff-photos.html
482
In many ways, Taichung mirrors Cupertino in providing the community with top notch
education, a greener approach to living, and a space for creative innovation – we are
home to tech giants Apple, Seagate, and even have a subsidiary of Amazon – Lab 126.
Like Taichung, Cupertino is also in the process of great urban developments – for
example we have Main Street Cupertino and Taichung has Greater Taichung 123.
This is our opportunity to give back to our community through new experiences, new
partnerships and prepare our future generations for further success.
Let's connect these two cities to further deepen our roots within the community!
For the past few years, Taichung City has been named among Asia’s most livable
cities and is currently the most livable city in Taiwan according to CNN U.S. Taichung
City has a big role in the economy, arts, culture, and transportation. Its climate,
which is similar to Cupertino's, is pleasant all year round. The government of
Taichung City also plans to develop Taichung into a green garden city.
For the arts and culture, Taichung is Taiwan’s cultural center. The National Taiwan
Museum of Fine Arts shows paintings and art works from Taiwanese artists.
The National Taichung Theater, a newly opened opera house with a very unique
design, hosts many performing arts events and invites artists worldwide to perform.
You can see the very unique design of the theater.
Cupertino Taichung
Population 60K 2.7M
Area 11.3 km² 855 Km²
Schools 1 college
4 high schools
5 middle schools
19 elementary schools
17 college
69 high schools
>200 elementary
schools
Economy Apple
Seagate
Giant Bicycle
297 companies
Ranking One of the Most Educated
Small Towns. (Forbes)
The Most Livable City in
Taiwan.
(CNN)
483
Because of its many resources, Taichung has 23 sister cities globally and it welcomes
more. Taichung and Cupertino are alike in many ways.
Benefits and Measurable Results
Youth and Education
We provide kids with the experience of traveling abroad. It is important that they
learn what it is like to be a guest, not a tourist. This helps them better learn about
the cultural values and differences. We offer both short and long term activities
and events. Studying aboard isn't only limited to children, but are also available to
high school and college students as well. Studying aboard is often described as life
changing and many current leaders in diplomacy can trace their interest to studying
aboard.
Arts and Culture
Art and Culture programs are an age old staple in the relationships between cities.
They allow people to experience and explore the independent cultures of different
places, this enables them to gain insight into the history, values, and artistic side of
other cultures. Our cultural exchange events can range between musical
performances to art exhibits to international culture festivals.
Business and Trade
Business and Trade is the life blood of a city, through our city relationships we can
help create connections between international municipal officials and businesses.
These connections help build trust, access, and expertise which will lead to new and
exciting opportunities. From access to new markets, navigating through
import/export regulations or new partners, the possibilities are endless.
Community Development
Through our programs, we have helped cities implement new policies and techniques
in sanitation, health, transport, tourism, economic development, and education.
Our programs also help raise fund or collect supplies for any natural disaster or
emergency that may plague our sister cities. Many other development projects
have been done, including renovation of clinics, well building, and training medical
personnel’s. Numerous programs also support schools abroad through donation of
materials, construction, and partnerships with U.S. schools
Financial Resource Management
Our organization utilize the following sources of income to help and fulfill our
484
missions:
1. Foundation grants Hong En
Ex. Hong’s culture and education foundation
2. Fees for goods
Ex T Shirt.
3. Individual donations and major gifts
4. Bequests
5. Corporate contribution
WebSite:
http://www.kidsfunfestival.org/
http://www.tcsa2015.org/
485
48
6
Title Name Phone No. email
Mayor of Taichung Lin Chia-lung 0800-024-111taichung@taichung.gov.tw
Education Brureau Director
General of Taichung
Dr. Peng Fu-Yuan866-4-2228-
9111
Fly123@ taichung.gov.tw
President Michael Wen 408-646-4153michael.wen@gamil.com
Vice President Tim Chen 408-877-8051wchen0509@gmail.com
Honorary Advisor Frank Hong 408-741-5433 frank@fatinoinc.com
Director-General Ping-Ping Lee 408-857-6069pingping.us@gmail.com
Art & Cultural Director Julia Tang 408-316-4499juliatang100@yahoo.com
Digital Marketing Director Jerry H.C. Ho 951-224-7584
Financial Director Chiamin Cheng 408-370-2711chienweichang@yahoo.com
Educational Advisor Catharina Lee408-497-6210eastgateschool@aol.com
Educational Advisor Shiow Hsieh 408-221-0852shiow9988@yahoo.com
Advisor Lisa Wang 408-623-2938 lisawangchin@gmail.com
Advisor Vivian Wang 408-314-6527 vivian.wang28@gmail.com
Business & trade advisor Melanie Hsu 408-202-1168 Melanie_usc@yahoo.com
487
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-1382 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:1/14/2016 City Council
On agenda:Final action:10/4/2016
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council10/4/20161
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
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