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10-17-2017 Searchable packet
CITY OF CUPERTINO AGENDA CITY COUNCIL 5:15 PM 10300 Torre Avenue and 10350 Torre Avenue Tuesday, October 17, 2017 Non-televised Special Meeting Closed Session (5:15) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, October 17, 2017, commencing at 5:15 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL - 5:15 PM City Hall Conference Room A, 10300 Torre Avenue CLOSED SESSION 1.Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases 2.Subject: Conference with Real Property Negotiators (Government 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 3.Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga, City of Cupertino, Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214. Page 1 1 October 17, 2017City Council AGENDA 4.Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan P. Sievert, on behalf of The Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Proclamation declaring October 15-21, 2017 as "Freedom from Workplace Bullies Week" Recommended Action: Present Proclamation declaring October 15-21, 2017 as "Freedom from Workplace Bullies Week" 2.Subject: Proclamation in celebration of Diwali on October 19, 2017 Recommended Action: Present proclamation in celebration of Diwali on October 19, 2017 3.Subject: Certificate of Appreciation for BlueLight Cinemas Recommended Action: Present Certificate of Appreciation for BlueLight Cinemas POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. Page 2 2 October 17, 2017City Council AGENDA 4.Subject: Approve the October 3 City Council minutes Recommended Action: Approve the October 3 City Council minutes A - Draft Minutes 5.Subject: Accept Accounts Payable for the period ending September 8, 2017 Recommended Action: Adopt Resolution No. 17-097 accepting Accounts Payable for the period ending September 8, 2017 A - Draft Resolution B - AP Report 6.Subject: Accept Accounts Payable for the period ending September 15, 2017 Recommended Action: Adopt Resolution No. 17-098 accepting Accounts Payable for the period ending September 15, 2017 A - Draft Resolution B - AP Report 7.Subject: Accept Accounts Payable for the period ending September 22, 2017 Recommended Action: Adopt Resolution No. 17-099 accepting Accounts Payable for the period ending September 22, 2017 A - Draft Resolution B - AP Report 8.Subject: Accept Accounts Payable for the period ending September 29, 2017 Recommended Action: Adopt Resolution No. 17-100 accepting Accounts Payable for the period ending September 29, 2017 A - Draft Resolution B - AP Report 9.Subject: Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and authorize an additional full-time equivalent (FTE) position in the City Attorney’s Office (“CAO”) Recommended Action: 1. Adopt Resolution No. 17-101 to: a. Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and b. Increase FTE in the City Attorney’s Office from 4 FTE to 5 FTE by adding a Senior Assistant City Attorney position. Staff report A - Draft Resolution B - Unrepresented Comp - Redlined C - Unrepresented Comp - Clean Page 3 3 October 17, 2017City Council AGENDA 10.Subject: Establishment of a Friendship City Relationship Recommended Action: Approve one application establishing a Friendship City relationship with Tongxiang City, Zhejiang Province, People’s Republic of China Staff Report A – Tongxiang Friendship City Application B – PowerPoint Presentation of Cupertino Delegate Visit to Tongxiang 11.Subject: Application for Alcohol Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road Staff Report A - Application 12.Subject: Application for Alcohol Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard Staff Report A - Application 13.Subject: Application for Alcohol Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634 Stevens Creek Boulevard Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Boiling Fish, Inc (dba Boiling Fish), 19634 Stevens Creek Boulevard Staff Report A - Application Page 4 4 October 17, 2017City Council AGENDA 14.Subject: Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades-East Courts Light Conversion project (Project No. 2017-19.01) Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades-East Courts Light Conversion project with Nema Construction in the amount of $220,000; and 2. Authorize a construction contingency budget of $22,000, 10% of the contract amount, to address unforeseen conditions during construction, for a total of $242,000; and 3. Approve a budget appropriation in the amount of $470,000 in the Sports Center - Upgrades project (420-99-017) and the appropriation in the amount of $470,000 in transfers out from the Sport Center - Children’s Play Area project (570-99-032) Staff Report A - Draft Contract SECOND READING OF ORDINANCES PUBLIC HEARINGS ORDINANCES AND ACTION ITEMS 15.Subject: Amend Cupertino Municipal Code Chapter 11.24, “Standing, Stopping or Parking-Public Streets, Section 11.24.170, Limitation on Certain Streets”, to Establish 2-hour Parking on a Portion of Vallco Parkway Recommended Action: Conduct the first reading of Ordinance No. 17-2169: An Ordinance of the City Council of the City of Cupertino Amending Section 11.24.170, “Limitation on Certain Streets”, to Establish 2-hour Parking on a Portion of Vallco Parkway Staff Report A - Map of Proposed 2hr Parking B - Draft Ordinance 16.Subject: Kidpool Pilot Project Recommended Action: Authorize the City Manager to execute a contract with Fremont Union High School District and Pogo, Inc. for use of a mobile application platform that facilitates parent carpooling Staff Report Draft Contract Page 5 5 October 17, 2017City Council AGENDA 17.Subject: Consider adopting resolutions establishing a policy for accepting donations and revising the Naming of City Facilities Policy Recommended Action: a. Adopt Resolution No. 17-102 establishing a policy for accepting donations (Attachment A); and b. Adopt Resolution No. 17-103 rescinding Resolution No. 03-162 and amending the Naming of City Facilities Policy (Attachment C) Staff Report A - Draft Resolution Donation Policy B - Standard Donation Form Sample C - Draft Resolution Naming of City Facilities Policy D - Draft Naming of City Facilities Policy - Redline Version 18.Subject: Designation of a primary representative and alternate for the City of San Jose’s Ad Hoc Advisory Committee on South Flow Arrivals Recommended Action: Designate a primary representative and one alternate for the City of San Jose’s Ad Hoc Advisory Committee on South Flow Arrivals Staff Report A - Email Invitation from the City of San Jose B - City of San Jose Memorandum C - City of San Jose Presentation REPORTS BY COUNCIL AND STAFF 19.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 6 October 17, 2017City 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. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. 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 Page 7 7 October 17, 2017City Council AGENDA consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 8 8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:217-3102 Name: Status:Type:Closed Session Agenda Ready File created:In control:10/6/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:217-3103 Name: Status:Type:Closed Session Agenda Ready File created:In control:10/6/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Conference with Real Property Negotiators (Government 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 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Real Property Negotiators (Government 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 CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™10 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:217-3104 Name: Status:Type:Closed Session Agenda Ready File created:In control:10/6/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga, City of Cupertino, Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214. Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case:City of Saratoga, City of Cupertino, Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214. CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™11 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3114 Name: Status:Type:Closed Session Agenda Ready File created:In control:10/9/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan P. Sievert, on behalf of The Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan P. Sievert, on behalf of The Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™12 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2871 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:7/27/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Proclamation declaring October 15-21, 2017 as "Freedom from Workplace Bullies Week" Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Proclamation declaring October 15-21, 2017 as "Freedom from Workplace Bullies Week" Present Proclamation declaring October 15-21, 2017 as "Freedom from Workplace Bullies Week" CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™13 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3082 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:10/3/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Proclamation in celebration of Diwali on October 19, 2017 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Proclamation in celebration of Diwali on October 19, 2017 Present proclamation in celebration of Diwali on October 19, 2017 CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™14 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3115 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:10/9/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Certificate of Appreciation for BlueLight Cinemas Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Certificate of Appreciation for BlueLight Cinemas Present Certificate of Appreciation for BlueLight Cinemas CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™15 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2058 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/4/2016 City Council On agenda:Final action:10/17/2017 Title:Subject: Approve the October 3 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Approve the October 3 City Council minutes Approve the October 3 City Council minutes CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™16 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, October 3, 2017 SPECIAL CITY COUNCIL MEETING At 6:45 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in the City Hall Conference Room A, 10300 Torre Avenue. Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf. Absent: Councilmember Rod Sinks. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue for the Regular Meeting. 1. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases Mayor Vaidhyanathan reported that the City Council gave direction to staff. 2. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset Mayor Vaidhyanathan reported that the City Council gave direction to staff. 3. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020. Agency Negotiators: David Brandt, Jeff Milkes. Negotiating Parties: Susan Sievert, on behalf of The Patricia L. Sievert Trust. Under Negotiation: Price and terms of payment Mayor Vaidhyanathan reported that the City Council gave direction to staff. REGULAR CITY COUNCIL MEETING 17 City Council Minutes October 3, 2017 2 ROLL CALL At 6:45 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf, and Rod Sinks. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Proclamation recognizing Monta Vista High School student Karen Ma for her great efforts to help promote City trees Recommended Action: Present proclamation recognizing Monta Vista High School student Karen Ma for her great efforts to help promote City trees City Arborist Jonathan Ferrante recognized Karen Ma’s hard work and Karen said a few words. Mayor Vaidhyanathan presented the proclamation recognizing Monta Vista High School student Karen Ma for her great efforts to help promote City trees. POSTPONEMENTS - None ORAL COMMUNICATIONS Jennifer Griffin talked about the former Elephant Bar space, Capitola mall, and the San Jose Urban Village development. Peter Leroe-Munoz on behalf of Silicon Valley Leadership Group talked about the Silicon Valley Turkey Trot being held on November 23 in San Jose (distributed written comments). Cathy Helgerson talked about Lehigh Southwest Cement and Quarry and the Stevens Creek Quarry. Dolly Sandoval talked about the Fremont Union High District (FUHSD) adult school temporarily occupying the Vallco mall. Randy Shingai talked about the Stern Hotel development site in San Jose (distributed written comments). 18 City Council Minutes October 3, 2017 3 Jean Bedord talked about an adult learner school rental property agreement between the FUHSD and Sandhill Properties. Ajosh Antony talked about the Bubb Road and McClellan Road intersection and adjacent railroad crossing (presented overhead image). CONSENT CALENDAR Chang moved and Sinks seconded to approve the items on the Consent Calendar as presented. Ayes: Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the September 19 City Council minutes Recommended Action: Approve the September 19 City Council minutes 3. Subject: Award and authorize the City Manager to execute a construction contract for the Retaining Wall Replacement-Regnart Road Project (Project No. 2017-12) Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the Retaining Wall Replacement -Regnart Road Project with DMZ Builders in the amount of $343,133; and 2. Authorize a construction contingency budget of $34,000, approximately 10% of the contract amount, to address unforeseen conditions during construction, for a total of $377,133 4. Subject: Cancel the January 2, 2018 City Council meeting Recommended Action: Cancel the January 2, 2018 City Council meeting 5. Subject: Receive report on commissions and committees with terms expiring January 30, 2018, and select an application deadline date of January 12, 2018 and interview dates of January 22 and 23, 2018. Recommended Action: a.) Receive report on commissions and committees with terms expiring January 30, 2018; and b.) Set the application deadline date of 4:30 p.m. on Friday, January 12, 2018 and interviews beginning at 5:00 p.m. on Monday and Tuesday, January 22 and 23 for commissions with terms expiring January 30, 2018. SECOND READING OF ORDINANCES 6. Subject: Second Reading of Ordinance 17-2168 adding Chapter 14.02 to the Cupertino Municipal Code to Adopt and Implement the City's Transportation Impact Fee Program 19 City Council Minutes October 3, 2017 4 Recommended Action: Conduct the second reading and enact Ordinance No. 17-2168: "An Ordinance of the City Council of the City of Cupertino adding Chapter 14.02 to the Cupertino Municipal Code to Adopt and Implement the City's Transportation Impact Fee Program" Deputy City Clerk Kirsten Squarcia read the title of the ordinance. Jennifer Griffin talked about requiring developer fees for impacts of new traffic from a development. Cathy Helgerson talked about traffic and potential impacts relating to the Apple Campus 2, The Oaks, and Good Year Tire sites. Staff answered questions from Council. Chang moved and Sinks seconded to read Ordinance No. 17 -2168 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent: None. Chang moved and Sinks seconded to enact Ordinance No. 17-2168. Ayes: Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS 7. Subject: Approval of the Library Commission's recommendation of Kaecey McCormick for the appointment of the new Cupertino Poet Laureate Recommended Action: Adopt Resolution No. 17-096 approving the Library Commission recommendation and appoint the new Cupertino Poet Laureate Jean Bedord talked about the creation of the Cupertino Poet Laureate position. Library Commission Vice Chair Christie Wang made a short presentation and introduced Kaecey McCormick as the new Cupertino Poet Laureate. Kaecey McCormick talked about her background and read one of her poems. 20 City Council Minutes October 3, 2017 5 Sinks moved and Chang seconded to adopt Resolution No. 17-096 approving the Library Commission recommendation and appointing the new Cupertino Poet Laureate. The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 8. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 8:26 p.m., Mayor Vaidhyanathan adjourned the meeting in memory of the victims and families of the recent mass-shooting in Las Vegas, Nevada. ________________________________ Kirsten Squarcia, Deputy City Clerk 21 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3096 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/5/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Accept Accounts Payable for the period ending September 8, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Accept Accounts Payable for the period ending September 8, 2017 Adopt Resolution No. 17-097 accepting Accounts Payable for the period ending September 8, 2017 CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™22 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING September 08, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Beth G. Viajar Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 23 24 25 26 27 28 29 30 31 32 33 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3097 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/5/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Accept Accounts Payable for the period ending September 15, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Accept Accounts Payable for the period ending September 15, 2017 Adopt Resolution No. 17-098 accepting Accounts Payable for the period ending September 15, 2017 CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™34 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING September 15, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Beth G. Viajar Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 35 36 37 38 39 40 41 42 43 44 45 46 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3098 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/5/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Accept Accounts Payable for the period ending September 22, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Accept Accounts Payable for the period ending September 22, 2017 Adopt Resolution No. 17-099 accepting Accounts Payable for the period ending September 22, 2017 CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™47 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING September 22, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Beth G. Viajar Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3100 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/5/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Accept Accounts Payable for the period ending September 29, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Accept Accounts Payable for the period ending September 29, 2017 Adopt Resolution No. 17-100 accepting Accounts Payable for the period ending September 29, 2017 CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™71 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING September 29, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: _____________________________ Beth G. Viajar Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 72 73 74 75 76 77 78 79 80 81 82 83 84 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3117 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/9/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and authorize an additional full-time equivalent (FTE) position in the City Attorney’s Office (“CAO”) Sponsors: Indexes: Code sections: Attachments:Staff report A - Draft Resolution B - Unrepresented Comp - Redlined C - Unrepresented Comp - Clean Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and authorize an additional full-time equivalent (FTE) position in the City Attorney’s Office (“CAO”) 1. Adopt Resolution No. 17-101 to: a. Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and b. Increase FTE in the City Attorney’s Office from 4 FTE to 5 FTE by adding a Senior Assistant City Attorney position. CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™85 OFFICE OF THE CITY ATTORNEY 20410 TOWN CENTER LANE, SUITE 210 • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3403 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 17, 2017 Subject Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program; and authorize an additional full-time equivalent (FTE) position in the City Attorney’s Office (“CAO”). Recommended Action 1. Adopt a Resolution to: a. Add a Senior Assistant City Attorney classification to the Unrepresented Compensation Program. b. Increase FTE in the City Attorney’s Office from 4 FTE to 5 FTE by adding a Senior Assistant City Attorney position. Description Currently, the CAO consists of the City Attorney, one full-time Assistant City Attorney (limited term), one full-time Deputy City Attorney (limited term), and one full-time Legal Services Manager. During FY 2016-17 the CAO continued to improve its efficiency by operating at twenty - seven percent (27%) under the adopted budget which included contingencies for anticipated litigation. This resulted in a total savings of $494,571.78. Although part of the savings was achieved by the CAO operating the majority of the year without the support of a Legal Services Manager and an Administrative Assistant, approximately eighty percent (80%) of the reduction in office expenditures was due to a more judicious use of outside counsel. To continue this direction, the City Attorney recommends the addition of one full-time Senior Assistant City Attorney position. The Senior Assistant City Attorney position will assist with the supervision of the Assistant City Attorney and Deputy City At torney, and will be tasked with matters involving a higher profile which may include a heightened level of liability exposure or risk, requiring a high level of legal service . The position will assist City departments in a variety of subject areas including but not limited to the following: 86 Tort Claims Act, Brown Act, Public Records Act, Political Reform Act and conflicts of interest, land use and planning, housing, public contracts, employment practices, telecommunications, and policies & procedures; Principles and practices of government and government programs including industry standards/best practices in assigned area (s) of responsibility which may include but is not limited to Community Development (Housing and Planning), Human Resources, Public Works, City Clerk, Information Technology, Finance, and Recreation and Community Services. After the addition of the new position, it is anticipated that the CAO will consist of the following: City Attorney, one full-time Senior Assistant City Attorney, one full-time Assistant City Attorney, one full-time Deputy City Attorney (limited term), and one full- time Legal Services Manager. Fiscal Impact As this is a new position in the City Attorney’s Office, the fiscal impact in FY17/18 will be a total of $129,697 and an ongoing cost of $270,091 in FY18/19, which staff anticipates will be offset by the aforementioned budget savings. Prepared by: Randolph Hom, City Attorney Reviewed by: Laura Miyakawa, Human Resources Analyst II Approved for Submission by: David Brandt, City Manager Attachments: A‐ Draft Resolution Adopting additional classification in the Unrepresented Compensation program and FTE in the City Attorney’s Office B- Unrepresented Compensation Program Redlined C- Unrepresented Compensation Program Clean 87 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO ADD A SENIOR ASSISTANT CITY ATTORNEY CLASSIFICATION TO THE UNREPRESENTED COMPENSATION PROGRAM AND INCREASE FTE IN THE CITY ATTORNEY’S OFFICE FROM 4 FTE TO 5 FTE BY ADDING A SENIOR ASSISTANT CITY ATTORNEY POSITION WHEREAS, the recruitment and hiring of top quality employees is essential to the efficient operation of the City of Cupertino; and WHEREAS, it has been determined to add the following classification in the Unrepresented Compensation Program and FTE in the City Attorney’s Office: Classification Step 1 Step 2 Step 3 Step 4 Step 5 SENIOR ASSISTANT CITY ATTORNEY $82.70 $86.83 $91.17 $95.73 $100.52 BE IT FURTHER RESOLVED that the City Council of the City of Cupertino hereby approves the additional classification and FTE position. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor City of Cupertino 88 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 Director of Recreation and Community Services 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 89 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 Emergency Services Coordinator 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 Manager Human Resources Technician Information Technology Assistant Innovation and Technology Manager – Applications Innovation and Technology Manager - Infrastructure Legal Services Manager Management Analyst Network SpecialistPark 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 Assistant City Attorney Senior Civil Engineer Senior Management Analyst Service Center Superintendent Sustainability Manager Transportation Manager Web Specialist 90 3 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, 11/16, 6/17, 10/17 91 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 October 1, 2016, 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 92 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. 93 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 94 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. 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. 95 8 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. D. Training Sessions 96 9 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 97 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 Transportation Manager 250.00 Assistant Director of Recreation and Community Services 200.00 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 98 11 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, 11/16, 6/17 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 99 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, 10/16 100 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. 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 September 16, 1974 Revised 101 14 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, 10/16 102 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, 7/13 103 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, 10/16 104 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, 7/99 105 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 October 1, 2016, 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. EffectiveOctober 1, 2016, 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, 10/16 106 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, 10/16 107 20 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE The department heads shall receive eighty (80) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive forty (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, 10/16 108 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 109 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, 10/16 110 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, 10/15 111 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, 10/12 112 25 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 18 WORK OUT 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 113 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. ) Amended 10/18/16 (Res. No. ) Amended 11/15/16 (Res. No. ) Amended 6/20/17 (Res. No. ) Amended 10/17/17 (Res. No. ) 114 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 $72.59 $76.22 $80.03 $84.03 $88.23 ASSISTANT CITY MGR - COMM DEV $91.09 $95.65 $100.43 $105.45 $110.72 ASSISTANT DIRECTOR COMM DEV $63.34 $66.50 $69.83 $73.32 $76.98 ASSISTANT TO THE CITY MANAGER $50.97 $53.52 $56.19 $59.00 $61.95 ASST DIR PUBLIC WORKS $67.80 $71.19 $74.75 $78.48 $82.41 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 COMMUNITY RELATIONS COORDINATOR $36.75 $38.59 $40.52 $42.55 $44.67 DEPARTMENT HEAD $78.19 $82.10 $86.21 $90.52 $95.04 DEPUTY BUILDING OFFICIAL $53.64 $56.32 $59.13 $62.09 $65.19 DEPUTY CITY ATTORNEY $52.23 $54.84 $57.58 $60.46 $63.48 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 $82.81 $86.95 $91.30 $95.86 $100.66 ECONOMIC DEVELOPMENT MANAGER $59.00 $61.95 $65.04 $68.29 $71.71 ENVIRONMENTAL PROGRAMS MANAGER $50.21 $52.72 $55.36 $58.13 $61.03 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 $41.97 $44.06 I.T. ASSISTANT $34.15 $35.85 $37.65 $39.53 $41.51 INFORMATION TECHNOLOGY MANAGER $59.39 $62.36 $65.48 $68.75 $72.19 LEGAL SERVICES MANAGER $37.07 $38.93 $40.87 $42.92 $45.06 MANAGEMENT ANALYST $42.02 $44.12 $46.33 $48.64 $51.07 115 28 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 PLANNING MANAGER $59.63 $62.61 $65.74 $69.03 $72.48 PUBLIC AFFAIRS MANAGER $52.18 $54.79 $57.53 $60.41 $63.43 PUBLIC INFORMATION OFFICER $50.97 $53.52 $56.19 $59.00 $61.95 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 $50.21 $52.72 $55.36 $58.13 $61.03 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 $82.87 $87.02 $91.37 ASSISTANT CITY MGR - COMM DEV $97.44 $102.31 $107.43 $112.80 $118.44 ASSISTANT DIRECTOR COMM DEV $68.01 $71.41 $74.98 $78.73 $82.67 ASSISTANT TO THE CITY MANAGER $54.73 $57.47 $60.34 $63.36 $66.52 ASST DIR PUBLIC WORKS $72.52 $76.15 $79.95 $83.95 $88.15 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 $66.03 $69.33 $72.80 $76.44 $80.26 COMMUNITY RELATIONS COORDINATOR $37.95 $39.84 $41.84 $43.93 $46.12 DEPARTMENT HEAD $83.96 $88.16 $92.57 $97.20 $102.06 DEPUTY BUILDING OFFICIAL $55.38 $58.15 $61.06 $64.11 $67.31 DEPUTY CITY ATTORNEY $54.09 $56.79 $59.63 $62.61 $65.74 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 $88.58 $93.01 $97.66 $102.54 $107.67 ECONOMIC DEVELOPMENT MANAGER $60.91 $63.96 $67.16 $70.51 $74.04 ENVIRONMENTAL PROGRAMS MANAGER $53.92 $56.61 $59.44 $62.42 $65.54 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 $45.05 116 29 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 $61.32 $64.39 $67.61 $70.99 $74.54 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 INNOVATION AND TECHNOLOGY MANAGER - INFRASTRUCTURE $61.32 $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 PLANNING MANAGER $61.57 $64.64 $67.88 $71.27 $74.83 PUBLIC AFFAIRS MANAGER $53.88 $56.57 $59.40 $62.37 $65.49 PUBLIC INFORMATION OFFICER $54.73 $57.47 $60.34 $63.36 $66.52 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 $53.92 $56.61 $59.44 $62.42 $65.54 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 $80.90 $84.95 $89.19 $93.65 ASSISTANT CITY MGR - COMM DEV $99.87 $104.87 $110.11 $115.62 $121.40 ASSISTANT DIRECTOR COMM DEV $71.45 $75.03 $78.78 $82.72 $86.85 ASSISTANT TO THE CITY MANAGER $57.33 $60.20 $63.21 $66.37 $69.69 ASST DIR PUBLIC WORKS $74.33 $78.05 $81.95 $86.05 $90.35 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 $60.04 117 30 CITY CLERK $56.72 $59.56 $62.54 $65.67 $68.95 CITY ENGINEER $67.68 $71.07 $74.62 $78.35 $82.27 COMMUNITY RELATIONS COORDINATOR $38.90 $40.84 $42.88 $45.03 $47.28 DEPARTMENT HEAD $88.21 $92.62 $97.25 $102.12 $107.22 DEPUTY BUILDING OFFICIAL $56.76 $59.60 $62.58 $65.71 $69.00 DEPUTY CITY ATTORNEY $55.44 $58.21 $61.12 $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 DIRECTOR OF PUBLIC WORKS $90.79 $95.33 $100.10 $105.11 $110.36 ECONOMIC DEVELOPMENT MANAGER $62.44 $65.56 $68.84 $72.28 $75.89 ENVIRONMENTAL PROGRAMS MANAGER $56.45 $59.27 $62.23 $65.34 $68.61 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 $62.86 $66.00 $69.30 $72.76 $76.40 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 INNOVATION AND TECHNOLOGY MANAGER - INFRASTRUCTURE $62.86 $66.00 $69.30 $72.76 $76.40 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 PLANNING MANAGER $63.10 $66.26 $69.57 $73.05 $76.70 PUBLIC AFFAIRS MANAGER $55.22 $57.98 $60.88 $63.93 $67.12 PUBLIC INFORMATION OFFICER $57.33 $60.20 $63.21 $66.37 $69.69 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 $56.45 $59.27 $62.23 $65.34 $68.61 WEB SPECIALIST $42.13 $44.24 $46.45 $48.77 $51.21 118 31 Amended November 15, 2016 Salary Effective November 15, 2016 Classification Step 1 Step 2 Step 3 Step 4 Step 5 ASSISTANT DIRECTOR REC AND COMMUNITY SERVICES $63.34 $66.50 $69.83 $73.32 $76.98 Salary Effective First Full Pay Period in July 2017 ASSISTANT DIRECTOR REC AND COMMUNITY SERVICES $68.01 $71.41 $74.98 $78.73 $82.67 Salary Effective First Full Pay Period in July 2018 ASSISTANT DIRECTOR REC AND COMMUNITY SERVICES $71.45 $75.03 $78.78 $82.72 $86.85 Amended June 20, 2017 Amended October 17, 2017 Salary Effective First Full Pay Period in July 2017 EMERGENCY SERVICES COORDINATOR $37.95 $39.84 $41.84 $43.93 $46.12 INNOVATION AND TECHNOLOGY MANAGER - APPLICATIONS $61.32 $64.39 $67.61 $70.99 $74.54 TRANSPORTATION MANAGER $66.03 $69.33 $72.80 $76.44 $80.26 Salary Effective First Full Pay Period in July 2018 EMERGENCY SERVICES COORDINATOR $38.90 $40.84 $42.88 $45.03 $47.28 INNOVATION AND TECHNOLOGY MANAGER - APPLICATIONS $62.86 $66.00 $69.30 $72.76 $76.40 TRANSPORTATION MANAGER $67.68 $71.07 $74.62 $78.35 $82.27 Salary Effective October 17, 2017 SENIOR ASSISTANT CITY ATTORNEY $82.70 $86.83 $91.17 $95.73 $100.52 Salary Effective First Full Pay Period in July 2018 SENIOR ASSISTANT CITY ATTORNEY $84.76 $89.00 $93.45 $98.12 $103.03 119 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 Director of Recreation and Community Services 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 120 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 Emergency Services Coordinator 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 Manager Human Resources Technician Information Technology Assistant Innovation and Technology Manager – Applications Innovation and Technology Manager - Infrastructure Legal Services Manager Management Analyst Network SpecialistPark 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 Assistant City Attorney Senior Civil Engineer Senior Management Analyst Service Center Superintendent Sustainability Manager Transportation Manager Web Specialist 121 3 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, 11/16, 6/17, 10/17 122 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 October 1, 2016, 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, 10/16 123 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. 124 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 125 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. 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. 126 8 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. D. Training Sessions 127 9 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, 12/07,7/10 128 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 Transportation Manager 250.00 Assistant Director of Recreation and Community Services 200.00 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 129 11 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, 11/16, 6/17 130 12 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 7/92 131 13 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 f orty 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, 10/16 132 14 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. 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 September 16, 1974 Revised 133 15 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, 10/16 134 16 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, 7/13 135 17 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, 10/16 136 18 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, 7/99 137 19 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 October 1, 2016, 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. EffectiveOctober 1, 2016, 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, 10/16 138 20 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, 10/16 139 21 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 13 ADMINISTRATIVE LEAVE The department heads shall receive eighty (80) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive forty (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, 10/16 140 22 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 141 23 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, 10/16 142 24 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, 10/15 143 25 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, 10/12 144 26 City of Cupertino UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM Policy No. 18 WORK OUT 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 saving s 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 145 27 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. ) Amended 10/18/16 (Res. No. ) Amended 11/15/16 (Res. No. ) Amended 6/20/17 (Res. No. ) Amended 10/17/17 (Res. No. ) 146 28 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 $72.59 $76.22 $80.03 $84.03 $88.23 ASSISTANT CITY MGR - COMM DEV $91.09 $95.65 $100.43 $105.45 $110.72 ASSISTANT DIRECTOR COMM DEV $63.34 $66.50 $69.83 $73.32 $76.98 ASSISTANT TO THE CITY MANAGER $50.97 $53.52 $56.19 $59.00 $61.95 ASST DIR PUBLIC WORKS $67.80 $71.19 $74.75 $78.48 $82.41 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 COMMUNITY RELATIONS COORDINATOR $36.75 $38.59 $40.52 $42.55 $44.67 DEPARTMENT HEAD $78.19 $82.10 $86.21 $90.52 $95.04 DEPUTY BUILDING OFFICIAL $53.64 $56.32 $59.13 $62.09 $65.19 DEPUTY CITY ATTORNEY $52.23 $54.84 $57.58 $60.46 $63.48 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 $82.81 $86.95 $91.30 $95.86 $100.66 ECONOMIC DEVELOPMENT MANAGER $59.00 $61.95 $65.04 $68.29 $71.71 ENVIRONMENTAL PROGRAMS MANAGER $50.21 $52.72 $55.36 $58.13 $61.03 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 $41.97 $44.06 I.T. ASSISTANT $34.15 $35.85 $37.65 $39.53 $41.51 INFORMATION TECHNOLOGY MANAGER $59.39 $62.36 $65.48 $68.75 $72.19 LEGAL SERVICES MANAGER $37.07 $38.93 $40.87 $42.92 $45.06 MANAGEMENT ANALYST $42.02 $44.12 $46.33 $48.64 $51.07 147 29 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 PLANNING MANAGER $59.63 $62.61 $65.74 $69.03 $72.48 PUBLIC AFFAIRS MANAGER $52.18 $54.79 $57.53 $60.41 $63.43 PUBLIC INFORMATION OFFICER $50.97 $53.52 $56.19 $59.00 $61.95 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 $50.21 $52.72 $55.36 $58.13 $61.03 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 $82.87 $87.02 $91.37 ASSISTANT CITY MGR - COMM DEV $97.44 $102.31 $107.43 $112.80 $118.44 ASSISTANT DIRECTOR COMM DEV $68.01 $71.41 $74.98 $78.73 $82.67 ASSISTANT TO THE CITY MANAGER $54.73 $57.47 $60.34 $63.36 $66.52 ASST DIR PUBLIC WORKS $72.52 $76.15 $79.95 $83.95 $88.15 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 $66.03 $69.33 $72.80 $76.44 $80.26 COMMUNITY RELATIONS COORDINATOR $37.95 $39.84 $41.84 $43.93 $46.12 DEPARTMENT HEAD $83.96 $88.16 $92.57 $97.20 $102.06 DEPUTY BUILDING OFFICIAL $55.38 $58.15 $61.06 $64.11 $67.31 DEPUTY CITY ATTORNEY $54.09 $56.79 $59.63 $62.61 $65.74 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 $88.58 $93.01 $97.66 $102.54 $107.67 ECONOMIC DEVELOPMENT MANAGER $60.91 $63.96 $67.16 $70.51 $74.04 ENVIRONMENTAL PROGRAMS MANAGER $53.92 $56.61 $59.44 $62.42 $65.54 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 $45.05 148 30 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 $61.32 $64.39 $67.61 $70.99 $74.54 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 INNOVATION AND TECHNOLOGY MANAGER - INFRASTRUCTURE $61.32 $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 PLANNING MANAGER $61.57 $64.64 $67.88 $71.27 $74.83 PUBLIC AFFAIRS MANAGER $53.88 $56.57 $59.40 $62.37 $65.49 PUBLIC INFORMATION OFFICER $54.73 $57.47 $60.34 $63.36 $66.52 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 $53.92 $56.61 $59.44 $62.42 $65.54 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 $80.90 $84.95 $89.19 $93.65 ASSISTANT CITY MGR - COMM DEV $99.87 $104.87 $110.11 $115.62 $121.40 ASSISTANT DIRECTOR COMM DEV $71.45 $75.03 $78.78 $82.72 $86.85 ASSISTANT TO THE CITY MANAGER $57.33 $60.20 $63.21 $66.37 $69.69 ASST DIR PUBLIC WORKS $74.33 $78.05 $81.95 $86.05 $90.35 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 $60.04 149 31 CITY CLERK $56.72 $59.56 $62.54 $65.67 $68.95 CITY ENGINEER $67.68 $71.07 $74.62 $78.35 $82.27 COMMUNITY RELATIONS COORDINATOR $38.90 $40.84 $42.88 $45.03 $47.28 DEPARTMENT HEAD $88.21 $92.62 $97.25 $102.12 $107.22 DEPUTY BUILDING OFFICIAL $56.76 $59.60 $62.58 $65.71 $69.00 DEPUTY CITY ATTORNEY $55.44 $58.21 $61.12 $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 DIRECTOR OF PUBLIC WORKS $90.79 $95.33 $100.10 $105.11 $110.36 ECONOMIC DEVELOPMENT MANAGER $62.44 $65.56 $68.84 $72.28 $75.89 ENVIRONMENTAL PROGRAMS MANAGER $56.45 $59.27 $62.23 $65.34 $68.61 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 $62.86 $66.00 $69.30 $72.76 $76.40 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 INNOVATION AND TECHNOLOGY MANAGER - INFRASTRUCTURE $62.86 $66.00 $69.30 $72.76 $76.40 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 PLANNING MANAGER $63.10 $66.26 $69.57 $73.05 $76.70 PUBLIC AFFAIRS MANAGER $55.22 $57.98 $60.88 $63.93 $67.12 PUBLIC INFORMATION OFFICER $57.33 $60.20 $63.21 $66.37 $69.69 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 $56.45 $59.27 $62.23 $65.34 $68.61 WEB SPECIALIST $42.13 $44.24 $46.45 $48.77 $51.21 150 32 Amended November 15, 2016 Salary Effective November 15, 2016 Classification Step 1 Step 2 Step 3 Step 4 Step 5 ASSISTANT DIRECTOR REC AND COMMUNITY SERVICES $63.34 $66.50 $69.83 $73.32 $76.98 Salary Effective First Full Pay Period in July 2017 ASSISTANT DIRECTOR REC AND COMMUNITY SERVICES $68.01 $71.41 $74.98 $78.73 $82.67 Salary Effective First Full Pay Period in July 2018 ASSISTANT DIRECTOR REC AND COMMUNITY SERVICES $71.45 $75.03 $78.78 $82.72 $86.85 Amended June 20, 2017 Amended October 17, 2017 Salary Effective First Full Pay Period in July 2018 Salary Effective First Full Pay Period in July 2017 EMERGENCY SERVICES COORDINATOR $37.95 $39.84 $41.84 $43.93 $46.12 INNOVATION AND TECHNOLOGY MANAGER - APPLICATIONS $61.32 $64.39 $67.61 $70.99 $74.54 TRANSPORTATION MANAGER $66.03 $69.33 $72.80 $76.44 $80.26 Salary Effective First Full Pay Period in July 2018 EMERGENCY SERVICES COORDINATOR $38.90 $40.84 $42.88 $45.03 $47.28 INNOVATION AND TECHNOLOGY MANAGER - APPLICATIONS $62.86 $66.00 $69.30 $72.76 $76.40 TRANSPORTATION MANAGER $67.68 $71.07 $74.62 $78.35 $82.27 Salary Effective October 17, 2017 SENIOR ASSISTANT CITY ATTORNEY $82.70 $86.83 $91.17 $95.73 $100.52 SENIOR ASSISTANT CITY ATTORNEY $84.76 $89.00 $93.45 $98.12 $103.03 151 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3118 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/9/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Establishment of a Friendship City Relationship Sponsors: Indexes: Code sections: Attachments:Staff Report A – Tongxiang Friendship City Application B – PowerPoint Presentation of Cupertino Delegate Visit to Tongxiang Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Establishment of a Friendship City Relationship Approve one application establishing a Friendship City relationship with Tongxiang City, Zhejiang Province, People’s Republic of China CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™152 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 17, 2017 Subject Establishment of a Friendship City Relationship Recommended Action Approve one application establishing a Friendship City relationship with Tongxiang, People’s 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 made it available to interested parties. To date, the City Council has established twenty-six (26) Friendship City relationships. In September, the City of Tongxiang requested a City of Cupertino representative for a large gathering of international cities. Sustainability Commissioner Angela Chen, with the approval of the Mayor, attended the event as an official Cupertino representative and signed a Letter of Intent for Friendship City status. During the event, Tongxiang unveiled a miniaturized version of the City’s morion sculpture. The sculpture is now placed in Tongxiang’s 412-acre Phoenix Lake Park. 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. If the application is approved by Council, the Mayor would sign the agreement establishing Friendship City Designation between the City and the international municipality. The agreement would expire in two years unless renewed. 153 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. Fiscal Impact The policy establishes Friendship Cities differently from Sister Cities. Friends hip 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. _____________________________________ Prepared by: Brian Babcock, Public Information Officer Reviewed by: Jaqui Guzmán, Deputy City Manager Approved for Submission by: David Brandt, City Manager Attachments: A – Tongxiang Friendship City Application B – PowerPoint Presentation of Cupertino Delegate Visit to Tongxiang 154 CUPERTINO FRIENDSHIP CITIES PROGRAM APPLICATION FOR DESIGNATION 1. Name and Country of the proposed Friendship City: Tongxiang City, Zhejiang Province, People’s Republic of China 2. Friendship City Committee: Cupertino-Tongxiang Friendship City Association 3. Today’s date: October 09, 2017 4. Name of person requesting relationship: YIZE LI Title: President Affiliation: Cupertino – Tongxiang Friendship City Association Address: 282 Killdeer Ct, Foster City, 94404 Phone: 909-918-9388 Email: lidongsf@gmail.com Name of person requesting relationship: Marisol Wang Title: Vice President Affiliation: Cupertino – Tongxiang Friendship City Association Address: 830 Shooting Star Ter, Sunnyvale, CA 94086 Phone: 469-615-0188 Email: yixinwangsol@gmail.com 5. City of Cupertino Sponsor: Former Mayor / Council member Barry Chang 6. Tongxiang City Mayor: WANG, SHENFENG 王申峰 7. RATIONALE: Tongxiang is a city located in northern Zhejiang Province at the geographical center of the Shanghai-Hangzhou-Suzhou (Huhangsu) triangle within the Huhangsu one- hour economic circle. Thanks to its premium geographical location with a comprehensive transportation network, the city enjoys a great market potential for the development of local industries and a favorable pattern for its synergistic industrial development with surrounding first- tier cities through sharing and exchange of resources, essential productive factors and professional talents. 155 The city is paying much of the attention to keep the economic in a very nice and attractive point. In the mean time, the government is focusing on high technology development. They would like to learn more from Cupertino. Cupertino can benefit from the high tech business and other businesses. 8. RESOURCES: The Association will attend the future activities with City of Cupertino like: G-50 Global Smart City Summit event and Tell the story to the world about your city events. We will not ask for funding from City of Cupertino. 9. PROFILE: Tongxiang has been long known as the land of fish and rice, the home of silk, and a place of beautiful scenery and rich cultural heritage. The city boasts many historic and cultural sites, including the riverside ancient town Wuzhen, the famous Fuyan Temple, the former residence of Mao Dun – a renowned novelist, YuanYuanTang – the former residence of artist Feng Zikai, and the Juntao Art Institute in honor of artist Qian Juntao. Tongxiang is also known for its splendid legacies of the Majiabang and Liangzhu Cultures of the Neolithic Age and a water town culture nurtured by rivers and canals. Today, Tongxiang is increasingly engaging itself. 10. Tongxiang New Industry Development Zone The Tongxiang Municipal Government always adopts an enterprise-oriented approach and provides support for businesses in every stage of development through a one-stop administrative system, with positive actions to implement supporting policies, reduce the burden on enterprises, develop industrial clusters and attract excellent professionals. As the initiator of a three-in-one governance pattern (i.e. a combination of rule by law, rule by morality and selfgovernance) in China, Tongxiang has been trying to involve more civil forces to improve its public services and is growing into an important investment destination with unique competitive advantages in the Yangtze River Delta region. Having retained its historic charm and vigor, Tongxiang is now shining more brilliantly than ever. With the aim of building a city performing excellent in manufacturing, services and internet economy, it has been striving to develop into an 156 influential ″city of innovation″, enabling business development and entrepreneurship in the Yangtze River Delta region. 11. ADDITIONAL INFORMATION: None. 157 z 相 约 9 月 相 聚 桐 乡Meet in Tongxiang in september 库比蒂诺市代表团桐乡活动掠影 A glimpse of Cupertino delegation in Tongxiang158 2017年9月24日下午,桐乡市长王申峰接见安吉拉 · 陈专员一行 In the afternoon of September 24, 2017，Ms. Wang Shenfeng, Mayor of Tongxiang, met with Commissioner Angela Chen and other Sillicon Valley guests 159 在“聚焦桐乡·相约乌镇”2017年国际经贸 洽谈会上，两市签署了友好城市意向书和友 好交流关系协议书。 On the "Focus on Tongxiang ·Converge in Wuzhen“2017 international economic and Trade Fair, Tongxiang and Cupertino signed the letter of intent and friendly exchanges relationship agreement. 160 安吉拉.陈等一行参加“聚焦桐乡·相 约乌镇”2017年国际经贸洽谈会开幕式 Angela Chen on the Opening Ceremony of "Focus on Tongxiang · Converge in Wuzhen“ 2017 international economic and Trade Fair 161 同日下午，象征着两市友好、友谊的纪念雕塑在桐 乡市凤凰湖揭幕。桐乡市委常委、常务副市长冯中 海，美国加利福尼亚州库比蒂诺市可持续发展专员 安吉拉·陈共同为纪念雕塑揭幕。 In the same afternoon,the memorial sculpture symbolizing the friendship of the two cities was unveiled in Tongxiang Phoenix Lake Park.Feng Zhenghai, Executive vice mayor of Tongxiang Municipal People’s Government and the Cupertino Sustainability Commissioner Angela Chen jointly unveiled the memorial sculpture. 162 纪念雕塑揭幕现场 Unveiling ceremony of memorial sculpture 163 Other related photos其它相关照片 164 凤凰湖简介 凤凰湖位于桐乡市振东新区核心位置，是 “浙江省十大 特色湿地”。凤凰湖景区占地2500亩 ，中心湖区面积 886亩。整个凤凰湖区域被划分成了自然生态区、运动 湖区、生 态净化区、水生花卉观赏区、水下森林观赏 区、深度净化区和太阳能曝气区七大功能区块，是一 个节约型、生态型、环保型的生态公园。 Located at the core of Tongxiang Zhendong new District, Phoenix Lake park is one of "ten characteristic wetlands in Zhejiang province".The Phoenix Lake Park covers an area of 411.8 acres,with the central lake area of near 146 acres. The whole area of the Phoenix Lake is divided into 7 functional districts,which are natural ecological area, sports lake area,ecological purifying area,aquatic flower area,underwater forest area,deep purifying area and solar aeration area.It is an economical,ecological and environment-friendly park. About Phoenix Lake Park 165 纪念雕塑简介 桐乡市·库比蒂诺市缔结友好交流关系纪念雕塑就坐落于美丽的凤凰湖。雕塑上半部分取材铁件， 造型来源为库比蒂诺市城市雕塑；下面基座取材大理石，造型来源为桐乡市良渚时期（距今约 5000年）文化代表——玉琮。雕塑前面印有：桐乡市.库比蒂诺市（中英文），背后印有： 2017年9月缔结友好交流关系。 该雕塑完美地聚合了双方的城市标志与文化蕴含，寓意两市友谊天长地久。 Memorial sculpture of Tongxiang and Cupertino Friendly exchanges relationship is located in the beautiful Phoenix Lake Park.The upper part of the sculpture made of iron pieces is originates from the city sculpture of Cupertino City and the base made of marble is from Jade Cong, the cultural representative of Tongxiang In Liangzhu culture period (about 5,000 years ago).In front of the sculpture are”Tongxiang.Cupertino City”, while in the behind are” friendly exchange relationship established in September 2017”, both in Chinese and English. The sculpture is a perfect combination of city logo and cultural implication of both parties,meaning of everlasting friendship. Brief Introduction of Memorial sculpture 166 谢谢 Thank You 167 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:217-2772 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/5/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Application for Alcohol Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road Sponsors: Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council10/17/2017 2 Subject: Application for Alcohol Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™168 CITY COUNCIL STAFF REPORT Meeting: October 17, 2017 Subject Application for Alcoholic Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road, Suite A. Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Beijing Pavilion Inc (dba Taste Good Cupertino), 20916 Homestead Road, Suite A. Description Name of Business: Beijing Pavilion Inc (dba Taste Good Cupertino) Location: 20916 Homestead Road, Suite A Type of Business: Restaurant Type of License: 41 – On-Sale Beer & Wine – Eating Place (Restaurant) Reason for Application: Annual Fees, Original Fees Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed. Therefore, staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and wine for consumption on or off the premises where sold. This business is located at 20916 Homestead Road, Suite A. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Ellen Yau, Assistant Planner, Planning Department Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 169 170 171 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3081 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/2/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Application for Alcohol Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard Sponsors: Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Application for Alcohol Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™172 CITY COUNCIL STAFF REPORT Meeting: October 17, 2017 Subject Application for Alcoholic Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard. Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Sand Hill Hotel Management, LLC (dba Residence Inn Cupertino), 19429 Stevens Creek Boulevard. Description Name of Business: Residence Inn Cupertino Location: 19429 Stevens Creek Boulevard Type of Business: Restaurant Type of License: 47 – On-Sale General – Eating Place (Restaurant) Reason for Application: Annual Fee, Premise to Premise Transfer, Person-to-Person Transfer Discussion A Conditional Use Permit for this business was approved by Planning Commission on June 13, 2017 to allow a separate bar facility and extended operating hours on Thursdays until 12:00 a.m., and Fridays and Saturdays until 2:00 a.m. On days with approved hours past 11 p.m., service to the outdoor patio is limited to midnight. There are no other zoning or use permit restrictions which would prohibit the sale of alcohol as proposed. Therefore, staff has no objection to the issuance of this license. License Type 47 authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises and authorizes the sale of beer and wine for consumption off the licenses premises. This business is located in Main Street Cupertino. Sustainability Impact None Fiscal Impact None _____________________________________ COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 173 Prepared by: Jeffrey Tsumura, Assistant Planner Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application 174 175 176 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3080 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/2/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Application for Alcohol Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634 Stevens Creek Boulevard Sponsors: Indexes: Code sections: Attachments:Staff Report A - Application Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Application for Alcohol Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634 Stevens Creek Boulevard Recommend approval to the California Department of Alcoholic Beverage Control of the application for Alcohol Beverage License for Boiling Fish, Inc (dba Boiling Fish), 19634 Stevens Creek Boulevard CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™177 CITY COUNCIL STAFF REPORT Meeting: October 17, 2017 Subject Application for Alcoholic Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634 Stevens Creek Boulevard. Recommended Action Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Boiling Fish, Inc. (dba Boiling Fish), 19634 Stevens Creek Boulevard. Description Name of Business: Boiling Fish Location: 19634 Stevens Creek Boulevard Type of Business: Restaurant Type of License: 47 – On-Sale General – Eating Place (Restaurant) Reason for Application: Person-to-Person Transfer, Annual Fee, Premise to Premise Transfer, Exchange Fees Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed. Therefore, staff has no objection to the issuance of this license. License Type 47 authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises and authorizes the sale of beer and wine for consumption off the licenses premises. This business is located in The Marketplace Shopping Center. Sustainability Impact None Fiscal Impact None _____________________________________ Prepared by: Jeffrey Tsumura, Assistant Planner Reviewed by: Benjamin Fu, Assistant Director of Community Development; Aarti Shrivastava, Assistant City Manager - Community Development and Strategic Planning Approved for Submission by: David Brandt, City Manager Attachment: A - Application COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org 178 179 180 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2959 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/23/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades-East Courts Light Conversion project (Project No. 2017-19.01) Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Contract Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades-East Courts Light Conversion project (Project No. 2017-19.01) 1. Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades-East Courts Light Conversion project with Nema Construction in the amount of $220,000; and 2. Authorize a construction contingency budget of $22,000, 10% of the contract amount, to address unforeseen conditions during construction, for a total of $242,000; and 3. Approve a budget appropriation in the amount of $470,000 in the Sports Center - Upgrades project (420-99-017) and the appropriation in the amount of $470,000 in transfers out from the Sport Center - Children’s Play Area project (570-99-032) CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™181 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 17, 2017 Subject Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades-East Courts Light Conversion project (Project No. 2017-19.01). Recommended Action 1. Award and authorize the City Manager to execute a construction contract for the Sports Center Upgrades-East Courts Light Conversion project with Nema Construction in the amount of $220,000; and 2. Authorize a construction contingency budget of $22,000, 10% of the contract amount, to address unforeseen conditions during construction, for a total of $242,000; and 3. Approve a budget appropriation in the amount of $470,000 in the Sports Center – Upgrades project (420-99-017) and the appropriation in the amount of $470,000 in transfers out from the Sport Center - Children’s Play Area project (570-99-032) Description The Sports Center Upgrades-East Courts Light Conversion project will remove existing tennis courts light fixtures on the Sports Center’s thirteen, east side courts and replace with new LED lights for energy efficiency, reduced maintenance, and improved performance. Discussion The existing 1000W high pressure sodium court lighting is not energy efficient and requires significant maintenance to replace bulbs. The new LED light fixtures will provide significant energy savings, reduce maintenance cost due to a longer life cycle, and improve court lighting performance. The project was advertised for bids on August 24th, 2017 and bids were opened on September 19, 2017. Six bids were received, with the low bid of $220,000 submitted by Nema Construction of Albany, California. The low bid was approximately 9.1% below the $240,000 engineer’s estimate. A bid from Columbia Electric, Inc. of San Leandro did not comply with the requirement to have the company’s Department of Industrial 182 Relations (DIR) number on the outside of the bid at the time it was submitted. The bid was found non-responsive and returned unopened. Bidder Bid Amount Engineers Estimate $240,000 Nema Construction $220,000 ARAM Electric, Inc. $229,000 General Lighting Services, Inc. $229,128 Vintage Construction, Inc. $231,000 Agbayani Construction Corp. $265,000 Columbia Electric, Inc. bid returned Staff recommends that Council award the contract to Nema Construction and authorize the City Manager to execute the construction contract for the Sports Center Upgrades- East Courts Light Conversion. The project is scheduled to begin in late October 2017 with completion in early January 2018. Sustainability Impact The new LED light fixtures will provide significant energy savings and reduce maintenance cost due to a longer life cycle. CEQA Exempt Fiscal Impact The FY 2016-2017 CIP budget for the Sports Center – Children’s Play Area (budget unit 570-99-032) will be utilized to implement this project. The Children’s Play Area project is no longer being pursued and the funding will be reallocated towards the Sports Center Upgrades project. No additional appropriation is needed. This project may qualify for a PG&E rebate of $26,000 and is estimated to save $10,000 annually through reduced energy consumption. _____________________________________ Prepared by: Bruce Biordi, Public Works Project Management Consultant Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Contract 183 SPORTS CENTER UPGRADES-EAST COURTS LIGHT CONTRACT CONVERSION 2017-19.01 Page 1 Contract This public works contract (“Contract”) is entered into by and between the City of Cupertino (“City”), a municipal corporation, and Nema Construction (“Contractor”), for work on the SPORTS CENTER UPGRADES-EAST COURTS LIGHT CONVERSION, PROJECT NO. 2017-19.01, Project (“Project”). The parties agree as follows: 1.Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A to perform the Work to construct the Project. On October 17, 2017, City authorized award of this Contract to Contractor for the amount of Contractor’s bid. 2.Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the following: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, Performance Bond and, if required, a Warranty Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Drawings and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 City of Cupertino Standard Details; and 2.14 No other documents. 3.Contractor’s Obligations. Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4.Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $ 220,000. (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5.Time for Completion. Contractor will fully complete the Work for the Project on or before January 1, 2018. By signing below, Contractor expressly waives any claim for delayed early completion. 6.Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $ 1,000.00 per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract. 7.Labor Code Compliance. 184 SPORTS CENTER UPGRADES-EAST COURTS LIGHT CONTRACT CONVERSION 2017-19.01 Page 2 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City will not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined under the Political Reform Act (Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or policy while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: (408) 777-3354 Attn: Director of Public Works Email: alexa@cupertino.org Copy to: Alex Acenas Contractor: Name: Nema Construction 185 SPORTS CENTER UPGRADES-EAST COURTS LIGHT CONTRACT CONVERSION 2017-19.01 Page 3 Address: 555 Pierce Street #1005 City/State/Zip: Albany, CA 94706 Phone: 510 525-2398 Attn: Mr. Ali Farahani Email: nema@post.com Copy to: Mr. Ali Farahani 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect. 12.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] 186 SPORTS CENTER UPGRADES-EAST COURTS LIGHT CONTRACT CONVERSION 2017-19.01 Page 4 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR Nema Construction CITY OF CUPERTINO A Municipal Corporation By ___________________________ Name Ali Farahani David Brandt Title Owner City Manager Date _______________________ Date________________________ By APPROVED AS TO FORM: Name_______________________ Title ____________________________ Date _______________________ Randolph S. Hom City Attorney Date____________________________ ATTEST: ____________________________ Grace Schmidt City Clerk Date___________________________ Contract Amount: $220,000.00 P.O. No. ________________________ Account No. 420-99-017-900-905-SPCT 004-03-01 END OF CONTRACT 187 ATTACHMENT A 188 189 190 191 192 193 194 195 196 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3094 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:10/4/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Amend Cupertino Municipal Code Chapter 11.24, “Standing, Stopping or Parking-Public Streets, Section 11.24.170, Limitation on Certain Streets”, to Establish 2-hour Parking on a Portion of Vallco Parkway Sponsors: Indexes: Code sections: Attachments:Staff Report A - Map of Proposed 2hr Parking B - Draft Ordinance Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Amend Cupertino Municipal Code Chapter 11.24, “Standing, Stopping or Parking- Public Streets, Section 11.24.170, Limitation on Certain Streets”, to Establish 2-hour Parking on a Portion of Vallco Parkway Conduct the first reading of Ordinance No. 17-2169: An Ordinance of the City Council of the City of Cupertino Amending Section 11.24.170, “Limitation on Certain Streets”, to Establish 2- hour Parking on a Portion of Vallco Parkway CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™197 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 17, 2017 Subject Amend Cupertino Municipal Code Chapter 11.24, “Standing, Stopping or Parking- Public Streets, Section 11.24.170, Limitation on Certain Streets”, to Establish 2-hour Parking on a Portion of Vallco Parkway. Recommended Actions Conduct the first reading of the Draft Ordinance No. 17-_____: An Ordinance of the City Council of the City of Cupertino Amending Section 11.24.170, “Limitation on Certain Streets”, to Establish 2-hour Parking on a Portion of Vallco Parkway. Background The residential mixed-use Nineteen800 project is located at the southeast corner of N. Wolfe Road and Vallco Parkway within the South Vallco Park Gateway of the Heart of the City Special Area and was completed in 2015. The development consist of 204 residential units and approximately 44,500 square feet of commercial space with 12 tenants. The Institute of Transportation Engineers (ITE) Trip Generation Handbook classifies 11 of the 12 commercial tenants as high turnover. Discussion KCR Development Corp, the owner of the Nineteen 800 development, has requested a 2-hour parking zone designation on the south side of Vallco Parkway, between North Wolfe Road and Perimeter Road between the hours of 7a.m and 5p.m. everyday. The 2 hour parking will impact 19 parking spaces which currently don’t have parking limitations. See Attachment A for a map of the affected area. The 2 hour parking will allow for the parking spaces to be turned over at a reasonable rate, consistent with the adjacent restaurant use. Sustainability Impact None. Fiscal Impact Cost for sign installation and parking enforcement will be absorbed into the City’s operation and maintenance budget. There is no additional fiscal impact. 198 ____________________________________ Prepared by: David Stillman, Transportation Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: Attachment A-Map of Proposed 2hr Parking Attachment B – Draft Ordinance 199 N. Wolfe RoadVallco Parkway Perimeter Road Proposed 2 hour Parking 200 ORDINANCE NO. 17- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 11.24, STOPPING, STANDING AND PARKING – PUBLIC STREETS, SECTION 11.24.170, LIMITATION ON CERTAIN STREETS TO ESTABLISH 2-HOUR PARKING ON A PORTION OF VALLCO PARKWAY WHEREAS, currently street parking in the area between Wolfe Road and Perimeter Road is not controlled by time limits; WHEREAS, this commercial area would benefit from reasonable street parking restrictions; NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN CHAPTER 11.24, SECTION 11.24.170 BE AMENDED TO INCLUDE THE FOLLOWING: Street Period of Time (Consecutive Minutes) Hours Side of Street Portion Exceptions Vallco Parkway 120 7:00a.m. to 5:00 p.m. South Between N. Wolfe Rd. and Perimeter Rd. None 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 publis hed and posted in lieu of publication and posting of the entire text. INTRODUCED at a regular meeting of the Cupertino City Council the 17th day of October 2017 and ENACTED at a regular meeting of the Cupertino City Council on this ____ day of ________________ 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 201 Attachment A ATTEST: APPROVED: __ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor 202 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3116 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:10/9/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Kidpool Pilot Project Sponsors: Indexes: Code sections: Attachments:Staff Report Draft Contract Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Kidpool Pilot Project Authorize the City Manager to execute a contract with Fremont Union High School District and Pogo, Inc. for use of a mobile application platform that facilitates parent carpooling CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™203 CITY COUNCIL STAFF REPORT Meeting: October 17, 2017 Subject Kidpool Pilot Project Recommended Action Authorize the City Manager to execute a contract with Fremont Union High School District and Pogo, Inc. for the use of a mobile application platform that facilitates parent carpooling. Description In the 2017 Biennial Community Survey, residents identified traffic as the biggest issue facing Cupertino. While the City is working with regional stakeholders to find solutions to this regional issue, there are opportunities to provide relief from local traffic congestion. One of the biggest traffic issues our residents are concerned with is traffic congestion around our local schools during pick up and drop off hours. The City of Cupertino is committed to sustainable solutions that reduce traffic congestion in our community. To this end, we have invested in a robust Safe Routes to School (SR2S) program that encourages walking and biking. Now, our local school districts have asked us to partner with them to enhance the effectiveness of SR2S using an innovative technology solution. The Kidpool Pilot Project will provide parents with a mobile platform to create and manage walk, bike, or car “kidpools” for school pick up and drop off as well as afterschool activities. The goal is to make it easy for busy parents to organize convenient, reliable alternative transportation options for their children. An effective parent carpool program has the potential to reduce traffic congestion around schools during peak hours as well as reduce GHG emissions to further the City’s Climate Action Plan (CAP) goals. Discussion Given their limited resources and staff capacity, the districts approached the City when a community member brought the idea of a parent carpool app to their attention. The City agreed to research parent carpool apps, establish a set of evaluation criteria to inform the vendor selection process, develop an outreach plan, propose a timeline, and develop a project evaluation plan. The district will assign a site administrator to manage the school group at each school site. The Fremont Union High School District (FUSD) agreed to pilot the project at Cupertino High School this fiscal year. Cupertino High was selected because of its strong SR2S program, congestion issues, and potential for expansion at nearby elementary school locations within the Cupertino Union School District (CUSD). CUSD is interested in the results of the pilot as a potential solution to traffic issues at their middles schools. They are considering extending the pilot to Hyde Middle School located near Cupertino High. CITY MANAGER’S OFFICE CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3202 (408) 777-3220 • FAX (408) 777-3109 204 Vendor Selection After a thorough vetting process, staff selected Seattle-based startup Pogo, Inc. as the vendor. The Pogo app allows parents to manage existing carpools and find potential carpool “matches”. Carpool matches are made based on home address and common locations or “groups” like schools, tutoring centers, or sports leagues. Participating schools set up a group and invite parents using a unique group code. While parents will see potential matches to fellow parents affiliated with their group, it is a parent’s choice and responsibility to make the decision with whom to share personal information and with whom to establish a walk-pool, bike-pool, or carpool. Pogo app users do so voluntarily, without compensation, and at their own risk. Pogo won Verizon’s Powerful Answers Award contest in 2015 and is currently being used at 12 private schools in the Pacific Northwest and Orange County. Reference checks were positive with schools reporting that parents find the app valuable. Pogo is also the only app offering optional background checks for users. Outreach Outreach efforts will be driven by the City’s SR2S Coordinator with support from school staff. Pogo has existing marketing material, which can be customized, that enhances parent awareness of Pogo and encourages walking, biking and carpooling. City staff will work with key school site staff to disseminate marketing materials to parents, including speaking and tabling at school and community events. Parent champions will also be enlisted to be early adopters and provide testimonials to other parents. While the project has yet to launch, some Cupertino parents have already downloaded the app and have requested to join the Cupertino High group. The City’s SR2S Coordinator has also received numerous inquiries from parents enthusiastic about the potential pilot. Timeline and Cost The pilot is slated to run through the end of the school year with evaluation results presented in early August 2018. The cost to the City will not exceed $10,000. The cost includes set up and licensing for two school sites and the cost of optional background checks for up to 500 users. FUHSD will cover Pogo’s software licensing fee ($500 per school). Project Evaluation Staff has developed an evaluation plan that defines and tracks key metrics to evaluate if the pilot program was successful, such as measuring activity (groups formed, rides initiated, connections made) and reduced congestion (periodic manual counts of single family and carpool drop offs). Car counts are already being conducted at Cupertino High to provide baseline data. Staff will present the data after the pilot period and make a recommendation for next steps. Risk Staff has explored risk issues with the City Attorney’s Office and the ABAG Pooled Liability Assurance Network (ABAG). ABAG initially recommended that we require Pogo to secure cyber liability and sexual abuse and molestation coverage (SAM) and name the City and school districts as secondary insured. Pogo has obtained cyber coverage. Unfortunately, SAM coverage quotes ranged from $120,000-$150,000 per year, which is cost prohibitive for the small startup at this time. The City sought to obtain SAM coverage on its own. However, ABAG clarified that 205 SAM coverage would not provide any additional protection to the City as it would only cover City employees and volunteers. Based on ABAG’s assessment, the City would only be held liable if a relationship exists between the Pogo user and the City that exposes the City to liability for the user’s actions. Pogo users are clearly not employees or volunteers of the City or Pogo. They would not be performing a service or be directed in any way by the City or Pogo. However, there is always a risk, which is why the City requires all contractors to name the City as additional insured under their general liability coverage. Innovation Comes With Risk The City Manager would like to move forward with the pilot. CMO staff believe the risk is low given the small scope of the pilot, strong user terms of service language, and messaging that parents are responsible for vetting drivers and deciding who to trust with their children. The City Attorney recommends that the City only provide monetary support for the pilot and not be a party in the contract. However, based on FUHSD feedback, without the City’s full support, the pilot cannot move forward. The FUHSD Board will be taking an action on this item at their October 17, 2017 meeting. If the pilot project is successful, it has potential to impact local traffic around neighborhood schools with the added benefit of reducing GHG emissions towards our CAP Goals. Parents are looking to the City and school districts to find solutions to the local traffic issues in our community. While there is always some risk, staff believes the potential benefits of such an innovation outweigh the potential risk. Sustainability Impact To the extent that this pilot reduces the number of single family car rides within the City, it will reduce GHG emissions and bring the City closer to its CAP goals. Fiscal Impact Up to $10,000 from the City Manager’s Budget for the pilot phase. _____________________________________ Prepared by: Jaqui Guzmán, Deputy City Manager Approved for Submission by: David Brandt, City Manager Attachments: A. Draft Contract 206 Page 1 of 37 NO.______________________ FY 17-18 AGREEMENT BETWEEN THE CITY OF CUPERTINO, FREMONT UNION HIGH SCHOOL DISTRICT AND POGO, INC. RE: KIDPOOL PILOT PROJECT THIS AGREEMENT, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), FREMONT UNION HIGH SCHOOL DISTRICT (hereinafter referred to as “FUHSD”), and POGO, INC. (hereinafter referred to as "Software Provider"), is made with reference to the following: RECITALS The following recitals are a substantive portion of this Agreement: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. The Fremont Union High School District covers the City of Cupertino, most of Sunnyvale, and parts of San Jose, Los Altos, Saratoga, and Santa Clara, California. The FUHSD operates five high schools (9-12) and one Adult School; and C. POGO Inc. is a Software Provider and possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City, FUHSD and Software Provider desire to enter into an agreement for a Kidpool Pilot Project upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on October 18, 2017 and shall end on June 30, 2018, unless terminated earlier as set forth herein. 207 Page 2 of 37 2. SERVICES TO BE PERFORMED: Software Provider shall perform each and every service set forth in Exhibit "A" Scope of Work which is attached hereto and incorporated herein by this reference. Software Provider shall enter into a Terms of Service Agreement with any users of the software in the form attached hereto as Exhibit “B”. City and FUHSD are not subject to or bound by the Terms of Service Agreement. 3. COMPENSATION TO SOFTWARE PROVIDER : Software Provider shall be compensated for services performed pursuant to this Agreement in the amount set forth below and as described in Exhibit "A" which is attached hereto and incorporated herein by this reference. The compensation and reimbursable expenses to be paid to Software Provider under this Agreement for all services described in Exhibit “A” by City and FUHSD shall not exceed eleven thousand five hundred dollars ($11,500.00). City shall pay no more than ten thousand dollars ($10,000.00) and FUHSD shall pay no more than one-thousand, five hundred dollars ($1,500.00) under this Agreement. 4. TIME IS OF THE ESSENCE: Software Provider, City, and FUHSD agree that time is of the essence regarding the performance of this Agreement. 5. LICENSES; PERMITS; ETC: Software Provider represents and warrants to City and FUHSD that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required to carry out the purposes of this Agreement. 6. ASSIGNMENTS: Software Provider may assign, sublease, or transfer this Agreement, or any interest therein, to a third party with the prior written consent of City and FUHSD. Such consent shall not be unreasonably withheld. City’s or FUHSD’s withholding of consent shall be deemed reasonable if it appears that the intended assignee in question is not financially or technically capable of performing Software Provider’s obligations under this Agreement, or if City or FUHSD has reason to conclude that the proposed assignee is otherwise incapable of fulfilling Software Provider’s duties hereunder. 7. STANDARD OF CARE: Software Provider warrants it is specially trained, experienced and competent to 208 Page 3 of 37 perform the special services which will be required under this Agreement. Software Provider further warrants that it will meet industry standard in the delivery of services. It further warrants that all services shall be performed by qualified and experienced personnel who are not employed by the City, FUHSD nor have any contractual relationship with City or FUHSD outside of this Agreement. 8. INDEPENDENT PARTIES: Software Provider is an independent contractor for both City and FUHSD. The manner and means of conducting the work are under the control of Software Provider, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Software Provider’s services. None of the benefits provided by City or FUHSD to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City or FUHSD to Software Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Software Provider. Payments of the above items, if required, are the responsibility of Software Provider. 9. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Software Provider assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Software Provider shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Software Provider. 10. NON-DISCRIMINATION: Consistent with City and FUHSD’s policy that harassment and discrimination are unacceptable employer/employee conduct, Software Provider agrees that harassment or discrimination directed toward a job applicant, a City or FUHSD employee, or a citizen by Software Provider or Software Provider 's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Software Provider agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 209 Page 4 of 37 11.INTELLECTUAL PROPERTY INDEMNIFICATION Software Provider agrees to, at its sole expense, to indemnify, defend, hold harmless and/or settle any claim made by a third party against City and FUHSD alleging that the City's or FUHSD’s use of the Services infringes such third party’s United States patent, copyright, trademark or trade secret (an “IP Claim”), and pay those amounts finally awarded by a court of competent jurisdiction against City and FUHSD with respect to any such IP Claims. 12.DUTY TO INDEMNIFY AND HOLD HARMLESS: Software Provider shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and FUHSD, its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury or death of any person damage to property, or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out of, pertaining to, or related to the performance of this Agreement by Software Provider or Software Provider ’s employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys’ fees of counsel of City and FUHSD’s choice, expert fees and all other costs and fees related to litigation. The provisions of this Section survive the completion of the Services or termination of this Contract. Pursuant to Government Code Section 895.4, and in lieu of Government Code Section 895.6 which provides for pro-rata risk allocation FUHSD shall indemnify, defend, and hold harmless the City, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the County and its employees set forth in this agreement. The City shall indemnify, defend, and hold harmless the FUHSD, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations of the City and its employees set forth in this agreement. The provisions of this Section survive the completion of the Services or termination of this Contract. 13.INSURANCE: A.GENERAL REQUIREMENTS: On or before the commencement of the term of this Agreement, Software Provider shall furnish City and FUHSD with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in 210 Page 5 of 37 compliance with the requirements listed in Appendix “C”. Software Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and FUHSD and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. B.SUBROGATION WAIVER: Software Provider agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Software Provider shall look solely to its insurance for recovery. Software Provider hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Software Provider or City with respect to the services of Software Provider herein, a waiver of any right to subrogation which any such insurer of said Software Provider may acquire against City by virtue of the payment of any loss under such insurance. C. ADDITIONAL NAMED INSUREDS: City, FUHSD, and their respective legislative bodies, the Cupertino City Council, FUHSD Boards of Trustees, other boards and commissions, officers, employees and volunteers shall be named as an additional insureds under all insurance coverage, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional named insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. 14.RECORDS Software Provider shall maintain internal records documenting the Services performed by Software Provider hereunder, in accordance with customary recordkeeping practices in the software development industry. Such records shall be maintained for a period of three (3) years after Software Provider receives final payment from City for all services required under this agreement. Software Provider shall provide free access to such records to a designated City representative at all reasonable and proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary. No such examination and audit shall give City the right to access 211 Page 6 of 37 records relating to other Software Provider customers who are not participants in the KidPool Pilot Project referenced in this Agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's and FUHSD’s preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Software Provider shall reimburse City and FUHSD for all reasonable costs and expenses associated with the supplemental examination or audit. 15. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at any time in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 16. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave Cupertino CA 95014 Attention: Jaqui Guzmán, Deputy City Manager Copy to: Randolph Hom, Esq. City Attorney, City of Cupertino 20410 Town Center Lane, Suite 210 Cupertino, CA 95014-3255 212 Page 7 of 37 TO FUHSD: Fremont Union High School District 589 W. Fremont Ave Sunnyvale, CA 94087 Attention: Polly M. Bove, Superintendent TO POGO: Pogo, Inc. 3400 Wallingford Ave. N #171 Seattle, WA 98103 Attention: Melissa Lehman, CEO 17. TERMINATION: A. Basis for Termination In the event Software Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Software Provider shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Software Provider from City or FUHSD of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City or FUHSD may terminate the Agreement forthwith by giving to the Software Provider written notice thereof. City and FUHSD shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving thirty (30) days' prior written notice to Software Provider as provided herein. Upon receipt of any notice of termination, Software Provider shall immediately discontinue performance. B. Pro Rata Payments. City and FUHSD shall pay Software Provider for services satisfactorily performed up to the effective date of termination. In such event, a calculation of the amounts due shall be deemed correct as computed on a pro rata basis with compensation provided for the period of service paid as a percentage of the total contract amount. 18. WARRANTY AND WARRANTY DISCLAIMER Software Provider warrants that (i) the services shall be provided in a diligent, professional, and workmanlike manner in accordance with industry standards, (ii) the services provided under this agreement do not infringe or misappropriate any intellectual property rights of any third party, and (iii) the services shall substantially perform in all material respects as described in the Scope of Work in the event of any 213 Page 8 of 37 breach of section (iii), above, Software Provider shall, as its sole liability and your sole remedy, repair or replace the services that are subject to the warranty claim at no cost to City and FUHSD or if Software Provider is unable to repair or replace, then it will refund any pre-paid fees for services not rendered. Except for the warranty described in this section, the services are provided without warranty of any kind, express or implied including, but not limited to, the implied warranties or conditions of design, merchantability, fitness for a particular purpose, and any warranties of title and non- infringement. 19. COMPLIANCE Software Provider shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. 20. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California. Any suits brought pursuant to this Agreement shall be filed with the Superior Court for the County of Santa Clara, State of California. 21. ADVERTISEMENT Software Provider shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City and FUHSD to do otherwise. 22. INTEGRATED CONTRACT This Agreement, including all appendices, represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by City, FUHSD and Software Provider. In the event that any Terms of Service, Exhibit, associated instrument or agreement executed by the Parties in conjunction with this Agreement or prior thereto contains a term that conflicts with the terms of this Agreement, the terms of this Agreement shall govern and supersede any other document or Exhibit. 23. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the 214 Page 9 of 37 legal capacity and authority to do so on behalf of their respective legal entities. 24. WAIVER: A waiver by City and FUHSD of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. // // // // // // // // // // // // // // // // // // 215 Page 10 of 37 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. SOFTWARE PROVIDER CITY OF CUPERTINO A Municipal Corporation By: Melissa Lehman By: David Brandt Title: Co-Founder and CEO Title: City Manager Date: Date: FREMONT UNION HIGH SCHOOL RECOMMENDED FOR APPROVAL: DISTRICT By: Polly M. Bove By: Jacqueline Guzman Title: Superintendent Title: Deputy City Manager Date: APPROVED AS TO FORM: _________________________ By: Randolph Stevenson Hom, City Attorney ATTEST: ______________________________ Grace Schmidt City Clerk CUPERTINO EXPENDITURE DISTRIBUTION: Account No: 100-12-120-700-702 Amount: 10,000.00 216 Page 11 of 37 EXHIBIT A: SCOPE OF WORK Vendor Pogo Rides provides community-sourced rides for kids through a mobile application available for iOS and Android. The Pogo app helps parents organize carpools and discover new shared trip options within their trusted groups. Project Objectives The Kidpool Pilot Project’s objective is to create an effective parent carpool program that provides a safe, reliable alternative for busy parents. Our goal is to help Cupertino parents create and manage local walk, bike, or car “kidpools” for school pick up and drop off as well as afterschool activities using the Pogo mobile application. Additionally, we anticipate that this program will measurably reduce traffic congestion around Cupertino school during peak hours as well as reduce its community’s GHG emissions to help meet its CAP targets. Project Scope The City of Cupertino and Fremont Union High School District (“Clients”) have expressed interest in piloting a walk, bike, and carpool/kidpool management and route matching discovery solution, Pogo, at up to two (2) schools for the 2017-18 school year. The application should provide parents with an easy platform to create or join trustworthy, reliable, and convenient pools with minimal expenditure of School/City resources. The City will evaluate the pilot program after one full semester. If successful, the City may make a recommendation to roll out this application at additional school locations the following school year. Pogo Rides Scope of Work Application Support 1. Application – Provide a mobile application available for iOS, and Android for (1) coordination of walk, bike, and car kidpools and (2) discovery of convenient kidpool route matches between parents within a group community. Application features include: For Users: a. Trip scheduling and calendar integration b. In-app messaging and contact details c. Real-time GPS tracking of drivers with pick up and drop off notifications for parents d. Optional background checks: i. Optional background and motor vehicle record check, sent out via email by Pogo ($9.75 per user). ii. Starting, Q1 2018, in-app required verification of California driver’s license for drivers and state-issued identification for non-drivers ($2 per user). 217 Page 12 of 37 iii. School verification for fingerprinted volunteers (no additional cost) iv. In-app profile badge to indicate background checks passed. e. Pogo will require that all Users have sufficient comprehensive Auto and Liability Coverage for claims and accidents consistent with the statutory requirements of California. For Administrators a. Customizable click through terms of service language for group users. b. Customizable user surveys to aid in the evaluation process c. Ability to review active users and approve users for the program and relevant groups. d. Ability to remove users within 24 hours at administrator’s discretion. e. Ability to change group pass code to maintain security. 2. Maintenance and Support – Provide ongoing application maintenance and customer support for users and administrators via a dedicated support person, in app support and email support. a. A service level agreement (SLA) of 48 hours to remedy any critical application issues as identified by Clients, noting that for some issues Pogo is dependent on Apple’s App Store approval process and 3rd party service providers b. Notices to all administrators of planned down-time or maintenance windows that impact service availability for more 12 hours during at least a week in advance. c. User maintenance – bulk removal of users as requested by the administrators to keep the user pool relevant to current school enrollment, limited to a quarterly basis unless there is a security concern, which will be accommodated with 24 hours. 3. Reporting – Provide reports to be used to evaluate program. a. Quarterly reports which include number of users, number of riders, number of rides/bikepools/walkpools, number of groups formed, connections made, and calculated carbon offsets per group or identified individuals b. Ad-hoc reports may be requested Onboarding Support 1. Written best practices to be used in implementing and launching a carpool/walkpool/bikepool program at schools. 2. Marketing Materials – Electronic marketing messages, plus a wide range of physical collateral options, including A-frame stands, which can be customized for Clients by Pogo with input and approval by Clients. Physical marketing materials can be produced 218 Page 13 of 37 by Pogo and billed to Cupertino, or the art files can be shared with Cupertino and produced locally. a. Permission to use Pogo’s logo and branding b. Permission to alter collateral and messaging as needed 3. Branded school community groups and support of bulk invitations Additional liability coverage by Founders Shield with coverage for City and District: 1. Cyber security insurance to protect against potential data security breaches; 2. Hired and non-owned auto supplemental coverage (optional). Client Partner Responsibilities City of Cupertino Program Rollout a. City will assist in the coordination of the Pilot Program with Pogo and the School Districts b. Provide funding for the Pilot Program in conjunction with the School District. The City will cover the cost of the onboarding fee, driver’s license verification, and optional background check for first 500 users. Outreach Cupertino will lead the outreach strategy and coordinate outreach efforts with Pogo and school contacts. Deliverables include: a. Partner with the School Districts and POGO to develop a Marketing and Outreach Plan b. Working with Pogo to distribute program material that enhances parent awareness of Pogo and encourages walking, biking and carpooling c. Working with key school site staff to disseminate marketing material d. Enlisting parent champions at each school who will volunteer to raise awareness of Pogo and provide testimonials that encourage download and adoption of application. e. Speaking and/or tabling at school and community events. Evaluation Cupertino will develop and execute an Evaluation Plan that: a. Defines and tracks key metrics to evaluate if the pilot program was successful, such as measuring activity (groups formed, rides initiated, connections made) and reduced congestion (periodic manual counts of single family and carpool drop offs). b. Analyze data provided to City by POGO from the Pogo app. c. Arrange for staff and/or volunteers to manually gather survey data or conduct manual counts periodically. d. Analyze and present data to project partners. e. City reserves the right to discontinue its participation in program at any time. 219 Page 14 of 37 Fremont Union High School District Program Rollout School Districts will: a. Provide funding for the Pilot Program in conjunction with the City. The District will cover the cost of the software licensing fee. b. Assign a Pogo site administrator to each school site. c. Direct the Pogo site administrator to set up a Pogo group at their respective school site (i.e. “Cupertino High”), including the creation of a group code to be included in marketing material. d. Direct the school principal to consider designating a carpool drop-off/pick-up area in a convenient location. The principal should assign a staff member to monitor the carpool drop-off/pick up area marked by a carpool A-frame stand provided by Pogo or City. e. Allow Cupertino staff and/or volunteers to periodically conduct car ride and bicycle counts at the school site. Group Administration District will be responsible for ensuring that a group administrator is assigned for each school site. The responsibilities of the group administrator are to manage a Pogo group for their school site, including user badges and group management: i. Email group code to parents with an introductory email emphasizing to parents that it is their responsibility to vet and determine with whom to form a carpool. ii. At the end of the school year, ensure users that age-out or will not return to the school site the following year are removed. iii. Direct parents to Pogo customer service if complaints are received. Communication The School District will ensure coordination related to project communication. Specifically, the School District will: a. Direct the Pogo site administrator to coordinate the dissemination of marketing materials provided by the City to school parents via email, mail, social medial, and other channels. b. Direct the school principal to make an announcement about Pogo or allow Cupertino staff and/or volunteers to speak and/or table a school events, including Back-to-School Night. Project Timeline August 14, 2017 School Begins September 2017 – December 2017 Collect evaluation data October 2017 Soft Launch January 2018 Official Launch January 2018-June 2018 Manage Pilot July 2018 Analyze evaluation data August 2018 Present evaluation findings 220 Page 15 of 37 Project Fees Timeframe Scope Cost Phase 1 Oct 2017-Jun 2018 - Client selects school/s to pilot program. - Software Licensing: $500 per school - Onboarding: $1,000 per school - Background and DMV record check: $9.75 per user (optional) Marketing Material Posters Large (11X17 one-sided color): $3.00 each, electronic copies free Small (5.5X8.5 two-sided half-sheet color): $0.75 each, electronic copies free Business cards (two-sided color cards): $20.00 for 500 Yard sign (18x24 two-sided color): $30.00 each Sandwich board (24x36 heavy-duty, two-sided color): $225.00 each 221 Page 16 of 37 EXHIBIT B: TERMS OF SERVICE LEVEL THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH POGO OFFERS YOU ACCESS TO THE POGO PLATFORM. THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. 1. Agreement to Terms Hello and welcome to Pogo, Inc. (“Pogo,” “Us,” “We” or “Our”), a mobile device application (“App”) and website located at www.pogorides.com (the “Site”). These Terms of Service (“Terms”), along with Our Privacy Policy, which is incorporated herein by reference, constitute the user agreement (the "Agreement") for the Site, desktop and mobile software internet application platform owned and operated by Pogo, Inc. (the “Services”). This Agreement is a legally binding agreement made between you (“User,” "You," "Your," "Yourself," “Driver,” “Passenger,” or “Ride Requestor,” as applicable) and Pogo. If You are a parent or guardian of a minor who may use the Services (a “Minor Passenger,” as defined in Section 6 below), You are legally consenting to these Terms on behalf of such Minor Passenger. Pogo is willing to license, not sell, the Services to You only upon the condition that You accept all the terms contained in this Agreement. By signing up with or by using the Services, You indicate that You understand this Agreement and accept all of its terms. If You do not accept all the terms of this Agreement, then Pogo is unwilling to license the Services to You and You should not use the Services. The Services provide a means to enable persons who seek transportation to certain destinations (“Ride Requestors”) to coordinate Rides for Passengers with persons driving to or through those destinations (“Drivers”) in the nature of ride sharing. Drivers are not paid and are not required to undergo Checks and Monitoring, but may do so voluntarily at their own expense. Drivers are Users of the Services who provide Rides. This Agreement describes the terms and conditions that will govern Your use of and participation in the Services. For purposes of this Agreement, all transportation coordinated through the Services among Users or Between Users and Drivers shall collectively be defined as “Ride” or “Rides” or “Ride Offer” or “Ride Request.” Please read this Agreement carefully before using the Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before You use the Services. By accessing the Services or offering or accepting Rides, You agree to be bound by the terms and conditions of this Agreement with respect to such usage. 222 Page 17 of 37 IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE OR ACCESS THE SERVICES. 2. General Disclaimer POGO DOES NOT PROVIDE TRANSPORTATION SERVICES, AND POGO IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE DRIVER TO DECIDE WHETHER OR NOT TO OFFER A RIDE TO A RIDE REQUESTOR THROUGH THE SERVICES, AND IT IS UP THE RIDE REQUESTOR TO DECIDE WHETHER OR NOT TO ACCEPT A RIDE FROM ANY DRIVER THROUGH THE SERVICES. ANY DECISION BY A USER TO OFFER OR ACCEPT RIDES THROUGH THE SERVICES IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. POGO OFFERS INFORMATION AND A METHOD TO CONNECT DRIVERS AND RIDE REQUESTORS WITH EACH OTHER TO COORDINATE SHARED RIDES, BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE “FOR HIRE” TRANSPORTATION SERVICES OR ACT IN ANY MANNER AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY PASSENGER BY ANY DRIVER USING THE SERVICES. We cannot verify or guarantee the accuracy of the information Users provide on the Services, and We do not control the information provided by Users that is made available through the Services. Therefore, Pogo cannot and does not confirm each User's purported identity or representations those Users make on the Services other than as explicitly laid out in these Terms. You may find other Users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Services, You agree to accept such risks and that Pogo is not responsible for the acts or omissions of Users on the Services. We encourage You to communicate directly with each potential Driver or Ride Requestor prior to coordinating a Ride. 3. Changes to Services and Terms Because Our Services are evolving over time, We reserve the right to change or discontinue all or any part of the Services any time and without notice, at Our sole discretion. Pogo also reserves the right, at its sole discretion, to amend these Terms at any time by posting the amended terms on the App and the Site. We will also update the “Last Updated” date at the top of these Terms. If We post amended Terms on the App and Site, You may not use the Services thereafter without accepting the amended Terms. Except as stated below, all amended Terms shall automatically be effective after they are posted on the App and Site. By continuing to access or use the Site, App or Services after We have posted a modification on the Site or the App or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms. If the modified Terms are not acceptable to You, Your only recourse is to cease using the Site, App and Services. 4. Introduction to the Services Below is a list of some of the important things We do and don’t do. 223 Page 18 of 37 What We do: We provide a platform via Our App and Our Website (defined above as the “Services”) for Ride Requestors and Drivers who register with Us to coordinate shared Rides with each other. We allow Users to post and display information on the Services about themselves and Minor Passengers on whose behalf the User submits a Ride Request, which Drivers can see prior to accepting Ride Requests. We allow Users to form “Groups” in order to facilitate Rides among members of the Group. Members of a Group are able to see other members’ profile information, including information about the adult member, any Minor Passengers included in the member’s profile, and vehicle information that may be included in the member’s profile. Users of the Services who are not members of a Group are not able to see the Group’s members (except for the Group administrator) or their profile information. We allow Users who wish to act as Drivers to post Ride Offers for Passengers. We also allow Users to act as Ride Requestors and post Ride Requests for Passengers After receiving a Ride Request, Drivers can then choose to accept the Ride Request and coordinate a Ride in whatever manner the Driver deems appropriate, including coordinating Rides among Passengers from different Groups. Users who have special instructions for Drivers must specify such instructions in the “Notes” field of the Ride request. Pogo cannot control whether a Driver will or can abide by such instructions. In the event there is a dispute between or among two or more Users with respect to a Ride, We may—but are not obligated to—investigate the dispute. We may send You text messages, push notifications, emails and other communications, including advertising and promotional materials from Pogo or third parties. We may remove from Our site any Inappropriate Content when We become aware of it. Through Our third party partners, We may provide driving record and/or background checks, GPS tracking, and driving behavior monitoring (collectively, “Checks and Monitoring”). Drivers may voluntarily request Checks and Monitoring at their own expense. What We don’t do: We are not a transportation carrier. We do not provide or arrange for provision of cars or drivers. Users who offer themselves as Drivers or Passengers on the Services are not employees or agents of Pogo and have no authority to act or speak on Pogo’s behalf. 224 Page 19 of 37 We do not make any representations or warranties about Drivers or their vehicles. We do not monitor, inspect or verify the information Drivers post about themselves or the ir vehicles on the Services. We do not verify the truth or accuracy of information provided by Users on the Services other than as explicitly set out in these Terms. It is up to You to evaluate and determine whether You want to share a Ride with one or more other Users. We do not allow Ride Requestors to request Rides on behalf of anyone other than the Ride Requestor or Passengers on whose behalf the Ride Requestor has legal authority to request a Ride. It is up to You to coordinate with Your Driver and other Users if You would like to specify which Passengers should be included in a Ride or provide other special instructions. Pogo cannot control whether a Driver will or can abide by such instructions. We do not provide any assurances that any Rides negotiated between Users in fact will occur; that Drivers will pick up Passengers on time or at all; or that Passengers will reach their destinations on time or at all. We also make no representations or warranties regarding the timing, duration, quality or safety of the Rides. The Checks and Monitoring We may offer are in no way a representation or warranty regarding the accuracy of the information that Users post about themselves or their vehicles, and do not constitute representations or warranties regarding the quality or safety of the Users, their vehicles, or the Rides. We do not express any opinion, nor do We make any assurances regarding, the truth or accuracy of any User reviews or ratings. We do not regularly monitor or remove reviews or ratings, or any portion thereof, unless they contain Inappropriate Content. 5. Ride Requests A Ride Requestor may request a Ride on behalf of a Passenger for whom the User has legal authority to contract, by providing the necessary descriptive information for the de sired Ride through the Services, including (1) the Passenger who will be participating in the Ride, (2) the pick-up and drop-off locations, (3) the desired pick-up time and date and (4) the desired drop- off time and date (collectively, the “Ride Description”). The Ride Requestor may—but is not obligated to—consent to Passengers (including Minor Passengers) being able to communicate with the Driver through text message, in which case the Ride Requestor will also provide the Passengers’ mobile numbers. If such consent is not provided, Passengers other than the Ride Requestor will not receive communication from, and will not be able to send communication to, the Driver. The terms defined by the Ride Requestor and Driver with respect to the Ride, including but not limited to the pick-up location, drop-off location, pick-up time, drop-off time, identity of 225 Page 20 of 37 Passenger[s], and route, constitute an agreement between the Ride Requestor and the Driver. You acknowledge and agree that You, and not Pogo, will be responsible for performing the obligations of any such agreements, that Pogo is not a party to such agreements, and that Pogo disclaims all liability arising from or related to any such agreements. Once Pogo receives confirmation of a Ride request from the applicable Driver, Pogo will send the Driver, Ride Requestor and Passenger (if the Ride Requestor has consented to notification messages or such Passenger) message notification confirming the Ride. 6. Eligibility to Use the Services The Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, certain parts of the Services are available to minors younger than age 18 whose parents or guardians have consented to such minors’ use of the Services (“Minor Passengers”). The Services are not intended to allow adult Passengers unless they are parents or guardians of Minor Passengers. The Services are not available to temporarily or indefinitely terminated Users. By using the Services, You represent and warrant that (1) You are at least 18 years old and capable of forming a binding contract with Pogo and are not barred from using the Services under applicable law or (2) that Your parent or guardian has consented on Your behalf to Your use of the Services. If You are utilizing the Services on behalf of a Passenger (including but not limited to Minor Passengers), You represent that You are legally authorized to enter into this agreement and agreements with Drivers on behalf of such Passenger. Please see Section 8 for additional User representations and warranties. You must be willing to provide general biographical information for Yourself and, as applicable, Passenger[s] on whose behalf You use the Services. In the e vent the Minor Passenger on whose behalf You are utilizing the Services is under the age of 13, by providing such information about the Minor Passenger, You affirm that You are the Minor Passenger’s parent or guardian and have all requisite authority to provide Us with such information and to authorize Us to use such information. For more information on Pogo’s policies related to children under the age of 13 and The Children's Online Privacy Protection Act ("COPPA"), please refer to the Pogo Privacy Policy. By using the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. 7. Account Information You are the sole authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or Pogo for accessing the Services. You are solely and fully responsible for all activities that occur under Your password or account. Pogo has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your password or 226 Page 21 of 37 account or You suspect any other breach of security, You will contact Us immediately at support@pogorides.com. 8. User Representations and Warranties As a condition to use of the Services, You represent, warrant and agree that You will abide by Pogo’s User standards: For Drivers: a) Drivers must possess a valid Driver’s license and be authorized to operate a motor vehicle and possess all appropriate licenses and other legal authority necessary to operate his or her vehicle in the jurisdiction in which Driver uses the Services and gives Rides. b) Drivers must possess automobile insurance required by State statutory minimums. c) Drivers must own, or have the legal right to operate, the vehicle such Driver uses when accepting Passengers, and such vehicle must be in good operating condition and meet all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind. d) Drivers must be willing to provide and share general biographical information (such as legal name, age, phone number) with Ride Requestors, Passengers (including Minor Passengers), and Pogo. e) Drivers will be solely responsible for any and all liability which results from or is alleged to result from the operation of the vehicle the Driver uses to transport Passengers, including, but not limited to personal injury, death and property damages suffered by Passengers and others. f) In the event of a motor vehicle accident, the Driver will be solely responsible for compliance with any applicable law, and making all necessary communications with the Driver’s insurance carrier and the insurance carriers of the other persons involved in the accident. g) Drivers will obey all applicable laws related to the matters set forth herein, and will be solely responsible for any violations of such laws. h) Drivers will not make any misrepresentation regarding Pogo, the Services, the Rides, or the Driver’s status as a Driver. i) Drivers must have a mobile phone in his or her possession and the App open and operational at all times during the Ride in order to facilitate communication with the applicable Ride Requestor and Passenger[s]. Drivers must not interact with the App while driving, except as permitted by applicable law. j) Drivers will not provide, or offer to provide, transportation services for profit, as a public carrier or taxi service, charge for rides or otherwise seek non-voluntary compensation from Ride Requestors or Passengers, or engage in any other activity in a manner that is inconsistent with the Driver’s obligations under these Terms. k) Drivers must not permit anyone other than the Driver to drive the Driver’s vehicle during a Ride. 227 Page 22 of 37 l) Drivers agree that Pogo may, at its sole discretion, prohibit a Driver from being or continuing to be a Driver and providing Rides under the Services. For Ride Requestors/Passengers: a) Ride Requestors must be at least 18 years old and capable of forming a binding contract with Pogo and not barred from using the Services under applicable law. b) Ride Requestors who are using the Services on behalf of a Minor Passenger or other Passenger must consent on the Passenger’s behalf to use of the Services, and represent and warrant that the Ride Requestor is legally authorized to enter into this agreement and agreements with Drivers on behalf of such Passenger. c) Passengers must be at the designated pick-up location at the designated time. If Passengers will not be at the appointed pick-up location at the designated time, the Passenger or Ride Requestor should use the App to notify the Driver. d) Passengers must not do anything during a Ride that could compromise the safety of the Driver, other Passengers, or the vehicle. e) The Ride Requestor must have a mobile phone in his or her possession and the App open and operational at all times an hour before the Ride, during the Ride, and an hour after the Ride’s designated end time in order to facilitate communication with the applicable Driver and Passenger[s] (if the Ride Requestor has consented to such communication with the Passenger). f) Passengers must abide by the Driver’s reasonable requests regarding Passenger behaviors that could damage or blemish the interior of the Driver’s vehicle. All Users: a) You represent and warrant that the information You input into Your Pogo account and the information You make visible to other Users (Your “profile information”) is accurate, current and complete. You agree to maintain and timely update Your account and profile information to keep it accurate, current and complete at all times during Your use of the Services. You agree that Users and Pogo may rely on Your account and profile information as accurate, current and complete. b) Users will not: 1) Transport any illegal or hazardous objects or material during Rides. Impersonate any person or entity; "stalk" or otherwise harass any person. 2) Express or imply that any statements You make are endorsed by Pogo, without Our specific prior written consent. 3) Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services. 228 Page 23 of 37 4) Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; remove any copyright, trademark or other proprietary rights notices contained in the Services. 5) Rent, lease, lend, sell, redistribute, sublicense, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. 6) Interfere with or disrupt the Services or Rides or the servers or networks connected to the Services; post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to the Services; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; "frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to Us or the Services in order to direct any person to any other web site for any purpose. c) You warrant, represent, and agree that Your account and profile information and Your interactions on the Services, including Your reviews of other Users, shall not be false, inaccurate or misleading (directly or by omission or failure to update information); infringe any third party's rights, including but not limited to intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, libelous, abusive, obscene, profane, offensive, threatening, harassing, or racially offensive; contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or link directly or indirectly to any other web sites. d) You represent, warrant, and agree that You will use the Services in a manner consistent with all applicable laws and regulations. We reserve the right to, but are not obligated to, investigate and terminate Your participation in the Services if You misuse the Services or the Rides, or behave in a way which could reasonably be regarded as inappropriate, unlawful or illegal. e) If You sign up for the Services on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms on its behalf. f) You agree that You will not transfer, use, or sell Your Pogo account and/or User information to any another party. We reserve the right, but We have no obligation, to terminate any account for noncompliance with these Terms. g) You acknowledge and agree that Pogo has no obligation to monitor Your access to or use of the Services or Rides or to review or edit any content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these 229 Page 24 of 37 Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. h) You are solely responsible for, and assume any and all risk and liability associated with, Your conduct with other people You may interact with through the Services. Pogo acts only as a passive conduit for Users’ coordination of Rides. POGO ENDEAVORS TO ENSURE POSITIVE INTERACTIONS BETWEEN RIDE REQUESTORS, PASSENGERS, AND DRIVERS AND WORKS HARD TO ENSURE AN OPTIMAL, COMFORTABLE AND SAFE EXPERIENCE. HOWEVER, DRIVERS ARE HUMAN BEINGS, AND NO ONE IS PERFECT. POGO DOES NOT CONTROL, AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF, THE DRIVERS’ PERFORMANCE OF RIDES OR THE CONDITION OF THE VEHICLES IN WHICH RIDES ARE PERFORMED. THE PROVISION AND QUALITY OF RIDES REQUESTED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE APPLICABLE DRIVER. POGO MAKES NO WARRANTY, AND UNDER NO CIRCUMSTANCE ACCEPTS LIABILITY IN CONNECTION WITH AND/OR ARISING FROM, DRIVERS’ PROVISION OF RIDES, THE CONDITION OF THE VEHICLES IN WHICH RIDES ARE PERFORMED, ANY ACTS, ACTION, BEHAVIOR, CONDUCT, AND/OR NEGLIGENCE ON THE PART OF THE DRIVER, OR ANY LOSS OF OR DAMAGE TO RIDE REQUESTOR OR PASSENGER, OR TO RIDE REQUESTOR OR PASSENGER’S PROPERTY, CAUSED BY A RIDE. 9. Groups Group membership is controlled by the administrator/creator of each Group, but access must be provided in accordance with these Terms. Only Users with invited phone numbers or emails can post Ride requests and offer Rides in a Group. 10. Limited License to Use the Services Pogo owns and retains ownership in the Services and all intellectual property therein. Contingent upon Your compliance with these Terms and Privacy Policy, Pogo hereby grants to You a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Services, Site, and App. 11. Additional Terms for App Store Apps If You accessed or downloaded the App from the Apple Store, then You agree to use the App only: (1) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (2) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service. If You accessed or downloaded the App from any app 230 Page 25 of 37 store or distribution platform (like the Apple Store, Google Play or the Amazon Appstore) (each, an “App Provider”), then You acknowledge and agree that: These Terms are concluded between You and Pogo, and not with App Provider, and that, as between Pogo and the App Provider, Pogo is solely responsible for the App. App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, You may notify App Provider and App Provider will refund the purchase price for the App to You (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Pogo. App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Pogo will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim solely to the extent required by these Terms. App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to Your license of the App, and that, upon Your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the App against You as a third party beneficiary thereof. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App You represent and warrant that: (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties. 12. User Provided Content Pogo may, in Pogo's sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to Pogo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and ratings and reviews ("User Content"). User Content should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any User Content on the Services. We do not adopt or endorse, nor are We responsible for, the accuracy 231 Page 26 of 37 or reliability of any opinion, advice, or statement made by parties other than Us on the Services. Under no circumstances will We be responsible for any loss or damage resulting from anyone's reliance on User Content. We reserve the right, but We have no obligation, to monitor User Content. Notwithstanding this right, You remain solely responsible for any User Content that You submit to the Services. We shall have the right to remove any such material that in Our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. Any User Content provided by You, except Feedback (defined below) remains Your property. However, by providing User Content to Pogo, You grant Pogo a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Pogo's business and on third- party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity. You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant Pogo the license to the User Content as set forth above; and (ii) neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor Pogo's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that includes links to or marketing content for third party sites or products or is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Pogo in its sole discretion, whether or not such material may be protected by law (“Inappropriate Content”). Pogo may, but is obligated to, review, monitor, or remove User Content, at Pogo's sole discretion and at any time and for any reason, without notice to You. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post; that such User Content is accurate; that posting of such User Content does not violate these Terms and will not cause injury to any person or entity; and that You will indemnify Us for all claims resulting from User Content You supply. 13. Third Party Content and Links The Services may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Content is not investigated, monitored or checked for 232 Page 27 of 37 accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Content. Inclusion of, linking to or permitting the use or installation of Third Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Services and access the Third Party Sites or to use or install any Third Party Content, You do so at Your own risk and You should be aware that Our Terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which You navigate from the Services or relating to any applications You use or install from the Services. 14. Location Information Location data provided by the Services is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage, or other loss. Neither Pogo, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services, whether provided by Pogo, Third Party Content, or Users. Geolocational data that You upload, provide, or post on the Services may be accessible to certain Users of the Services. You assume any and all risk of providing such data to other Users of the Services. 15. Pogo Communications to Users E-mail communications, text messages, and other messages sent from Us through the Services are designed to make Your Pogo experience more efficient. You specifically agree to accept and consent to receive Pogo e-mail communications and text messages, which include, without limitation: notification messages informing You about potential available Drivers or Passengers, messages regarding the status and coordination of Your Ride and Ride Description through the Services, messages informing You of promotions We run, and messages informing You of new and existing features We provide. If You are a parent or guardian with legal authority to do so, You must consent on behalf of a Minor Passenger before that Passenger can receive text notifications or phone calls through the Services. 16. Network Access and Devices You are responsible for obtaining the device and data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Pogo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 233 Page 28 of 37 17. Intellectual Property All intellectual property rights in the Services are owned by Us absolutely and in their entirety. These rights include and are not limited to database rights, copyrights, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), trade dress, and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Services are the property of their respective owners. 18. Copyright Complaints and Copyright Agent – DMCA Provision Pogo respects the intellectual property of others, and expects Users to do the same. If You believe, in good faith, that any materials on the Services infringe upon Your copyrights, please send the following information to Pogo 's Copyright Agent at 3400 Wallingford Ave N #171, Seattle, Washington, 98103: a) A description of the copyrighted work that You claim has been infringed, including specific location on the Services where the material You claim is infringing is located. Include enough information to allow Pogo to locate the material, and explain why You think an infringement has taken place; b) A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published; c) Your address, telephone number, and e-mail address; d) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; e) A statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner's behalf; and f) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest. We may terminate access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances. 19. Indemnity You are solely responsible for Your actions on the Services, and for the Passengers on whose behalf You coordinate Rides on the Services. You are therefore solely responsible for, and will compensate Us for, any and all liability we incur due to Your actions or the actions of Passengers on whose behalf You coordinate Rides on the Services. Specifically, You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and any third party partners harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees and costs) relating to or arising out of Your use of the Services (including User Content You post) or Your provision or acceptance of Rides on Your own behalf or on behalf of other Passengers, including but not limited to Your breach of these Terms, Your violation of any 234 Page 29 of 37 law or the rights of a third party, including, without limitation, Drivers, Ride Requestors, Passengers, other motorists, and pedestrians, any allegation that any materials that You submit to Us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; Your ownership, use or operation of a motor vehicle, including Your provision of Rides to Passengers; and/or any other activities in connection with the Services and Rides. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. IN NO EVENT WILL A GROUP BE HELD LIABLE FOR ITS MEMBERS’ CONDUCT. IN THE EVENT THAT A CLAIM IS BROUGHT AGAINST A GROUP ARISING OUT OF ITS MEMBER’S CONDUCT, THE MEMBER OR MEMBERS WHOSE CONDUCT GAVE RISE TO THE CLAIM AGREE TO INDEMNIFY AND HOLD THE GROUP HARMLESS FOR SUCH CLAIM. Specifically, a member of a Group (the “Indemnifying Party”) shall, at its sole cost and expense, indemnify, defend and hold the Group, its affiliates and subsidiaries, and its and their respective directors, officers, employees and agents (the “Indemnified Parties") harmless from any and all costs, expenses (including reasonable attorney’s fees), losses, damages or liabilities incurred insofar as such costs, expenses, losses, damages or liabilities are based on any action or inaction by the Indemnifying Party Each Indemnified Party shall promptly notify the Indemnifying Party in writing of any claim for which it seeks indemnification, provided the failure or delay in doing so shall not relieve the Indemnifying Party from any obligation to indemnify any Indemnified Parties, except to the extent such delay or failure prejudices the defense of any such claim. 20. Release of Pogo in User Disputes Pogo reserves the right, but has no obligation, to monitor and manage disputes between You and other Users of the Services. You are solely responsible for Your interaction with other Users of the Services and other parties that You come in contact with through the Services. You will cooperate fully with Pogo in any investigation of suspected unlawful, fraudulent or improper activity, including, without limitation, granting Pogo access to any password-protected portions of Your account. Pogo hereby disclaims any and all liability to You or any third party relating to any dispute between You and other Users of the Services. In the event that You have a dispute with one or more Users, You agree to release Pogo (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to Your use of the Services or Rides. 21. Other Disclaimers THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." POGO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, POGO MAKES NO 235 Page 30 of 37 REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, RIDES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. POGO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. POGO'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH OTHER USERS, BUT YOU AGREE THAT POGO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO THE SERVICES OR ANY RIDES COORDINATED OR OFFERED BY YOU THROUGH THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. YOU ASSUME ALL LIABILITY AND RISK OF USING THE SERVICES AND COORDINATING AND/OR OFFERING RIDES. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THE SITE OR THROUGH THE SERVICES OR RELEASE TO OTHERS. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”). POGO ONLY OFFERS TECHNOLOGY THAT ENABLES DRIVERS AND RIDERS TO COORDINATE SHARED TRANSPORTATION. POGO DOES NOT OFFER TRANSPORTATION SERVICES AND POGO IS NOT A TRANSPORTATION COMPANY OR CARRIER. WE ARE NOT INVOLVED IN THE ACTUAL TRANSPORTATION SERVICES BETWEEN DRIVERS AND RIDERS. AS A RESULT, WE HAVE NO CONTROL OVER THE QUALITY OR SAFETY OF ANY VEHICLE OR OF THE TRANSPORTATION THAT OCCURS AS A RESULT OF THIS SERVICE; NOR DO WE HAVE ANY CONTROL OVER THE TRUTH OR ACCURACY OF USERS' AND PASSENGERS’ INFORMATION LISTED ON POGO. WE CANNOT ENSURE THAT A DRIVER OR PASSENGER IS WHO HE OR SHE CLAIMS TO BE OR THAT A DRIVER OR PASSENGER WILL ACTUALLY COMPLETE AN ARRANGED RIDE. WE RESERVE THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SERVICES AT ANY TIME WITHOUT NOTICE. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. POGO ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. POGO IS 236 Page 31 of 37 NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICES. 22. LIMITATION OF LIABILITY POGO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. POGO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER OR ANY THIRD PARTY. POGO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND POGO'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT DRIVERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH THE SERVICES OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL POGO'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES AND RIDES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE LIMITATIONS AND DISCLAIMER IN SECTIONS 21 AND 22 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. 237 Page 32 of 37 THE ASSUMPTION OF RISK AND LIMITATION OF LIABILITY SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN POGO AND YOU. 23. Term The Term begins when You begin using the Services, and continues as long as You use the Services. Use of the Services; i.e., accessing the App or the Site, means that You have officially “signed” the Terms. If You sign up for the Services on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms on its behalf. 24. Breach Without limiting other remedies, We may terminate Your account and participation in the Services, remove Your profile information, warn other Users of Your actions, issue a warning, and any other action deemed reasonable by Us in Our sole discretion, if: a) You breach these Terms; b) We are unable to verify or authenticate any information You provide to Us; c) We believe that Your actions may cause financial loss or legal liability for You, Our Users or Us, or subject Pogo or You or any other User to regulation by any state or local government or regulatory agency; or d) We suspect that You have engaged in fraudulent activity in connection with the Services or Rides. 25. Feedback, Complaints and Dispute Resolution Feedback We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by contacting Pogo at support@pogorides.com. Complaints To resolve a complaint regarding the Service, You should first contact Our Customer Service Department at support@pogorides.com. Dispute Resolution - Agreement to Arbitrate You and Pogo agree that any dispute, claim or controversy between You and Pogo arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Rides (collectively, “Disputes”) will be settled by binding arbitration between You and Pogo, except that each party retains the right: (1) to bring an individual action in small claims court and (2) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s 238 Page 33 of 37 copyrights, trademarks, trade secrets, patents or other intellectual property rights (an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the State of Washington (with the exception of any User, Driver, Passenger or Ride Requester that utilizes the Services through the City of Cupertino or the Fremont Union High School District will be resolved in Santa Clara County under California law) and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that You and Pogo are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Pogo otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The parties specifically disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available through www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Unless You and Pogo otherwise agree, the arbitration will be conducted in King County, Washington by one arbitrator (with the exception of any User, Driver, Passenger or Ride Requester that utilizes the Services through the City of Cupertino or the Fremont Union High School District will be resolved in Santa Clara County under California law). If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that You and Pogo submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types 239 Page 34 of 37 and amounts of damages for which a party may be held liable. The prevailing party in the arbitration will be entitled to an award of reasonable attorneys’ fees and expenses. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, Pogo will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). 26. Governing Law These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any conflict of law principles. Any User, Driver, Passenger or Ride Requester that utilizes the Services through the City of Cupertino or the Fremont Union High School District will be resolved in Santa Clara County under California law. 27. Notice Pogo may give notice by means of a general notice on the Services, electronic mail to Your email address in Your account, or by written communication sent by first class mail or pre-paid post to Your address in Your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Pogo, with such notice deemed given when received by Pogo, at any time by first class mail or pre-paid post to 3400 Wallingford Ave N #171, Seattle, Washington 98103. 28. Entire Agreement These Terms constitute the entire and exclusive understanding and agreement between Pogo and You regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pogo and You regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, unless otherwise specified in these Terms. 29. Assignment You may not assign or transfer this Agreement, by operation of law or otherwise, without Pogo’s prior written consent. Any attempt by You to assign or transfer this Agreement, without such consent, will be null and of no effect. Pogo may freely assign or transfer this Agreement without restriction. The assignment shall be to an assignee that is financially and technically capable of performing Pogo’s obligations under this 240 Page 35 of 37 Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. 30. Waiver A party’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of such party. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 31. No Agency You and Pogo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. 32. Headings Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. If You have any questions about these Terms or the Services, please contact Pogo at support@pogorides.com. By using Our Services, You agree to be bound by these Terms. If You don’t agree to these Terms, do not use the Services. 241 Page 36 of 37 EXHIBIT C: INSURANCE REQUIREMENTS AND PROOF OF INSURANCE Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. A. COVERAGE: MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES Software Provider shall maintain the following insurance coverage: Workers' Compensation: Workers’ compensation insurance as required by the State of California, with Salutatory Limits, and‘s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease (if applicable). Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $1,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. Cyber Liability: Insurance, with limits not less than: $2,000,000 each occurrence $2,000,000 aggregate - all other Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 242 Page 37 of 37 If the Software Provider maintains broader coverage and /or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Software Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. END OF ATTACHMENT C 243 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3101 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:10/5/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Consider adopting resolutions establishing a policy for accepting donations and revising the Naming of City Facilities Policy Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution Donation Policy B - Standard Donation Form Sample C - Draft Resolution Naming of City Facilities Policy D - Draft Naming of City Facilities Policy - Redline Version Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Consider adopting resolutions establishing a policy for accepting donations and revising the Naming of City Facilities Policy a. Adopt Resolution No. 17-102 establishing a policy for accepting donations (Attachment A); and b. Adopt Resolution No. 17-103 rescinding Resolution No. 03-162 and amending the Naming of City Facilities Policy (Attachment C) CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™244 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 17, 2017 Subject Consider adopting resolutions establishing a policy for accepting donations and revising the Naming of City Facilities Policy. Recommended Action a. Adopt draft resolution establishing a policy for accepting donations (Attachment A); and b. Adopt draft resolution rescinding Resolution No. 03-162 and amending the Naming of City Facilities Policy (Attachment C). Background The City has been approached by individuals, organizations, and companies interested in donating to the City. Currently, there are no formal guidelines for City staff to follow when handling these requests. Discussion Staff conducted research on donation policies at other agencies to develop the draft Donation Policy. Donation Policy Donations can enhance City services and improve parks through additional funding and resources. The Donation Policy will ensure that donations are consistent with the interests of the City while providing clarity to potential donors and staff. While City Council has the authority to accept donations, the policy proposes to delegate the authority to accept or decline donations valued at or below $25,000 to the City Manager and donations valued at or below $10,000 to the department heads. The policy also establishes acceptance guidelines to ensure that donations are legal, support a public purpose, are consistent with City values, and will be supported over the long-term, if applicable. All donors will be required to complete a Standard Donation Form (Attachment B) to outline the conditions of their donation, if any. For large or complex donations, a formal agreement may also be needed. 245 Naming of City Facilities Policy On September 2, 2003, City Council adopted Resolution 03-162 establishing the Naming of City Facilities Policy which includes details regarding how donations may be recognized and recommended to Council. To avoid overlap and to create a more comprehensive Donation Policy, staff has included these topics in the proposed Donation Policy and recommends removing them from the Naming of City Facilities Policy. Attachment D is a redline version of the Naming of City Facilities Policy to show which sections are recommended for removal. For these reasons, staff recommends that Council approve the draft resolutions to establish the Donation Policy and revise the Naming of City Facilities Policy. Sustainability Impact None anticipated. Fiscal Impact Donations would allow for additional funding and resources for the City to utilize to enhance services and programs. _____________________________________ Prepared by: Katy Nomura, Management Analyst Reviewed by: Jacqueline Guzman, Deputy City Manager Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution: Donation Policy B – Draft Standard Donation Form C – Draft Resolution: Naming of City Facilities Policy D – Draft Naming of City Facilities Policy – Redline Version 246 1 RESOLUTION NO.17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ESTABLISHING A POLICY FOR ACCEPTING DONATIONS WHEREAS, Government Code Section 37354 permits the City Council of a City to accept or reject any donation, gift, bequest or devise (hereinafter “Donation”) made to or for the City for any public purpose, and further empowers a City Council to hold and dispose of such property and funds for such uses as are prescribed in the terms of the Donation; WHEREAS, if the terms of a Donation do not prescribe or limit the uses to which the property or funds received or their income or increase may be put, Government Code Section 37355 permits a City Council to prescribe the designated uses of said Donations; WHEREAS, the administration of the City’s programs and activities occasionally provide opportunities for the City to receive Donations of property or funds; WHEREAS, the Cupertino City Council wishes to establish a policy setting forth the circumstances under which Donations may be accepted, and the rules and protocols to be followed by City staff and potential donors; WHEREAS, the experience of the City is that contribut ions are made under a variety of circumstances, including those received anonymously, with restrictions as to their use, and in other cases unrestricted as to their use and purpose; WHEREAS, the timely acceptance, use, and handling of Donations is a critical component of a program involving contributions, and the City wishes to encourage Donations and the administration of City programs that occasionally provide opportunities to receive Donations; WHEREAS, the City Council further wishes to provide for the effective and legally sufficient means to abide by Donor intentions without compromising the City ’s ability to manage resources and deliver services; WHEREAS, the Cupertino City Council finds and determines that the above recitals are true and correct and material to the adoption of this Resolution. 247 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino adopts and approves the Donation Policy attached and incorporated herein by this reference, as the official donation policy of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October, 2017, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor 248 3 DONATION POLICY I. PURPOSE This policy establishes the Cupertino City Council’s policy for accepting donations and provides guidelines to govern the management and disposition of donations. II. BACKGROUND Donations of every type are offered to the City of Cupertino (City) for general or specific purposes. This policy establishes uniform criteria and procedures for accepting donations and determin ing whether the City has adequate resources to administer the donations. III. SPECIFIC OBJECTIVES 1. To establish an effective and efficient way to manage donations and provide guidelines to donors and City staff; 2. To generate revenue to fund or supplement new and existing programs and activities for the benefit of City and its residents; 3. To work with individuals, organizations and non -profits who support City’s mission and goals. IV. DEFINITIONS For purposes of this policy, the following terms shall mean as follows: 1. Donation: An offer by a donor of any tangible or intangible item which the City is prepared to accept under this policy and guidelines. This includes a monetary (cash) contribution, endowments, personal property, real property, 249 4 financial securities, equipment, in-kind goods, services and any other asset for which the donor has not received any goods or services in return. 2. Donor: An individual or legal entity making a Donati on to the City. 3. Restricted Donation: A donation restricted by the Donor for a particular purpose, program, location or City department. 4. Unrestricted Donation: A donation without any limitations imposed on its intended use and which the City can use for any public purpose. 5. Park and Public Improvement Donation: Real property or items, such as drinking fountains, tables, benches, and equipment that are traditionally intended to improve public areas in parks, in or around public buildings, streets, walkways and trails. V. TYPES OF DONATIONS 1. Donations may be from a single individual, group, organization, business, corporation, or anonymous sources. 2. Donations may be restricted or unrestricted . 3. Donations may be offered in cash, financial securities, or personal property . 4. Donations of real property or any estate in real property may only be accepted as prescribed by state law, including Government Code section 27281, if applicable. 5. The following are subject to other laws or policies and are not governed by this Policy: a. Donations of public art are subject to the General Guidelines for the Selection of Public Art, Resolution No. 05-040. b. Sponsorships, including personal and financial support for a City event are governed by the City’s Sponsorship Policy. c. Contributions intended to benefit a City elected official, appointed official, or employee are governed by state and federal laws. d. Land, real property, concessions, appurtenances, rights of way, street improvements, easements and the like, which are obtained under City authority through regulatory means, negotiations, or as part of a public improvement project, a development project or agreement. 250 5 VI. AUTHORITY TO ACCEPT/REJECT DONATIONS The City at all times shall have the right to accept or decline any Donation, at its sole discretion. Unless otherwise required by federal, state, or local law t he City Council authorizes as follows: 1. Donations of any kind, restricted or unrestricted, which are valued above $25,000 must be presented to the City Council for approval and acceptance, pursuant to a resolution . 2. The City Council delegates the authority to approve and accept Donations valued at or below $25,000 to the City Manager. 3. The City Manager is authorized to delegate authority to accept D onations valued at or below $10,000 to the Director/Head of the Department for which the donation is intended. All Donations are subject to the City Council’s budget appropriation rules and must support programs and activities established by or supported by the City. VII. DONATION EVALUATION GUIDELINES The following criteria should be considered in evaluating Donations and determining whether City should accept or reject said Donations . 1. Donations must be consistent with City interests and support a public purpose; 2. The fair market value of non-monetary donations; 3. Whether the net benefit of a donation outweighs the cost to the City. Net benefit includes all lifecycle costs of ownership, maintenance, repair, clean -up, administration, and the liability, risk, and expense that may be associated with the donation; 4. Donations may not be used to implement new programs or services that are ongoing, unless the City Council approves the necessary funding to cover the costs of initiating and sustaining the new program or service; 5. Real and projected costs should be considered when a donation requires an immediate or initial expenditure, matching donations, or supplemental funding; 6. Potential costs and liabilities should be considered for donations that exclude indemnification, insurance, bonding, or other warranties that the City would normally receive or require through the procurement process; 251 6 7. Consistent with state law, real property will be evaluated based on its physical condition, market value, and any claims, liens, or encumbrances clouding title to the property or reducing its value; and 8. Park and Public Improvement Donations and similar physical items must meet warranty conditions and City standards, if any, to ensure a long life as well as resistance to the weather, wear and tear, and possible vandalism. These donations must cover the cost of purchase, in stallation, and basic maintenance for the life cycle of the accessory, unless otherwise agreed by the City. The City reserves the right to modify, remove , or relocate these items, as appropriate. VIII. DONATION FORMS AND AGREEMENTS All donors are required to submit the Standard Donation Form to the City Manager’s Office or, in the case of a department-specific donation valued at or below $10,000, to the appropriate department head . The City Manager’s Office will be responsible for drafting the Standard Donatio n Form. Donations requiring Council approval/acceptance may require a donation agreement outlining the respective obligations of the donor and the City. Restricted Donations may also be subject to an agreement if either the donor or the City deem it necessary or appropriate. The City Manager’s Office will review all donation agreements which, at a minimum, should include: 1. Contact information of the donor and a designated representative; 2. The type, amount, and value of the donation; 3. The purpose and any use restrictions for the donation, if any; 4. Appropriate recognition of the donor, if desired ; and 5. Waiver, Release, and Disclosure provisions outlining the procedure the City will follow to handle restricted donations that cannot be implemented. IX. DONOR RECOGNITION GUIDELINES In determining the appropriate recognition for a Donor, the following guidelines apply: 1. City will provide Donors an acknowledgement of acceptance of the donation. 2. No City building, facility, structure, equipment or furnishing can be named after a Donor. 252 7 3. The City Council may recognize a donation by a plaque affixed to the appropriate City building, facility, structure, equipment or furnishings. The wording, size, type and location of the plaque shall be determined on a case by case basis. 253 City of Cupertino Standard Donation Form 1 The City of Cupertino acknowledges and thanks individuals and institutions who wish to donate funds, goods/property, and their voluntary time to help the City achieve its public goals and objectives for the betterment of the community. This Donation Form is intended to memorialize the understanding between the City and the Donor. The undersigned Donor wishes to make a donation to the City of Cupertino as described in more detail below. The Donor is (check and complete all that apply): Donating $__________________________ in a lump sum. Donating $__________________________ in _______________________ (monthly, quarterly, etc.) contributions of $________________________ in _______________________ installments. Donating the following (describe products, services, investment securities, real property, etc.) valued at $______________________: Donor wishes to have this donation used as follows (check one): For a general purpose consistent with the City’s adopted goals and objectives, based on the City’s discretion. By the _________________________ (Department/Division) for a general purpose at their discretion. By the _________________________ (City/Department/Division) for the following specific purposes: Except as provided above, the City may use the donation in any manner at its sole discretion and the Donor has no right or obligation to control the City’s use of the donation. 254 City of Cupertino Standard Donation Form 2 Donor understands that the City will endeavor to meet the use conditions of restricted donations, in accordance with the wishes of the donor. If, however, the City is unable to meet the Donor’s restrictions, the City will make reasonable attempts to contact the Donor or the representative identified by Donor in the Form/Agreement to discuss alternative uses or to return the Donation. If City receives no response within 60 calendar days of City’s first attempt to contact the Donor or the representative, Donor agrees to relinquish all rights Donor may have had to the Donation, on behalf of Donor, Donor’s heirs, successors and agents. Donor further understands and agrees that the City shall have the right to use the donation for any other public purpose. The City will make an effort to use the donation for a purpose similar in nature to the originally specified purpose. For Park and Public Improvement Donations: Donations must cover the cost of purchase, installation, and basic maintenance for the life cycle of the accessory unless otherwise agreed upon by the City. The City reserves the right to modify, remove or relocate the accessory. City reserves the right to reject donations that are inconsistent with City’s mission, values, or standard practices. In connection with administering this agreement, the City shall contact the Donor through the following primary representative unless the donor chooses to remain anonymous. In the event the primary representative cannot be reached, the City shall contact the secondary representative listed. The Donor agrees that both the primary and secondary representatives hold the authority to execute this agreement. Donor/Primary Representative:_____________________ E-Mail:______________________ Mailing Address:______________________________________________________________ Phone: ________________________ Fax:__________________________ Secondary Representative: ________________________ E-Mail:_______________________ Mailing Address:______________________________________________________________ Phone: _________________________ Fax: _________________________ I wish to remain anonymous. (Check box) 255 City of Cupertino Standard Donation Form 3 FOR CITY USE ONLY Approved/Declined by ______________________________ (Name/Title, Council) on _______________ (Date). In addition to the foregoing, the Donor understands and agrees that: a. Once approved, this form will serve as an acknowledgement of receipt of the donation. b. Any recognition will only be made at the City’s discretion. Donor/Representative Signature: _____________________________ Date: ____________ Donor/Representative Name (Print): _____________________________________________ 256 RESOLUTION NO. 17- A RESOLUTION OF THE CUPERTINO CITY COUNCIL RESCINDING RESOLUTION NO. 03-162 AND ADOPTING AN AMENDED NAMING OF CITY FACILITIES POLICY WHEREAS, on September 2, 2003 the Cupertino City Council adopted Resolution No. 03-162 adopting the Naming of City Facilities and Recognition of Donors Policy; WHEREAS, on October 17, 2017 the Cupertino City Council adopted Resolution No. 17-______ , which established the City’s Donation Policy; WHEREAS, Sections 3, 4, and 5 of Resolution No. 03-162 are redundant and similar provisions are included in the new Donation Policy of the City of Cupertino established by Resolution No. 17-______; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby takes the following actions: Section 1: Rescinds Resolution No. 03-162 Section 2: Adopts and approves the Naming of City Facilities Policy attached. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October, 2017 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ___________________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, 257 Resolution No. 17- Page 2 NAMING OF CITY FACILITIES POLICY I. PURPOSE The purpose of this document is to define the policies, procedures, and responsibilities associated with the naming of city facilit ies, portions thereof, structures, equipment and furnishings thereof. II. POLICY GUIDELINES 1. Naming Policy City buildings and facilities should be named in a manner that will provide an easy and recognizable reference. City buildings, facilities or portions thereof, structures, equipment and furnishings may be named: a) For their geographical location, e.g., neighborhood, major street regional area or the city itself. b) To honor or recognize individuals, including but not limited to, retired elected officials or community volunteers, who have made extraordinary non-monetary contributions to the City of Cupertino, the region, or to the general public. 2. Procedure for Naming: a) The naming of any city building, facility or portion thereof, structure, equipment or furnishing, based upon the above described guidelines, is subject to the approval of the city council, upon recommendation of the city manager and after the conduct of at least one public hearing. 258 Resolution No. 17- Page 3 b) The city council may refer a particular naming issue to an appropriate commission for the purpose of making a recommendation to the council. c) The city council may remove a name from a city building, facility or portion thereof, structure, equipment or furnishings when deemed by the city council to be in the best interests of the city. 259 Resolution No. 17- 03-162 City of Cupertino The Naming of City Facilities and Recognition of Donors Policy and ProcedureNAMING OF CITY FACILITIES POLICY I. PURPOSE The purpose of this document is to define the policies, procedures, and responsibilities associated with the naming of city facilities, portions thereof, structures, equipment and furnishings thereof and to provide a process for the recognition of private donations and in-kind contributions to the city. II. POLICY GUIDELINES 1. Naming Policy City buildings and facilities should be named in a manner that will provide an easy and recognizable reference. City buildings, facilities or portions thereof, structures, equipment and furnishings may be named: a) For their geographical location, e.g., neighborhood, major street regional area or the city itself. b) To honor or recognize individuals, including but not limited to, retired elected officials or community volunteers, who have made extraordinary non-monetary contributions to the City of Cupertino, the region, or to the general public. 2. Procedure for Naming: a) The naming of any city building, facility or portion thereof, structure, equipment or furnishing, based upon the above 260 Resolution No. 17- 03-162 2 described guidelines, is subject to the approval of the city council, upon recommendation of the city manager and after the conduct of at least one public hearing. b) The city council may refer a particular naming issue to an appropriate commission for the purpose of making a recommendation to the council. c) The city council may remove a name from a city building, facility or portion thereof, structure, equipment or furnishings when deemed by the city council to be in the best interests of the city. 3. Recognition of Financial Donations and In-Kind Contributions a) No city building, facility or portion thereof, structure, equipment or furnishing shall be named after an individual, group, organization or business as a result of a financial donation or in-kind contribution to the city. b) A donation or in-kind contribution which is accepted by the city council may be recognized by a plaque affixed to the appropriate city building, facility or portion thereof, structure, equipment or furnishings which shall read as follows: This [identification of facility] was made possible in part by the generous contribution of _______________ and his/her family; or This [identification of facility] was made possible in part by the generous contribution of ____________________ [business or organization] ; or This [identification of facility] was made possible in part 261 Resolution No. 17- 03-162 3 by the generous contribution of ________________ in the name of ________________; or similar language. c) The size, type and location of the plaque shall be determined, on a case by case basis, by the city council upon recommendation of the city manager. d) The city council may also cause to be designed a plaque or other object to be affixed to the city building, facility, or portion thereof, structure, equipment or furnishings which recognizes a group of donors and contributors to the city. e) A copy of these guidelines will be given to any donor or contributor prior to submission of the donation or contribution to the city council for acceptance unless these guidelines are amended by the city council. The acceptance by the city council of any donation or in-kind contribution is expressly conditioned upon adherence to these guidelines. 4) Recommendation by City Manager for acceptance of a gift a) Prior to acceptance by the city council, a donation or in-kind contribution shall first be submitted to the city manager for recommendation to the city council. 5) Maintenance of recognition plaque, tree or other gift a) The city will make reasonable efforts to preserve any recognition plaque or other dedicated object. If necessary, due to repair of surrounding areas, construction or redesign of a 262 Resolution No. 17- 03-162 4 building or facility, the plaque may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained, it may be removed by order of the city council b) If the dedication includes a gift of a plant or tree, the city will provide its regular standard of landscape care for the plant or tree. If the plant or tree does not survive, the city is not obligated to provide a replacement. If the dedication includes the gift of an object such as a bench, picnic table, play equipment, etc., the city will provide its regular standard of care and maintenance for the object. c) Any plant, tree, or object donated to the city and any plaque recognizing the donation may be removed at the discretion of the city council when it deems that such removal would be in the best interests of the city. 263 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-3124 Name: Status:Type:Ordinances and Action Items Agenda Ready File created:In control:10/10/2017 City Council On agenda:Final action:10/17/2017 Title:Subject: Designation of a primary representative and alternate for the City of San Jose’s Ad Hoc Advisory Committee on South Flow Arrivals Sponsors: Indexes: Code sections: Attachments:Staff Report A - Email Invitation from the City of San Jose B - City of San Jose Memorandum C - City of San Jose Presentation Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Designation of a primary representative and alternate for the City of San Jose’s Ad Hoc Advisory Committee on South Flow Arrivals Designate a primary representative and one alternate for the City of San Jose’s Ad Hoc Advisory Committee on South Flow Arrivals CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™264 OFFICE OF THE CITY MANAGER CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: October 17, 2017 Subject Designation of a primary representative and alternate for the City of San Jose’s Ad Hoc Advisory Committee on South Flow Arrivals. Recommended Action Designate a primary representative and one alternate for the City of San Jose’s Ad Hoc Advisory Committee on South Flow Arrivals. Discussion Since the summer of 2016, the San Jose International Airport (SJC) has received many complaints from residents of surrounding communities related to noise impacts when the airport operates in south flow configuration. Normally, aircraft at SJC land descending from the south (over parts of downtown San Jose) and take off heading north. However, under certain weather conditions (mostly increased wind speed from the south), for the sake of operational safety, the FAA requires pilots o f arriving aircraft to follow a “south flow” arrival procedure that can take descending aircraft over parts of Cupertino, Sunnyvale, Mountain View and other communities as they prepare to land at SJC. The City has responded to resident complaints by advocating on behalf our residents and creating an aircraft noise webpage with information and resources for residents (www.cupertino.org/aircraftnoise). In January, Mayor Vaidhyanathan and Cupertino staff met with Congressman Ro Khanna to discuss the community’s aircraft noise concerns. Congressman Khanna agreed to support efforts to address the noise issue and convened a meeting with Cupertino, Sunnyvale, Mountain View, and San Jose in March. Soon after, Congresswoman Anna G. Eshoo, Congressman Jimmy Panetta, and Congressman Ro Khanna sent a letter to the Cities Association of Santa Clara County requesting their assistance with establishing a long term forum for aircraft noise concerns in the South Bay. In response, the Cities Association formed an Ad Hoc Committee where Mayor Vaidhyanathan serves as the City of Cupertino’s representative. 265 In September, San Jose Airport staff proposed the formation of the Ad Hoc Advisory Committee on South Flow Arrivals at the San Jose City Council’s Transportation and Environment Committee meeting. Cupertino staff attended and expressed the City's support for the formation of the ad hoc advisory committee with the expectation of collaboration between this committee and the Cities Association ’s Ad Hoc Committee regarding aircraft noise. The San Jose City Council authorized the formation of the Ad Hoc Advisory Committee at their October 3, 2017 meeting. The charge of the Ad Hoc Advisory Committee will be to: Gather input, concerns, and comments from the general public on the south flow issue. Identify and discuss possible options to address this procedure’s noise impacts. Recommend potential “feasible” options for FAA consideration. The operating parameters are as follows: The focus is on the south flow issue only. The Committee will sunset after 120 days. The Committee will not adopt any recommendations that will impact a community not represented on the Committee. Every city in Santa Clara County, as well as the County of Santa Clara, will be invited to participate on the Committee. Each jurisdiction is welcome to appoint one elected official and one elected alternate, except the City of San José, which will have two representatives. Each participating jurisdiction will have one vote on the Committee, except the City of San Jose, which will have two votes. At least 2/3rds of participating members will be needed to adopt a recommendation. The FAA will have the sole authority to determine the “feasibility” of any proposed recommendations. A final report with preliminarily feasible recommendations would be shared with FAA and Congressional offices for their information and review. The City of Cupertino has been invited to participate in the Ad Hoc Committee and must designate one primary representative and one alternate by November 3rd in order to join. Mayor Vaidhyanathan currently represents Cupertino on the Cities Association Ad Hoc Committee regarding aircraft noise and has expressed interest in serving as the primary representative for San Jose’s Ad Hoc Advisory Committee. She also suggested Councilmember Steven Scharf as the alternate representative. 266 Sustainability Impact None anticipated. Fiscal Impact None anticipated at this time. _____________________________________ Prepared by: Katy Nomura, Management Analyst Reviewed by: Jacqueline Guzman, Deputy City Manager Approved for Submission by: David Brandt, City Manager Attachments: A – Email Invitation from the City of San Jose B – City of San Jose Memorandum C – City of San Jose Presentation 267 From: Adams, Janelle [mailto:JAdams@sjc.org] On Behalf Of Aitken, John Sent: Friday, October 06, 2017 8:55 AM To: Aitken, John <JAitken@sjc.org> Subject: South Flow Arrivals - Gov't Stakeholders On behalf of Mayor Sam Liccardo and the San José City Council, we are inviting all Santa Clara County cities and the County of Santa Clara to participate on the Ad Hoc Advisory Committee on South Flow Arrivals. Since the summer of 2016, the San José International Airport has received many complaints from residents of surrounding communities related to noise impacts when the Airport operates in south flow configuration (when planes take off and land in the reverse direction of the typical north flow operations). In response to resident concerns, and to a recommendation from the San José Airport Commission, on October 3, 2017, the San José City Council authorized the formation of the Ad Hoc Advisory Committee on South Flow Arrivals. The charge of the Ad Hoc Advisory Committee will be to: 1. Gather input, concerns, and comments from the general public on the south flow issue. 2. Identify and discuss possible options to address this procedure’s noise impacts. 3. Recommend potential “feasible” options for FAA consideration. The operating parameters of the Committee adopted by the City Council are as follows: The focus is on the south flow issue only. The Committee will sunset after 120 days. The Committee will not adopt any recommendations that will impact a community not represented on the Committee. Every city in Santa Clara County, as well as the County of Santa Clara, will be invited to participate on the Committee. Each jurisdiction is welcome to appoint one elected official and one elected alternate, except the City of San José, which will have two representatives. Each participating jurisdiction will have one vote on the Committee, except the City of San José, which will have two votes. At least 2/3rds of participating members will be needed to adopt a recommendation. The FAA will have the sole authority to determine the “feasibility” of any proposed recommendations. A final report with preliminarily feasible recommendations would be shared with FAA and Congressional offices for their information and review. FAA representatives can participate in Committee meetings, when invited, to provide technical information, but the FAA is not a member and does not vote on Committee recommendations. Therefore, appropriate FAA staff has agreed to participate in the Committee’s meetings. Their role will be to provide information on the south flow procedure and provide feedback on the feasibility of any Committee recommendations to address the noise impacts. The FAA Air Traffic Organization can provide technical expertise on operational issues and airspace procedure design when requested by the Committee. 268 The FAA will look for the Committee to make “well-established” recommendations that involve potential airspace operational changes through the airport sponsor. A “well-established” recommendation would have some recognition of the impacts (e.g., to the airspace and all potentially affected communities) and thorough discussion/vetting takes place during the Committee’s meetings before adoption for FAA for consideration – especially if it involves amending or creating a new procedure. After the FAA determines a recommendation to be initially feasible and flyable, from a safety and efficiency perspective, the FAA has to conduct mandated environmental and safety reviews. It is important for the Committee to understand that its recommendations will be new actions whose associated reviews have many steps, are dependent on available resources and may take a period of months to accomplish. With the above understanding, the FAA is willing to subsequently take a more detailed look at any adopted recommendation it initially determines may have the potential to reduce the noise impact on residents while allowing the agency to accomplish its mandate to ensure the safe and efficient use of the National Airspace System. Mineta San José International Airport staff will provide non-technical support. To reiterate, neither the FAA nor Airport staff will vote on Committee recommendations (although the City of San José will be voting members of the Committee). If your jurisdiction would like to participate on the Ad Hoc Committee, we ask that you designate one primary representative and one alternate representative that will participate when the primary representative is unable to attend a meeting. Both representatives must be elected officials. We ask that you provide us the name, email address and a daytime phone number for each appointed representative by no later than close of business Friday, November 3, 2017. We also ask that each primary appointee also identify days of the week and parts of day (morning or afternoon) that work best for them for regular meetings (e.g., Wednesday mornings and Thursday afternoons). Please provide at least three days and times that would work for you. We anticipate that meetings will occur during daytime business hours and would last a maximum of three hours. Based on the information we receive, we will look to schedule meetings to encourage maximum attendance. Please send the name of your primary and alternate appointees to Assistant to the Director James Webb, Jr. Mr. Webb’s email address is jwebb@sjc.org. We are planning an organizational meeting in San José sometime in the mid-November timeframe. We hope to confirm the date, time as well as the location as quickly as we can in the near future. In the meantime, please provide us with the requested information about your designated representative and alternate. The purpose of the organizational meeting will be to review the parameters of the Committee’s operation, elect a chair and vice chair and discuss a draft work plan to guide the overall effort. FAA staff will also be present at the meeting and will offer comment. This meeting will not get into the substance of the south flow issue and while the meeting will be open to the public, no public comment will be taken at this specific meeting. We anticipate the organizational meeting will be relatively short. The Ad Hoc Advisory Committee is the region’s opportunity to talk with the FAA about possible remedies to reduce the noise impacts of the south flow procedure. If your jurisdiction is interested in participating on this committee, please provide us with the information requested above by Friday, November 3. Any questions about this committee can be directed to Mr. Webb. Mr. Webb can be reached via email at jwebb@sjc.org or at (408) 392-3609. 269 Sincerely, John Aitken, A.A.E. Director of Aviation 270 CITY OF fir j3tSMJQSE______ capital of silicon valley TO: HONORABLE MAYOR AND CITY COUNCIL COUNCIL AGENDA: 10/3/2017 ITEM: 6.1(17-156) Memorand FROM: Toni J. Taber, CMC City Clerk SUBJECT: SEE BELOW DATE: September 21,2017 SUBJECT: FORMATION OF THE AD HOC ADVISORY COMMITTEE ON SOUTH FLOW ARRIVALS RECOMMENDATION: As recommended by the Transportation and Environment Committee on September 11, 2017, approve staffs report to allow staff to work with Santa Clara County cities and the County to form the Ad Hoc Advisory Committee on South Flow Arrivals. 271 T&E AGENDA: 09/11/2017 ITEM: d (3) CITY OF Memorandum CAPITAL OF SILICON VALLEY TO:TRANSPORTATION AND ENVIRONMENT COMMITTEE FROM:John Aitken Interim Director of Aviation SUBJECT:FORMATION OF THE AD HOC ADVISORY COMMITTEE ON SOUTH FLOW ARRIVALS DATE:August 21, 2017 Approved Date a z\Hr RECOMMENDATION Approve staffs report and forward to the full City Council a recommendation to allow staff to work with Santa Clara County cities and the County to form the Ad Hoc Advisory Committee on South Flow Arrivals. OUTCOME Approval of the recommendation would authorize Airport staff to work with Santa Clara County cities and the County of Santa Clara to form the Ad Hoc Advisory Committee on South Flow Arrivals. The Ad Hoc Advisory Committee would be an advisory body comprised of elected officials from several local jurisdictions and would review the south flow arrival procedure and present recommendations to the FAA for consideration in reducing south flow noise impacts on surrounding communities. The FAA would also be a participant in the discussions. The Committee would be expected to complete its work within 120 days of its first meeting. EXECUTIVE SUMMARY Aircraft normally land at Mineta San Jose International Airport (SJC) from the south (over downtown San Jose) and depart heading north. However, for safety reasons, weather conditions sometimes require arriving aircraft to land from the north. The northern landing procedure, known as “south flow,” requires aircraft to descend over parts of several surrounding communities, including Cupertino, Sunnyvale and Mountain View as they approach SJC. The south flow arrival approach generates significantly more noise complaints than the northern flow arrival approach. For much of the past year, weather conditions around the Airport have required a greater use of the south flow procedure. In addition, as the FAA has deployed new air traffic control technology and, as aircraft have incorporated new equipment to taken advantage of the FAA’s technology, the arrival path has become increasingly more precise. This has reduced the noise impacts for some residents but dramatically increased it for those residents living directly under the flight path. 272 TRANSPORTATION & ENVIRONMENT COMMITTEE August 21,2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 2 of 9 Over most of the past year, staff has seen a significant increase in the number of noise complaints from those residents living under the flight path in the most impacted communities. The number of monthly complaints received by the Airport rose from 716 complaints from 82 residents in July 2016 to more than 44,000 complaints from 376 residents in January 2017. About 96% of the January complaints originated in Sunnyvale and Cupertino. However, in recent months, the number of complaints has declined as weather conditions have not required the use of south flow procedures as frequently. In November 2016 Sunnyvale residents attended the Airport Commission meeting to ask the Commission to address their noise concerns. The Commission requested staff to write the FAA to ask for solutions to address the south flow noise issue. While the FAA responded to staffs correspondence, the response offered no adjustments in the procedure. Sunnyvale and Mountain View residents returned to the Commission in February 2017 to request the Commission’s support for the formation of a roundtable noise committee to meet periodically with staff and FAA officials to discuss noise issues. In response, the Commission voted unanimously to recommend the formation of a roundtable noise committee that includes FAA participation. In March, the Airport hosted a meeting organized by Congressman Ro Khanna’s office. Elected officials from Sunnyvale, Mountain View, Cupertino, San Jose, the FAA and the Airport attended to discuss the south flow issue and possible solutions. There was consensus that it would be constructive to have public information and discussion forums to understand why the south flow procedure is used and to review possible solutions to reduce the noise for the most impacted residents. The FAA and the Airport would participate in the forums. In response to the Commission’s recommendation, staff reviewed the formation and structure of the Select Committee on South Bay Arrivals, which was an ad hoc noise committee formed in May 2016 by Congresswoman Anna Eshoo, Congresswoman Jackie Speier and former Congressman Sam Farr. The Select Committee brought together elected officials from the jurisdictions of three counties to look at the noise impacts of the FAA’s 2015 implementation of its NextGen technology. The Committee ultimately made a series of consensus-based recommendations before disbanding in November 2016. The three Congressional offices endorsed and transmitted the Committee’s recommendations to the FAA for review. The FAA is now studying those recommendations. In reviewing the Select Committee model, staff concluded the ad hoc model is a good process for conducting a regional discussion on possible solutions to address the noise impacts of the south flow procedure. Staff is therefore requesting that Council approve the formation of the Ad Hoc Advisory Committee on South Flow Arrivals. The Committee would be an advisory body with no legal authority. Its purpose would be to provide potentially feasible and consensus-based recommendations to the FAA to reduce the noise impacts of the south flow procedure. To encourage the maximum degree of inclusiveness and consensus, all Santa Clara County cities would be invited to participate on the Committee. FAA staff would also participate in the discussions. Airport staff would provide non-technical support. 273 It is anticipated that the FAA would conduct detailed analysis, including safety and environmental reviews and seeking industry (e.g., the Airport and airlines) and air traffic controller feedback, for those recommendations the FAA assesses as “preliminarily feasible” before considering whether to initiate a formal amendment process. The Committee’s recommendation(s) would also be transmitted to the offices of Congressman Ro Khanna, Congresswoman Anna Eshoo, Congresswoman Zoe Lofgren and Congressman Jimmy Panetta for their information and review. It is staffs belief that an ad hoc committee will be the best approach to secure the appropriate level of FAA support for a solution that has strong regional consensus. BACKGROUND TRANSPORTATION & ENVIRONMENT COMMITTEE August 21, 2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 3 of 9 Increasing Noise Complaints about South Flow Operations In the summer of 2016, Airport staff began receiving a growing number of noise complaints about the use of “south flow operations” at the Airport. What Are South Flow Operations? Normally, aircraft at SJC land descending from the south (over parts of downtown San Jose) and take off heading north. However, under certain weather conditions (mostly increased wind speed from the south), for the sake of operational safety, the FAA requires pilots of arriving aircraft to follow an arrival procedure that can take descending aircraft over parts of Cupertino, Sunnyvale, Mountain View and other communities as they prepare to land at SJC. When that arrival procedure is used, air operations are in “south flow.” Recently, the use of the procedure has increased significantly as wind conditions that cause the need for south flow operations have started earlier in the day and have been lasting longer. In addition, since 2015, new air traffic control technology installed by the FAA and in aircraft have resulted in more precise and compacted arrival patterns, especially over Sunnyvale, Cupertino and Mountain View. While this has reduced noise for some residents, it has increased the noise for those residents living directly under the more precise arrival flight path. Attachments A-l and A-2 show the flight path and how often it has been used over the last several years. The greater use of south flow operations has resulted in a significant increase in noise complaints from the impacted residents, primarily in Sunnyvale and, to a lesser extent, Cupertino and Mountain View. For example, in July 2016, the Airport received 716 noise complaints from 82 residents in the region. However, in January 2017 more than 44,000 noise complaints were received from 376 residents. More than 96% of the January complaints originated in Sunnyvale and Cupertino. However, as weather conditions in recent months have required less use of the south flow procedure, there has been a notable decrease in the number of complaints and complainants. 274 TRANSPORTATION & ENVIRONMENT COMMITTEE August 21, 2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 4 of 9 Commission Response to South Flow Noise Concerns Letter to the FAA At the November 14, 2016 meeting of the Airport Commission, staff briefed the Commission about the growing number noise complaints related to the Airport’s south flow operations. A number of Sunnyvale residents attended the meeting and requested the Commission to take action to address their noise concerns. Although the Airport has no jurisdiction over air traffic control procedures, in response to the residents’ concerns, the Commission recommended that staff write to the FAA to request a review of the south flow operations procedures with a goal of identifying possible solutions to reduce the noise impact on residents. Staff prepared such a letter in November 2016. In January 2017, the FAA responded that changed weather conditions was causing the increased use of the south flow approach and that the approach “is the least favorable configuration” and “is not utilized more than necessary.” However, the response offered no adjustments in the operation. Staffs November 2016 letter and the FAA’s January 2017 response are contained in Attachments B and C. Recommendation to Form a Noise Roundtable Impacted residents attended the February 27, 2017 Commission meeting to again express their continued concerns about the south flow noise issue and to request the Commission support the formation of a noise roundtable, similar to the noise roundtable for SFO, to meet periodically to discuss noise issues. The SFO roundtable membership includes FAA participation and thus is a forum where the community, the FAA and the airport can discuss noise issues and possible solutions. The Commission voted unanimously (7-0) to recommend the formation of a noise roundtable that includes FAA participation. In March 2017, staff participated in a meeting with Congressman Ro Khanna’s staff, elected officials from Sunnyvale, Cupertino, Mountain View and San Jose (represented by Councilmember Chappie Jones), as well as FAA regional staff, to discuss the south flow issue and possible solutions. As part of the discussion, there was general agreement that it would be useful to have public information and discussion forums bringing the impacted communities and the FAA together to disseminate information on the issue and to reach consensus on possible solutions that the FAA would be willing to consider. The impacted communities want to communicate their concerns to the FAA and the FAA wants to discuss the issue with representatives who can speak for the impacted communities. These components are consistent with the basic function of a noise roundtable. Given the number of complaints received by Airport staff and the specificity of the issue that has generated most of the complaints, staff looked to the 2016 Select Committee on South Bay Arrivals as the model process for conducting a regional discussion with the FAA on the south flow issue. 275 TRANSPORTATION & ENVIRONMENT COMMITTEE August 21, 2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 5 of 9 ANALYSIS The Select Committee on South Bay Arrivals In 2015 residents of communities in parts of Santa Cruz, Santa Clara and San Mateo counties voiced concerns about increased aircraft noise as a result of flight path changes related to the FAA’s implementation of its NextGen technology. The focus of the NextGen program is to improve air traffic safety and efficiency. The implementation of the program resulted in the altering of flight paths into SFO and SJC that generated new noise impacts on the residents of communities in Santa Cruz, San Mateo and Santa Clara counties. To address the noise issue, Congressional representatives from the three counties (Congresswoman Anna Eshoo, Congresswoman Jackie Speier and former Congressman Sam Farr) worked together to form an ad hoc noise committee known as the Select Committee on South Bay Arrivals (the Select Committee). The Committee’s overall charge was to: 1. Review proposals the FAA deemed feasible for addressing aircraft noise impacts related to its implementation of its NextGen program; and 2. Make consensus-based recommendations to the three Congressional offices to address the impacts. The Congressional offices would transmit the recommendations to the FAA for review. “Feasible” was generally defined as solutions that would allow the FAA to meet its air safety and operational efficiency mandates. The Select Committee consisted of twelve elected officials - four county supervisors and eight city councilmembers - representing all three counties. Alternates were also appointed. The Committee was chaired by Santa Clara County Supervisor Joe Simitian. Altogether, twenty jurisdictions (including one school district) were represented by the Committee. The FAA provided substantial technical support at each Committee meeting. The Committee sought strong consensus among its membership on its recommendations as the FAA made it clear that it wanted regional consensus on recommendations. Therefore, early in its deliberation process, the Committee defined consensus as at least eight of twelve members with at least one vote from jurisdictions in each of the three Congressional districts represented on the Committee. In fact, a great majority of the Committee’s 45+ recommendations were unanimous. The Committee held an organizational meeting in early May 2016 to determine how they would operate. From late May to mid-November 2016, the Committee also had five technical briefings with the FAA (done mostly through conference calls). From mid-July through mid-November 2016 the Committee held ten working meetings. During the working meetings, there was robust discussion between Committee members and FAA staff. It was out of those discussions that the Committee made 45+ recommendations to the Congressional offices. The recommendations addressed not only the impacts of NextGen implementation but also other aircraft noise issues impacting the region, including the south flow issue. As part of its recommendations, Recommendation 2.13 of the Committee’s final report contained the following comments: 276 TRANSPORTATION & ENVIRONMENT COMMITTEE August 21, 2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 6 of 9 “Under normal conditions, aircraft arriving at San Jose International Airport (SJC) arrive from the south and depart heading north. During inclement weather, or a significant change in wind direction over the San Jose area, the takeoff and landing approaches are temporarily reversed with aircraft arriving at SJC from the north and departing to the south. This “Reverse Flow ” brings arriving aircraft in at lower altitudes to the west of SJC, over the communities of Palo Alto, Mountain View, and Sunnyvale. It has been suggested that the “Reverse Flow ” approach could instead arrive from the east of SJC, using a “Normal Flow ” departure procedure that is not used during “Reverse Flow ” conditions. The FAA has advised the Committee that this proposed solution, however, has the potential to move existing noise to another community (a community not represented by the congressional districts that established the Select Committee). For that reason, the Select Committee has not endorsed this proposed solution. The FAA may, however, wish to examine whether this proposed solution, or a variation thereof, could be effectively implemented without shifting noise. ” The Committee adopted this recommendation by a unanimous vote of 12-0. The Committee concluded its work on November 17, 2016 - just over six months after it began meeting. As of this writing, the FAA is reviewing the feasibility of the recommendations it accepted from the Committee. While the airports (SFO and SJC) and airlines were not represented on the Committee and were not asked to comment or to provide information to the Committee during its discussions, as key stakeholders, they will be consulted as part of the FAA’s feasibility review. Proposal: The Formation of the Ad Hoc Advisory Committee on South Flow Arrivals Airport staff is recommending the Council authorize staff to work with Santa Clara cities and the County and the FAA to form the Ad Hoc Advisory Committee on South Flow Arrivals. Committee objectives would include: 1. hearing public concerns and comments on the south flow issue; 2. identifying and discussing possible options to address the procedure’s noise impacts; and 3. adopting feasible recommendations for FAA consideration. The Ad Hoc Advisory Committee would be an advisory body with no legal authority. The Committee’s purpose would be to provide potentially feasible and consensus-based recommendations to the FAA to reduce the noise impacts of the south flow procedure. Every city in Santa Clara County, as well as the County of Santa Clara, will be notified of the Committee’s formation. Any jurisdiction that believes its residents are impacted or could be impacted by south flow operations will be welcome to participate on the Committee. Alternates should be appointed from each participating agency so that each member will be continuously represented on the Committee. The Committee’s sole focus would be the south flow issue only. It was the south flow issue, and only the south flow issue, that prompted resident calls for Commission support of some type of 277 public forum to address the issue. Accordingly, the Committee’s focus would be solely on south flow issues. While not all Santa Clara County cities are affected by south flow operations, and those that are may not be affected to the same degree, staff believes that any community who believes it is impacted or could be impacted in the future by south flow operations, regardless of the degree of impact, can participate on the Committee. The Committee will be expandable. Cities that elect not to participate at the beginning of the review process may participate in later meetings if they believe the discussion topics may impact their communities. However, the Committee should not adopt any recommendation that will impact a community that is not represented on the Committee. FAA staff will be available to participate in the Committee’s discussions to provide technical expertise on operational issues and air space procedure design, to provide preliminary comment on the feasibility of proposed solutions, etc. However, FAA staff will not be Committee members and will not vote on Committee actions, including any recommendations. Airport staff will provide non-technical support, as needed. While the City of San Jose may participate as a member of the Committee, Airport staff, in its support role, will not be part of the Committee, will not participate in Committee discussion unless specifically asked to provide information and will not vote on Committee actions or recommendations. The Committee would be convened for a 120-day period toil) hear public comments; 2) discuss and define the nature of the problem; 3) identify and discuss possible solutions to address/improve the problem; 4) reach consensus on possible solutions for FAA consideration; and 5) hear public comments on the recommended solution(s). The 120 days will begin at the first meeting after the initial organizational meeting. Each participating jurisdiction will have one vote on the Committee. While there would ideally be unanimous consensus on any Committee recommendation, staff recommends that at least a two-thirds vote ofparticipating member jurisdictions would need to vote in the affirmative to adopt a recommendation. For the sake of receiving FAA consideration, staff agrees with the FAA that the stronger consensus, the better. A primary objective of the Committee should be to find a high degree of consensus on recommendations that will encourage FAA consideration of those recommendations. In fact, the FAA has reaffirmed that it would like to see strong consensus on any adopted recommendation. Staff believes the FAA is less likely to consider recommendations that are adopted by only a slim majority of the Committee members. Ideally, through discussions with the FAA, the Committee would develop consensus around one or more “preliminarily feasible” solutions. The factors that would make a recommendation “preliminarily feasible” would be determined solely by the FAA and outlined at the Committee’s first meeting. Staffs assumption is that the FAA would provide feedback during the Committee’s discussions on its assessment of the preliminary feasibility of any specific proposed solutions identified by the Committee so that the Committee does not invest an excess of time and effort on solutions the FAA would not assess as feasible. It is important to note an FAA initial assessment of preliminary feasibility and adoption by the Committee does not ensure the recommendation will be implemented. If any solutions are TRANSPORTATION & ENVIRONMENT COMMITTEE August 21, 2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 7 of 9 278 assessed as preliminarily feasible by the FAA and subsequently adopted by the Committee, the FAA would need to conduct detailed analysis to fully assess the feasibility of the recommendation. As part of this effort, the FAA will conduct formal environmental and safety reviews, and coordinate and seek feedback from affected members of the industry (e.g., the Airport and airlines) and the National Air Traffic Controllers Association (NATCA) before considering the initiation of a formal amendment process. At the end of the Committee’s review, its consensus-based recommendation(s) would also be transmitted to the Congressional offices for their information and review. POLICY ALTERNATIVES TRANSPORTATION & ENVIRONMENT COMMITTEE August 21, 2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 8 of 9 Alternative #1: Do not form an Ad Hoc Advisory Committee on South Flow Arrivals. Pros: Air traffic control is a federal, not local, responsibility. Neither the Airport Commission- the Airport’s current forum for addressing community noise concerns - nor the Airport staff have the personnel, expertise or authority to address the concerns of the public on the noise impacts of south flow operations. Cons: Airport noise is a local issue for residents in the impacted areas. While the Airport has no authority for determining when the south flow procedure is utilized, the creation of an ad hoc advisory body of stakeholders could provide a mechanism to explore options for reducing noise. Reason for not recommending: To be responsive to public concerns about the noise impacts of south flow procedure, staff believes an ad hoc advisory committee may be helpful in identifying possible solutions to reduce those impacts. In addition, staff believes an ad hoc advisory committee would be the best mechanism for hearing and addressing the concerns of the impacted communities and for providing recommendations to the FAA. Finally, staff believes that an ad hoc advisory committee has the highest potential for building a needed regional consensus on recommendations for consideration by the FAA. PUBLIC OUTREACH A copy of this report has been provided to several community groups interested in the issue, the mayors of each city in Santa Clara County, the Santa Clara County Board of Supervisors, the FAA and the Congressional offices representing Santa Clara County. Copies of the report were also shared with the Airport Commission as well as posted on the Airport’s noise website for any interested member of the public to access. In addition, should staff be authorized to work with the Santa Clara County’s city mayors and to the Board of Supervisors to form the Committee, Mayor Liccardo would be asked to prepare a letter to encouraging them to participate and to identify primary and alternate members to serve on the Committee. COORDINATION This report was coordinated with the City Attorney’s Office. 279 COMMISSION RECOMMENDATION TRANSPORTATION & ENVIRONMENT COMMITTEE August 21, 2017 Subject: Formation of the Ad Hoc Advisory Committee on South Bay Arrivals Page 9 of 9 As noted earlier, the Airport Commission took public input on the south flow issue at its November 2016 and February 2017 meetings. At both meetings, some members of the public called for the formation of a roundtable to discuss the south flow issue. The public call for a roundtable was stronger at the February 2017 meeting than the November 2016 meeting. At the February meeting, by a vote of 7-0, the Commission voted to recommend the formation of a roundtable that includes FAA participation. Although this report was not ready in time for the May 8 Commission meeting, staff provided a high-level outline of the direction of the report to provide the Commission with an idea of what staff would be recommending to the Transportations and Environment Committee and to encourage the Commission to express any comments on staffs proposed approach. The Commission expressed no concerns or objections to the direction outlined by staff. COSTS Staff anticipates that most of the cost would be limited to Airport staffs time and some potential costs associated with graphic layout and printing of the final report (estimated to be about $1,000). Staffs time will be spent working with the staffs of key stakeholders in organizing and supporting the Committee’s meetings and supporting the drafting of the Committee’s final report and recommendation(s). CEOA Not a Project, PP10-069 (a), Staff Reports/Assessments/Annual Reports/Informational Memos that involve no approvals of any City actions. Is/ JOHN AITKEN Interim Director of Aviation For questions, please contact Jim Webb, Assistant to the Director, at (408) 392-3609. Attachment A-l: Attachment A-2: Attachment B: Attachment C: Diagram of South Flow Flight Path Total Number of South Flow Operations Compared to Total Number of SJC Operations 2011-2016 November 2016 SJC letter to the FAA about south flow operational noise issues January 2017 FAA response to SJC’s November 2016 letter 280 Attachment A-1 © Atherton Memo P Palo Alto Stanford m 1lew North FlowCuperh 'iv Campbell Robertsville© Union City Fremont TO SFO iteo r . .tfv ; ty Bair Island Belmont : ^ Newark South Flow SJC © ® t a Honda ma Mai rn Park 4iM40fN } n ; ';h Tc*n 281 Attachment A-2 Total Number South Flow Operations Compared to Total Number of SJC Operations - 2011-2016 Year Total Ops So utli Flow Ops % of Total Ops Average Ops per South Flow Day 2016 153,419 24,033 15.7 139.7 2015 140.129 12,713 9.1 66.2 2014 135,872 21,473 15.8 117,3 2013 132,789 9,034 6.8 52.8 2012 127,181 18,639 14,7 90.0 2011 131,003 16,786 12,8 87.4 SAN JOSE 1.1 * *■ i v WtHAM V. Hdll*IA.SAH JOSE INTERNATIOhAL « I * r 9 K 1 282 NORMAN Y. MINETASAN JOSE ffY£\INTERNATIONAL \ >/ / „ AIRPORT SILICON VALLEY'S AIRPORT ATTACHMENT B November 30, 2016 Mr. Glen Martin Regional Administrator Western-Pacific Region Federal Aviation Administration P.O. Box 92007 Los Angeles, CA 90009 Subject: Noise Impacts of South Flow Landing Approach Dear Mr. Martin: Over the past several months the Norman Y. Mineta International Airport (SJC) staff has received a significant increase in concerns from Sunnyvale residents over the growing use and noise impacts of the south flow landing approach. The most common concern expressed by Sunnyvale residents is the density of aircraft passing over their community. Specifically, the ZORSA waypoint on the RNAV Z approach is located directly over a residential neighborhood. Our analysis shows that, historically, when aircraft over the waypoint downwind of SJC runway 12R/L were dispersed over a wide area, there were few complaints from Sunnyvale residents. With the majority of aircraft now consistently passing within a narrow corridor over the waypoint, Sunnyvale residents are experiencing increased noise disturbance from the passing aircraft. Consequently, the number of complaints we are receiving from Sunnyvale is rapidly growing. We have heard the complaints from multiple channels - directly from Sunnyvale officials, at a well-attended Sunnyvale town hall meeting, at our Airport Commission meeting and from numerous complaints received by the Airport’s Noise Office. Since air traffic procedures are within the sole jurisdiction the FAA, I am writing to ask if your staff could review south flow flight procedures with the goal of identifying possible solutions to reduce the noise impacts on Sunnyvale residents. We realize that safety cannot be compromised and that retaining operational efficiencies is critical. We also understand and support the FAA’s policy of not simply shifting noise from one part of the region to another. However, within these parameters we would ask that the FAA identify possible solutions that work for all concerned parties and could bring some degree of noise relief to Sunnyvale residents. As an airport that operates in a densely urban environment, we believe it is important to minimize the Airport’s environmental impacts on surrounding communities to the extent allowed by safety and efficiency considerations. We are therefore encouraging the FAA to work with Sunnyvale officials, and other key stakeholders, to identify possible solutions. Towards that end, SJC stands ready to appropriately participate in any FAA review of this issue. 1701 Airport Boulevard, Suite B-1130 • San Jose, CA 95110-1206 • Tel 408.392.3600 • Fax 408.441.4591 • www.flysanJose.com SANlOSB CAPITAL r>» stum vuuv 283 Mi-. Glen A. Martin - Regional Director/FAA November 30,2016 Page 2 of2 We appreciate your efforts to work with the region’s cities on aircraft noise through the Select Committee on South Bay Arrivals. We hope you will be willing to undertake a similar approach on the south flow issue. Sincerely, Kimberly J. Becker Director of Aviation cc: Mayor and City Council - City of San Jose Mayor Glen Hendricks - City of Sunnyvale 1701 Airport Boulevard, Suite B-1130 • San Jose, CA 95110-1206 • TeJ 408.392.3600 © Fax 408.441.4591 • www.flysanjose.com 284 285 286 Ad Hoc Advisory Committee on South Flow Arrivals September 11, 2017 287 What are South Flow Arrivals? 2288 SJC Flight Distribution Over Sunnyvale –2013 vs 2016 2013 2016 289 Ad Hoc Advisory Committee on South Flow Charge 1.An advisory group to gather input, concerns, and comments from the general public on the south flow issue. 2.Identify and discuss possible options to address the procedure’s noise impacts. 3.Recommend potential “feasible” options for FAA consideration. 4290 Members/Participants Committee Members All Cities in Santa Clara County County of Santa Clara Participating Agency FAA Non-Technical Support SJC Staff 5291 Operating Parameters Focus would be the south flow issue only. Would sunset after 120 days. Would not adopt any recommendation that will impact a community not represented on the Committee. Consensus: At least 2/3rds of members need to support a recommendation. “Feasibility” will be determined solely by the FAA. Final report with “preliminary feasible” options to be shared with FAA and Congressional offices for their information and review. 6292 Ad Hoc Advisory Committee on South Flow Questions? 7293 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2044 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:10/4/2016 City Council On agenda:Final action:10/17/2017 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council10/17/2017 1 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 10/11/2017Page 1 of 1 powered by Legistar™294