11-07-2017 Searchable packetCITY OF CUPERTINO
AGENDA
CITY COUNCIL
5:30 PM
10300 Torre Avenue and 10350 Torre Avenue
Tuesday, November 7, 2017
Non-televised Special Meeting Closed Session (5:30) 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, November 07, 2017, commencing at 5:30
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 - 5:30 PM
City Hall Conference Room A, 10300 Torre Avenue
CLOSED SESSION
1.Subject: Public Employee Performance Evaluation (Gov't Code Section 54957).
Title: City Attorney
2.Subject: Conference with Legal Counsel - Anticipated Litigation. Significant
exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of
Government Code Section 54956.9: (one potential case)
3.Subject: Conference with Legal Counsel - Anticipated Litigation. Initiation of
litigation pursuant to subdivision (c) of Government Code Section 54956.9: (one
potential case)
ADJOURNMENT
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November 7, 2017City Council AGENDA
REGULAR MEETING
PLEDGE OF ALLEGIANCE - 6:45 PM
Community Hall, 10350 Torre Avenue
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Presentation from Toyokawa Sister City regarding recent student
exchange trip
Recommended Action: Receive presentation from Toyokawa Sister City regarding
recent student exchange trip
2.Subject: Presentation by Bhubaneswar Sister City Committee regarding recent trip
Recommended Action: Receive presentation by Bhubaneswar Sister City Committee
regarding recent trip
3.Subject: Certificates of appreciation and presentation by Youth Services Through
Cultural Arts (YSTCA) regarding fundraising for West Valley Community Services
Recommended Action: Present certificates and receive presentation by Youth
Services Through Cultural Arts (YSTCA) regarding fundraising for West Valley
Community Services
4.Subject: Presentation from the Cupertino Chamber of Commerce regarding
community outreach
Recommended Action: Receive presentation from the Cupertino Chamber of
Commerce regarding community outreach
5.Subject: Library Commission Accomplishments and Work Plan Presentation
Recommended Action: Receive presentation of the Library Commission
Accomplishments and Work Plan
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
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November 7, 2017City Council AGENDA
Unless there are separate discussions and/or actions requested by council, staff or a
member of the public, it is requested that items under the Consent Calendar be acted
on simultaneously.
6.Subject: Approve the October 17 City Council minutes
Recommended Action: Approve the October 17 City Council minutes
A - Draft Minutes
7.Subject: Treasurer's Investment Report for Quarter Ending September 30, 2017
Recommended Action: Accept the Treasurer's Investment Report for Quarter Ending
September 30, 2017
Staff Report
A - Investment Portfolio
B - Wells Fargo Value Comparison Report
C - Supplemental Portfolio Analysis
8.Subject: Bay Area Air Quality Management District Proposed Reduction of Risk
from Air Toxic Emissions at Existing Facilities
Recommended Action: Adopt a position of support on the Bay Area Air Quality
Management District’s proposed Regulation 11, Rule 18: Reduction of Risk from Air
Toxic Emissions at Existing Facilities
Staff Report
A - Sample Letter of Support
B - Proposed BAAQMD Regulation 11, Rule 18
9.Subject: Donation for the implementation of the 2016 Bicycle Transportation Plan
Recommended Action: Accept a donation in the amount of $1,800,000 for the
implementation of the 2016 Bicycle Transportation Plan and approve a Budget
Appropriation in the amount of $1,800,000 in the Capital Improvement Fund
(420-99-036 900-905) for the first phase of the Stevens Creek Boulevard Separated
Bike Lane Project
Staff Report
A - October 4, 2017 Letter from City of Cupertino to Apple
B - Donation Form
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November 7, 2017City Council AGENDA
10.Subject: Application for Alcohol Beverage License for Galpao Gaucho Three,
LLC (dba Galpao Gaucho), 19780 Stevens Creek Boulevard
Recommended Action: Recommend approval to the California Department of
Alcoholic Beverage Control of the application for Alcohol Beverage License for
Galpao Gaucho Three, LLC (dba Galpao Gaucho), 19780 Stevens Creek Boulevard
Staff Report
A - Application
11.Subject: One Bay Area Grant Cycle 2 Application Resolution of Local Support
Recommended Action: Adopt Resolution No. 17-104, authorizing an application to
the Metropolitan Transportation Commission (MTC) for $769,000 in funding from
the One Bay Area Grant Program, regional discretionary funding, appropriating
$110,000 in necessary matching funds, and assuring the completion of the Project in
accordance with the application.
Staff Report
A - Draft Resolution
SECOND READING OF ORDINANCES
PUBLIC HEARINGS
ORDINANCES AND ACTION ITEMS
12.Subject: Approve the second amendment to Employment Contract for the City
Attorney and amend the Appointed Employees' Compensation Program
Recommended Action: Adopt Resolution No. 17-105, approving the second
amendment to the employment contract for the City Attorney and authorizing the
Mayor to execute the contract; and Adopt Resolution No. 17-106, amending the
Appointed Employees’ Compensation Program to reflect changes in compensation for
the City Attorney.
Staff Report
A - Draft Resolution - Second Amendment to the Employment Contract
B - Draft Resolution - Amending the Appointed Employees' Compensation Program
C - Appointed Employees' Compensation Program - Redlined
D - Appointed Employees' Compensation Program - Clean
E - Second Amendment to the Employment Contract - Redlined
F - Second Amendment to the Employment Contract - Clean
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November 7, 2017City Council AGENDA
13.Subject: Amend Cupertino Municipal Code 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 (continued from October
17).
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,
"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".
Staff Report
A - Map of Proposed 2hr Parking
B - Draft Ordinance
REPORTS BY COUNCIL AND STAFF
14.Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
ADJOURNMENT
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November 7, 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
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November 7, 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.
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3212 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:11/1/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City Attorney
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Public Employee Performance Evaluation (Gov't Code Section 54957). Title: City
Attorney
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3202 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:10/30/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation
pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section 54956.9: (one
potential case)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel - Anticipated Litigation. Significant exposure to
litigation pursuant to paragraph (2) or (3) of subdivision (d) of Government Code Section
54956.9: (one potential case)
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3211 Name:
Status:Type:Closed Session Agenda Ready
File created:In control:11/1/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation pursuant to
subdivision (c) of Government Code Section 54956.9: (one potential case)
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Subject: Conference with Legal Counsel - Anticipated Litigation. Initiation of litigation
pursuant to subdivision (c) of Government Code Section 54956.9: (one potential case)
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3058 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:9/27/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Presentation from Toyokawa Sister City regarding recent student exchange trip
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Presentation from Toyokawa Sister City regarding recent student exchange trip
Receive presentation from Toyokawa Sister City regarding recent student exchange trip
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3201 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:10/30/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Presentation by Bhubaneswar Sister City Committee regarding recent trip
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Presentation by Bhubaneswar Sister City Committee regarding recent trip
Receive presentation by Bhubaneswar Sister City Committee regarding recent trip
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3144 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:10/17/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Certificates of appreciation and presentation by Youth Services Through Cultural Arts
(YSTCA) regarding fundraising for West Valley Community Services
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Certificates of appreciation and presentation by Youth Services Through Cultural Arts
(YSTCA) regarding fundraising for West Valley Community Services
Present certificates and receive presentation by Youth Services Through Cultural Arts (YSTCA)
regarding fundraising for West Valley Community Services
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3112 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:10/6/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Presentation from the Cupertino Chamber of Commerce regarding community outreach
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Presentation from the Cupertino Chamber of Commerce regarding community
outreach
Receive presentation from the Cupertino Chamber of Commerce regarding community
outreach
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3132 Name:
Status:Type:Ceremonial Matters &
Presentations
Agenda Ready
File created:In control:10/12/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Library Commission Accomplishments and Work Plan Presentation
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Library Commission Accomplishments and Work Plan Presentation
Receive presentation of the Library Commission Accomplishments and Work Plan
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2059 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:11/7/2017
Title:Subject: Approve the October 17 City Council minutes
Sponsors:
Indexes:
Code sections:
Attachments:A - Draft Minutes
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Approve the October 17 City Council minutes
Approve the October 17 City Council minutes
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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DRAFT MINUTES
CUPERTINO CITY COUNCIL
Tuesday, October 17, 2017
SPECIAL CITY COUNCIL MEETING
At 5:15 p.m. Vice Mayor Darcy Paul called the Special City Council meeting to order in the City
Hall Conference Room A, 10300 Torre Avenue.
Present: Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf, and Rod
Sinks. Absent: Mayor Savita Vaidhyanathan.
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
Vice Mayor Paul reported that Council gave direction.
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
Vice Mayor Paul reported that Council gave direction.
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
Vice Mayor Paul reported that Council gave direction.
4. Subject: Conference with Real Property Negotiators pursuant to Government Code
Section 54956.8. Properties: 10301 Byrne Avenue, Cupertino, California; APN 357-11-020.
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City Council Minutes October 17, 2017
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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
Vice Mayor Paul reported that Council gave direction.
Vice Mayor Paul also reported out from the Special Closed Session held at 4:15 p.m.
Subject: Public Employee Performance Evaluation. Title: City Attorney. Gov’t Code
Section 54957(b)(1).
Vice Mayor Paul reported that Council took no action.
REGULAR CITY COUNCIL MEETING
ROLL CALL
At 6:45 p.m. Vice Mayor Darcy Paul 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: Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf , and Rod
Sinks. Absent: Mayor Savita Vaidhyanathan.
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"
Vice Mayor Paul read from the Proclamation declaring October 15-21, 2017 as "Freedom
from Workplace Bullies Week" and noted we would forward it to the California Healthy
Workplace Advocates.
2. Subject: Proclamation in celebration of Diwali on October 19, 2017
Recommended Action: Present proclamation in celebration of Diwali on October 19, 2017
Vice Mayor Paul presented the Proclamation in Celebration of Diwali on October 19, 2017
to community volunteers Prasanna Kulkarni and Sanjay Tripathi.
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City Council Minutes October 17, 2017
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3. Subject: Certificate of Appreciation for BlueLight Cinemas
Recommended Action: Present Certificate of Appreciation for BlueLight Cinemas
Written communications for this item included an email to Council.
Vice Mayor Paul presented the Certificate of Appreciation for BlueLight Cinemas to Art
and Jackie Cohen.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Michael McNutt talked about Vallco Mall redevelopment.
Jean Cohen from UA Local Union 393 talked about Vallco Mall redevelopment.
Jennifer Griffin talked about San Jose’s Stevens Creek Urban Village project.
Phyllis Dickstein talked about development in Cupertino.
Royce Dickson, Paavo Makela, and Clementine Dickson talked about a new ice rink at Vallco
Mall.
Kevin McClelland on behalf of Cupertino Chamber of Commerce talked about Vallco Mall
redevelopment.
Lisa Chan talked about revitalizing Vallco Mall.
Krishna Bharwad talked about Vallco Mall redevelopment.
Pete Heller talked about Vallco Mall redevelopment.
Hemant talked about Vallco Mall redevelopment.
Rick Resler on behalf of Mechanical, Electrical, Plumbers/Pipefitters, and Sprinkler Fitters
Union (MEPS) talked about Vallco Mall redevelopment.
Jon-Paul Wolfe on behalf of Mechanical, Electrical, Plumbers/Pipefitters, and Sprinkler Fitters
Union (MEPS) talked about building housing in Silicon Valley.
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City Council Minutes October 17, 2017
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Josue Garcia on behalf of Building and Trades Council talked about Vallco Mall
redevelopment.
Jean Bedord talked about Vallco Mall redevelopment.
Kevin Davin talked about Vallco Mall redevelopment.
J.R. Frueh talked about Vallco Mall redevelopment.
Mike Malik talked about the Vallco Mall development approval process.
Hannah Follweiler talked about Vallco Mall redevelopment.
Neil Struthers on behalf of IBEW/NECA talked about Vallco Mall redevelopment.
Mark Lazarini talked about Vallco Mall redevelopment.
Sabrina Rizk talked about Vallco Mall redevelopment.
Carol Gorska talked about Vallco Mall redevelopment.
Muni Madhdhidatla talked about the City’s General Plan Amendment process.
Liana Crabtree talked about Vallco Mall redevelopment.
Vicky Tsai talked about Vallco Mall redevelopment.
Danessa Techmanski talked about the imbalance of housing, jobs, and retail in Cupertino.
Ed Hirshfield talked about Vallco Mall redevelopment.
David Fung talked about Vallco Mall redevelopment.
Diana Ding on behalf of Silicon Valley Innovation Channel - Ding Ding TV talked about
BlueLight Cinemas.
Ignatius Ding talked about an upcoming public forum on regional growth on October 29 from
3-5 at Cupertino Community Hall.
Pam Hershey talked about Vallco Mall redevelopment.
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City Council Minutes October 17, 2017
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Toni Manta on behalf of the California Cougars talked about Vallco Mall redevelopment and
the tradition of the ice rink.
Martin Phipps talked about the housing shortage in Cupertino.
CONSENT CALENDAR
Sinks moved and Chang seconded to approve the items on the Consent Calendar as presented
with the exception of item number 9 which was pulled for discussion . Ayes: Paul, Chang,
Scharf, and Sinks. Noes: None. Abstain: None. Absent: Vaidhyanathan.
4. Subject: Approve the October 3 City Council minutes
Recommended Action: Approve the October 3 City Council 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
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
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
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
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 answered questions from Council.
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City Council Minutes October 17, 2017
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Scharf moved and Chang seconded to 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. The motion carried with Sinks voting no and
Vaidhyanathan absent.
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
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
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
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
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 tota l 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)
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SECOND READING OF ORDINANCES - None
PUBLIC HEARINGS - None
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
Director of Public Works Timm Borden reviewed the staff report.
Vice Mayor Paul opened public comment and Jennifer Griffin spoke on this item.
Vice Mayor Paul closed public comment.
City Clerk Grace Schmidt read the title of the ordinance.
Sinks moved and Chang seconded to read Ordinance No. 17-2169 by title only and that
the City Clerk’s reading would constitute the first reading thereof. Ayes: Chang and
Sinks. Noes: Paul and Scharf. Abstain: None. Absent: Vaidhyanathan. The motion failed.
Paul moved and Sinks seconded to continue this item to the November 7 Council
meeting. The motion carried unanimously with Vaidhyanathan absent.
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
Written communications for this item included a presentation.
Deputy City Manager Jaqui Guzman reviewed the staff report.
Vice Mayor Paul opened public comment and the following individuals spoke:
Christine Mallory on behalf of Fremont Union High School District
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City Council Minutes October 17, 2017
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Hugh Molotsi on behalf of Ujama, Inc.
Lisa Warren
Liang Chao
Vice Mayor Paul closed public comment.
Sinks moved and Chang seconded to 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. The motion carried with Scharf voting no and
Vaidhyanathan absent.
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)
Management Analyst Katy Nomura reviewed the staff report.
Vice Mayor Paul opened public comment and Jennifer Griffin spoke on this item.
Vice Mayor Paul closed public comment.
Sinks moved and Chang seconded to a. Adopt Resolution No. 17-102 establishing a policy
for accepting donations; and b. Adopt Resolution No. 17 -103 rescinding Resolution No.
03-162 and amending the Naming of City Facilities Policy. The motion carried
unanimously with Vaidhyanathan absent.
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
City Manager David Brandt reviewed the staff report and noted that Mayor
Vaidhyanathan had indicated her interested in serving as the designee.
Sinks moved and Scharf seconded to designate Mayor Vaidhyanathan as the primary
representative and Councilmember Scharf as the alternate for the City of San Jose’s Ad
Hoc Advisory Committee on South Flow Arrivals. The motion carried unanimously with
Vaidhyanathan absent.
24
City Council Minutes October 17, 2017
9
REPORTS BY COUNCIL AND STAFF
19. Subject: Report on Committee assignments and general comments
Recommended Action: Report on Committee assignments and general comments
City Manager David Brandt noted that staff, including the Public Information Officer and
Building Inspectors, had volunteered to help with the fires up north. They were not
needed but the gesture was appreciated.
Council members highlighted the activities of their committees and various community
events.
Councilmember Chang and Vice Mayor Paul concurred to add an item to an upcoming
agenda regarding Bay Area Air Quality Management District (BAAQMD) Regulation 11
Rule 18.
ADJOURNMENT
At 9:40 p.m., Vice Mayor Paul adjourned the meeting in memory of Cupertino business
woman, artist and Rotarian Margaret Kung. (Former Mayor Orrin Mahoney said a few words
about Ms. Kung before the meeting was adjourned).
________________________________
Grace Schmidt, City Clerk
25
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3169 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/24/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Treasurer's Investment Report for Quarter Ending September 30, 2017
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Investment Portfolio
B - Wells Fargo Value Comparison Report
C - Supplemental Portfolio Analysis
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Treasurer's Investment Report for Quarter Ending September 30, 2017
Accept the Treasurer's Investment Report for Quarter Ending September 30, 2017
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
powered by Legistar™26
ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3220 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 7, 2017
Subject
Treasurer’s Investment Report for Quarter Ending September 2017
Recommended Action
Accept the report
Discussion and Fiscal Impact
The attached slides and investment portfolio listing comprise the Treasurer’s Investment
Report. Together they show the composition of the portfolio; total portfolio yield in
comparison to the Local Agency Investment Fund (LAIF), the 1-year Treasury, and the 2-
year Treasury; diversification within the government agency securities; and portfolio
compliance with the City’s Investment Policy.
For quarter ending September 30, 2017, the market value of the City’s portfolio total
$130.7 million which is $12.6 million lower than last quarter. The portfolio’s average yield
was 1.07% which is an increase from its 1.00% yield of the previous quarter ending June
30, 2017. The average length to maturity decreased from 1.03 to 0.97 years. The LAIF
yield increased to 1.07% from last quarter’s yield of 0.78%.
LAIF’s balance was $30.5 million which is in compliance with the City Investment Policy
and state code. LAIF’s same or next-day liquidity insures that the City is able to pay its
obligations for the next six months and also provides strong liquidity in the short,
intermediate, and long-term horizons. Market values on individual securities in the
investment portfolio are provided by Wells Fargo Bank Institutional Trust Services using
valuations from Interactive Data Pricing and Reference Data, Inc.
_____________________________________
Prepared by: Kristina Alfaro, City Treasurer
Approved by: David Brandt, City Manager
Attachments: A – Investment Portfolio
B – Wells Fargo Value Comparison Report
C – Supplemental Portfolio Analysis
27
City of Cupertino
Investment Portfolio
Septermber 30, 2017
ACTIVITY DATE COUPON ADJUSTED MATURITY MARKET UNREALIZED
PURCHASE MATURITY DESCRIPTION RATE YTM COST VALUE VALUE PROFIT/LOSS
SECURITIES MATURED
07/07/14 07/07/17 Agency notes - FHLMC 1.00%1.00%3,001,234 3,000,000 3,000,030 (1,204)
10/03/14 09/22/17 Agency notes - FFCB 1.13%1.12%2,999,997 3,000,000 2,999,730 (267)
SECURITIES PURCHASED
CITY PORTFOLIO
CASH
09/30/17 Wells Fargo - Workers Comp Checking 18,349 18,349 18,349
09/30/17 Wells Fargo - Regular Checking 12,216 12,216 12,216
09/30/17 Wells Fargo - Repurchase Agreem 0.08%0.08%3,945,649 3,945,649 3,945,649
3,976,215 3,976,215 3,976,215
LAIF
09/30/17 LAIF - State Pool 1.07%1.07%30,479,272 30,479,272 30,479,272
MONEY MARKET FUNDS
09/30/17 Wells Fargo Advantage 100% Trea 0.31%0.31%12,530,028 12,530,028 12,530,028
12,530,028 12,530,028 12,530,028
GOVERNMENT AGENCY NOTES
04/18/17 10/26/17 Agency notes - FNMA 0.88%0.90%999,981 1,000,000 999,890 (91)
12/31/14 12/18/17 Agency notes - FFCB 1.13%1.14%999,977 1,000,000 999,740 (237)
09/30/14 01/12/18 Agency notes - FHLMC 0.75%1.26%998,582 1,000,000 998,830 248
09/30/14 03/07/18 Agency notes - FHLMC 0.88%1.32%998,123 1,000,000 998,580 457
03/30/15 03/12/18 Agency notes - FFCB 1.13%0.95%2,001,533 2,000,000 1,999,280 (2,253)
03/28/16 03/28/18 Agency notes - FHLB 1.09%1.09%2,000,000 2,000,000 1,998,080 (1,920)
04/02/15 04/02/18 Agency notes - FFCB 1.00%0.98%3,000,297 3,000,000 2,995,890 (4,407)
05/11/15 05/11/18 Agency notes - FFCB 1.03%1.08%1,999,377 2,000,000 1,997,060 (2,317)
04/18/17 05/21/18 Agency notes - FNMA 0.88%1.09%998,636 1,000,000 997,440 (1,196)
07/23/14 06/08/18 Agency notes - FHLB 1.25%1.39%2,997,179 3,000,000 2,999,250 2,071
05/07/15 08/07/18 Agency notes - FHLB 1.05%1.13%1,998,633 2,000,000 1,995,380 (3,253)
09/12/16 09/06/18 Agency notes - FFCB 0.93%0.82%3,003,066 3,000,000 2,991,540 (11,526)
01/26/17 10/26/18 Agency notes - FHLB 1.20%1.20%3,000,000 3,000,000 2,991,570 (8,430)
02/01/17 02/01/19 Agency notes - FFCB 1.30%1.30%3,000,000 3,000,000 2,991,240 (8,760)
05/07/15 02/27/19 Agency notes - FNMA 1.68%1.30%1,005,200 1,000,000 1,002,330 (2,870)
06/22/16 03/22/19 Agency notes - FHLMC 1.25%1.25%3,000,000 3,000,000 2,989,170 (10,830)
11/23/16 05/24/19 Agency notes - FHLMC 1.30%1.30%3,000,000 3,000,000 2,990,280 (9,720)
10/16/15 09/13/19 Agency notes - FHLB 2.00%1.21%2,029,958 2,000,000 2,018,080 (11,878)
06/22/17 10/11/19 Agency notes - FHLB 2.00%1.43%2,022,767 2,000,000 2,016,540 (6,227)
11/23/16 11/18/19 Agency notes - FFCB 1.10%1.36%1,989,108 2,000,000 1,978,560 (10,548)
03/30/16 12/30/19 Agency notes - FHLMC 1.50%1.50%3,000,000 3,000,000 2,990,910 (9,090)
06/30/16 12/30/19 Agency notes - FHLMC 1.02%1.02%3,000,000 3,000,000 2,959,890 (40,110)
06/22/17 05/16/20 Agency notes - FHLB 1.50%1.58%1,995,997 2,000,000 1,991,180 (4,817)
05/31/16 05/26/20 Agency notes - FHLMC 1.35%1.35%2,000,000 2,000,000 1,979,980 (20,020)
05/26/16 05/26/20 Agency notes - FNMA 1.38%1.38%2,000,000 2,000,000 1,981,800 (18,200)
06/30/16 06/30/20 Agency notes - FHLMC 1.50%1.50%2,000,000 2,000,000 1,987,680 (12,320)
05/25/16 11/25/20 Agency notes - FNMA 1.50%1.50%3,000,000 3,000,000 2,969,790 (30,210)
01/19/17 12/10/21 Agency notes - FHLB 2.63%1.90%3,086,542 3,000,000 3,087,210 668
61,124,957 61,000,000 60,897,170 (227,787)
US TREASURY SECURITIES
07/23/14 09/30/17 US Treasury Note 0.63%1.08%3,000,000 3,000,000 3,000,000 -
03/24/17 12/31/17 US Treasury Note 0.75%0.95%2,998,471 3,000,000 2,997,060 (1,411)
03/18/16 02/28/18 US Treasury Note 0.75%0.98%1,998,144 2,000,000 1,996,260 (1,884)
09/12/16 08/31/18 US Treasury Note 0.75%0.71%2,000,728 2,000,000 1,989,060 (11,668)
11/23/16 10/31/18 US Treasury Note 0.75%1.04%2,990,657 3,000,000 2,979,600 (11,057)
03/31/17 03/31/19 US Treasury Note 1.25%1.25%1,000,000 1,000,000 997,420 (2,580)
03/31/17 07/31/19 US Treasury Note 0.88%1.32%2,975,708 3,000,000 2,968,710 (6,998)
28
City of Cupertino
Investment Portfolio
Septermber 30, 2017
ACTIVITY DATE COUPON ADJUSTED MATURITY MARKET UNREALIZED
PURCHASE MATURITY DESCRIPTION RATE YTM COST VALUE VALUE PROFIT/LOSS
09/12/16 08/15/19 US Treasury Note 0.75%0.84%1,996,795 2,000,000 1,973,760 (23,035)
03/30/17 09/30/19 US Treasury Note 1.00%1.42%1,983,527 2,000,000 1,981,400 (2,127)
05/07/15 04/30/20 US Treasury Note 1.38%1.54%1,991,742 2,000,000 1,990,000 (1,742)
22,935,772 23,000,000 22,873,270 (62,502)
Total Managed Portfolio 131,046,244 130,985,515 130,755,955 (290,289)
Average Yield 1.07%
Average Length to Maturity (in years) 0.97
Duration (calculated by USBank)1.32
TRUST PORTFOLIO
Institutional MM Account Wells Fargo Bank Secured 0.23%0.23%48,585 48,585 48,585
BOND RESERVE PORTFOLIO
Bond Lease Pymt Acct Goldman Sachs Financial Sq Mon 0.10%0.10%1,920 1,920 1,920
Bond Reserve Acct Goldman Sachs Financial Sq Mon 0.10%0.10%1,601,127 1,601,127 1,601,127
Total Bond Reserve Portfolio 1,603,048 1,603,048 1,603,048
29
WELLS FARGOMarket/Cost Value Comparison Report General ReportingBy Account By Industry Class From Month End 09/30/2017CITY OF CUPERTINO 10/04/2017 04:27:20 PM EDTACCOUNT: All Accounts Selected * = Trade or Other Activity Pending Maturity Market Fed Gain/Loss S & P Moody`s Units in EncumbrdAsset IDUnits DateValue Tax Cost Amount % Rating Rating Transition UnitsACCOUNT: 16737400 CITY OF CUPERTINONET CASHNET CASH.0000$.00$.00$.00 .00.0000.00U.S. DOLLARSSUBTOTAL.0000$.00$.00$.00 .00.0000.00CASH SWEEPPROPRIETARY FUNDSVP452000412,530,028.0700$12,530,028.07 $12,530,028.07$.00 .00.0000.00WELLS FARGO 100% TREASURY MONEY MARKET FUND - #008NON-PROPRIETARY FUNDS99299594448,585.4900$48,585.49 $48,585.49$.00 .00.0000.00WFB PUBLIC INSTITUTIONAL BANK DEPOSIT ACCOUNTSUBTOTAL12,578,613.5600$12,578,613.56 $12,578,613.56$.00 .00.0000.00US GOVERNMENTUS TREASURY NOTES AND BONDS9128282B52,000,000.0000 08/15/2019 $1,973,760.00 $1,995,000.00 ($21,240.00) (1.06) N/A AAA.0000.00US TREASURY NOTE DTD 08/15/16 0.750 08/15/20199128282C32,000,000.0000 08/31/2018 $1,989,060.00 $2,001,560.00 ($12,500.00) (.62) N/A AAA.0000.00US TREASURY NOTE DTD 08/31/16 0.750 08/31/2018912828K582,000,000.0000 04/30/2020 $1,990,000.00 $1,984,062.50 $5,937.50 .30 N/A AAA.0000.00US TREASURY NOTE DTD 04/30/15 1.375 04/30/2020912828T833,000,000.0000 10/31/2018 $2,979,600.00 $2,983,320.00 ($3,720.00) (.12) N/A AAA.0000.00US TREASURY NOTE DTD 10/31/16 0.750 10/31/2018912828TH33,000,000.0000 07/31/2019 $2,968,710.00 $2,969,062.50 ($352.50) (.01) N/A AAA.0000.00US TREASURY NOTE DTD 07/31/12 0.875 07/31/2019912828TR12,000,000.0000 09/30/2019 $1,981,400.00 $1,979,375.00 $2,025.00 .10 N/A AAA.0000.00US TREASURY NOTE DTD 10/01/12 1.000 09/30/2019912828TS93,000,000.0000 09/30/2017 $3,000,000.00 $2,956,875.00 $43,125.00 1.46 N/A AAA.0000.00US TREASURY NOTE DTD 10/01/12 0.625 09/30/2017912828UE83,000,000.0000 12/31/2017 $2,997,060.00 $2,995,312.50 $1,747.50 .06 N/A AAA.0000.00US TREASURY NOTE DTD 12/31/12 0.750 12/31/2017912828UR92,000,000.0000 02/28/2018 $1,996,260.00 $1,991,250.00 $5,010.00 .25 N/A AAA.0000.00Page 130
WELLS FARGOMarket/Cost Value Comparison Report General ReportingBy Account By Industry Class From Month End 09/30/2017CITY OF CUPERTINO 10/04/2017 04:27:20 PM EDTACCOUNT: All Accounts Selected * = Trade or Other Activity Pending Maturity Market Fed Gain/Loss S & P Moody`s Units in EncumbrdAsset IDUnits DateValue Tax Cost Amount % Rating Rating Transition UnitsUS TREASURY NOTE DTD 02/28/13 0.750 02/28/2018912828W971,000,000.0000 03/31/2019 $997,420.00 $1,000,000.00 ($2,580.00) (.26) N/A AAA.0000.00US TREASURY NOTE DTD 03/31/17 1.250 03/31/2019SUBTOTAL23,000,000.0000$22,873,270.00 $22,855,817.50 $17,452.50 .08.0000.00FEDERAL AGENCYGOVERNMENT AGENCIES3130A57G82,000,000.0000 08/07/2018 $1,995,380.00 $1,994,780.00 $600.00 .03 AA+ AAA.0000.00FED HOME LN BK DTD 05/07/15 1.050 08/07/20183130A7L862,000,000.0000 03/28/2018 $1,998,080.00 $2,000,000.00 ($1,920.00) (.10) AA+ AAA.0000.00FED HOME LN BK DTD 03/28/16 1.090 03/28/20183130AAM473,000,000.0000 10/26/2018 $2,991,570.00 $3,000,000.00 ($8,430.00) (.28) AA+ AAA.0000.00FED HOME LN BK DTD 01/26/17 1.200 10/26/20183130ABGP52,000,000.0000 05/19/2020 $1,991,180.00 $1,995,580.00 ($4,400.00) (.22) AA+ AAA.0000.00FED HOME LN BK SER 0001313376C943,000,000.0000 12/10/2021 $3,087,210.00 $3,100,890.00 ($13,680.00) (.44) AA+ AAA.0000.00FED HOME LN BK DTD 11/04/11 2.625 12/10/2021313378UP42,000,000.0000 10/11/2019 $2,016,540.00 $2,025,840.00 ($9,300.00) (.46) AA+ AAA.0000.00FED HOME LN BK DTD 04/11/12 2.000 10/11/2019313379DT33,000,000.0000 06/08/2018 $2,999,250.00 $2,984,085.00 $15,165.00 .51 AA+ AAA.0000.00FED HOME LN BK DTD 05/04/12 1.250 06/08/2018313383VN82,000,000.0000 09/13/2019 $2,018,080.00 $2,060,000.00 ($41,920.00) (2.03) AA+ AAA.0000.00FED HOME LN BK DTD 08/12/13 2.000 09/13/20193133EEFE51,000,000.0000 12/18/2017 $999,740.00 $999,680.00 $60.00 .01 AA+ AAA.0000.00FED FARM CREDIT BK DTD 12/18/14 1.125 12/18/20173133EEJ502,000,000.0000 05/11/2018 $1,997,060.00 $1,996,940.00 $120.00 .01 AA+ AAA.0000.00FED FARM CREDIT BK DTD 05/11/15 1.030 05/11/20183133EETE02,000,000.0000 03/12/2018 $1,999,280.00 $2,010,140.00 ($10,860.00) (.54) AA+ AAA.0000.00FED FARM CREDIT BK DTD 03/12/15 1.125 03/12/20183133EEWH93,000,000.0000 04/02/2018 $2,995,890.00 $3,001,770.00 ($5,880.00) (.20) AA+ AAA.0000.00FED FARM CREDIT BK DTD 04/02/15 1.000 04/02/20183133EG5Q43,000,000.0000 02/01/2019 $2,991,240.00 $3,000,000.00 ($8,760.00) (.29) AA+ AAA.0000.00Page 231
WELLS FARGOMarket/Cost Value Comparison Report General ReportingBy Account By Industry Class From Month End 09/30/2017CITY OF CUPERTINO 10/04/2017 04:27:20 PM EDTACCOUNT: All Accounts Selected * = Trade or Other Activity Pending Maturity Market Fed Gain/Loss S & P Moody`s Units in EncumbrdAsset IDUnits DateValue Tax Cost Amount % Rating Rating Transition UnitsFED FARM CREDIT BK DTD 02/01/17 1.300 02/01/20193133EGJ302,000,000.0000 11/18/2019 $1,978,560.00 $1,984,760.00 ($6,200.00) (.31) AA+ AAA.0000.00FED FARM CREDIT BK DTD 11/18/16 1.100 11/18/20193133EGTE53,000,000.0000 09/06/2018 $2,991,540.00 $3,006,510.00 ($14,970.00) (.50) AA+ AAA.0000.00FED FARM CREDIT BK DTD 09/06/16 0.930 09/06/20183134G8S833,000,000.0000 12/30/2019 $2,990,910.00 $3,000,000.00 ($9,090.00) (.30) AA+ AAA.0000.00FED HOME LN MTG CORP MED TERM NOTE SER 00053134G9G433,000,000.0000 12/30/2019 $2,959,890.00 $3,000,000.00 ($40,110.00) (1.34) AA+ AAA.0000.00FED HOME LN MTG CORP MED TERM NOTE3134G9MU83,000,000.0000 05/24/2019 $2,990,280.00 $3,000,000.00 ($9,720.00) (.32) AA+ AAA.0000.00FED HOME LN MTG CORP DTD 05/31/16 1.300 05/24/20193134G9MW42,000,000.0000 05/26/2020 $1,979,980.00 $2,000,000.00 ($20,020.00) (1.00) AA+ AAA.0000.00FED HOME LN MTG CORP MED TERM NOTE SER 00003134G9SB43,000,000.0000 03/22/2019 $2,989,170.00 $3,000,000.00 ($10,830.00) (.36) AA+ AAA.0000.00FED HOME LN MTG CORP MED TERM NOTE3134G9SK42,000,000.0000 06/30/2020 $1,987,680.00 $2,000,000.00 ($12,320.00) (.62) AA+ AAA.0000.00FED HOME LN MTG CORP MED TERM NOTE SER 00013135G0PQ01,000,000.0000 10/26/2017 $999,890.00 $999,860.00 $30.00 .00 AA+ AAA.0000.00FED NATL MTG ASSN DTD 09/24/12 0.875 10/26/20173135G0WJ81,000,000.0000 05/21/2018 $997,440.00 $997,670.00 ($230.00) (.02) AA+ AAA.0000.00FED NATL MTG ASSN DTD 04/15/13 0.875 05/21/20183136FTP371,000,000.0000 02/27/2019 $1,002,330.00 $1,014,055.00 ($11,725.00) (1.16) AA+ AAA.0000.00FED NATL MTG ASSN DTD 02/27/12 1.680 02/27/20193136G3QB42,000,000.0000 05/26/2020 $1,981,800.00 $2,000,000.00 ($18,200.00) (.91) AA+ AAA.0000.00FED NATL MTG ASSN DTD 05/26/16 1.375 05/26/20203136G3QQ13,000,000.0000 11/25/2020 $2,969,790.00 $3,000,000.00 ($30,210.00) (1.01) N/A N/A.0000.00FED NATL MTG ASSN SER 00023137EADN61,000,000.0000 01/12/2018 $998,830.00 $983,640.00 $15,190.00 1.54 AA+ AAA.0000.00FED HOME LN MTG CORP SER 13137EADP11,000,000.0000 03/07/2018 $998,580.00 $985,100.00 $13,480.00 1.37 AA+ AAA.0000.00FED HOME LN MTG CORP DTD 01/17/13 0.875 03/07/2018Page 332
WELLS FARGOMarket/Cost Value Comparison Report General ReportingBy Account By Industry Class From Month End 09/30/2017CITY OF CUPERTINO 10/04/2017 04:27:20 PM EDTACCOUNT: All Accounts Selected * = Trade or Other Activity Pending Maturity Market Fed Gain/Loss S & P Moody`s Units in EncumbrdAsset IDUnits DateValue Tax Cost Amount % Rating Rating Transition UnitsSUBTOTAL61,000,000.0000$60,897,170.00 $61,141,300.00 ($244,130.00) (.40).0000.00ACCOUNT 16737400 TOTAL 96,578,613.5600$96,349,053.56 $96,575,731.06 ($226,677.50) (.23).0000.00GRAND TOTAL96,578,613.5600$96,349,053.56 $96,575,731.06 ($226,677.50) (.23).0000.00END OF REPORTPage 433
Treasurer’s Investment Report
Quarter Ending September 2017
City Council Meeting
November 7, 2017
34
o Total portfolio decreased from last quarter by $12.6 million, from $143.7 to $130.7 million
o Average maturity decreased from 1.03 years to .97
o Average yield increased from 1.00% to 1.07%
o Duration decreased from 1.47 to 1.32
Portfolio Composition
LAIF
23.3%
Cash
3.0%
Money
Market
9.56%
Agency
Notes
46.7%
US
Treasuries
17.5%
35
Yield Comparison
0.00%
0.20%
0.40%
0.60%
0.80%
1.00%
1.20%
1.40%
1.60%Average Yield2Y Treasury
Cupertino
LAIF
1Y Treasury
36
Debt issued by federal credit agencies
and fully backed by U.S. government
guarantee but not its full faith and
credit
High credit rating -second only to
Treasury bonds
Maturity periods from 1 month to 15
years
Agencies that can issue:
•FHLMC -Federal Home Loan Mortgage
Association (Freddie Mac)
•FHLB -Federal Home Loan Bank
•FNMA -Federal National Mortgage
Association (Fannie Mae)
•FFCB -Federal Farm Credit Bureau
Agency Diversification
FHLB
31.3%
FHLMC
29.4%
FNMA
13.1%
FFCB
26.2%
37
Policy Compliance
City of Cupertino
September 30, 2017
Category Standard Comment
Treasury Issues No limit Complies
US Agencies No limit Complies
Medium Term Corporate Bonds 30% with A rating Complies
LAIF $50 million Complies
Money Market Funds 20%Complies
Maximum Maturities Up to 5 years Complies
Per Issuer Max 10% (except for Treasuries and Agencies)Complies
Bankers Acceptances 180 days & 40%Complies
Commercial Paper 270 days & 25%Complies
Negotiable Certificates of Deposit 30%Complies
Repurchase Agreements 365 days Complies
Reverse Repurchase Agreements Prohibited Complies
38
Cash Flow – Coverage
The LAIF investment is $30.5 million and yielding 24 basis points lower than the
1-year Treasury bill. The City is able to pay its obligations for the next 6 months
and overall liquidity is strong.
10,000,000
15,000,000
20,000,000
25,000,000
30,000,000
35,000,000
40,000,000
45,000,000
50,000,000
55,000,000 6-Month Liquidity
See Policy Compliance for LAIF 39
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3147 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/18/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Bay Area Air Quality Management District Proposed Reduction of Risk from Air Toxic
Emissions at Existing Facilities
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Sample Letter of Support
B - Proposed BAAQMD Regulation 11, Rule 18
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Bay Area Air Quality Management District Proposed Reduction of Risk from Air
Toxic Emissions at Existing Facilities
Adopt a position of support on the Bay Area Air Quality Management District’s proposed
Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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1
OFFICE OF THE CITY MANAGER
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3212 www.cupertino.org
TELEPHONE: (408) 777-7603 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 7, 2017
Subject
Bay Area Air Quality Management District Proposed Reduction of Risk from Air Toxic Emissions
at Existing Facilities
Recommended Action
Adopt a position of support on the Bay Area Air Quality Management District’s proposed
Regulation 11, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities.
Description
The Bay Area Air Quality Management District’s (Air District) proposed Regulation 11:
Hazardous Pollutants, Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities
(Rule 11-18) would apply to all facilities whose emissions of toxic air contaminants may result in
a significant risk to nearby residents and workers. The purpose of Rule 11-18 is to focus on those
facilities causing the highest health impacts across the Bay Area and to require these facilities to
reduce that health risk.
Proposed Rule 11-18 is the next step in the Air District’s efforts to protect the public from toxic
air pollution. The rule is expected to substantially reduce health risks posed by various facilities
by requiring the implementation of all technically and economically feasible risk reduction
measures at facilities identified as producers of significant toxic air contaminants. The proposed
rule could affect hundreds of facilities, including a cement kiln, data centers, and petroleum
refineries that emit a variety of toxic air contaminants that adversely impact public health.
Cupertino residents have continuously expressed concerns about air pollution from the nearby
Lehigh Southwest Permanente facility, which operates a cement kiln. To the extent that the
Lehigh facility is identified as a significant source of toxic air contaminants under proposed Rule
11-18, it could be subject to additional risk reduction measures that improve the air quality in
Cupertino and surrounding areas.
Sustainability Impact
Proposed Regulation 11-18 is expected to improve air quality in the Bay Area. Greenhouse gas
emissions in Cupertino could improve if risk reduction measures are required at nearby facilities
like Lehigh.
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Fiscal Impact
There is no fiscal impact.
_____________________________________
Prepared by: Jaqui Guzmán, Deputy City Manager
Approved for Submission by: David Brandt, City Manager
Attachments:
A. Sample Letter of Support
B. Proposed BAAQMD Regulation 11, Rule 18
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CUPERTINO CITY COUNCIL
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3192 • FAX: (408) 777-3366
svaidhyanathan@cupertino.org
November 8, 2017
Liz Kniss, Chair
Bay Area Air Quality Management District
Board of Directors
375 Beale Street, Suite 600
San Francisco, CA 94105
Re: Notice of Support – Proposed Regulation 11, Rule 18
Dear Ms. Kniss:
I write on behalf of the City of Cupertino City Council to express our support for Regulation 11,
Rule 18: Reduction of Risk from Air Toxic Emissions at Existing Facilities being considered by
the Bay Area Air Quality Management District. We applaud the Air District’s efforts to focus on
those facilities causing the highest health impacts and to require these facilities to reduce those
health risk.
Cupertino residents have long expressed concerns about air pollution caused by the Lehigh
Southwest Permanente facility, which is located in unincorporated Santa Clara County near
Cupertino. The facility excavates limestone from an on-site quarry for use in cement
manufacturing, which emits hexavalent chromium known to cause acute, chronic and
carcinogenic health effects.
If passed, we encourage the Air District to ensure accurate data collection in determining
significant sources of toxic air contaminants and developing follow-up health risk assessments as
you implement Rule 11-18.
Sincerely,
Mayor Savita Vaidhyanathan
City of Cupertino
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REGULATION 11
HAZARDOUS POLLUTANTS
RULE 18
REDUCTION OF RISK FROM AIR TOXIC EMISSIONS AT EXISTING FACILITIES
INDEX
11-18-100 GENERAL
11-18-101 Description
11-18-102 Applicability
11-18-103 Exemption, Emergency Use, Stationary Diesel Engines
11-18-104 Exemption, Retail Gasoline Dispensing Facilities
11-18-200 DEFINITIONS
11-18-201 Acute Hazard Index, or Acute HI
11-18-202 Acute Hazard Quotient, or Acute HQ
11-18-203 Airborne Toxic Control Measure, or ATCM
11-18-204 Best Available Retrofit Control Technology for Toxics, or TBARCT
11-18-205 Cancer Risk
11-18-206 Chronic Hazard Index, or Chronic HI
11-18-207 Chronic Hazard Quotient, or Chronic HQ
11-18-208 Exposed Individual (EI)
11-18-209 Facility
11-18-210 Gasoline Dispensing Facility (GDF)
11-18-211 Health Risk
11-18-212 Health Risk Assessment, or HRA
11-18-213 Maximally Exposed Individual (MEI)
11-18-214 Maximum Achievable Control Technology, or MACT
11-18-215 Owner/Operator
11-18-216 Prioritization Score
11-18-217 Priority Community
11-18-218 Risk Action Level
11-18-219 Risk Reduction Plan or Plan
11-18-220 Risk Reduction Measures
11-18-221 Significant Risk Threshold
11-18-222 Significant Source
11-18-223 Source
11-18-224 Stationary Diesel-Fueled, Compression-Ignited Engine
11-18-225 Toxic Air Contaminant or TAC
11-18-226 Toxic Risk Facility
11-18-227 Unreasonable Economic Burden
11-18-300 STANDARDS
11-18-301 Compliance with Risk Reduction Plan
11-18-400 ADMINISTRATIVE REQUIREMENTS
11-18-401 Health Risk Assessment Information Requirement
11-18-402 Early Application of Risk Action Levels
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11-18-403 Notification of HRA Results and Submission of Plan
11-18-404 Risk Reduction Plan Content Requirements
11-18-405 Review and Approval of Risk Reduction Plans
11-18-406 Updated Risk Reduction Plan
11-18-500 MONITORING AND RECORDS
11-18-501 Progress Reports
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REGULATION 11
HAZARDOUS POLLUTANTS
RULE 18
REDUCTION OF RISK FROM AIR TOXIC EMISSIONS AT EXISTING FACILITIES
(ADOPTED [DATE])
11-18-100 GENERAL
11-18-101 Description: The purpose of this rule is to ensure that facilities that emit toxic air contaminants
do not pose an unacceptable health risk to nearby residents, workers, or students.
11-18-102 Applicability: This rule applies to any toxic risk facility that is required to report the toxic air
contaminant emissions inventory of the facility to the Air District pursuant to the Air Toxics “Hot
Spots” Information and Assessment Act of 1987, California Health and Safety Code, Section
44300 et seq.
11-18-103 Exemption, Emergency-Use, Stationary Diesel Engines: This rule shall not apply to
facilities for which the only source of toxic air contaminant emissions is one or more stationary
diesel-fueled, compression-ignited engines operated only for emergency-use, as defined in
Regulation 9, Rule 8, Section 231, and reliability-related activities, and the facility prioritization
score is less than 250.
11-18-104 Exemption, Retail Gasoline Dispensing Facilities: This rule shall not apply to retail gasoline
dispensing facilities with a prioritization score less than 250.
11-18-200 DEFINITIONS
11-18-201 Acute Hazard Index, or Acute HI: Acute hazard index is the sum of the individual acute
hazard quotients for toxic air contaminants identified as affecting the same target organ or
organ system.
11-18-202 Acute Hazard Quotient, or Acute HQ: Acute hazard quotient is the ratio of the estimated
short-term average concentration of the toxic air contaminant to its acute reference exposure
level (estimated for inhalation exposure).
11-18-203 Airborne Toxic Control Measure, or ATCM: A recommended method and, where
appropriate, a range of methods, established by the California Air Resources Board (CARB)
pursuant to the Tanner Act, California Health and Safety Code Section 39650 et seq., that
reduces, avoids, or eliminates the emissions of a toxic air contaminant.
11-18-204 Best Available Retrofit Control Technology for Toxics, or TBARCT: For any existing
source of toxic air contaminants, except cargo carriers, the most stringent of the following
retrofit emission controls, provided that under no circumstances shall the controls be less
stringent than the emission control required by any applicable provision of federal, State or
District laws, rules, regulations or requirements:
204.1 The most effective retrofit emission control device or technique that has been
successfully utilized for the type of equipment comprising such a source; or
204.2 The most stringent emission limitation achieved by a retrofit emission control device or
technique for the type of equipment comprising such a source; or
204.3 Any retrofit control device or technique or any emission limitation that the APCO has
determined to be technologically feasible for the type of equipment comprising such a
source, while taking into consideration the cost of achieving health risk reductions, any
non-air quality health and environmental impacts, and energy requirements; or
204.4 The most stringent retrofit emission control for a source type or category specified as
MACT by U.S. EPA, or specified in an ATCM by CARB.
11-18-205 Cancer Risk: An estimate of the chance that an individual may develop cancer as a result of
exposure to emitted carcinogens at a given exposed individual location, and considering, where
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appropriate, Age Sensitivity Factors to account for inherent increased susceptibility to
carcinogens during infancy and childhood.
11-18-206 Chronic Hazard Index, or Chronic HI: Chronic hazard index is the sum of the individual
chronic hazard quotients for toxic air contaminants identified as affecting the same target organ
or organ system.
11-18-207 Chronic Hazard Quotient, or Chronic HQ: Chronic hazard quotient is the ratio of the
estimated annual average exposure of the toxic air contaminant to its chronic reference
exposure level (estimated for inhalation and non-inhalation exposures).
11-18-208 Exposed Individual (EI): A person who is exposed to TACs emitted from a toxic risk facility.
Exposed individual includes a resident, student, or worker who is not an employee of or a
contractor for the toxic risk facility.
11-18-209 Facility: Any property, real or personal, which may incorporate one or more plants all being
operated or maintained by a person as part of an identifiable business on contiguous or
adjacent property, and shall include, but not be limited to manufacturing plants, refineries,
power generating plants, ore processing plants, construction material processing plants,
automobile assembly plants, foundries and waste processing sites.
11-18-210 Gasoline Dispensing Facility (GDF): Any stationary operation that dispenses gasoline
directly into the fuel tanks of motor vehicles. This facility shall be treated as a single source
which includes all necessary equipment for the exclusive use of the facility, such as nozzles,
dispensers, pumps, vapor return lines, plumbing and storage tanks.
11-18-211 Health Risk: The potential for adverse human health effects resulting from exposure to
emissions of toxic air contaminants and ranging from relatively mild temporary conditions, such
as eye or throat irritation, shortness of breath, or headaches, to permanent and serious
conditions, such as birth defects, cancer or damage to lungs, nerves, liver, heart, or other
organs. Measures of health risk include cancer risk, chronic hazard index, and acute hazard
index.
11-18-212 Health Risk Assessment, or HRA: An analysis that estimates the potential for increased
likelihood of health risk for individuals in the affected population that may be exposed to
emissions of one or more toxic air contaminants, determined in accordance with Rule 2-5,
Section 2-5-603.
11-18-213 Maximally Exposed Individual (MEI): A person that may be located at the exposed individual
location where the highest exposure to toxic air contaminants emitted from a given source or
project is predicted, as shown by an APCO-approved HRA. MEI locations are typically
determined for maximum cancer risk, chronic hazard index and acute hazard index based on
exposure to residents, workers, and students.
11-18-214 Maximum Achievable Control Technology, or MACT: An emission standard promulgated
by U.S. EPA pursuant to Section 112(d) of the Clean Air Act.
11-18-215 Owner/Operator: Any person who owns, leases, operates, controls, or supervises a facility,
building, structure, installation, or source which directly or indirectly results or may result in
emissions of any air pollutant.
11-18-216 Prioritization Score: The relative potential for health impacts from a facility based on the
amount of TACs emitted from the facility, the relative toxicity of the TACs emitted, the proximity
of the facility to exposed individuals and exposure factors for different types of exposed
individuals. The methodology for determining a facility’s prioritization score is located in
Appendix A to this rule.
11-18-217 Priority Community: A geographic area where levels of toxic air contaminants are higher
than other areas and where people may be particularly vulnerable and may bear
disproportionately higher adverse health effects.
11-18-218 Risk Action Level
218.1 Before January 1, 2020, any of the following health risk levels:
1.1 A cancer risk of 25 per million (25/M); or
1.2 A chronic hazard index of 2.5; or
1.3 An acute hazard index of 2.5.
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218.2 Effective January 1, 2020, except as provided in Section 11-18-402, any of the
following health risk levels:
2.1 A cancer risk of 10 per million (10/M); or
2.2 A chronic hazard index of 1.0; or
2.3 An acute hazard index of 1.0.
11-18-219 Risk Reduction Plan or Plan: A document meeting the requirements of Section 11-18-404
that identifies, among other things, sources, quantities, and causes of emissions responsible
for exceedance of any of the risk action levels set forth in Section 11-18-221 and details risk
reduction measures that will be implemented to reduce risk.
11-18-220 Risk Reduction Measures: Practices that reduce toxic air contaminant emissions or that
reduce health risks at the facility being evaluated, including changes to production processes,
feedstocks, product formulations, emission point locations, emissions capture and dispersion
mechanisms, and the installation of TBARCT or other control devices.
11-18-221 Significant Risk Threshold: Any of the following toxic health risk levels:
221.1 A cancer risk of 1.0 per million (1.0/M); or
221.2 A chronic hazard index of 0.20; or
221.3 An acute hazard index of 0.20.
11-18-222 Significant Source: A source of toxic air contaminants or health risk that poses a risk equal
to or greater than a significant risk threshold at any MEI location at which all sources at the
facility, taken together, pose a health risk equal to or greater than a risk action level.
11-18-223 Source: Any article, machine, equipment, operation, contrivance or related groupings of such
that may produce and/or emit air pollutants.
11-18-224 Stationary Diesel-Fueled, Compression-Ignited Engine: An internal combustion engine
with operating characteristics significantly similar to the theoretical diesel combustion cycle that
is operated, or intended to be operated, at a specific site for more than one year or is attached
to a foundation at that site.
11-18-225 Toxic Air Contaminant or TAC: An air pollutant that may cause or contribute to an increase
in mortality or in serious illness or that may pose a present or potential hazard to human health.
For the purposes of this rule, TACs consist of the substances listed in the most recent health
risk assessment guidelines adopted by the Office of Environmental Health Hazard Assessment
(OEHHA).
11-18-226 Toxic Risk Facility: Any facility that manufactures, formulates, uses, or releases any toxic air
contaminant or any other substance that reacts to form a TAC or has the potential to release
total organic gases, particulates, or oxides of nitrogen or sulfur in amounts of 10 tons per year
or greater.
11-18-227 Unreasonable Economic Burden: When the annualized cost of compliance (the sum of the
annual operating cost and annualized capital costs) exceeds ten percent of the annual profits
of a facility or one percent of the annual operational budget of a non-profit facility.
11-18-300 STANDARDS
11-18-301 Compliance with Risk Reduction Plan: The owner/operator of a toxic risk facility that poses
a health risk, as determined by an APCO-approved HRA, equal to or greater than one or more
of the risk action levels in effect pursuant to Section 11-18-218 shall:
301.1 Submit a proposed Risk Reduction Plan to the APCO in accordance with Section 11-
18-403;
301.2 Obtain and maintain APCO approval of a Risk Reduction Plan in accordance with
Sections 11-18-403, 404, and 405; and
301.3 Implement the risk reduction measures and comply with all other requirements in the
approved Risk Reduction Plan.
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11-18-400 ADMINISTRATIVE REQUIREMENTS
11-18-401 Health Risk Assessment Information Requirement: Within 60 days of a request from the
APCO, a facility owner/operator shall submit to the APCO any information necessary to
complete an HRA of the facility. The facility owner/operator may request additional time to
submit the requested information (up to an additional 60 days) provided that the facility
owner/operator can demonstrate that additional time is necessary.
11-18-402 Early Application of Risk Action Levels: The APCO may conduct an HRA for or apply the
risk action levels specified in Section 11-18-218.2 to any toxic risk facility located within a
Priority Community at any time after the adoption of this Rule.
11-18-403 Notification of HRA Results and Submission of Plan: After taking into account any
comments from a facility on preliminary HRA results, the APCO shall notify a facility
owner/operator when a final APCO-approved HRA indicates a facility health risk equals or
exceeds one or more of the risk action levels set forth in Section 11-18-218 and provide the
facility owner/operator with a copy of the HRA. Within 180 days of notification, the facility
owner/operator shall submit a draft Risk Reduction Plan to the APCO that complies with
Section 11-18-404.
11-18-404 Risk Reduction Plan Content Requirements: A Risk Reduction Plan shall include the
following:
404.1 The name and address of the facility.
404.2 The North American Industry Classification System (NAICS) code for the facility.
404.3 A description of risk from the facility including:
3.1 Summary data from the applicable APCO-approved air toxic emission inventory.
3.2 Summary data from the health risk assessment.
3.3 Identification of the processes and emission points that are significant sources
contributing to the facility health risks and a characterization of the risk from
each.
404.4 A list of sources at which risk reduction measures will be implemented and a
description of each risk reduction measure to be implemented at each source,
including:
4.1 A description of the source and any existing controls that reduce risk,
4.2 A description of each risk reduction measure,
4.3 Anticipated emission reductions from the risk reduction measure,
4.4 Anticipated health risk reduction from the risk reduction measure
404.5 A schedule for implementing each risk reduction measure, including:
5.1 Dates for filing applications for permits to construct.
5.2 Dates equipment will be installed (if applicable).
5.3 Dates process changes will be completed (if applicable).
5.4 Dates for demonstrating the effectiveness of risk reduction measures.
404.6 A demonstration that:
6.1 The health risk from the facility will be reduced to a level below the risk action
levels set forth in Section 11-18-218.2 at any MEI by no later than five years after
Plan approval through implementation of the risk reduction measures pursuant
to the proposed schedule; or
6.2 The health risk from the facility will be reduced to a level below the risk action
levels set forth in Section 11-18-218.2 at any MEI by no later than five years after
Plan approval plus such time, not to exceed five additional years, as is necessary
to address a technical feasibility issue or to avoid placing an unreasonable
economic burden on the facility operator; or
6.3 The facility will comply through application of TBARCT and can show that:
3.1 The health risk from the facility cannot be reduced to a level below the risk
action level because it is not feasible, and
3.2 TBARCT has been installed on all significant sources of risk, or will be
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installed no later than five years after Plan approval plus such time, not to
exceed five additional years, as is necessary to address a technical
feasibility issue or to avoid placing an unreasonable economic burden on
the facility operator.
404.7 An estimate of residual health risk following implementation of the risk reduction
measures specified in the Plan.
404.8 A certification that the Plan meets all requirements. The person who makes this
certification shall be one of the following:
8.1 An engineer who is registered as a professional engineer pursuant to Section
6762 of the Business and Professions Code;
8.2 An individual who is responsible for the operations of the source; or
8.3 An environmental assessor registered pursuant to Section 25570.3 of the Health
and Safety Code.
11-18-405 Review and Approval of Risk Reduction Plans: The procedure for determining whether a
draft Plan submitted pursuant to Section 11-18-403 meets the applicable requirements of this
rule is as follows:
405.1 Review: Within 20 business days of receipt of the draft Plan, the APCO will conduct a
completeness review of the draft Plan. The APCO will notify the facility owner/operator
in writing if the submitted Plan is lacking information necessary to make an approval
determination. The facility owner/operator shall submit a complete draft Plan within 45
days of receipt of this notification. If the APCO determines that the resubmitted draft
Plan is still incomplete, the APCO may disapprove the Plan or may notify the facility
owner/operator that the draft Plan continues to lack necessary information and provide
another opportunity to submit a complete draft Plan in 45 or fewer days.
405.2 Public Comment: The draft Plan, including any revisions made to correct deficiencies,
will be made available to the public for 45 days (with exception of confidential
information). The APCO will consider any written comments received during this period
prior to approving or disapproving the final draft Plan.
405.3 Final Action:
3.1 The APCO will approve the draft Plan if the APCO determines that the draft Plan
meets the requirements of Section 11-18-404 and will provide written notification
to the facility owner/operator.
3.2 If the APCO determines that the draft Plan does not meet the requirements of
Section 11-18-404, the APCO will notify the facility owner/operator in writing and
will specify the basis for this determination. Upon receipt of such notification, the
facility owner/operator shall correct the identified deficiencies and resubmit the
draft Plan within 45 days.
3.3 If the APCO determines that the facility owner/operator failed to correct any
deficiency identified in the notification, the APCO will determine that the facility
owner/operator has failed to meet the requirements of Section 11-18-404, and will
disapprove the draft Plan.
405.4 Public Inspection: Within 30 days of the approval of a Plan under Subsection 11-18-
405.3, the APCO shall post the Plan on the Air District’s website, and shall notify any
member of the public, who submitted comments under Subsection 11-18-405.2, or who
otherwise requested such notification of this action in writing. In making information
available for public inspection, the confidentiality of trade secrets, as designated by the
refinery owner/operator, shall be handled in accordance with Section 6254.7 of the
Government Code.
11-18-406 Updated Risk Reduction Plan: If information becomes available after the initial APCO
approval of a Plan regarding health risks posed by a facility or emissions reduction technologies
that may be used by a facility that would significantly impact health risks to exposed persons
or the feasibility of a Plan, the APCO may require or, upon request by a facility owner/operator
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and approval by the APCO, allow the a facility owner/operator to update the Plan to reflect the
information and resubmit the Plan to the APCO for approval pursuant to Section 11-18-403.
11-18-500 MONITORING AND RECORDS
11-18-501 Progress Reports: The facility owner/operator shall report annually to the APCO progress on
the emission reductions achieved by the Plan until the Plan is fully implemented or the facility
owner/operator can demonstrate to the APCO compliance with Subsection 11-18-301.2.
Reports shall be made no later than each anniversary of the date on which the Plan was
approved pursuant to Subsection 11-18-405.3 and shall be consistent with a format developed
by the APCO.
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Appendix A: Equations for Calculating Standard Prioritization Score and Alternative Prioritization
Score for Specific Facility Types:
The standard prioritization score (PS) calculation equations are shown below:
PSCANCER = [(Ei) x (Ui)] x (PAF) x (NFCANCER)
PSNON-CANCER = [(Ei)/(RELi)/(8760)] x (PAF) x (NFNON-CANCER)
Where the variables for the standard prioritization score equations are:
Ei = Toxic air contaminant emissions from the facility (lbs/year) of each TAC (i)
OEHHA approved toxicity factors for each toxic air contaminant:
Ui = Unit Risk Value for each carcinogenic TAC (i), (µg/m3)-1
RELi = Chronic Reference Exposure Level (REL) for each TAC (i), µg/m3
PAF = Proximity Adjustment Factors (PAF) for nearest exposed individual
NF = Normalization Factors (NF) for each type of health effect (NFCANCER and NFNON-CANCER)
The alternative prioritization score (PS) calculation equations are shown below:
PSCANCER = [(Ei) x (Ui)] x (PAFEI) x (EFEI) x (NFCANCER)
PSNON-CANCER = {(Ei)/(RELi)/(8760)} x (PAFEI) x (EFEI) x (NFNON-CANCER)
Where the variables for the alternative prioritization score equations are:
Ei = Toxic air contaminant emissions from the facility (pounds/year) of each TAC (i)
OEHHA approved toxicity factors for each toxic air contaminant:
Ui = Unit Risk Value for each carcinogenic TAC (i), (µg/m3)-1
RELi = Chronic Reference Exposure Level (REL) for each TAC (i), µg/m3
PAFEI = Proximity Adjustment Factor (PAF) for each type of exposed individual (PAFRESIDENT or
PAFWORKER)
EFEI = Exposure Factor (EF) for each type of exposed individual (EFRESIDENT or EFWORKER)
NF = Normalization Factors (NF) for each type of health effect (NFCANCER and NFNON-CANCER)
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3146 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/17/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Donation for the implementation of the 2016 Bicycle Transportation Plan
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - October 4, 2017 Letter from City of Cupertino to Apple
B - Donation Form
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Donation for the implementation of the 2016 Bicycle Transportation Plan
Accept a donation in the amount of $1,800,000 for the implementation of the 2016 Bicycle
Transportation Plan and approve a Budget Appropriation in the amount of $1,800,000 in the
Capital Improvement Fund (420-99-036 900-905) for the first phase of the Stevens Creek
Boulevard Separated Bike Lane Project
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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a
PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 7, 2017
Subject
Donation for the implementation of the 2016 Bicycle Transportation Plan.
Recommended Action
Accept a donation in the amount of $1,800,000 for the implementation of the 2016
Bicycle Transportation Plan and approve a Budget Appropriation in the amount of
$1,800,000 in the Capital Improvement Fund (420-99-036 900-905) for the first phase of
the Stevens Creek Boulevard Separated Bike Lane Project.
Discussion
The 2016 Bicycle Transportation Plan was adopted in June, 2016, by the City Council.
The Plan, identified several projects as Tier 1 Priority Projects, and the Stevens Creek
Boulevard Class IV Protected Bikeway scored the highest in the ranking criteria.
For the 2017-18 Capital Improvement Program, the City Council acknowledged the
importance of the Stevens Creek Boulevard Protected Bikeway project, but directed
staff to prioritize the McClellan Road Class IV Protected Bikeway to create an
aggressive plan for safe routes to schools. City Council also approved a budget to
complete the Bike Boulevard network identified in the Bike Plan, as well as feasibility
studies for the Junipero Serra Trail, Regnart Trail, and the Union Pacific Rail Trail.
Apple, Inc. has donated $1.8 million toward implementation of the 2016 Bicycle
Transportation Plan. Staff is recommending that the money be directed to ward the first
phase of the Stevens Creek Boulevard Class IV Protected Bikeway, from Tantau Avenue
to Wolfe Road. With this donation and budget appropriation, staff will likely begin
design work at the beginning of the 2018 calendar year and process the project
concurrently with the McClellan Road Protected Bikeway Project.
The donation, in conforming to the City’s Donation Policy adopted October 17, 2017,
exceeds $25,000 and so is brought to the City Council to consider acceptance.
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Sustainability Impact
To the extent that this donation funds a bicycle improvement that 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
This donation will assist in funding the first phase of a currently unfunded number one
priority project of the Bicycle Transportation Plan.
_____________________________________
Prepared by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A - October 4, 2017 Letter from City of Cupertino to Apple
B - Donation Form
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CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3181 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/25/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Application for Alcohol Beverage License for Galpao Gaucho Three, LLC (dba Galpao
Gaucho), 19780 Stevens Creek Boulevard
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Application
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Application for Alcohol Beverage License for Galpao Gaucho Three, LLC (dba
Galpao Gaucho), 19780 Stevens Creek Boulevard
Recommend approval to the California Department of Alcoholic Beverage Control of the
application for Alcohol Beverage License for Galpao Gaucho Three, LLC (dba Galpao
Gaucho), 19780 Stevens Creek Boulevard
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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CITY COUNCIL STAFF REPORT
Meeting: November 2, 2017
Subject
Application for Alcoholic Beverage License for Galpao Gaucho Three, LLC (dba Galpao
Gaucho), 19780 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), 19780 Stevens Creek Boulevard.
Description
Name of Business: Galpao Gaucho
Location: 19780 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 the previous tenant (Elephant Bar) was approved by Planning
Commission on July 12, 2004 to allow a separate bar facility. This prior approval remains active
for Galpao Gaucho as an existing use pending ABC license issuance.
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
_____________________________________
Prepared by: Jeffrey Tsumura, Assistant Planner
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 www.cupertino.org
60
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
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66
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3206 Name:
Status:Type:Consent Calendar Agenda Ready
File created:In control:10/31/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: One Bay Area Grant Cycle 2 Application Resolution of Local Support
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: One Bay Area Grant Cycle 2 Application Resolution of Local Support
Adopt Resolution No. 17-104, authorizing an application to the Metropolitan Transportation
Commission (MTC) for $769,000 in funding from the One Bay Area Grant Program, regional
discretionary funding, appropriating $110,000 in necessary matching funds, and assuring the
completion of the Project in accordance with the application.
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 7, 2017
Subject
One Bay Area Grant Cycle 2 Application Resolution of Local Support
Recommended Action
Adopt Resolution No. 17- ____, authorizing an application to the Metropolitan
Transportation Commission (MTC) for $769,000 in funding from the One Bay Area
Grant Program, regional discretionary funding, appropriating $110,000 in necessary
matching funds, and assuring the completion of the Project in accordance with the
application.
Discussion
The MTC's framework for programming the 2017-2021 Surface Transportation Program
(STP), Congestion Mitigation and Air Quality (CMAQ) and Transportation Alternatives
(TA) funds is called the “One Bay Area Grant” Program (OBAG). OBAG funds for each
county are determined by the MTC. The OBAG Program is a funding approach that
better integrates the region’s federal transportation program with California’s climate
law (Senate Bill 375, Steinberg, 2008) and the Sustainable Communities Strategy.
Santa Clara County OBAG STP funds are offered to local agencies as City Road
Rehabilitation Guarantee funds, which may be used in non-Priority Development Areas
(PDA). The City is guaranteed $769,000 in STP funds.
The following criteria must be met in order to be considered for funding, regardless of
the transportation improvement category or fund source.
A General Plan Housing Element adopted and certified by the California
Department of Housing and Community Development for 2014-22 Regional
Housing Need Allocation (RHNA) prior to May 31, 2015; and
An adopted Complete Streets policy resolution or proof of a General Plan
compliant with the Complete Streets Act of 2008.
Cupertino has met the above criteria. In addition, a Resolution of Local Support is
required in order to apply for funding.
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City staff submitted an OBAG project application for VTA’s consideration. For the STP
guaranteed funds, the 2018 Pavement Maintenance Phase 2 Project would install an
overlay on Bollinger Road between Lawrence Expressway and Miller Avenue, and a
rubberized asphalt chip seal on portions of Prospect Road and McClellan Road. The
total project cost is approximately $880,000.
Staff recommends that the City Council adopt the attached Resolution of Local Support,
which will allow the City to receive its share of STP guarantee funds.
Fiscal Impact
Federally funded projects require a minimum 11.47% local match. To that end, the City
will be contributing $110,000 toward the 2018 Pavement Maintenance Phase 2 Project
from the existing Pavement Management budget.
_____________________________________
Prepared by: David Stillman, Senior Civil Engineer
Reviewed by: Timm Borden, Director of Public Works
Approved for Submission by: David Brandt, City Manager
Attachments:
A – Draft Resolution
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CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION NO.17-___
RESOLUTION AUTHORIZING AN APPLICATION TO THE METROPOLITAN
TRANSPORTATION COMMISSION FOR $769,000 IN FUNDING FROM THE ONE BAY
AREA GRANT PROGRAM, REGIONAL DISCRETIONARY FUNDING; APPROPRIATING
$110,000 IN NECESSARY MATCHING FUNDS; AND ASSURING THE COMPLETION OF
THE PROJECT IN ACCORDANCE WITH THE APPLICATION
WHEREAS, the City of Cupertino (herein referred to as APPLICANT) is
submitting an application to the Metropolitan Transportation Commission (MTC) for
$769,000 in funding assigned to MTC for programming discretion, which includes
federal funding administered by the Federal Highway Administration (FHWA) and
federal or state funding administered by the California Transportation Commission
(CTC) such as Surface Transportation Block Grant Program (STP) funding, Congestion
Mitigation and Air Quality Improvement Program (CMAQ) funding, Transportation
Alternatives (TA) set-aside/Active Transportation Program (ATP) funding, and
Regional Transportation Improvement Program (RTIP) funding (herein collectively
referred to as REGIONAL DISCRETIONARY FUNDING) for the 2018 Pavement
Maintenance Phase 2 Project (herein referred to as PROJECT) for the One Bay Area
Grant Program (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends
legislation to provide funding for various transportation needs and programs,
(collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the
Surface Transportation Block Grant Program (STP) (23 U.S.C. § 133), the Congestion
Mitigation and Air Quality Improvement Program (CMAQ) (23 U.S.C. § 149) and the
Transportation Alternatives (TA) set-aside (23 U.S.C. § 133); and
WHEREAS, state statutes, including California Streets and Highways Code
§182.6, §182.7, and §2381(a)(1), and California Government Code §14527, provide
various funding programs for the programming discretion of the Metropolitan
Planning Organization (MPO) and the Regional Transportation Planning Agency
(RTPA); and
WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any
70
regulations promulgated thereunder, eligible project sponsors wishing to receive
federal or state funds for a regionally-significant project shall submit an application first
with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the
federal Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the
San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC
Resolution No. 3606, revised) that sets out procedures governing the application and
use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL
DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY
FUNDING, MTC requires a resolution adopted by the responsible implementing
agency stating the following:
the commitment of any required matching funds; and
that the sponsor understands that the REGIONAL DISCRETIONARY
FUNDING is fixed at the programmed amount, and therefore any cost
increase cannot be expected to be funded with additional REGIONAL
DISCRETIONARY FUNDING; and
that the PROJECT will comply with the procedures, delivery milestones and
funding deadlines specified in the Regional Project Funding Delivery Policy
(MTC Resolution No. 3606, revised); and
the assurance of the sponsor to complete the PROJECT as described in the
application, subject to environmental clearance, and if approved, as included
in MTC's federal Transportation Improvement Program (TIP); and
that the PROJECT will have adequate staffing resources to deliver and
complete the PROJECT within the schedule submitted with the project
application; and
that the PROJECT will comply with all project-specific requirements as set
forth in the PROGRAM; and
that APPLICANT has assigned, and will maintain a single point of contact for
all FHWA- and CTC-funded transportation projects to coordinate within the
agency and with the respective Congestion Management Agency (CMA),
MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues
that may arise during the federal programming and delivery process for all
FHWA- and CTC-funded transportation and transit projects implemented by
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APPLICANT; and
in the case of a transit project, the PROJECT will comply with MTC
Resolution No. 3866, revised, which sets forth the requirements of MTC’s
Transit Coordination Implementation Plan to more efficiently deliver transit
projects in the region; and
in the case of a highway project, the PROJECT will comply with MTC
Resolution No. 4104, which sets forth MTC’s Traffic Operations System (TOS)
Policy to install and activate TOS elements on new major freeway projects;
and
in the case of an RTIP project, state law requires PROJECT be included in a
local congestion management plan, or be consistent with the capital
improvement program adopted pursuant to MTC’s funding agreement with
the countywide transportation agency; and
WHEREAS, that APPLICANT is authorized to submit an application for
REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications
for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way
adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such
PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or
designee to execute and file an application with MTC for REGIONAL
DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the
MTC in conjunction with the filing of the application.
NOW, THEREFORE, BE IT
RESOLVED that the APPLICANT is authorized to execute and file an
application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING
under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further
RESOLVED that the Cupertino City Council approves the appropriation of the
required matching funds for this grant in the amount of $110,000 and be it further
72
RESOLVED that APPLICANT will provide any required matching funds; and
be it further
RESOLVED that APPLICANT understands that the REGIONAL
DISCRETIONARY FUNDING for the project is fixed at the MTC approved
programmed amount, and that any cost increases must be funded by the APPLICANT
from other funds, and that APPLICANT does not expect any cost increases to be funded
with additional REGIONAL DISCRETIONARY FUNDING; and be it further
RESOLVED that APPLICANT understands the funding deadlines associated
with these funds and will comply with the provisions and requirements of the Regional
Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT
has, and will retain the expertise, knowledge and resources necessary to deliver
federally-funded transportation and transit projects, and has assigned, and will
maintain a single point of contact for all FHWA- and CTC-funded transportation
projects to coordinate within the agency and with the respective Congestion
Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on all communications,
inquires or issues that may arise during the federal programming and delivery process
for all FHWA- and CTC-funded transportation and transit projects implemented by
APPLICANT; and be it further
RESOLVED that PROJECT will be implemented as described in the complete
application and in this resolution, subject to environmental clearance, and, if approved,
for the amount approved by MTC and programmed in the federal TIP; and be it further
RESOLVED that APPLICANT has reviewed the PROJECT and has adequate
staffing resources to deliver and complete the PROJECT within the schedule submitted
with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in
MTC programming guidelines and project selection procedures for the PROGRAM; and
be it further
RESOLVED that, in the case of a transit project, APPLICANT agrees to comply
with the requirements of MTC’s Transit Coordination Implementation Plan as set forth
in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to
comply with the requirements of MTC’s Traffic Operations System (TOS ) Policy as set
73
forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP project, PROJECT is included in a local
congestion management plan, or is consistent with the capital improvement program
adopted pursuant to MTC’s funding agreement with the countywide transportation
agency; and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL
DISCRETIONARY FUNDING funded projects; and be it further
RESOLVED that APPLICANT is authorized to submit an application for
REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further
RESOLVED that there is no legal impediment to APPLICANT making
applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any
way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver
such PROJECT; and be it further
RESOLVED that APPLICANT authorizes its Executive Director, General
Manager, City Manager, or designee to execute and file an application with MTC for
REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this
resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in
conjunction with the filing of the application; and be it further
RESOLVED that the MTC is requested to support the application for the
PROJECT described in the resolution, and if approved, to include the PROJECT in
MTC's federal TIP upon submittal by the project sponsor for TIP programming.
74
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day
of November 2017, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Grace Schmidt Savita Vaidhyanathan, Mayor
City Clerk City of Cupertino
75
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3017 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:9/12/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Approve the second amendment to Employment Contract for the City Attorney and amend
the Appointed Employees' Compensation Program
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Draft Resolution - Second Amendment to the Employment Contract
B - Draft Resolution - Amending the Appointed Employees' Compensation Program
C - Appointed Employees' Compensation Program - Redlined
D - Appointed Employees' Compensation Program - Clean
E - Second Amendment to the Employment Contract - Redlined
F - Second Amendment to the Employment Contract - Clean
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Approve the second amendment to Employment Contract for the City Attorney and
amend the Appointed Employees' Compensation Program
Adopt Resolution No. 17-105, approving the second amendment to the employment contract
for the City Attorney and authorizing the Mayor to execute the contract; and Adopt
Resolution No. 17-106, amending the Appointed Employees’ Compensation Program to
reflect changes in compensation for the City Attorney.
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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S ADMINISTRATIVE SERVICES DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3227 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 7, 2017
Subject
Approve the second amendment to Employment Contract for the City Attorney and amend
the Appointed Employees’ Compensation Program.
Recommended Action
Adopt Resolution No. 17-______, approving the second amendment to the employment
contract for the City Attorney and authorizing the Mayor to execute the contract; and
Adopt Resolution No. 17-______, amending the Appointed Employees’ Compensation
Program to reflect changes in compensation for the City Attorney.
Discussion
The City Council conducted its annual evaluation of the City Attorney on September 6, 2017.
Consistent with the City’s total compensation survey the City Council desires to adjust the
City Attorney’s compensation as follows:
The monthly base salary of the City Attorney shall be increased from $19,218.38 to
$20,511.00 representing at 5.93% increase and,
The new $20,511.00 monthly based salary combined with the additional monthly
management leave cash payment of $789.00 results in new monthly base salary plus
other cash total of $21,300.00.
The amended Employment Contract is submitted for Council approval with an effective
date of September 6, 2017.
Staff also proposes to amend the Appointed Employees’ Compensation Program to reflect
the increase in monthly salary.
Fiscal Impact
Approval of the above will increase the FY 2017-18 budget appropriations by $14,782 in
salary and benefits.
================================================================================
Prepared by: Karen Bernard-Guerin, Senior Management Analyst
Reviewed by: Kristina Alfaro, Director of Administrative Services and Dania Torres
Wong, Renee Sloan Holtzman Sakai, LLP
Approved by: David Brandt, City Manager
77
Attachments:
A - Draft Resolution approving the Second Amendment to the Employment Contract
B - Draft Resolution amending the Appointed Employees’ Compensation Program
C - Appointed Employees’ Compensation Program - Redlined
D - Appointed Employees’ Compensation Program – Clean
E - Second Amendment to the Employment Contract – Redlined
F - Second Amendment to the Employment Contract – Clean
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE SECOND AMENDMENT TO THE EMPLOYMENT
CONTRACT BETWEEN THE CITY OF CUPERTINO AND
RANDOLPH HOM, CITY ATTORNEY, AND AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, the City Council has conducted an annual evaluation of the City
Attorney, Randolph Hom; and
WHEREAS, the City Council desires to adjust the Attorney’s salary to put him in
parity with other employees based on the salary and benefit survey for the City Attorney,
and has authorized a base salary increase of 5.93% or $20,511.00 per month; and
WHEREAS, the increase in monthly base salary to $20,511.00 combined with the
additional monthly cash payment of $789.00 for management leave results in a new
monthly base salary plus other cash total of $21,300.00;
WHEREAS, the terms, conditions and provisions of the agreement have been
reviewed and approved by the Director of Administrative Services and Renee Sloan
Holtzman Sakai, LLP;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned amendment to the employment
agreement and authorizes the Mayor to execute said amendment on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino
the 7th day of November 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
79
1
RESOLUTION NO. 17-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING THE APPOINTED EMPLOYEES’ COMPENSATION PROGRAM
WHEREAS, the City Council desires to amend the Appointed Employees’
Compensation Program.
NOW, THEREFORE, BE IT RESOLVED that the Appointed Compensation
Program be amended which is incorporated in this resolution by this reference and
attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 7th day of November 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
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2
City of Cupertino
APPOINTED 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 as appointed management employees by the City Council in the City Manager's and
City Attorney offices shall be eligible for participation under the Appointed Employees'
Compensation Program as hereby ad opted by action of the City Council and as same may be
amended or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed
by the City Council and holding positions as management employees, as defined un der section
2.52.290 of the Cupertino Municipal Code, in the City Manager and City Attorney Offices.
These are 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 appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
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
July 1, 2010
Revised December 18, 2012
Exhibit A
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3
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program
shall be compensated for services rendered to and on behalf of the City on the basis of equitably
of pay for duties and responsibilities assigned, meritorious service and comparability with
similar work in other public and private employment in the same labor market; all of which is
contingent upon the City's ability to pay consistent with its fiscal policies.
Effective October 1, 2016, a 1% salary increase will be added to the salary range of each
classification in this unit. Effective the first full pay period in July 2017, a .75% salary increase will
be added to the salary range of each classification in this unit. Effective September 6, 2017, a salary
increase of 5.93% or $20,511 base pay will be added to the City Attorney classification.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
It is City of Cupert ino 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 fo r 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.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may
be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile
distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
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.
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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 reimb ursement 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 destinati on. 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
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 t he 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.
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Where lodging is nece ssary 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 154 2 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.
No payment shall be made for any expenses incurred w hich 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
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7
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;
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
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions
shall not exceed the budgetary limitations.
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 t hrough 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 th an seven days prior
to the need for the advance with the following information: 1) Purpose of the expenditure; 2)
86
8
The anticipated amount of the expenditure (for example, hotel rates, meal costs, and
transportation expenses); and 3) The dates of the expendi ture. 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
87
9
City of Cupertino
APPOINTED 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 absen ce
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 shall be paid an automobile allowance according to their employment contract
with the City.
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
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
88
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City of Cupertino
APPOINTED 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.
Subscriptions to or purchase of professional and technical publications may be provided at
City expense providing the subject matter and material generally contained therein are related to
municipal governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
Management 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED 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 the City Manager and City Attorney 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
Appointed employees in the City Manager and City Attorney positions will have immediate vesting
of retiree medical benefits.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016
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City of Cupertino
APPOINTED 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 wo rkload 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 1, 2010
Revised December 18, 2012, July 2013
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City of Cupertino
APPOINTED 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 the
City Manager and City Attorney that will mitigate the personal and family financial
hardships resulting from continuing disability that prevents a n 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016
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City of Cupertino
APPOINTED 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 the City Manager and the City Attorney for services
performed for the City. The City participates in the California Public Employees' Retirement
System (PERS) and de ferred 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 attorney 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 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED 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-
Effective October 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
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016
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City of Cupertino
APPOINTED 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 the City Manager and City Attorney 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, 2010
Revised October 2, 2012; December 18, 2012,
October 2016
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The City Manager and City Attorney shall receive eighty (80) 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 1, 2010
Revised December 18, 2012, October
2016
97
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City of Cupertino
APPOINTED 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 the City Manager and the City Attorney and their eligible dependents. The
purpose of this program is to provide professional assistanc e and counseling concerning
financial, legal, pre -retirement, and other matters of a personal nature.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
PUBLIC SERVICE CREDIT — VACATION ACCUMULATION
The City Manager and the City Attorney 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 ha ve the responsibility of
providing certification as to previous public sector service.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the City Manager and the City Attorney pursuant to
Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
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City of Cupertino
APPOINTED 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 1, 2010
Revised October 2, 2012; December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees
whose positions are exempt under the provisions of the Cupertino Municipal Code, are
set forth below. Only the City Council can modify these rates.
Monthly Salary Effective October 1, 2016
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $19,219.10
City Manager $0 $0 $0 $0 $22,232.07
Monthly Salary Effective First Full Pay Period in July 2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $19,363.24
City Manager $0 $0 $0 $0 $22,398.81
Monthly Salary Effective September 6, 2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $20,511.00
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City of Cupertino
APPOINTED 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 as appointed management employees by the City Council in the City Manager's and
City Attorney offices shall be eligible for participation under the Appointed Employees'
Compensation Program as hereby ad opted by action of the City Council and as same may be
amended or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed
by the City Council and holding positions as management employees, as defined under section
2.52.290 of the Cupertino Municipal Code, in the City Manager and City Attorney Offices.
These are 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 appointed employees.
MANAGEMENT
CLASSIFICATIONS: Classification
Title
City Manager
City Attorney
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
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program
shall be compensated for services rendered to and on behalf of the City on the basis of equitably
of pay for duties and responsibilities assigned, meritorious service and comparability with
similar work in other public and private employment in the same labor market; all of which is
contingent upon the City's ability to pay consistent with its fiscal policies.
Effective October 1, 2016, a 1% salary increase will be added to the salary range of each
classification in this unit. Effective the first full pay period in July 2017, a .75% salary increase will
be added to the salary range of each classification in this unit. Effective September 6, 2017, a salary
increase of 5.93% or $20,511 base pay will be added to the City Attorney classification.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017
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City of Cupertino
APPOINTED EMPLOYEES'COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
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.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may
be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile
distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
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.
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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
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.
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5
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.
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
107
6
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;
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
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions
shall not exceed the budgetary limitations.
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
108
7
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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
109
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City of Cupertino
APPOINTED 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 shall be paid an automobile allowance according to their employment contract
with the City.
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
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
110
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City of Cupertino
APPOINTED 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.
Subscriptions to or purchase of professional and technical publications may be provided at
City expense providing the subject matter and material generally contained therein are related to
municipal governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
111
10
City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
Management 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
112
11
City of Cupertino
APPOINTED 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 the City Manager and City Attorney 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
Appointed employees in the City Manager and City Attorney positions will have immediate vesting
of retiree medical benefits.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016
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City of Cupertino
APPOINTED 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 1, 2010
Revised December 18, 2012, July 2013
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City of Cupertino
APPOINTED 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 the
City Manager and City Attorney 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016
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City of Cupertino
APPOINTED 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 the City Manager and the City Attorney 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 attorney 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 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED 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-
Effective October 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
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016
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City of Cupertino
APPOINTED 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 the City Manager and City Attorney 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, 2010
Revised October 2, 2012; December 18, 2012,
October 2016
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The City Manager and City Attorney shall receive eighty (80) 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 1, 2010
Revised December 18, 2012, October
2016
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City of Cupertino
APPOINTED 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 the City Manager and the City Attorney 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
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
PUBLIC SERVICE CREDIT — VACATION ACCUMULATION
The City Manager and the City Attorney 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the City Manager and the City Attorney pursuant to
Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
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City of Cupertino
APPOINTED 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 1, 2010
Revised October 2, 2012; December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose
positions are exempt under the provisions of the Cupertino Municipal Code, are set forth
below. Only the City Council can modify these rates.
Monthly Salary Effective October 1, 2016
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $19,219.10
City Manager $0 $0 $0 $0 $22,232.07
Monthly Salary Effective First Full Pay Period in July 2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $19,363.24
City Manager $0 $0 $0 $0 $22,398.81
Monthly Salary Effective September 6, 2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $20,511.00
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City of Cupertino
APPOINTED 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 as appointed management employees by the City Council in the City Manager's and
City Attorney offices shall be eligible for participation under the Appointed Employees'
Compensation Program as hereby ad opted by action of the City Council and as same may be
amended or as otherwise modified from time to time.
Eligibility for inclusion in this Compensation program is limited to persons appointed
by the City Council and holding positions as management employees, as defined under section
2.52.290 of the Cupertino Municipal Code, in t he City Manager and City Attorney Offices.
These are 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 appointed employees.
MANAGEMENT CLASSIFICATIONS:
Classification Title
City Manager
City Attorney
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
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 2
SALARY SCHEDULE
AND OTHER SALARY RATES
It is City of Cupertino policy that eligible persons under this Compensation Program
shall be compensated for services rendered to and on behalf of the City on the basis of equitably
of pay for duties and responsibilities assigned, meritorious service and comparability with
similar work in other public and private employment in the same labor market; all of which is
contingent upon the City's ability to pay consistent with its fiscal policies.
Effective October 1, 2016, a 1% salary increase will be added to the salary range of each
classification in this unit. Effective the first full pay period in July 2017, a .75% salary increase will
be added to the salary range of each classification in this unit. Effective September 6, 2017, a salary
increase of 5.93% or $20,511 base pay will be added to the City Attorney classification.
Adopted by Action of the City Council July 1, 2010
Revised October 2, 2012
Revised December 18, 2012, October 2016, September 6, 2017
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 3
TRAINING AND CONFERENCES
I. POLICY
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.
II DEFINITIONS
A. Conferences
A conference is an annual meeting of a work related organization the membership of which may
be held in the name of the City or the individual.
B. Local Area
The local area is defined to be within Santa Clara and San Mateo Counties and within a 40-mile
distance from Cupertino when traveling to Alameda County.
C. Meetings
A "meeting" shall mean a convention, conference, seminar, workshop, meal, or like assembly
having to do with municipal government operations. An employee serving on a panel for
interviews of job applicants shall not come under this definition.
D. Training Session
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.
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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 tran sportation 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
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.
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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 pr ice 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 d iem 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, bu t 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.
No payment shall be made for any expenses incurred which are of a personal nature or not
within a standard of reas onableness 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
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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;
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
A. Budgetary Limitations
Reimbursement or advances for expenses relative to conferences, meeting or training sessions
shall not exceed the budgetary limitations.
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 tha n 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
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transportation expenses); and 3) The dates of the expendit ure. 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED 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 absen ce
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 shall be paid an automobile allowance according to their employment contract
with the City.
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
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
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City of Cupertino
APPOINTED 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.
Subscriptions to or purchase of professional and technical publications may be provided at
City expense providing the subject matter and material generally contained therein are related to
municipal governmental operations.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 6
OVERTIME WORKED
Management 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED 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 the City Manager and City Attorney 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
Appointed employees in the City Manager and City Attorney positions will have immediate vesting
of retiree medical benefits.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, July 2013, October 2016
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City of Cupertino
APPOINTED 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 wo rkload 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 1, 2010
Revised December 18, 2012, July 2013
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City of Cupertino
APPOINTED 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 the
City Manager and City Attorney that will mitigate the personal and family financial
hardships resulting from continuing disability that prevents a n 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.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012, October
2016
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City of Cupertino
APPOINTED 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 the City Manager and the City Attorney for services
performed for the City. The City participates in the California Public Employees' Retirement
System (PERS) and de ferred 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 attorney 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 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED 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-
Effective October 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
July 1, 2010
Revised October 2, 2012; December 18, 2012, July 2013, October 2016
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City of Cupertino
APPOINTED 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 the City Manager and City Attorney 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, 2010
Revised October 2, 2012; December 18, 2012,
October 2016
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 13
ADMINISTRATIVE LEAVE
The City Manager and City Attorney shall receive eighty (80) 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 1, 2010
Revised December 18, 2012, October
2016
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City of Cupertino
APPOINTED 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 the City Manager and the City Attorney 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
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 15
PUBLIC SERVICE CREDIT — VACATION ACCUMULATION
The City Manager and the City Attorney shall earn vacation hours under the same
vacation accumulation schedule as all other employees. Credit shall be pro vided 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) affec ted by this policy will have the responsibility of
providing certification as to previous public sector service.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
Policy No. 16
HOUSING ASSISTANCE PROGRAM
Housing assistance may be offered to the City Manager and the City Attorney pursuant to
Resolution No. 15-092 as amended.
Adopted by Action of the City Council
July 1, 2010
Revised December 18, 2012
Revised October 20, 2015
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City of Cupertino
APPOINTED 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. Enr ollment 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 1, 2010
Revised October 2, 2012; December 18, 2012
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City of Cupertino
APPOINTED EMPLOYEES' COMPENSATION PROGRAM
EXEMPT POSITIONS
The salaries, wages, or rates of pay for City Attorney and City Manager employees whose
positions are exempt under the provisions of the Cupertino Municipal Code, are set forth
below. Only the City Council can modify these rates.
Monthly Salary Effective October 1, 2016
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $19,219.10
City Manager $0 $0 $0 $0 $22,232.07
Monthly Salary Effective First Full Pay Period in July 2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $19,363.24
City Manager $0 $0 $0 $0 $22,398.81
Monthly Salary Effective September 6, 2017
Classification Step 1 Step 2 Step 3 Step 4 Step 5
City Attorney $0 $0 $0 $0 $20,511.00
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SECOND FIRST AMENDED EMPLOYMENT CONTRACT FOR CITY ATTORNEY
This Second Amended Employment Contract is made and entered into this 1st day
of November, 2016 6th day of September, 2017 by and between the CITY OF CUPERTINO,
STATE OF CALIFORNIA, a Municipal Corporation, by and through its City Council
(EMPLOYER), and Randolph Stevenson Hom (EMPLOYEE).
RECITALS:
A. EMPLOYER is a Municipal Corporation of the State of California.
B. The City Council of the City of Cupertino, in accordance with the provisions of its
Municipal Code, desires to employ the services of EMPLOYEE as the City
Attorney.
C. It is the desire of both EMPLOYER and EMPLOYEE to set forth the terms and
conditions of said employment.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
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ARTICLE I TERM OF EMPLOYMENT
Section 1.01. Term of the Contract:
This Second Amendment amends the original Contract dated originally beganins
on October 20, 2015 and was amended on November 1, 2016. January 4, 2016 and The Contract
will automatically expire on January 4, 2021, unless extended in writing by the parties. On or
within 30 days of January 4, 2020, EMPLOYEE shall notify EMPLOYER of the expiration date
of January 4, 2021. In the event that EMPLOYER does not intend to extend this Contract beyond
expiration, it shall notify EMPLOYEE in writing of its intent not to extend prior to the effective
date of expiration. Failure of the EMPLOYER to provide such notice shall not affect the
expiration date of January 4, 2021.
Section 1.02. Terminations Prior to Expiration: Notwithstanding any provision contained
in this Contract to the contrary, EMPLOYEE understands and agrees that he serves at the pleasure
of EMPLOYER and may be terminated prior to expiration of this Contract at the will of
EMPLOYER, subject only to the severance provisions set forth in Article V of this Contract, and
the ordinance provisions as set forth in Section 2.18.110 of the Cupertino Municipal Code. In
like manner, nothing in this Contract shall prevent, limit, or otherwise interfere with the right of
EMPLOYEE to resign at any time from the position of City Attorney subject only to the notice
provisions set forth in Article V of this Contract and the ordinance provisions as set forth in
Section 2.18.110 of the Cupertino Municipal Code.
EMPLOYEE further acknowledges that EMPLOYER has made no implied, expressed, or
written assurances of continued employment with the City of Cupertino other than as specifically
set forth in this Contract.
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ARTICLE II DUTIES AND OBLIGATIONS OF EMPLOYEE
Section 2.01. Duties: EMPLOYER hereby agrees to employ EMPLOYEE as City
Attorney of the City of Cupertino to perform the functions and duties as specified in the Municipal
Code, California Constitution, and California Statutes, and to perform such other legally
permissible and proper duties and functions as EMPLOYER shall from time to time assign to
EMPLOYEE which are reasonably related to the position of City Attorney, including, but not
limited to:
(a) Attendance at City Council meetings and other meetings as required;
(b) Research, preparation and review of ordinances, resolutions, agreements,
contracts, leases, written opinions and other documents of legal nature necessary
or requested by the City Council;
(c) Provision of all legal advice on behalf of the City to the City Council, City
Manager, and other City officers and employees;
(d) Representation of the City, members of the City Council and other City officers
and employees in litigation as necessary;
(e) Selection, retention, supervision and monitoring of outside legal counsel as
required;
(f) Commencement and prosecution of criminal actions and civil abatements
necessary and appropriate to enforce City's ordinances;
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(g) Monitoring and advising the City Council and City staff regarding legislation and
case law affecting the City.
Section 2.02. Devotion to Duties: EMPLOYEE agrees to devote productive time, ability,
and attention to the business of EMPLOYER during the term of this Employment Contract. This
Contract shall not be interpreted nor intended to prohibit EMPLOYEE from making passive
personal investments, conducting private business affairs or providing volunteer or limited legal
services if those activities do not interfere with the services required under this Contract.
Section 2.03. Performance Evaluation Procedures: The City Council shall review and
evaluate the performance of EMPLOYEE at least annually, or on any other schedule deemed
appropriate by the City Council. Said review and evaluation shall be in accordance with specific
criteria developed by EMPLOYER after consultation with EMPLOYEE.
ARTICLE III COMPENSATION
Section 3.01. Compensation: EMPLOYER agrees to pay to EMPLOYEE for services
rendered by him pursuant to this Contract a monthly basebase salary of $21,300.00
($$20,511.00 base salaryand an additional cash payment of plus $789.00 per month for
management leave for a total monthly salary plus additional cash of $21,300.00), effective
September 6, 2017, $19,218.38, payable in installments at the time as other employees of
EMPLOYER are paid. Per the Appointed Employees’ Compensation Program, effective the first
full pay period in July 2017, a 0.75% salary increase will be added to the salary range of each
classification in the unit. EMPLOYEE's monthly base salary shall be adjusted by any percentage
increase provided in the Appointed Employees’ Compensation Program, generally, and shall not
be decreased unless in a percentage consistent with a decrease applicable to employees covered
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5
under the Appointed Employees’ Compensation Program, generally. Notwithstanding the above,
EMPLOYER and EMPLOYEE agree that there shall be no further salary adjustments or bonuses
for 20172016. At the time of EMPLOYEE’s periodic evaluations, EMPLOYER may consider an
additional compensation package increase including, but not limited to, merit pay or an additional
increase in salary or benefits.
Section 3.02. Deferred Compensation: City shall provide to EMPLOYEE the same
deferred compensation plan that may be provided to other employees covered under the
Appointed Employees’ Compensation Program, if any.
ARTICLE IV EMPLOYEE BENEFITS
Section 4.01. Vacation and Sick Leave: EMPLOYEE shall be credited with 10 days
of vacation and 5 days of sick leave as of the commencement of employment. Annual vacation
and sick leave shall be accrued and administered in the same manner as vacation and sick
leave is administered in the Appointed Employees’ Compensation Program of EMPLOYER.
Section 4.02. Benefits: EMPLOYEE shall be entitled to receive benefits provided by
EMPLOYER at a level no less than that provided to employees covered under the Appointed
Employees’ Compensation Program, which presently consist of retirement benefits, family health
coverage, life insurance, disability insurance, Cupertino sports club membership, administrative
leave, floating holidays and holidays. The benefits so provided are subject to modification during
the course of this Contract at the sole and absolute discretion of EMPLOYER at such times and to
such extent as EMPLOYER may deem appropriate provided, however, there shall be no reduction
in benefits unless EMPLOYER implements the same reduction of benefits to all other employees
covered under the Appointed Employees’ Compensation Program (except as specified in this
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6
Contract). Notwithstanding the above, EMPLOYEE waives the monthly automobile allowance
provided under Policy No. 4 of the Appointed Employees’ Compensation Program and shall not
be entitled to receive this benefit during the term of this Contract.
Section 4.03. Professional Dues and Subscriptions: EMPLOYER agrees to pay for
EMPLOYEE's annual membership to the State Bar of California and for professional dues
and subscriptions of EMPLOYEE directly related to or beneficial to his duties as City
Attorney, provided the City Council has made provisions for such costs in the annual budget.
Section 4.04 Expenses: EMPLOYEE shall be entitled to reimbursement for all
reasonable expenses necessarily incurred by him in the performance of his duties upon
presentation of vouchers indicating the amount and purpose thereof, and further provided
that such expenses are in accordance with policies established from time to time by
EMPLOYER and consistent with budget allocations adopted by EMPLOYER for that
purpose during the term of this Employment Contract.
Section 4.05. Moving and Relocation Expenses: EMPLOYEE shall be reimbursed or
EMPLOYER may pay directly for the actual expenses incurred of packing, unpacking, and moving
himself, his family, and his personal property from Castro Valley to Cupertino, California, not to
exceed a maximum of $8,000. Moving shall also include any necessary storage and insurance
costs. EMPLOYEE must present receipts of actual expenses to the City in order to receive
reimbursement.
Section 4.06. Professional Development: EMPLOYER hereby agrees to pay travel and
subsistence expenses of EMPLOYEE for professional and office travel, meetings, and occasions
adequate to continue the professional development of EMPLOYEE and to adequately pursue
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necessary official functions for EMPLOYER, including, but not limited to, city attorney
associations and such other national, regional, state, and local government groups and committees
there of which EMPLOYEE serves as a member, provided the City Council has made provisions
for such costs in the annual budget.
EMPLOYER also agrees to pay tuition, travel, and subsistence expenses of
EMPLOYEE for courses, institutes, and seminars that are necessary for his professional
development and for the good of the City provided the City Council has provided for same in
the annual budget.
Section 4.07. Housing Assistance: EMPLOYEE may elect to receive Housing
Assistance in accordance with the EMPLOYER'S Housing Assistance Program for Appointed
Employees and Department Heads in effect as of the execution date of this Contract, which is
subject to approval by th e City Council.
ARTICLE V TERMINATION AND NOTICE
Section 5.01. Termination of Employment and Severance:
a. Subject to the provisions of Section 2.18.110 of EMPLOYER'S Municipal Code,
EMPLOYEE serves at the pleasure of the EMPLOYER and nothing herein shall be
taken to prevent, limit or otherwise interfere with the right of EMPLOYER to
terminate the services of EMPLOYEE with or without cause; provided, however,
EMPLOYER shall take no action to terminate the services of EMPLOYEE within
ninety (90) days after an election at which one or more new members are elected to
the City Council or where the effective date of termination is less than one year and
one day after commencement of the term of this Contract. There is no express or
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8
implied promise made to EMPLOYEE for any form of continued employment.
This Contract and the EMPLOYER'S Municipal Code Chapter 2.18 are the sole
and exclusive bases for an employment relationship between EMPLOYEE and
EMPLOYER.
b. If the EMPLOYEE is terminated by the EMPLOYER prior to expiration of this
Contract, while still willing and able to perform the duties of the City Attorney,
EMPLOYER agrees to pay EMPLOYEE a single lump sum payment made on the
effective date of termination, in an amount equivalent to nine months aggregate
salary and aggregate medical insurance benefit allowance if there are nine or more
months prior to the expiration date of this contract. If there are less than nine months
remaining the term of the contract, then the single lump sum payment made on the
effective day of termination shall be in an amount equal to the monthly aggregate
salary and aggregate medical benefit of the EMPLOYEE multiplied by the
numbers of months left on the unexpired term of the Contract. If this Contract is
not renewed, then EMPLOYER shall either provide EMPLOYEE with nine months
prior notice of nonrenewal or shall pay EMPLOYEE a single lump sum payment
made on the effective date of termination in an amount equivalent to the difference
between nine months aggregate salary and medical insurance benefit allowance
computed for the number of months of notice actually given. Any such payments
will release EMPLOYER from any further obligations under this Contract.
Contemporaneously with the delivery of the severance pay herein above set out,
EMPLOYEE agrees to execute and deliver to EMPLOYER a release releasing
EMPLOYER of all claims that EMPLOYEE may have against EMPLOYER.
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c. Notwithstanding paragraph (b) above, EMPLOYER shall not be obligated to pay,
and shall not pay, any amounts or continue any benefits under the provisions of
paragraph (b), if EMPLOYEE is terminated for cause or because of a crime of moral
turpitude or a violation of statute or law constituting misconduct in office. Further,
EMPLOYER shall not be obligated to pay, and shall not pay, any amounts or
continue any benefits under paragraph (b), in the event EMPLOYEE voluntarily
resigns or retires without affirmative action by EMPLOYER to terminate, initiate
termination proceedings or request resignation.
d. Any cash settlement received by the EMPLOYEE under paragraph (b) above, must
be fully returned to the CITY if the EMPLOYEE is convicted of a crime involving
an abuse of his office or position.
ARTICLE VI MISCELLANEOUS
Section 6.01. Form of Notices: Notices pursuant to this Contract shall be in writing
given by deposit in the custody of the United States Postal Service, first class postage prepaid,
addressed as follows:
a. The CITY: Mayor and City Council
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
b. EMPLOYEE: Randolph Stevenson Hom
_____________________
_____________________
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Alternatively, notices required pursuant to this Contract may be personally served in the
same manner as is applicable to civil judicial process. Notice shall be deemed given as of the
date of personal service or as of the date three days after deposit of such written notice, postage
prepaid, with the United States Postal Service.
Section 6.02. Bonding: EMPLOYER shall bear the full cost of any fidelity or other
bonds required of EMPLOYEE under any law or ordinance.
Section 6.03. Indemnification: EMPLOYER shall defend, save harmless and indemnify
EMPLOYEE against any tort, professional liability claim or demand, or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance
of EMPLOYEE's duties as City Attorney. If EMPLOYER compromises or settles any such claim
or suit, EMPLOYER shall pay the amount of any settlement, or if the claim results in a judgment
against EMPLOYEE, EMPLOYER shall pay any such judgment. This indemnification does not
apply to any act, action, or omission arising out of the gross negligence, willful misconduct on the
part of EMPLOYEE, or acts EMPLOYEE outside the scope of his duties. Notwithstanding the
above, EMPLOYEE must repay the CITY for any paid administrative leave provided to
EMPLOYEE pending investigations, or any EMPLOYER paid criminal defenses, if EMPLOYEE
is convicted of a crime involving an abuse of his office.
Section 6.04. General Provisions:
a. The text herein shall constitute the entire Contract between the parties.
b. This Contract shall be binding upon and insure to the benefit of the heirs at law and
executors of EMPLOYEE.
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c. This Contract may only be modified upon the written consent of the EMPLOYER
and EMPLOYEE.
d. In any action to enforce the terms of this Contract, the prevailing party shall be
entitled to recover reasonable attorney's fees and court costs and other non-
reimbursable litigation expenses, such as expert witness fees and investigation
expenses.
Section 6.05. Severability: If any provision, or any portion thereof, contained in this
Contract is held unconstitutional, invalid or unenforceable, the remainder of this Contract shall
be deemed severable, shall not be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, EMPLOYER has caused this Contract to be signed and
executed in its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has
signed and executed this Contract, both in duplicate, the day and year first above written.
ATTEST: CITY OF CUPERTINO:
City Clerk Mayor
APPROVED AS TO FORM:
Renee Sloan Holtzman Sakai on behalf “EMPLOYEE”
of the City
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SECOND AMENDED EMPLOYMENT CONTRACT FOR CITY ATTORNEY
This Second Amended E mployment Contract is made and entered into this 6th day
of September, 2017 by and between the CITY OF CUPERTINO, STATE OF CALIFORNIA, a
Municipal Corporation, by and through its City Council (EMPLOYER), and Randolph
Stevenson Hom (EMPLOYEE).
RECITALS:
A. EMPLOYER is a Municipal Corporation of the State of California.
B. The City Council of the City of Cupertino, in accordance with the provisions of its
Municipal Code, desires to employ the services of EMPLOYEE as the City
Attorney.
C. It is the desire of both EMPLOYER and EMPLOYEE to set forth the terms and
conditions of said employment.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
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ARTICLE I TERM OF EMPLOYMENT
Section 1.01. Term of the Contract:
This Second Amendment amends the original Contract dated October 20, 2015 and
amended on November 1, 2016. The Contract will automatically expire on January 4, 2021 unless
extended in writing by the parties. On or within 30 days of January 4, 2020, EMPLOYEE shall
notify EMPLOYER of the expiration date of January 4, 2021. In the event that EMPLOYER
does not intend to extend this Contract beyond expiration, it shall notify EMPLOYEE in writing
of its intent not to extend prior to the effective date of expiration. Failure of the EMPLOYER to
provide such notice shall not affect the expiration date of January 4, 2021.
Section 1.02. Termination Prior to Expiration: Notwithstanding any provision contained
in this Contract to the contrary, EMPLOYEE understands and agrees that he serves at the pleasure
of EMPLOYER and may be terminated prior to expiration of this Contract at the will of
EMPLOYER, subject only to the severance provisions set forth in Article V of this Contract, and
the ordinance provisions as set forth in Section 2.18.110 of the Cupertino Municipal Code. In
like manner, nothing in this Contract shall prevent, limit, or otherwise interfere with the right of
EMPLOYEE to resign at any time from the position of City Attorney subject only to the notice
provisions set forth in Article V of this Contract and the ordinance provisions as set forth in
Section 2.18.110 of the Cupertino Municipal Code.
EMPLOYEE further acknowledges that EMPLOYER has made no implied, expressed, or
written assurances of continued employment with the City of Cupertino other than as specifically
set forth in this Contract.
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ARTICLE II DUTIES AND OBLIGATIONS OF EMPLOYEE
Section 2.01. Duties: EMPLOYER hereby agrees to employ EMPLOYEE as City
Attorney of the City of Cupertino to perform the functions and duties as specified in the Municipal
Code, California Constitution, and California Statutes, and to perform such other legally
permissible and proper duties and functions as EMPLOYER shall from time to time assign to
EMPLOYEE which are reasonably related to the position of City Attorney, including, but not
limited to:
(a) Attendance at City Council meetings and other meetings as required;
(b) Research, preparation and review of ordinances, resolutions, agreements,
contracts, leases, written opinions and other documents of legal nature necessary
or requested by the City Council;
(c) Provision of all legal advice on behalf of the City to the City Council, City
Manager, and other City officers and employees;
(d) Representation of the City, members of the City Council and other City officers
and employees in litigation as necessary;
(e) Selection, retention, supervision and monitoring of outside legal counsel as
required;
(f) Commencement and prosecution of criminal actions and civil abatements
necessary and appropriate to enforce City's ordinances;
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(g) Monitoring and advising the City Council and City staff regarding legislation and
case law affecting the City.
Section 2.02. Devotion to Duties: EMPLOYEE agrees to devote productive time, ability,
and attention to the business of EMPLOYER during the term of this Employment Contract. This
Contract shall not be interpreted nor intended to prohibit EMPLOYEE from making passive
personal investments, conducting private business affairs or providing volunteer or limited legal
services if those activities do not interfere with the services required under this Contract.
Section 2.03. Performance Evaluation Procedures: The City Council shall review and
evaluate the performance of EMPLOYEE at least annually, or on any other schedule deemed
appropriate by the City Council. Said review and evaluation shall be in accordance with specific
criteria developed by EMPLOYER after consultation with EMPLOYEE.
ARTICLE III COMPENSATION
Section 3.01 . Compensation: EMPLOYER agrees to pay to EMPLOYEE for services
rendered by him pursuant to this Contract a monthly base salary of $20,511.00 and an additional
cash payment of $789.00 per month for management leave for a total monthly salary plus
additional cash of $21,300.00, effective September 6, 2017, payable in installments at the time
as other employees of EMPLOYER are paid. EMPLOYEE's monthly base salary shall be adjusted
by any percentage increase provided in the Appointed Employees’ Compensation Program,
generally, and shall not be decreased unless in a percentage consistent with a decrease applicable
to employees covered under the Appointed Employees’ Compensation Program, generally.
Notwithstanding the above, EMPLOYER and EMPLOYEE agree that there shall be no further
salary adjustments or bonuses for 2017. At the time of EMPLOYEE’s periodic evaluations,
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EMPLOYER may consider an additional compensation package increase including, but not limited
to, merit pay or an additional increase in salary or benefits.
Section 3.02. Deferred Compensation: City shall provide to EMPLOYEE the same
deferred compensation plan that may be provided to other employees covered under the
Appointed Employees’ Compensation Program, if any.
ARTICLE IV EMPLOYEE BENEFITS
Section 4.01. Vacation and Sick Leave: EMPLOYEE shall be credited with 10 days
of vacation and 5 days of sick leave as of the commencement of employment. Annual vacation
and sick leave shall be accrued and administered in the same manner as vacation and sick
leave is administered in the Appointed Employees’ Compensation Program of EMPLOYER.
Section 4.02. Benefits: EMPLOYEE shall be entitled to receive benefits provided by
EMPLOYER at a level no less than that provided to employees covered under the Appointed
Employees’ Compensation Program, which presently consist of retirement benefits, family health
coverage, life insurance, disability insurance, Cupertino sports club membership, administrative
leave, floating holidays and holidays. The benefits so provided are subject to modification during
the course of this Contract at the sole and absolute discretion of EMPLOYER at such times and to
such extent as EMPLOYER may deem appropriate provided, however, there shall be no reduction
in benefits unless EMPLOYER implements the same reduction of benefits to all other employees
covered under the Appointed Employees’ Compensation Program (except as specified in this
Contract). Notwithstanding the above, EMPLOYEE waives the monthly automobile allowance
provided under Policy No. 4 of the Appointed Employees’ Compensation Program and shall not
be entitled to receive this benefit during the term of this Contract.
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Section 4.03. Professional Dues and Subscriptions: EMPLOYER agrees to pay for
EMPLOYEE's annual membership to the State Bar of California and for professional dues
and subscriptions of EMPLOYEE directly related to or beneficial to his duties as City
Attorney, provided the City Council has made provisions for such costs in the annual budget.
Section 4.04 Expenses: EMPLOYEE shall be entitled to reimbursement for all
reasonable expenses necessarily incurred by him in the performance of his duties upon
presentation of vouchers indicating the amount and purpose thereof, and further provided
that such expenses are in acc ordance with policies established from time to time by
EMPLOYER and consistent with budget allocations adopted by EMPLOYER for that
purpose during the term of this Employment Contract.
Section 4.05. Moving and Relocation Expenses: EMPLOYEE shall be reimbursed or
EMPLOYER may pay directly for the actual expenses incurred of packing, unpacking, and moving
himself, his family, and his personal property from Castro Valley to Cupertino, California, not to
exceed a maximum of $8,000. Moving shall also include any necessary storage and insurance
costs. EMPLOYEE must present receipts of actual expenses to the City in order to receive
reimbursement.
Section 4.06. Professional Development: EMPLOYER hereby agrees to pay travel and
subsistence expenses of EMPLOYEE for professional and office travel, meetings, and occasions
adequate to continue the professional development of EMPLOYEE and to adequately pursue
necessary official functions for EMPLOYER, including, but not limited to, city attorney
associations and such other national, regional, state, and local government groups and committees
there of which EMPLOYEE serves as a member, provided the City Council has made provisions
for such costs in the annual budget.
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EMPLOYER also agrees to pay tuition, travel, and subsistence expenses of
EMPLOYEE for courses, institutes, and seminars that are necessary for his professional
development and for the good of the City provided the City Council has provided for same in
the annual budget.
Section 4.07. Housing Assistance: EMPLOYEE may elect to receive Housing
Assistance in accordance with the EMPLOYER'S Housing Assistance Program for Appointed
Employees and Department Heads in effect as of the execution date of this Contract, which is
subject to approval by the City Council.
ARTICLE V TERMINATION AND NOTICE
Section 5.01. Termination of Employment and Severance:
a. Subject to the provisions of Section 2.18.110 of EMPLOYER'S Municipal Code,
EMPLOYEE serves at the pleasure of the EMPLOYER and nothing herein shall be
taken to prevent, limit or otherwise interfere with the right of EMPLOYER to
terminate the services of EMPLOYEE with or without cause; provided, however,
EMPLOYER shall take no action to terminate the services of EMPLOYEE within
ninety (90) days after an election at which one or more new members are elected to
the City Council or where the effective date of termination is less than one year and
one day after commencement of the term of this Contract. There is no express or
implied promise made to EMPLOYEE for any form of continued employment.
This Contract and the EMPLOYER'S Municipal Code Chapter 2.18 are the sole
and exclusive bases for an employment relationship between EMPLOYEE and
EMPLOYER.
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b. If the EMPLOYEE is terminated by the EMPLOYER prior to expiration of this
Contract, while still willing and able to perform the duties of the City Attorney,
EMPLOYER agrees to pay EMPLOYEE a single lump sum payment made on the
effective date of termination, in an amount equivalent to nine months aggregate
salary and aggregate medical insurance benefit allowance if there are nine or more
months prior to the expiration date of this contract. If there are less than nine months
remaining the term of the contract, then the single lump sum payment made on the
effective day of termination shall be in an amount equal to the monthly aggregate
salary and aggregate medical benefit of the EMPLOYEE multiplied by the number
of months left on the unexpired term of the Contract. If this Contract is not
renewed, then EMPLOYER shall either provide EMPLOYEE with nine months
prior notice of nonrenewal or shall pay EMPLOYEE a single lump sum payment
made on the effective date of termination in an amount equivalent to the difference
between nine months aggregate salary and medical insurance benefit allowance
computed for the number of months of notice actually given. Any such payments
will release EMPLOYER from any further obligations under this Contract.
Contemporaneously with the delivery of the severance pay herein above set out,
EMPLOYEE agrees to execute and deliver to EMPLOYER a release releasing
EMPLOYER of all claims that EMPLOYEE may have against EMPLOYER.
c. Notwithstanding paragraph (b) above, EMPLOYER shall not be obligated to pay,
and shall not pay, any amounts or continue any benefits under the provisions of
paragraph (b), if EMPLOYEE is terminated for cause or because of a crime of moral
turpitude or a violation of statute or law constituting misconduct in office. Further,
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9
EMPLOYER shall not be obligated to pay, and shall not pay, any amounts or
continue any benefits under paragraph (b), in the event EMPLOYEE voluntarily
resigns or retires without affirmative action by EMPLOYER to terminate, initiate
termination proceedings or request resignation.
d. Any cash settlement received by the EMPLOYEE under paragraph (b) above, must
be fully returned to the CITY if the EMPLOYEE is convicted of a crime involving
an abuse of his office or position.
ARTICLE VI MISCELLANEOUS
Section 6.01. Form of Notices: Notices pursuant to this Contract shall be in writing
given by deposit in the custody of the United States Postal Service, first class postage prepaid,
addressed as follows:
a. The CITY: Mayor and City Council
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
b. EMPLOYEE: Randolph Stevenson Hom
_____________________
_____________________
Alternatively, notices required pursuant to this Contract may be personally served in the
same manner as is applicable to civil judicial process. Notice shall be deemed given as of the
date of personal service or as of the date three days after deposit of such written notice, postage
prepaid, with the United States Postal Service.
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10
Section 6.02. Bonding: EMPLOYER shall bear the full cost of any fidelity or other
bonds required of EMPLOYEE under any law or ordinance.
Section 6.03. Indemnification: EMPLOYER shall defend, save harmless and indemnify
EMPLOYEE against any tort, professional liability claim or demand, or other legal action, whether
groundless or otherwise, arising out of an alleged act or omission occurring in the performance
of EMPLOYEE's duties as City Attorney. If EMPLOYER compromises or settles any such claim
or suit, EMPLOYER shall pay the amount of any settlement, or if the claim results in a judgment
against EMPLOYEE, EMPLOYER shall pay any such judgment. This indemnification does not
apply to any act, action, or omission arising out of the gross negligence, willful misconduct on the
part of EMPLOYEE, or acts EMPLOYEE outside the scope of his duties. Notwithstanding the
above, EMPLOYEE must repay the CITY for any paid administrative leave provided to
EMPLOYEE pending investigations, or any EMPLOYER paid criminal defenses, if EMPLOYEE
is convicted of a crime involving an abuse of his office.
Section 6.04. General Provisions:
a. The text herein shall constitute the entire Contract between the parties.
b. This Contract shall be binding upon and insure to the benefit of the heirs at law and
executors of EMPLOYEE.
c. This Contract may only be modified upon the written consent of the EMPLOYER
and EMPLOYEE.
d. In any action to enforce the terms of this Contract, the prevailing party shall be
entitled to recover reasonable attorney's fees and court costs and other non-
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reimbursable litigation expenses, such as expert witness fees and investigation
expenses.
Section 6.05. Severability: If any provision, or any portion thereof, contained in this
Contract is held unconstitutional, invalid or unenforceable, the remainder of this Contract shall
be deemed severable, shall not be affected, and shall remain in full force and effect.
IN WITNESS WHEREOF, EMPLOYER has caused this Contract to be signed and
executed in its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has
signed and executed this Contract, both in duplicate, the day and year first above written.
ATTEST: CITY OF CUPERTINO:
City Clerk Mayor
APPROVED AS TO FORM:
Renee Sloan Holtzman Sakai on behalf “EMPLOYEE”
of the City
168
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:117-3168 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:10/23/2017 City Council
On agenda:Final action:11/7/2017
Title:Subject: Amend Cupertino Municipal Code 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 (continued from October 17).
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - Map of Proposed 2hr Parking
B - Draft Ordinance
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Amend Cupertino Municipal Code 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 (continued from October 17).
Conduct the first reading of Ordinance No 17-2169: "An Ordinance of the City Council of the
City of Cupertino Amending Section 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".
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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PUBLIC WORKS DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3354 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: November 7, 2017
Subject
Amend Cupertino Municipal Code 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.
Recommended Actions
Conduct the first reading of the Draft Ordinance No. 17-2169: “An Ordinance of the
City Council of the City of Cupertino Amending Section 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”.
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
170
Cost for sign installation and parking enforcement will be absorbed into the City’s
operation and maintenance budget. There is no additional fiscal impact.
____________________________________
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
171
N. Wolfe RoadVallco Parkway Perimeter Road Proposed 2 hour Parking 172
ORDINANCE NO. 17-2169
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.
(every day)
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 published 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:
173
Attachment A
ATTEST: APPROVED:
__
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor
174
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:116-2040 Name:
Status:Type:Reports by Council and Staff Agenda Ready
File created:In control:10/4/2016 City Council
On agenda:Final action:11/7/2017
Title:Subject: Report on Committee assignments and general comments
Sponsors:
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
City Council11/7/2017 1
Subject: Report on Committee assignments and general comments
Report on Committee assignments and general comments
CITY OF CUPERTINO Printed on 11/1/2017Page 1 of 1
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