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02-050 MOU CEA (unsigned)RESOLUTIIJN N0.02-108 A RESOLUTION OF THE CITY COUI`dCIL OF THE CITY OF CUPERTINO AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CITY F;MPLOYEES' ASSOCIATION WHEREAS, meetings have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of the City Employees' Association, the recogni::ed representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these meetings has been recorded in a Memorandum of Understanding to be signed by both parties, which memorandum has been submitted to the City I~ouncil for approval. NOW, THEREFORE, BE IT RESOLVEL- that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and the City Employees' Association. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17~' day of June 2002 by the following vote: VOTE MEMBERS OF THE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk ~~PPROVED: I~~Iayor, City of Cupertino ~fQ-~ MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CLJPERTINO AND CUPERTINO CITY EMPLOYEES' ASSOCIATION This agreement, entered into the 1st day of July 2002, between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino City Employees' Association, hereinafter referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer -Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCRIMINATION City and Association agree they shall not discriminate in any way on account of race, color, creed, religion, sex, age, national origin, p~~litical affiliation, sexual preference, disability, or for Association activity. SECTION 2: SALARY SCHEDULE a. The following approximate monthly salary ranges will apply for each classification effective at the beginning of the pay period in which July 1, 2002 occurs. Classification Account Clerk Administrative Clerk Assistant Civil Engineer Associate Planner Building Inspector Code Enforcement Officer Engineering Technician Environmental Programs Asst. Facility Attendant Office Assistant Assistant Planner 1 Approximate Monthly Salary Range $3582 - $4354 $3797 - $4615 $5379 - $6537 $5231 - $6358 $5544 - $6740 $4487 - $5454 $4574 - $5560 $4605 - $5599 $2727 - $3314 $3034 - $3687 $4854 - $5900 t"t'~ Senior Planner $5609 - $6818 Pro Shop Attendant $2593 - $3153 Producer $3994 - $4855 Program/Promotions Director $3636 - $4420 Public Works Inspector $5544 - $6740 Receptionist/Clerk $2746 - $3337 Recreation Assistant $1954 - $2375 Recreation Coordinator $3636 - $4420 Senior Building Inspector $5924 - $7202 Senior Engineering Technician $4929 - $5991 Senior Traffic Technician $4929 - $5991 Special Program Coordinator $3345- $4066 Traffic Signal Technician $5130 - $6235 Traffic Technician $4574 - $5560 b. The City will perform a compensation (salary and retirement only) survey in 2003 with adjustments, if any, effective July 1, 2003. The following Santa Clara County cities will be used in the total compensation survey. Campbell Los Gatos Mt. View Santa Clara Gilroy Milpitas Palo Alto Saratoga Los Altos Morgan Hill San Jose Sunnyvale c. Comparable classifications must be fou~id in at least six (6) cities for a benchmark classification to be considered. d. The City of Cupertino will place in th~~ top four cities in compensation (salary & retirement) for each benchmark classification. e. Any compensation adjustment for a ben~~hmark classification to place in the top four cities will also be provided to classificatio~~s related to the benchmark as set forth below. 2 ~-(a -(~ Office Assistant Administrative Clerk Receptionist Clerk Rnildin~ inspector Public Works Inspector Sr. Building Inspector C'.od . F,nfor ..m .n (~ffi ..r (Alternate -Building Inspector) Facili Attendant (Alternate -Office Assistant) F,ngin ..ring Technician Sr. Engineering Technician Sr. Traffic Engineer Traffic Technician F,nvironmental Programs Assistant (Alternate -Engineering Technician) SECTION 3: OUT-OF-CLASSIFICATION PAY Associate Planner Assistant Planner Senior Planner Program/Promotions Director (Alternate -Associate Planner) Recreation ~t~ervisor* Recreation Coordinator Special Program Coordinator Traffic Signal Technician (Alternate -Eng. Technician) *Not in representation unit Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular positi~~n, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. SECTION 4: HOURS OF WORK: OVERTIME 4.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in s~~me other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours i~l seven days. 3 ~Q-~ 4.2 (overtime Overtime shall be defined as any work in excess of 40 hours in a seven day work period. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event ~~f unforeseen circumstances, overtime shall be approved after the work is completed. 4.3 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of work will be made after ten days prior notice. 4.4 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage dedu<;tion shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 4.5 Payment of Overtime All approved overtime work performed b~~ employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. W~~rk performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 4.6 C~mnernsate ;Time Off At the employees discretion, compensatory time off may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned compensatory time, ;hall be allowed to schedule compensatory time off at dates of the employee's selection provide: 1) that prior supervisory approval has been obtained, and 2) the request is made in writing. Compensatory time may be accrued up to 80 hours. Any compensatory time earned exceeding 80 hours will be paid in cash at the rate of time and one-half. An employee may exercise his/her option one time each calendar year to convert any/or all accumulated compensatory time to cash. 4 Ka -~ 4.7 T,eave Accn~al~ An employee shall not accrue leave credits (vacation, sick leave) during a pay period if off without pay for more than 40 hours during sai~3 pay period. SECTION 5: P.E.R.S. CONTRIBUTION The City agrees to pay the employee's contribution rate to the Public Employees Retirement System not to exceed 7.0% of applicable salary. SECTION 6: INSURANCE COVERAGE 6.1 Health -Medical Insurance City agrees to pay an amount as set forth hereinfor medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. For each participating employee, the City shall contribute toward premium cost the following amount per month during the term of this agreement: July 1, 2002 - $682.00 Required contribution amounts exceeding; the premium contribution of the City are the responsibility of the employee. In instances where; the premium for the insurance plan selected is less than the City's maximum premium contribution, the difference will be added to the employee's bi-weekly compensation during the first two pay periods of each month. The City reserves the right of selection anti administration as to deferred compensation plan(s). If during the term of this agreement, modifications are made to the Federal tax Code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation. 6.2 Dental Insurance City agrees to pay $74.47 per month for employees and their dependents. 6.3 T.if Tnsnr n . . City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. ~Q -~ 6.4 T,~ng Term nisahilit~ Tnsnrance The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $7,OOOi of covered monthly salary. Employees may us sick leave and/or vacation leave to supplement lo:~t salary during the 60 day elimination period. 6.5 Visicn Care Tn~urance The City shall provide Vision Care Insuraaice for employees and their dependents at a cost of $13.34 monthly. SECTION 7: HOLIDAYS 7.1 Fixed Hnlidavs The City shall provide the following fixed paid (8 Hour) holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Washington's Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Day following Thanksgiving 9. Christmas Eve 10. Christmas Day 11. New Year's Eve 12. Martin Luther King Day When a holiday falls on a Saturday, the preceding Friday shall be observed as the non- work day. When a holiday falls on a Sunday, the ollowing Monday shall be observed as the non- work day. Nothing contained herein shall precludf; the right of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignme~its. 7.2 Flc ing Hclida In addition to the foregoing paid holidays, eligible employees shall earn 20 hours of holiday leave per year that may be used in increments of no less than one hour. Holiday leave shall be taken at the discretion of the employee subject to prior supervisory approval. 6 ~{ a -~D 7.3 Hcliday PaT In order for an employee to receive his/her regular pay for a holiday or designated non- work day, work must be performed on the regular scheduled day before and the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. SECTION 8: TEMPORARY DISABILITY BENI?FITS Any employee sustaining an injury arisin;; out of or in the course of the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability as prescribed by State law. 8.1 T Jse of Sick T,e ve to ~ implement Temnnra not held T)is hili Paym n s Any employee entitled to receive temporary disability payments may elect to supplement such payments with an amount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. 8.2 i Jse cf Sick T,eave fcr Industrial Tn~~ Medical Apncintments An employee who is required to see a I-hysician regarding the injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularl~~ scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period. SECTION 9: VACATION All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisc-ry approval. Benefited full-time employee's accrue vacation in accordance with the following schedule. Benefited employees who work less than afull-time work schedule accrue vacation in accordance with the following schedule on apro-rated basis. Service Time Hr 0 - 3 Years s ~f Accrual Per Pav Period 3.08 4 - 9 Years 4.62 10 - 14 Years 5.24 15 -19 Years 6.16 20 + Years 6.77 Q,nnual Accruals 80 Hours 120 Hours 136 Hours 160 Hours 176 Hours 160 Hours 240 Hours 272 Hours 320 Hours 352 Hours 7 ~1c-~I An employee may accrue no more vacatio~i credit than twice the annual rate being earned. Upon termination of employment, unusE;d vacation may not be used to extend final employment date beyond the annual rate being earned. Represented employees may convert, up to two times per calendar year, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day, maximum exchange will be ten days. All exchanges are irrevocable. 4. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. SECTION 10: SICK LEAVE All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those regular employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Sick leave may be utilized due to the employee's personal illness, injury, maternity or sickness or injury to the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. 10.1 Sick T,eave r;cnver~icn 10.2 Sick leave is not vested under California statutory law. 10.3 At the time of termination, the value ~~f non-vested hours is converted to an incentive compensation bank equal to the employee's base Hourly rate at the time of termination. 10.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 8 `~4 -~ ~- 10.5 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. 10.6 Represented employees will have th~~ option, subject to approval of the department head, of converting sick leave to vacation leave on a two-to-one basis only if the employee's remaining sick leave balance is 40 hours or mere. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. The minimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to- one basis with a maximum of 48 hours and a minimum of 4 hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half of the vacation accrued during thy: previous twelve months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: a. All requests to exchange sick leave; for vacation time shall be submitted in writing to the department head at least fourteen (14) calendar days in advance of intended vacation utilization. b. The granting of such exchange anti subsequent use will be at the discretion of the department head. c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee his not been permitted the use of the converted vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original excha~ige. This exchange will be allowed previously converted only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. d. If an employee, after converting sick leave to vacation time, exhausts all of his/her remaining sick leave due to injury or illness, he/she may make a written request to the department head to re-convert vacation time to sick leave on a reverse ratio basis. Approval will be subject to an assessment by the department head. e. If the employee's vacation accncal exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse; ratio" is intended to mean that the ratio of sick leave to vacation will revert to the original ration at the time the initial exchange was implemented. 9 SECTION 11: SICK LEAVE VERIFICATIO]v A Department Head or supervisor m;~y at their discretion require employees to furnish reasonable acceptable evidence, including a doctor's certificate, to substantiate a request for sick leave if the sick leave exceeds three (3) consecutive workdays. A supervisor may also require a doctor's certificate or other form of verification where leave abuse is suspected. If it appears that an employee i~~ abusing sick leave or is using sick leave excessively, the employee will be counseled th;it the continued use of sick leave may result in a requirement to furnish a medical certificate for each such subsequent absence for sick leave regardless of duration. Continued abuse of leave or excessive use of sick leave may constitute grounds for discipline up to and including dismissal. SECTION 12: FAMILY LEAVE The City of Cupertino will be in complian~~e with State and Federal Family Leave laws. SECTION 13: PERSONAL LEAVE The City shall allow accumulated sick leave credits to be used for medical appointments, to care for children or members of the immediatE; family who because of illness cannot care for themselves, and for medical emergencies. SECTION 14: BEREAVEMENT LEAVE Employees shall be granted paid bereavement leave not to exceed three (3) work days upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, domestic partner, child, step-child, grandparent, grandchildren, mother- in-law and father-in-law. SECTION 15: MILITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees entitled to military leave shall give their supervisor an opportunity within the limits of military requirements, to determine when such leave shall be taken. SECTION 16: PREGNANCY DISABILITY LEAVE A pregnant employee is entitled up to foixr (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. 1G ~~--~ N An employee who plans to take a prel;nancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave. The City will continue to provide health and welfare benefits consistent with the provisions of Section 6 of this agreement until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. SECTION 17: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. SECTION 18: CATASTROPHIC LEAVE a. The City's Catastrophic Leave Committee will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing; the illness. The committee has the right to establish standards for the granting of leave, and ask the applicant to submit further documentation from their physician, and to determine the applicant's eligibility for catastrophic leave. b. All benefited employees who have; passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. c. A recipient must have used all c~f their available leave hours before he/she is eligible. d. The minimum time an employee could receive funds would be one week. The maximum amount is two months (I~TD becomes available at this time). e. Vacation hours and compensating; time off (CTO) hours are the only leave of absence credits which may be do~lated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. f. A leave of absence transfer drive v~~ill be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. Transfers may be in increments ~of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. Donated vacation leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Interest accruing from the bank shall be credited to the time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the Cite. This procedure prevents overpayments or corrections since it comes after the actual le~~ve has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of their regular pay. 11 ~(a-~ 5 An employee or their representative must ~~omplete a prescribed application form together with supporting medical documentation to the 1-Iuman Resources Division when applying for funds. SECTION 19: ABSENCE NOTIFICATION An employee is expected not to be absent from work for any reason other than personal illness without making prior arrangements with hiis/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arr~mged with his/her supervisor. In proper cases, exceptions will be made. Any unauthorized absence of an employee from duty shall be deemed to be an absence without pay and will grounds for disciplinary Diction up to and including dismissal by the department head. In the absence of such disciplinary action any employee who absents himself/herself for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstan~;es are found to have existed. SECTION 20: TRAINING AND TUITION REIN[BURSEMENT It is the intent of the City to recognize the value of training to its employees; and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City; and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for job related training program costs shall provide a written request for reimbursement to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or in,~titution, meeting times and costs. Once a training program has been approvf:d, any employee covered would be eligible for reimbursement for job related training. However.. no employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the training program. SECTION 21: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege; of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. Each calendar year, benefited employees are eligible to receive up to $500 toward City of Cupertino recreation services in accordance with the City's Recreation Buck Policies. Part-time benefited employees will have the annual amount prorated based on number of hours worked. 12 4 ~--~ ~ SECTION 22: DUE PROCESS In each and every instance involving the issuance of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first having been given, in writing the basis for su~~h action being taken and the opportunity to question the reasons therefore of his/her supervisor or department head. Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be removed from the file after three years. SECTION 23: LAYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the lease disruption of service to the City. Unless otherwise prevented from doing so as a result of conditions or situations beyond the City's control, the City will provide a minimum of thirty (30) days notice to any employee subject to being laid off pursuant to the Rule on layoffs. SECTION 24: REINSTATEMENT The names of employees affected by layoff shall be placed on recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Failure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. With the approval of the Appointing Authority, a regular or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for gill purposes, shall be considered as though they had received an original appointment. SECTION 25: CONTINUATION OF BENEFITS All terms and conditions of employmf;nt not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 26: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction over thf; subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. 13 ~a -(~ SECTION 27: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Association until it has been ratified by the ,Association's membership and presented and approved by the City Council of the City. SECTION 28: EXTENDED BENEFITS It is understood and agreed that any more favorable total compensation package agreed to by the City with any other bargaining unit of employees during the life of this agreement will be extended to the Cupertino Employee's Asso~~iation. The more favorable terms will be incorporated into this agreement. SECTION 29: TERM This agreement shall be effective commencing at 12:01 a.m., July 1, 2002 and ending at 11:59 p.m. June 30, 2003. CITY EMPLOYEES' ASSOCIATION Diane E. Arrants Colin C. Jung Gary J. Kornahrens Susan J. MacGowan Chylene L. Osborne Kimberly D. Frey Date: Reviewed by City Attorney Charles T. Kilian 14 CITY OF CUPERTINO David W. Knapp Carol A. Atwood Carol T. Ferrell Sandy Abe Date: Date: ~a ~~~