08. Annual reportOFFICE OF THE CI"rY MANAGER
CUPERTINO
10300 TORRE AVENUE • CUPERTINO, CA 950143255
TELEPHONE: (408) 777-3212 • FAX: {408) 777-33fi6
clavek@cu pertino. org
STAFF P;EPORT
Agenda Item Number
CITY HALL
Agenda Date: September 1, 2009
SUBJECT AND ISSUE
Receive Annual Report from July 1, 2008 to Jur.~e 30, 2009.
BACKGROUND
The attached annual report recounts City activities over the past fiscal year. It is provided for
your information and to create a history of the City's efforts on behalf of our residents.
The City of Cupertino is blessed with engaged residents, generous volunteers, dedicated
commission and committee members, an energetic and talented staff and a City Council
dedicated to improving the quality of life in our community.
In the crush of daily activities, it is helpful from time to time to step back and see just how
much has been accomplished.
RECOIVIMENDATION
Receive Annual Report from July 1, 2008 to June 30, 2009.
Respectfully submitted:
David W. Knapp, City Manager
s-~
~~~
Fiscal Year 2008-09
Presented to the Cupertino City Council
September ~, 2009
a-2
Introduction
The rate of change in the economy and in Silicon Valley will not change soon. Even with the
economic downturn, it is expected that competitie~n in most industries will speed up over the next
few decades. Local governments everywhere will be presented with greater challenges and
greater opportunities, driven by the economy alo~~g with related technological and social trends.
The success of Cupertino during the recent perio+i of significant economic downturn is as much
due to the economic health of local companies a~ i# is to the persistent sense of urgency within
city government. While most cities are cutting services and scrambling to retain staff, Cupertino
remains in a solid position as a community that has retained economic stability, enhanced its
infrastructure and public amenities, and made stri~3es in green initiatives. It is uniquely poised to
move forward on multiple projects as the nation's and state's recovery continue.
While national bankruptcies such as Mervyns and corporate restructuring resulted in key tenant
vacancies, Cupertino also saw the opening of 27 ixew businesses, including Amici's, Red Mango
Marukai, Daiso and Staples. This represents a 35'% increase from last year. Cupertino continues
to be a destination for restaurants. Almost 20 new eateries have joined the ranks of Cupertino's
restaurants, which boast more than 15a choices.
In Cupertino's redeveiapment area, the long anticipated Rose Bowl mixed-use project broke
ground, while Cupertino Square continues to utiderperform. Last year-the mall faltered with
Orbit Resources' foreclosure. Former mall lender Gramercy has taken the reins and has brought
on board the nationally known management company, 3ones Lang LaSalle. The absence of
robust retail at'the mall is the most significant indication of the lack of diversity in city revenues.
Recognizing the .importance of economic health and commercial competitiveness, Cuperkino has
embarked on a number of efforts to further enhance our business environment. Last year's
efforts ranged from adding flexibility to the sign ordinance to doing an overall assessment of the
permit process.
Apprehensions regarding economic uncertaintie;~ have not interrupted the housing concerns
which have become habitual to West Valley residents. Cupertino completed the first draft of the
state-mandated Housing Element, and is moving forward on two significant affordable housing
projects. The Housing Element process was ayear-long effort with significant stakeholder
involvement. For the first time, specific sites were identified for future housing development.
Concurrently, the Council approved affordable :housing projects with Maitri (for transitional
shelter targeted at Southeast Asian victims of domestic violence) and Senior Housing Solutions
(group housing for senior citizens}.
The challenges of the past fiscal year may be unique in their mix and magnitude, but are not
remarkable as our city must solve problems every year. As it has in the past, the city received
many awards this past year, or for work completes: this past year. These include:
8-3
Annual Report FY 2007-OS
September 1, 2009
• The Government Finance Officers Association Certificate of Achievement far Excellence
in Financial Reporting for Fiscal Year Ended 6/30/08.
• The California Society of Municipal Finance Officers Excellence in Operating Budget
Award Fiscal Year 2008-09
• A 2009 Savvy Award from the City County Communicators and Marketing Association
(3CMA} in the Digital Interactive - Website category, for outstanding local government
achievements in communications, public-sector marketing and citizen-government
relationships
• The League of California Cities has presented the City of Cupertino the 2009 Helen
Putnam Award of Excellence in the category of Public Works, Infrastructure and
Transportation, for the design and construction of the Mary Avenue Bicycle Footbridge.
• The National Association of Telecommunications Officers and Advisors (NATOA}
honored the City Channel with an award for its "Community Meeting on Dog Parks"
program.
Individual staff awards and accomplishments include:
• Erin Cooke, Environmental Affairs Coordinator is now a LEED Accredited Professional.
• Crrace Schmidt, Deputy City Clerk, has earned the designation of Certified Municipal
Clerk (CMC}, which is awarded by the International Institute of Municipal Clerks, Inc.
• Jeff Trybus, Code Enforcement Officer, has received the De Anza Optimist Club of
Cupertino, Respect for Law Commendation in gratitude for his service to the community.
The success of the City of Cupertino as aproblem-solving, learning organization is best
demonstrated in a recent poll. which found a satisfaction rating of 94 percent with registered
voters, and with 70 percent rating the city's performance as excellent. The magnitude and
proximity of challenges facing Cupertino prevent complacency, and compel staff to Iook for both
problems and opportunities.
The 20-year-old problem of an uncompleted Caltrans project and the restoration of a 40-year-old
Cupertino City Council vision were both elegantly fulfilled this past fiscal year. Residents, bikers
and hikers were treated to the grand opening of two major Public Works projects, the Mary
Avenue Bridge, and the Blackberry Farm and Stevens Creek Restoration. The public value and
community pride in these two facilities is exceeded only by the Cupertino Library. Blackberry
Farm bears a striking similarity to the library in that its popularity will create ongoing
operational challenges and considerations for staff and Council.
Some of the new problems faced by the city have required new solutions. The creation and hiring
of an environmental affairs coordinator was a difficult decision which has paid enormous
dividends during this time of economic austerity. Our staff has made great strides in helping the
city embark on energy efficiency efforts and secure grant funding to expand these efforts to
residents and businesses in Cupertino. With over a million dollars in grant applications, and over
half a million dollars in grants already approved, the ongoing operational benefits from this work
have already been felt throughout the organization.
As a community of immigrants, change is not something we anticipate, but what we expect.
Even with the economic downturn and state government meltdown, the city is expected to
provide excellent services, efficiently and effectively. Presented with greater challenges and
8-4
J:\City Manager\,Mnual Report1fy09 Annua! Report\Annual Report 2008-09vZ.doc Page 3 of 39
Annual Report FY 2007-08
September 1, 2009
greater opportunities, the city has done remarkably well. There is a tendency to credit the success
of Cupertino during the recent period of significant economic uncertainty to a single company,
project or program. It is our experience that the s~zccess of our city is due to the economic health
of local companies, the vitality of our residents, and to the persistent sense of urgency within city
government.
Last February, Forbes Magazine ranked Cupertino as one of the top five towns in the nation in
which people can "live well." Teamwork at every level of the organization continues to be the
hallmark of our success and effectiveness.
-5
J:\City Manager~Annual Report1fy09 Annual ReportlAnnual Report 2008-09v2.doc Page 4 of 39
Annual Report F1' 2007-08 September I, 2009
Parks and Recreation Department
There are four divisions within the Parks and Recreation Department. They include the Senior
Center, Youth and Teen Division, Sports and Fitness Division, Blackberry Farm/ Quinlan
Community Center/Special Events. The following are highlights from last year.
Administration
The Cupertino Parks and Recreation Department aligns its programs and activities to the
department's vision, mission, values, and outcomes. The department vision is "A Positive,
Healthy, and Connected Community". This vision is what we hope will be the result of our
efforts in our community.
Our mission, or how we will work to achieve the vision is, "The City of Cupertino Parks and
Recreation Department is committed to provide opportunities, resources, and services to the
community to enhance the quality of people's lives through recreational, educational, and
cultural experiences".
The department's core values are Community, Quality, and Trustworthiness.
Our outcomes are:
• Healthy Community
• Creative and Playful Community
• Well Educated Community
• Connected and United Community
• Fiscally Responsible Organization
The department's operating budget for Fiscal Year 2009-2010 is $7,791,018. 70% of our
operating budget is recovered through program fees. We want to increase this cost recovery to
75% over the next four years.
The programs and budget by outcome are as follows:
Healthy Community
$2,890,114
Prograrn examples include Blackberry Farm Goif Course, Cupertino Sports Center, Tai Chi,
Senior Center Blood Pressure and care giver support, Sports and Fitness Lap Swim
Creative and Plateful Community
$1,880,515
Program examples include Summer Camps, Recreational Swimming at Blackberry Farm Park,
Adult Dance, and Play Reading for Fun at the Senior Center
--
$-s
J:\City ManagerlAnnual Report1fy09 Annual ReportlAnnual Report 2(}o8-09v2.doc Page 5 of 39
Annual Report FY 2007-08
Connected and United Community
$1,438,575
September I, 2009
Program examples include Community Service C~unps, Festivals support, Friendly Visitor
Program, Senior Trips, and Senior Case Management
Well Educated Community
$1,244,465
Program examples include Pre-School classes, English as a Second Language classes, After
School Enrichment programs, Summer School, and Personal Computer classes for Mandarin
speakers.
Fiscally Responsible Organization
$337,344
While we expect all of our programs to be operated in a fiscally responsible manner, we have
some programs that we consider fiscally responsible programs. Examples of these programs are:
our volunteer programs, Partnership for Older Adult Education Program, and Leader in Training
program.
Highlights for Fiscal Year 2008-2009
• Working with Public Works, we opened the new Stevens Creek Corridor Trail and
reopened a renovated Blackberry Farm Pa-k
• Partnered with the Cupertino Rotary, De Anza College students, and KaBoom to build
Captain Stephens' Playground in one day
• Initiated lunch time recreation programming at elementary schools
• Initiated a summer school program in partnership with the Fremont Union High School
District
• Created a Leadership and Learning Partnership with De Anza. College's Institute for
Community and Civic Engagement. The Iartnership connects Cupertino Block Leaders
with students and faculty in service learning projects and connects De Ataza student
leaders with Leader in Training summer volunteers
• Extensive multi-cultural programming at the Senior Center including special international
lunch programs, computer classes in Mandarin, exercise classes including yoga, line
dancing, and tai chi
• Helped organize and manage special event; such as the Diwali Festival, Fall Festival, Big
Bunny Fun Run, 4~' of July activities, and :Breakfast with Santa
• Offered Summer Concert Series, Cinema at Sundown, and Shakespeare in the Park
during the summer
• Facilitated the community discussion on ofl" leash areas for dogs
• Initiated a community service summer camp for teens
• Fifty-one 14-16 year old youths volunteered in this summer's Leader~in Training
-~
J:\City Manager\Annual Report\fy09 Annual ReporilAnnual Report: 2008-09v2.doc Page b of 39
Annual Report FY 2007-08 September 1, 2009
Sports Center Membership topped 2,000
Fiscal Year 2009 - 2010 Projects
• Continue to facilitate the community discussion on off leash areas for dogs.
• Work with Santa Clara County Parks and Recreation to build a fenced in dog park at
Stevens Creek County Park
• Work with Public Works and the Stocklmeir Task Force to design the Stevens Creek
Corridor Trail Phase 2
• Evaluate the first year of Blackberry Farm operations and make adjustments as needed
• Work with Public Works to clean up the Simms property including improved signs and to
determine the cost of removing the house and turning the land into a nature preserve.
• Reopen a renovated ball field at Memorial Park
• Complete the new tennis court lights at the Cupertino Sports Center
• Kick off the Helping Hands volunteer program to keep McClellan Ranch, Stevens Creek
Corridor Trail, and Blackberry Farm Park clean and free of invasive plants. .
• Expand summer school offerings for high school students
• Work with Public Works to turn the Quinlan Fountain into the Quinlan Plaza.
• Continue to grow the multicultural activities at the Senior Center
• Work with Public Works to complete the new SterlingBarnhart Park including
consideration of another playground partnership with KaBoom
Parr and Recreation Commission
The Commission consists of five members appointed by the council to four-year, overlapping
terms. The Commission advises the City Council on municipal activities in relation to parks and
recreation, including park site acquisition and development, ,recreation program policy, and
expansion of the park program as development occurs.
In June 2008, the Commission also began studying options for anoff-leash dog policy. In
October 2008 and February 2009, the Commission and Staff, facilitated a community discussion
on off-leash areas for dogs. In April 2009, the Commission gave their recommendations to the
City Council.
McClellan Ranch Park
The completion of the first segment of the Stevens Creek Trail and the addition of park benches
along the trail has given the community new ways in which to enjoy the nature preserve. Some
of the department's naturalist programs at McClellan Ranch were reduced due to the
construction activities, yet more than 1,900 elementary school cl2ildren participated in the creek
education program, 360 preschool and kindergarten students, 210 Monta Vista High School
students and 100 De Anza College students participated in naturalist-led programs. For the
preschool and kindergarten groups the visit to the newly constructed pole barn was one of the
highlights of their field trip.
- -_
s-$
7:\City Manager\Annual Reportify09 Annual ReportlAnnual Report 2008-09v2.doc Page 7 of 39
Annual Report FY 2007-08
September 1, 2004
The Rolling Hills 4-H Club, UC Cooperative Extension Master Gardeners, and the Santa Clara
Valley Audubon Society continue to be valuable partners to the ranch experience. The Santa
Clara Valley's Wildlife Education Day attracted 600 participants to their annual event. The
Community Garden program remained popular with over 68 plots reserved and a waiting list for
new gardeners. The naturalist continues to work vlith volunteers on park improvement and
restoration projects.
A task force met to discuss plans for the western addition to McClellan Ranch Park sometimes
referred to as the Simms property. They discussed a variety of restoration projects and
educational activities appropriate for this property.
uinlan Communi Center
There were 272 Quinlan Community Center rentals in the Last fiscal year, generating $90,370.
Community Hall had 127 rentals, generating $27,195. Conference Room 100 had 44 rentals,
generating $1,417. The 98 rentals for Memorial Park facilities generated $6,659. Linda Vista
Park was rented 66 times, generating $4,220. Ancl 60 rentals for Portal Park produced $3,565 in
revenue.
Other special events include: Cherry Blossom Festival, World Journal Festival, FaII Festival,
Diwali Festival, Ikebana and the Iranian Federated Women's Club.
Summer events at Memorial Park included: CinE~ma at Sundown, Summer Concert Series and
Shakespeare in the Park.
Senior Center
This area provides services for people aged 50 and over, including recreational activities, social
services, educational programs and information on health insurance, immigration, housing, and
other issues of interest. The Senior Center annual membership is at 2243 members. Aging Baby
Boomers (50-62 year olds) make up 24% of the membership. The Junior Mature group {63-71
years old) makes up 31% of the membership and the Senior Mature group (72 years plus) makes
up 45% of the membership.
Educational Programs and Recreational Activities
More than 56,600 senior participants attended classes; socials, special events, and trips offered
by the Senior Center.
Services for Seniors
The purpose of the Case Management program is to connect seniors with community resources
that can help them remain independent and safe at their own home. The Case Manager has
provided services to 90 homebound seniors.
There were seven Friendly Visitors visiting homebound seniors once a week to provide
socialization, monitoring, and safety checks. This .group of volunteers recorded an estimated 450
hours. Telephone Monitor program volunteer continue to call homebound and afi risk seniors to
provide safety checks.
-s
J:\City Manager\.Mnual Report\fy09 Annual ReportlAnnuat Report 2008-09v2.doc Page 8 of 39
Annual Report FY 2007-08
September 1, 2009
Senior Adult Legal Aide serves 180 seniors annually. Health Insurance Counseling and
Advocacy Program provides assistance at the senior center twice per month, and Housing
Consultation program continues to be well utilized. There are also four volunteer registered
nurses who rotate to come to the senior center weekly and provide free blood pressure checks to
over 480 seniors annually. Caregiver Support Group is held once per month.
Volunteers
The Senior Center greatly benefited from 230 Senior Center member volunteers. The different
opportunities for volunteers include front desk, translation and interpretation, hosting,
instruction, kitchen crew, performing groups, newsletter, special events, and social services.
These volunteers logged 15,673 volunteer hours this year.
Sports and Fitness Division
The Sports and Fitness Division includes the operation of the Cupertino Sports Center. This past
year, 7,500 tennis lessons were given to youth and 1,000 lessons to adults. The Sports Center
enjoyed a successful year offering a variety of fitness classes and team programs. Revenue
generated was in excess of $1,650,000. The Summer Learn to Swim Program provided
instruction to approximately 1,900 participants during the summer with revenue of $102,000.
There were 2,000 participants in the youth gymnastics classes.
There were over 5,000 youth participants and 200 adults in the sports-related contractual classes.
The Monta Vista Recreation Center continues to be utilized by many co-sponsored clubs,
gymnastics classes and pre-school classes.
In April 2009, the Big Bunny Fun Run had over 400 participants and this year, was nominated
for the Governor's Council on Physical Fitness and Safety Committee Award and the winner will
be announced in mid-September.
BIackberry Farm Golf Course
The contractual maintenance of the golf course continues to be outstanding with many customers
expressing their satisfaction on the condition of the course. TZle golf course accommodated over
49,000 rounds of golf last fiscal year generating over $630,000.
Youth/Teen Division
Summer Camps
Currently, the YouthlTeen division offers Semployee-run carne programs for youths, 18 mo-12
years. Summer 2009 had 744 participants enrolled in the camp programs, which have
generated $139,866 in revenue, which is a 29% revenue decrease from Iast year. Staff is
evaluating current program offerings and will make adjustments to increase revenue in 2010.
The city offers a variety of contractual camps in addition to our staff run camps. The contractual
camps had 717 participants and generated $153,431 in revenue.
Playground Program
There were 102 youths registered for the drop-in playground program, which is offered at three
playground sites: Creekside Park, Portal Park, and Memorial Park. This is the sixth year in
which a registration fee is being charged for residents and non-residents to participate in this
8-10
J:\City Manager\Annual Report\fy09 Annual Report\Annual Report 2008-09v2.doc Page 9 of 39
Annual Report FY 2007-OS
September 1, 2009
program. $13,450 has been generated in revenue in 2009, which is down by 9% from 2008.
Subsidized special event programs that are offered to our camp and playground participants
include the annual Country Fair, AlmostAnything- Goes, and the annual Playground Challenge.
After School Enrichment Program
The Afterschool Enrichment program offered classes in the areas of: art, music, foreign language,
science, karate, sports, dance, chess, math, theater, public speaking and debate. -The total number
of participants for the year was 1366. The total annual revenue generated for the program was
$223,269.
Teen Programs
The Teen Center has maintained its level of service and to date (thru 8/4/09} there are 525 teens
registered at the Teen Center. Activities a# the center include: air hockey, Play Station
2/Nintendo Wii games, Foosball, pinball, movies, pool, and a computer lab composed of 5 PCs.
Middle school dances continue to be offered throughout the school year. In the spring, the Teen
Commission hosted their second high school dance, "True Blue" with 479 attendees. This tops
last year's dance as the largest city sponsored higl:~ school event to date. The Commission also
worked in partnership with West Valley Community Services to gather holiday gifts for local
teens for the second year.
In 2009, the summer Leader in Training Program had 51 participants, an increase of 13% from
2008. An all-day teen camp, Club 2009, was offered during the summex-the first time since
2004. Cupertino Parks and Recreation Department and Fremont Union High School District
partnered to offer a College Planning Workshop for high school students, which had a total
enrollment of 187 students.
Preschool Programs
The Parent-Tot preschool program is offered each weekday at Portal Park for children ages 18
months-4 years. This program is designed to prepare parents and toddlers for an independent
preschool program. There were 245 participants who enrolled in this popular program that
generated $26,591 in revenue.
The Preschool program is offered to 3-5 year old students at two locations: Quinlan Community
Center and Monta Vista Recreation Center during the months of September-June. Kindergarten
readiness activities are included in the curriculum: arts and crafts, music, motor movement,
science and nature, group games, sharing, cooking and more. The Preschool program serves an
average of 140 students per session. Students generally register for all three sessions during the
school year and the program generated $234,500 in revenue.
-17
J:\Cih~ ManagerlAnnuat ReportUy09 Annual ReportlAnnual Report 2008-09v2.doc Page I0 of 39
Annual Report FY 2007-08 September 1, 2009
Public Works Department
The Public Works Department provides services in three program areas:
^ E~ineerin~: general municipal engineering of infrastructure, traffic engineering and signal
systems operations and maintenance for SS fully actuated traffic signals, architecture, and
development review.
^ Capital Improvements: completion of the design and construction of approximately $30
million of capital projects including the Mary Avenue Pedestrian Footbridge, Stevens Creek
Corridor Project which included work at Blackberry Farm and McClellan Ranch, some Park
renovations and other like facilities; also completed this year was an increased effort in Street
maintenance projects of over $S Million. Several traffic signal modification projects, and a
number of facilities upgrades that had been deferred for several years, including the retrofit
of a filtering system for the Community Hall fountain are other highlights of the Capital
Improvement Program (CIl') in 2008-2009.
^ Environmental Management: management of environmental programs including the $7.0
million annual solid waste contract, storm water runoff permits and recycling of waste
materials.
Currently there are five managers and 10 staff professionals responsible for these three programs
and their workloads.
In addition, the Department operates the Municipal Service Center and provides maintenance
services through four Divisions associated with:
^ Facilities: maintenance of all city owned facilities including such major buildings as City
Hall, the Library, Quinlan Center, and the Senior Center, along with the Creekside, Monta
Vista and Wilson Park Recreation Centers and other minor facilities.
^ Grounds: maintenance of all parks and grounds, including Memorial -Park and ten
neighborhood parks, as well as 52 acres of school playgrounds and related facilities.
^ Streets: maintenance of all streets, facilities and equipment in the public right of way,
including almost 4S0 lane miles of public streets, all sidewalks, curbs, gutters, signs and
markings, the storm drain system, over 13,000 street trees and approximately 32 acres of
median and overpass landscaping.
^ General Services: maintenance and installation of over 3,250 streetlights, 1SS pieces of
motorized or wheeled equipment, 200 power tools, the maintenance of the entire service
center yard including storage of materials and hazardous waste and material disposal.
Capital Improvement Program (CIP)
In implementing a $30 Million aggressive CIP program, the Public Works staff, working with
the other departments and a team of consultants, has completed the construction of the Mary
Avenue Pedestrian Footbridge. The first construction project for the clearing, grading and
security fences was completed earlier in 2006. The project was bid in May of 2007 and the high
bids received required a complete re-evaluation of the project scope resulting in a redesign into a
structural steel bridge.
8-12
J:\City Manager~Annual Report1fy09 Annual ReportWnnual Report 2008-09v2.doc Page I 1 of 39
Annual Report FY 2007-08
September 1; 2009
The steel bridge was bid in September 2007 and, with the aid of an additional $3.35 Million in
funding from the VTA, the project costs after bidding was $14.8 Million, a savings to the city of
almost $7 million below the concrete design. The; bridge was completed and opened an Apri130,
2009.
The Stevens Creek Corridor and Blackberry Farm Project was completed on schedule and
opened to the public on July 4, 2009.
As noted above the street maintenance capital program completed over $5 million in street
overlays, pavement and curb, gutter and sidewalk repairs in 2008-2009.
- -- -13
J:\City Manager\Annual Report1fy04 Annual Report\Annual Report: 2008-09v2.doc Page l2 of 39
Annual Report FY 2007-08 September 1, 2009
Community Development Department
The Community Development Department is responsible for the long range and current planning
functions of the city. The Iong-range planning function prepares the city's General Plan, which is
the city's "blueprint for growth." The comprehensive General Plan review started in 2001 and
the final plan was approved by the city council in November 2005 after conducting extensive
public input. The long range planning function also prepares specific plans such as the Heart of
the City Plan; guideline documents such as the Monta Vista Design Guidelines and the
Crossroads Streetscape Plan; and zoning ordinance updates such as the Rl (Single Family)
Ordinance. The collection of long-range planning documents establishes the policy structure
directing growth and change in the city. The current planning function implements the long-
range policy structure through design and land use reviews of proposed development
applications. The department also performs Redevelopment Agency and Economic Development
functions and prepares the city's Community Development Block Grant Program.
The department encompasses the Building Division, which provides plan check and inspection
services for all building activity and issues building permits upon determining compliance with
building codes and land use approvals and ordinances. The Community Development
Department provides daily front counter, telephone, and Internet coverage for direct business
questions and general information services relating to planning and building inquires.
The department directly .supports six coirunittees and commissions including the city council,
Planning Commission, Design Review Committee, Housing Commission, Environmental
Review Committee, and the Economic Development Committee. Additionally, the department
supports other departments by providing development and environmental reviews for city
initiated projects such as the library and community hall, the Mary Avenue Bicycle Pedestrian
Bridge, the Stevens Creek corridor project and the Capital Improvement Program.
PIannin~, Commission
The Planning Commission consists of five residents appointed to alternating four-year terms by
the city council to hear and make recommendations on all advanced planning policy documents
and current planning applications described in the following sections. The five members
currently include Chairperson: Marty Miller, Vice Chair: Lisa Giefer, Commissioners: Jessica
Rose, Paul Brophy and David Kaneda.
Current Plannin~/Development Reviewv
The current planning function coordinates review of major projects such as the Oaks Shopping
Center and the planned mixed-use development at Main Street Cupertino, and communicates and
implements all city development-related policies to help build a strong sense of community, such
as encouraging walk-ability and providing visible exterior activity such as outdoor dining areas.
The current planning function also assists with zoning code enforcement for illegal uses or
failure to comply with conditions of approval. The number of current planning applications
decreased 15% from 217 lasfi year, to 184 applications this year. This includes residential design
review of 40 single-family residences.
s-ta
J:\City ManagerlAnnual Report1fy09 Annual ReportlAnnual Report 2008-09v2.doc Page 13 of 39
Annual Report FY 2007-08
September I, 2009
The Planning Division worked on the following major projects:
^ "Main Street Cupertino": Mixed-use project ~?ropasai and environmental study of 17.4 acre
site at Stevens Creek and Finch to include lifestyle retail, hotel and fitness club, offiice space
and senior/age restricted housing
^ Cupertino Village expansion: Approval of 25,000 square foot retail, and 54,000 square foot
parking garage
^ Marketplace Shopping Center: Construction ~~f 34,000 square foot retail building, and tenant
improvements for Yogurtland, Beard Papa, Marukai Grocery Store, and Daiso
^ Oaks Shopping Center: Approval for 122-room hotel and 51,000 square foot mixed use
building
^ Cupertino Square: Design refinement of 46,000 square foot new retail space at Vallco
Parkway and Wolfe, construction of new food. court, completion of exterior painting, and
redesign of entrances
^ Rose Bowl: Design refinement of mixed-use project
^ New Restaurant Amici's, and renovations at Benihana, Park Place, and T.G.I. Friday's
^ Cupertino Landing: Completion of 3-story, 60,000 square foot office building
^ 10900 Tantau: Construction of 102,000 square foot office building
^ Oak Park Village: Completion of 46 unit condominium project at De Anza/280
^ Adobe Terrace: Completion of 23 unit mixed use project on Stevens Creek Boulevard and
retail tenants Max Muscle and Alexa Eyeweax
^ Villa Serra: Approval of 116 unit apartment project
^ Wolf Camera: Completion of 20 unit mixed use project
^ Rockwell Homes: Completion of 15 town homes
Long Range Planning
Planning staff worked on the following proj ects related to Long term planning;
^ Initiated a limited review of the R1 Ordinance relating to the 1St/2"d floor ratio to achieve
greater architectural diversity
^ Completed the North Vallco Master Plan
^ Conducted a review of Green Building Standards, including the implementation of a
voluntary checklist for all residential projects
^ Worked with Sand Hill Properties to develop the South Vallco Master Plan
^ Amended the Temporary Sign Ordinance to create design standards in conjunction with more
business friendly timeframes for banners and A-frame signs
U date of Hausin Element of the General Plan
The city began updating the General Plan Housiazg Element in February of.2008 and estimates
adopting the new Housing Element in September 2009. In accordance with State Iaw, California
cities must have an adopted General Plan which. must .contain a Housing Element. While all
elements of a General Plan are reviewed and revised regularly to ensure that the plan remains
current, state law requires that the Housing Element be updated every five years. The current
Housing Element was adopted by the City Council and certified by the State in 2001 and was most
recently amended by the City Council as part of the comprehensive General Plan update on
Noverxiber 15, 2005.
The draft document under review shows the city's plan to accommodate the Association of Bay
Area Government's (ABAG) Regional Housing 1`deeds Allocation (RHNA) of 1170 units. In
-15
J:1City ManagerlAnnual Report~fy09 Annual Repor#~Annual Report 2008-09v2.doc Page I4 of 39
Annual Report FY 2007-08 September I , 2009
June 2009, the City Council authorized staff to submit a draft Housing Element to the California
Department of Housing and Community Development for review. Comments are expected back
from the State in late July or early August 2009.
C_o_mmunity Development Block Grant (CDBG? Pros~ram
The City of Cupertino is entering its seventh year as an entitlement city under the Community
Development Block Grant Program. The city receives its entitlement grant directly from the
Department of Housing and Urban Development, although the city continues to coordinate with
the Urban County and the other entitlement communities in the County of Santa Clara.
For the 2008/09 fiscal year, the city's entitlement will be $390,930. In May 2009, the City
Council awarded funds to CDBG sub-recipients. The funds will used to support public service
activities such as senior adult day care, legal assistance for seniors, housing placement for the
low and very-low income, and a rotating homeless shelter.
Housing Pro>;rams
The Planning Division focused on the following housing-related programs:
^ Implemented the 2008/2009 Community Development Block Grant (CDBG) Program
^ Adopted the CDBG Citizen Participation Plan
^ Awarded CDBGsub-recipient grants for the 2009/10 program year
Redevelopment/Economic Development
The Community Development Department houses the new position of Redevelopment/Economic
Development Manager.
Facilitation of projects at Cupertino Square continues to be a high priority. During the 2007/2008
fiscal year, ownership of the mall changed hands with Orbit Resources assuming the majority
share of the mall asset, and Evershine/KCR purchasing the Rase Bowl; and the housing/hotel
outparcels on either side of Wolfe Avenue adjacent to Highway 280. Orbit completed many
important infrastructure projects that have contributed to the functionality and aesthetic value of
the mall. These projects include new signage, exterior painting, and new mechanical systems.
Orbit also made great strides in leasing with the addition of Zales, several food court tenants, and
the Hoffbrau House. Currently, many of these projects are on hold due to a legal dispute between
Orbit, and their lender Grammercy. Orbit has filed chapter 11 bankruptcy in hopes of
repositioning themselves, and avoiding fozeclosure. New entertairunent anchors AMC Theaters
and Strike Cupertino continue to be very successful.
Redevelopment activity awaits more substantial tax increment dollars. In the meantime, outside
counsel has been retained to advise on issues as they arise. Cupertino is now compliant with SB
53 requirements (stating policy on eminent domain) and is an active member of the California
Redevelopment Association. Accomplishments for 06-07 were submitted to the State
Controller's Office. A summary of key economic development accomplishments for 2007-2008
are as follows:
8-16
J:\City Manager\Annual Report\fy09 Annual Report\Annual Report 2008-09v2.doc Page 15 of 39
Annual Report FY 2007-08
September 1, 2009
Retail Recruitment/Retention
^ Extensive facilitation of 20 new retail leases -some of which were recruited through this
position, including Amici's
^ Assisted several businesses with grand openings, including Whole Foods
^ Developed Cupertino Demographics Package which can be downloaded from the website
^ Created Cupertino Restaurant Association and developed dining brochure
^ Secured Buxton Study on Cupertino Retail Tr~ide Area and Customer Profile
^ Advised on Furniture 2000 project
Development Facilitation
^ Assisted with sale of HP Property at Stevens Creek & Finch -over 30 developer meetings to
discuss development parameters
^ 10900 Tantau construction, purchase of 10201 Tarre Avenue, Results Way renovation
^ Had over 300+ meetings/contacts with the real. estate industry regarding Cupertino
^ Advised on 10+ retail center expansion projec~:s and tenant build-outs
Branding/New Business Outreach
^ Created new Economic Development Brochur~~ and Marketing Package -partially funded by
PG&E Economic Development Grant
^ Enhanced Economic Development website presence
^ Produced "Cupertino Commercial News" - is"ued quarterly, circulation is over 700.
^ Fielded numerous media inquiries for Mercury-News (including 2/08 article on Cupertino
Square), Business Journal, Cupertino Courier, and various real estate publications.
^ Frequent guest speaker/panel presenter in the Real Estate industry, including
o Silicon Valley Commercial Real Estate: Women (Economic Development Panel).
o Chinese Realtor Association
Development Policy
^ Lnitiated Temporary Sign Ordinance Amendment to encourage well designed, pedestrian
oriented signage
^ Facilitation of AT&T interface on cell phone coverage issue
^ Advised on Heart of the City
Regional & Community Coordination
^ Silicon Valley Economic Development Alliance (SVEDA)
^ NOVA Connect Center
^ Cupertino Rotary and Chamber of Commerce -
Economic Vitality
^ 136 New Business welcome packages in 2007
^ Oversight of Housing and CDBG Programs
^ Helped numerous businesses with specific needs/issues (Strike Cupertino bus layover issue,
Symantec corporate event permits, etc.}
^ Pursued support of on-site catering for city events (music, movies, and Shakespeare)
^ Facilitated Cupertino event venues for the following visiting delegations:
o USA Water Polo National Jr. Olympics (pool use and social events)
o Kuchipudi Dance Convention at De Arcza College
-17
J:\City Manager\Annuak Report1fy09 Annual ReportlAnnual Report 200$-09v2.doc Page 16 of 39
Annual Report FY 2007-08
September 1, 2009
Building Division
^ Building staff processed and plan checked 2,174 building permit applications compared to
2,347 in 2007/08 (a slight decrease of 7 %).
^ The Building Division conducted 20,156 building inspections in 2007/08 compared to 24,763
in 200b/07. This decrease is primarily. due to the completion of some larger residential
project.
^ Building valuation was $166 million in FY 07/08 down considerably from the previous year,
again reflecting completion of some major projects as well as the effect of the current
economy.
8-18
1:1City ManagerWnnual Report1fy09 Annual ReportlAnnual Report 2008-09v2.doc Page 17 of 39
Annua# Report RY 2007-08 September 1, 2009
Sheriff s Department
The principal mission of the Sheriff s Office West Valley Division is to protect life and property.
The Sheriff's Office is dedicated to the preservation of public safety by providing innovative and
progressive services in partnership with the community.
Criminal Activity
In FY 08/09, the City of Cupertino experienced a 10% decrease in crimes against persons.
The decrease in the number of overall reports of crimes against persons is due in part to the
increased efforts put forth to involve and make ttite community aware of circumstances that help
to protect themselves against these types of incidents occurring. The Sheriff's Office has made a
greater attempt to work with students and schools to provide additional awareness and education
and help resolve and prevent opportunities for criminal behavior. It is the participation of a
number of groups within the community that have been especially helpful in preventing crimes
against persons. The programs and education provided by the School Resource Officers and the
School Enforcement Deputy are believed to have ;greatly contributed to the decrease as well.
Person Crimes FY 07/08 FY 08/09 Change Percent Difference
Homicide 0 1 +1 100% Increase
Rae 4 3 -1 25% Decrease
sault 61 57 -4 7% Decrease
Robbe 17 13 -4 24% Decrease
OTALS 82 74 -8 10% Decrease
There was a 24% decrease in robberies. It is difl icuit to determine the cause of the decrease in
robberies, but we have once again increased the training being provided to banks and businesses
located within the city limits. We are currently providing training on the recognition and the
appropriate actions to take when a robbery has occurred, and to help prevent becoming a victim
of a robbery.
Property Criares
In FY 08/09, property crimes (burglary, theft, auto theft, and identity theft) showed a 6%
decrease overall. Identity theft was the only property crime this year that increased. There was
an increase of 13% in identity theft incidents. Taus is actually a testament to the visibility and
proactive approach being taken by the Sheriff's Office. Due to recent economic trends, property
crimes knave been on the rise in almost all cities throughout the county. Cupertino is
experiencing its share of property crimes, but the trend, as shown below, has not been
tremendously out of the norm from recent years. Identity theft is still the unknown crime that
has a number of outside influences that make it especially difficult to prevent. The Sheriff's
Office has made many efforts to provide education on ways to better secure your identity, and
preventative measures to be taken at both home, sand out in the community. We are hoping that
further educational opportunities and involvement of the community will help to bring the
number of identity theft incidents down over the next couple of years.
-s
J:1City ManagerlAnnual ReportUy09 Annual Report\Annual Report 2008-09v2.doc Page 18 of 39
Annual Report FY 2007-08 September 1, 2009
Pro a Crimes FY 07 08 FY OS 09 Chan a Percent Difference
Bur la 513 511 -2 0.3% Decrease
Theft 349 281 -68 19% Decrease
Auto Theft 52 51 -1 2% Decrease
Identi Theft 108 122 +14 13% Increase
TOTALS 1 022 965 -57 6% Decrease
There were a number of residential and auto burglaries throughout the year. The numbers went
down marginally. The Sheriff's Office continues to be proactive in their efforts to be visible in
residential and commercial areas. Detectives have continued to actively pursue incidents that
have occurred and several arrests have taken place. The economy has contributed to these types
of incidents since property crimes are primarily crimes of opportunity and need. The Sheriff s
Office will continue to work with the community on educational programs to help protect
residents from becoming a victim of these types of incidents.
Traffic Activity
In FY 08!09, there were 767 traffic accidents. This is an increase of 5 collisions from the
previous year. The traff c units have consistently worked to address accident related violations
throughout the city, with a special concentration around the schools. Yet, there was still an
increase in the number of accidents, with the greatest increase in injury related accidents. There
was an effort made this fiscal year to address more red light violations and speed citations near
schools. These efforts were supported with grants that were obtained to put out additional units
to provide the directed enforcement.
The overall citations issued increased by 498. There were efforts to enforce the new vehicle
code violations for cell phone use. This accounts for a large part of the increase in citations,
especially in the area of non-moving violations. Cell phone violation citations do not count as a
moving violation for DMV. We did obtain an additional grant this year to conduct speed
enforcement which produced an additional 220 citations for speeding.
Traffic Collisions FY 07/08 FY 08/09 Change Percent Difference
Fatal 2 100% Decrease
n'ury 112 28 16 4% Increase
Properly Dama a 30 28 2 % Decrease
OTALS 44 56 12 % Increase
edestrian Involved Accident 3 3% Decrease
i cle Involved Accident 1 6% Decrease
OTALS 8 1 7 9% Decrease
Traffic Citations Issued FY 07/08 FY 08/09 Change Percent Difference
Moving Citations 431 154 277 % Decrease
peed Citations 102 222 220 10% Increase
!Von-movin Citations 792 ~ 547 7S5 16% Increase
OTALS 4,325 4,823 498 % Increase
-o
J:\City Manager\Annual Report\fy09 Annual Report\Annual Report 2008-09v2.doc Page 19 of 39
Annual Report FY 2007-08 September 1, 2009
Response Times ("Y 07/08 FY 08J09
vg Time of Calls vg Time of Calls
Priori 1 .10 167 .52 125
Priori 2 .97 254 .76 090
riority 3 17.12 132 .23 332
Overall vg 10.6 10,553 vg 6.17 10,547
The Sheriff s Office responded to 10,547 calls for service during FY 08/09. This was a decrease
of 8 calls for service. We have continued to strive: to meet our goal of five minutes for Priority 1,
nine minutes fox Priority 2, and twenty minutes for Priority 3 calls. As can be seen from the
above numbers, we came in weii under the goals set for priority 1, 2 and 3 calls for service. The
additional units that have been out assisting to enforce the number of property crimes and
maintaining visibility in residential areas has helped to reduce response times. Captain
Calderone adjusted the schedules of units in Cupertino to provide these exceptional response
times. We have met and exceeded our goals a:~tablished with the city for response times by
142% for Priority 1 calls, 156% for Priority 2 calls, and 216%. for Priority 3 calls. The Sheriff s
Office prides itself on self-evaluation, and this has helped to improve response to the needs of
the city.
Other Activities
The Sheriff s Office applied for, and received, three grants from the California Office of Traffic
Safety (OTS). One grant funded the overtime costs to operate Driving Under the .Influence
Patrols (DUI Enforcement Patrols) in July 2008, December 2008, and May 2009. The DUI
Patrols were put out to assist in the City of Cupertino in locating drivers under the influence.
The use of additional patrol units to enforce DCJI violations has proven more productive for
enforcement purposes then did the checkpoints pr+:viously used.
The second grant that we received was to perform "Speed Violation" enforcement. We spread
this out over three sessions, and performed directed enforcement in Cupertino for these
violations. The traffic units from Cupertino and Saratoga were used on overtime to enforce the
violations in Cupertino.
The final grant that we received was used to enforce "Red Light Violations" in the city. Again,
we put out a number of positions on Overtime to provide red light enforcement.
lip July 2007 West Valley Patrol implemented a ne:w approach to enforcement of various criminal
activities taking place throughout the city. Del:ectives and Patrol deputies put forth a more
cooperative effort in the investigation of cases to reduce the case load for detectives, and increase
the involvement of deputies familiar with circumstances in the field. The result of the new
approach that was implemented has continued to provide the city with a high number of property
related crimes being resolved. Not only are the crimes being resolved with suspects axrested and
prosecuted for the crimes committed, but items of property valuable to the residents of the city
have been returned. Last year detectives returned a higher number of items to victims then in
previous years. We continue to work toward the resolution of more incidents, and hope to
continue along the same path this year.
- 1
J:1City Manager\Acuwal ReportUy09 Annual i2eport\Annual Report 2008-09v2,doc Page 20 of 39
Annual Report FY 2007-08 September 1, 2009
The Mock Robbery program has continued for the banks, and other commercial businesses in the
city. A training program was set up, and a team of deputies went out to banks, as well as a few
commercial retail stores, and made contact with the managers. Training was then completed at
several different banks in the city to better prepare them on how to react during this time of stress
and confusion. The training has been very well accepted, and we continue to offer the program
to those that have not participated.
Department Programs
The two School Resource Officers continued their involvement in youth programs aimed at
education, prevention, and intervention. These deputies have also worked closely with school
officials in offering assistance and guidance. They participated in the Teen Academy, School
Attendance Review Board (BARB), Every 15 Minutes Program, Code Red Training, DUI Court,
Juvenile Diversion Program, Sober Graduation, and Mentor Program.
The School Resource Officers provided presentations on the following: Bully and Respect, 9-I -1
Protocols, Drug Awareness, Red Ribbon Week, Stranger /Danger, Youth Violence Prevention,
Zero Tolerance, Bicycle Safety, and Internet Safety. Over 12,000 Cupertino students
participated in these presentations.
The Sheriffs Office worked closely with the management at Cupertino Square to establish a
combined effort toward enforcement both within the mall, and around the perimeter. The efforts
have included training, meeting with security staff, and providing both Sheriffs Office and
Security unmarked enforcement in the parking structures to help resolve a number of auto
burglaries and auto thefts that had taken place at the mall. These combined efforts have reduced
the number of auto related thefts and burglaries. We will continue to build on this working
relationship during the upcoming year.
In May 2008, Council had allocated $49,000 toward directed enforcement around schools in the
city, as well as $32,700 toward a traffic study on safety concerns around schools and throughout
the city. As a result, the Sheriffs Office provided additional enforcement around many of the
schools this year. The additional enforcement was well received by school staff and residents. It
helped to relieve some of the congestion in the area, educate drivers on safety concerns, and
provide a safe environment for students to walk or bike in school areas. We hope to continue
much of this effort again this coming year since it was so effective.
A Traffic Consultant was used to identify several safety concerns around schools. As a result,
there were several concerns that were brought back to Council in dune 2009, and Council asked
that the city traffic engineer look into the concerns to see what, if any, changes could be made to
improve the safety for both vehicular and pedestrian traffic in the areas outlined.
The Sheriff's Office developed and provided a number of directed enforcement actions this past
year to help with the notable safety concerns for motorists and pedestrians in crosswalks. The
traffc units in the City of Cupertino were tasked with noting a number of crosswalks in the city
that they see while on duty that contribute to some of the safety concerns for motorists and
pedestrians. Upon observing a number of violations, a determination was made to conduct a
directed enforcement action at each location. Each time this was done, the traffic units issued
8-22
J:1City ManagerlAnnual Report~fy09 Annual Report~Annual Report 2008-09v2.doc Page 2l of 39
Annual Report FY 2007-08
Sep#ember f, 2009
approximately 53 to 55 citations to drivers who f~iiled to yield to pedestrians in crosswalks. The
purpose of these actions is to educate the drivers of the potential safety risks to pedestrians.
The Sheriff s Office looked into, and is prepared to implement a new program for parents in the
community with juveniles that are out of control, or in trouble with the law. The program is
called "Parenting Project." Parents can sign u~~ fora 12 week workshop and learn proven
techniques that can help build a positive relationship with their kids. We have experienced a
number of these juveniles in the community, and we will work to implement this program this
year. We hope that this will not only provide a workable relationship for parents and their
children, but help resolve issues taking place a~t schools and within the community. Captain
Calderone will report back on this project at the end of next year.
- 23
J:\City 1`Qanager\,MnuaJ Report\fy04 Annual ReportWnnual Report 2008-09v2,doc Page 22 of 39
Annual Report FY 2007-08 September I, 2009
Public and Environmental Affairs
During the past year, the city has experienced growing regulatory demands from the state, along
with a heightened level of interest from the community on all issues relating to sustainability. For
the past ten years, the City of Cupertino has been implementing environmentally sound policies
and practices.
Environmental Affairs
The City of Cupertino is committed to a coordinated sustainability effort realized through the
design and implementation of specific programs that reduce greenhouse gas emissions and
promote conservation throughout our city. Cupertino's current environmental goals are built
upon (1}The Environmental Resources/Sustainability element (Chapter 5) of Cupertino's 2000
General Plan (2) the U.S. Mayor's Climate Protection Agreement signed in 2008 and {3)
Municipal Greenhouse Gas Inventory to be completed by the international Council for Local
Environmental Initiatives (ICLEI} in July 2009. Early actions implemented by the Environmental
Affairs Division are focused on establishing and prioritizing emissions reductions actions at the
municipal level. A community-wide ICLEI-based greenhouse gas emissions inventory, followed
by a stakeholder-led Environmental Stewardship Task Force scheduled to launch this fall, will
expand the scope of these priorities beyond a municipal focus to residents, business, and
academic members of our community.
In August, Cupertino received a $526,200 Energy Efficiency and Conservation Block Grant from
the Department of Energy DOE EECBG will provide the financial means for Cupertino to move
beyond its current greenhouse gas emissions benchmarking phase with ICLEI to prioritize
projects that provide substantial, sustainable, and measurable energy savings. Specifically,
Cupertino will uses these funds to initiate a partnership with Siemens to conduct a Detailed
Energy Audit (DEA) and implement energy and water conservation among city facilities and
grounds and expand its Acterra Green@Home residential audit and retrofit program. The city
will use stimulus dollars as a vehicle to create new programs or expand' existing programs to
provide a greater level of public service. If successful, the environmental benefits will outlive
this economic stimulus by achieving the following goals;
Enyiromnental Benefits: Reduce energy and water consumption and utilities {electricity,
gas, water) expenditure by 15%; Eliminate 702,212 lbs CO2, Increase comfort levels and
improve the working environment, Improve exterior lighting and safety
Replicability: Benchmark basic technologies/6est practices to develop fact sheets and
training materials for various sectors
Community Awareness: use success to motivate environmentally-positive behavior
change. through outreach
In addition to the specific initiatives listed above, the Division has worked to prioritize internal
and external communications, outreach opportunities with the local community and involvement
in regional climate change/environmental working groups. In January, the city convened an
internal Green Team to prioritize and oversee implementation of internal environmental
initiatives. This team has successfully advocated for the creation of eco labels to identify "points
of action" to motivate behavioral change among employees. The Green Team has also launched
a compositing pilot program at City Hall and identified new green IT initiatives within all
8-24
1:\City ManagerVlnnual Report\fy(l9 Annual Report\Annual Report 20o8-09v2.doc Page 23 of 34
Annual Report FY 2007-08 September 1, 2009
relevant city facilities. The Cupertino Green city web site was launched in late March as an
online resource to promote environmental awareness and conservation among households,
businesses and schools. Lastly, Environmental Affairs coordinated a series of community
activities throughout Earth Month including its first Earth Day Festival and an ICLEI co-
sponsored Community Conversation on Climate Action.
Environmental affairs staff took courses for LE1=;D accreditation last spring and are now LEED
certified.
Public Affairs
A high priority for the Public Affairs Division continues to be implementing a coordinated and
comprehensive internal and external communication program for the city. Priority projects have
focused on greater capacity and coordination of communication so that the city will be better
able to communicate with, and serve, the public.
The Public Affairs Division is responsible for planning and implementing a comprehensive
internal and external communications program for the city of Cupertino. This includes keeping
the community well informed of city services acid activities while keeping the city employees
and elected officials well informed to assist them in serving city residents.
As technology and communication methods adv~ince, the Public Affairs Division is continually
looking toward new effective ways to distribute information. The Cupertino website is
continuingly being updated with new functionality and recent broadcasts of city meetings. The
Cupertino City Channel provides a wide variety of locally produced and acquired programming.
Radio Cupertino has begun broadcasting this yf;ar. The Public Affairs Division continues its
mission to increase public awareness, interest, ixnderstanding and participation in city issues,
programs and services well into the next fiscal ye~>.r.
Web Services '
The city web specialist coordinates with the all departments to make sure that the city's website
is cuzxent and up to date. Staff is continuing to add more service-oriented functionality to the site.
The webmaster also is in process of designing/implementing the city's Intranet. The staff is also
responsible for managing teen commission, blackberry farm, Cupertino-library websites, and a
brand new teen website this year. The website staff oversees the overall hosting, deployment and
content updates for the web platform.
The web specialist also collaborates with the Information Technology Department in the e-
services program. This is the fastest growing means for residents to request services and
information from the city.
Last year the city web site averaged approximately 400 thousand page. views per month,
generated by an average of over 24 thousand absolutely unique web site visits per month with an
average of more than 120 thousand page views pear month.
City Channel
City channel staff broadcast all city council, planning commission, and parks and recreation
commission meetings. Staff also produced an economic development video, the state of the city,
- 5
3:\City Manager~Annual Report1fy09 Annual ReportWnnual Report 2008-09v2.doc Page 24 of 39
Annual Report FY 2007-08 September 1, 2009
the Cupertino Recognizes Extra Steps Taken (CREST) Awards and several training videos. The
city channel also covered community events, festivals and forums.
Radio Cupertino
WQGH344 (Radio Cupertino} is the City of Cupertino's AM radio station, began broadcasting
on the frequency of 1670 AM in March of 2007. Radio Cupertino provides residents with up-to-
date information on city news, community events, construction projects, road conditions,
weather forecasts and emergency preparedness. Cupertino city meetings are also broadcast at
various times throughout the week. In the event of an emergency, local residents can tune into
Radio Cupertino for the latest information on the nature of the emergency, the impact of the
emergency on the community, and instructions for local residents.
Cupertino Scene
This year, the newly redesigned Cupertino Scene publication remains an important source of city
information for the community and for the media. Consistent with the rest of the nation, print
publications are decreasing in readership. However, as a multimedia document the Scene is a cue
for weekly newspapers that frequently use stories and topics from the publication. The Scene has
also become an information-rich destination on the website. It is expected that the city web site
will soon eclipse the Scene as the most important source of community information.
Public Access
The city provides public access services to Cupertino through KNIVT, Comcast Cable station 26
and via YouTube. A savings of $57,000 continues to be realized annually. Due to its relationship
with KMVT, video production classes are offered as part of the recreation schedule and local
high schools are exploring the possibility of coverage of high school sports in Cupertino.
Franchises
The city of Cupertino inaugurated a new video franchise with AT&T. through the new State of
California franchise process. Enacted by recent state legislation, this statewide video franchise
requires payment of a 5% per ratepayer franchise fee.
Awards
The City of Cupertino will receive two awards this year. One awazd is in the category of public
and community meetings at the National Association of Telecommunications Officers and
Advisors {NATOA) 2009 Government Programming Awards. Cupertino regularly competes
with some of the largest cities in the nation, most recently Denver and Los Angeles.
Another award will be a 2009 Savvy Award from the City County Communicators and
Marketing Association (3CMA) in the Digital Interactive --- Website category, for outstanding
local government achievements in communications, public-sector marketing and citizen-
government relationships.
Technolo~y Information and Communication Commission
The Technology Information and Communication Commission (TICC) has been working closely
with the Planning Commission and Planning Department staff regarding the Wireless Services
Master Plan. One of the few cities with a planning document of this type, with the rapid change
a-is
l:\City ManagerlAnnual Report1fy09 Annual Report\Annual Report 2008-09v2.doc Page 25 of 39
Annual Report FY 2007-08 September 1, 2009
of technology, the commission has made a priority of updating the document. The TICC has also
taken a leadership role dealing with community concerns regarding WiFi and cellular
technology.
Sister City Program
Cupertino enjoys a range of cultural, educational, and economic exchange programs. Cupertino
enjoys two sister city relationships with Toyoka~,va, Japan and Hsinchu City, Taiwan, Republic
of China. Cupertino's sister city relationships are: governed by local ordinance and International
Sister Cities, Inc. The Sister City Program has thrived because of broad-based community
support. It is a community program, coordinated by the Cupertino-Toyokawa and Cupertino-
Hsinchu Sister City Committees, with the support of the City of Cupertino and the Cupertino
Union School District.
Community Relations
More than 250 residents participate in the Cupertino Neighborhood Block Leader program.
During the year, city staff coordinated two orient;~tions for new leaders acid one communications
session for all. The program also worked in conjunction with the Cupertino OES and Sheriffs
office to provide disaster response and search anti rescue trainings. Block leaders have been key
iui delivering timely and pertinent information to their neighbors about building activities and
new citywide programs. About 30 percent of the block leaders are CERT-trained. More than b0
percent of Neighborhood Watch leaders also serve; as block leaders.
Community Events
Cupertino is a vibrant, active community with a diverse population and monthly events that
provide something for everyone. In the past fiscal year the city has collaborated with many
organizations to bring celebrations, events and education fairs to the residents and employees.
JULY OCTOBER JANUARY APRII.
4`" on the 3`d Cupertino Safety Fair I Master Planning in North Big Funny Run
4`~ of July Celebrations Diwali Festival ;Vallco Cherry Blossom
Shakespeare in the Park Ikebana Flower Show !Community Workshop Festival
Summer Concert Series IFWC Cultural Arts ! Earth Day
Festival Free Shredding Day
AUGUST 2006 NOVEMBER FEBRUARY MAY
Cinema at Sundown World Journal
Festival
Bike to Work Day
SEPTEMBER 1tJECEMBER MARCH JUNE
Cupertino Jubilee Breakfast with Santa Lunar New Year Unity Organization of
Celebrations Light up the Night I~ Festival & Parade Special Needs
Citywide Garage Sale South Vallco Families Festival
Community Workshop Summer Concert
Series
_~
l:\City A~Ianager~Annual Report~fy09 Annual ReportlArmual Repot 2008-09v2.doc Page 26 of 39
Annual Report FY 2007-08 September 1, 2009
Administrative Services Department
The Administrative Services Department is comprised of eight divisions including Finance,
Information Technology, Human Resources, City Clerk, Code Enforcement, Community
Outreach (Emergency Preparedness, Neighborhood Watch}, Economic Development, and
Treasury.
Finance
The Finance Division updates city financial records, collects and disburses all monies, handles
payroll, and supports the Audit Committee. It compiles Federal, State and County reports,
prepares the budget and f nancial statements, monitors spending and revenues, and issues
business licenses. Accomplishments.this year include:
^ Prepared a balanced budget for fiscal years 2009/10 through 2013/14 in light of the current
recession and State borrowings.
^ Reduced the operating budget by over two million dollars.
^ Prepared the Comprehensive Annual Financial Report for 2007/08.
^ Obtained GFOA's Award of Excellence for the city's annual financial report and the
CSMFO Excellence Award for the city's annual budget.
^ Completed the annual financial audit with a clear audit opinion.
^ Provided general fund revenue and expenditure projections on a monthly basis.
^ Issued 6,883 checks to vendors, 6,018 direct payroll deposits and checks, and 1,580 purchase
orders;
^ Renewed 3,500 business licenses and gave out 873 new licenses;
^ Sent out 447 bills for false alarms, damages, grants and other items.
^ Worked on the utility user tax measure for the November 2009 ballot and successfully
negotiated support of the Chamber's Legislative Action Committee and Chamber Board.
^ Tested new credit cards to improve cost savings and control.
^ Examined cash and revenue controls.
^ Coordinated the annual update of municipal fee schedule.
^ Continued to implement the Fiscal Strategic Plan.
^ Analyzed and subsequently withdrew from the CAL ID Program to save approximately
$50,000/year and ensured that services were still provided by the Sheriff's office.
Treasury
This function is responsible for investing a $55 million portfolio with the goals of safety,
liquidity and rate of return. During the fiscal year, all investments complied with our own policy
and state law and provided adequate cash flout to meet operational and capital project
obligations. The division presented monthly investment reports to the Council.
s-za
J:\City Manager\Annual Report\fy09 Annual ReportlArmual Report 2008-09v2.doc Page 27 of 39
Annual Report FY 2007-08
City Cterk
September 1, 2009
The City Clerk prepares the council agenda and- minutes, keeps an accurate record of all city
council proceedings, maintains official copies of ~tll city ordinances, and administers oaths to city
officials. The Clerk's office also administers the local elections and is the filing officer for Fair
Political Practices Commission reports. Weekl~~ duties include preparation, distribution and
posting of a variety of agendas and minutes, scanning City Council and Planning Commission
packets and documents to the Internet, preparin€; legal advertisements, and processing council
actions, including resolutions, ordinances, corre;;pondence and maps. The Clerk's Office staff
also responds to requests for records, processes and distributes in-house and postal mail, and
provides much of the city's photocopying services. The City Clerk staffs the Fine Arts
Commission.
Electio ns/Initiatives
The City Clerk's Office began preparations for the November 2009 election to fill three city
council seats and to consider a measure which will modernize the city's existing User Utility Tax
(UUT).
• Created a Candidate's handbook and met with candidates to issue and receive nomination
papers, campaign finance disclosure forms, and other election-related documents.
• Placed election notices in news media in five languages
• Provided news media and interested parties with regular election updates by email
• Prepared a series of resolutions and other documents required for the election
• Began updates to the city's elections web site
• Attended bi-annual training sessions with the Santa Clara CounTy Registrar of Voters
Public Notification
The City Clerk's Office continued to provide the most up-to-date infornlation available regarding
city council meetings and action.
^ Updated the city's on-line records weekly, including city council agendas, minutes, staff
reports, resolutions and ordinances.
^ Provided on-line access to historical documents, including agreements, budgets, and annual
reports through the ongoing imaging program. The city web. site now has all city council
minutes, resolutions, and ordinances dating bank to the city's incorporation date of,1955.
^ Provided city council meetings and documents on the city's website with on-demand
streaming video. The video is integrated with agendas and complete staff reports.
Accomnlish~ents and Enhanced Services
Deputy City Clerk Grace Schmidt completed a combination of educational requirements, job
experience, and community service, and was awarded the prestigious designation of Certified
Municipal Clerk (CMC) by the International Institute of Municipal Clerks.
City Clerk's staff performed quality review checks on the Council agenda process for several
months, including video streaming and web interaction.
2s
J:\City ManagerlAnnual Report\fy09 Annual ReportlAnnual Report: 2008-09v2.doe Page 28 of 39
Annual Report FY 2007-08 September i, 2009
The City Clerk worked with the Public Information Office, the Information Technology division,
and the City Channel staff to review and select an enhanced calendaring program for scheduling
city hall meeting rooms and facilities. Implementation phase will occur in fiscal year 2009-
2010.
Staff selected an upgraded postage meter machine which will reduce overall costs and provide
enhanced services including post office accounting, bulk mail permits, and digital certified mail.
Routine tasks:
^ Prepared agendas and minutes, and printed and distributed packets, for 30 city council
meetings.
^ Processed 90 Iegal ads, 142 resolutions, 15 ordinances, 32 claims, S appeals, 2 petitions for
reconsideration, and a variety of records requests. Recorded approximately 75 miscellaneous
documents with the Santa Clara County Recorder.
^ Scanned packets and exhibits for 30 city council meetings; continued scanning current and/or
prior year resolutions, ordinances, other commission minutes, budget documents, etc. The
Laserfiche database now contains approximately 64,530 documents that are available to the
public online (an increase of 36,878, since last year)
^ Prepared and microfilmed 454 files and destroyed 1,585 obsolete files.
^ Collected and reviewed 115 economic interest forms and 29 campaign disclosure statements
required by the Fair Political Practices Commission.
^ Recruited for all board and commission regular vacancies with terms ending in January, as
well as 5 unscheduled vacancies. There were 27 appointments made.
^ Responded to miscellaneous requests by the public and other agencies.
^ Compiled information for State of California mandate reimbursement claims
Fine Arts Commission
^ Reviewed and approved public art for 10900 Tantau Avenue
^ Completed Developer's Guidelines for public art requirements and prepared the public art
ordinance adopted by City Council (Ordinance No. 09-2037).
^ Sponsored a student art exhibition at the Cupertino Cherry Blossom Festival.
^ Awarded the Distinguished Artist of the Year 2009 to painter Iona Ezaki, and the Emerging
Artist of the Year 2009 to Christina Jung.
Emergency Services
The .mission of the Office of Emergency Services is to facilitate, coordinate and provide
technical support to improve Cupertino's disaster response and recovery through education,
training, volunteer development, partnerships and other readiness activities. Highlights include:
Public Education
^ Prepared monthly preparedness article in Cupertino Scene
-o
3:\City Manager\Annual Report1fy09 Annual Report\Annual Report 2008-09v2.doc Page 29 of 39
Annual Report FY 2007-08 September 1, 2009
^ Conducted monthly personal emergency preparedness workshops (PEP} - 217 attendees in
fiscal year 2008-09. Collaborated with student volunteers from Morita Vista High School to
actively promote PEP class.
^ Added Pandemic Flu information to PEP workshop and emergency preparedness website
www.cupertino.org/emergency. Afilmed public presentation is shown regularly on the City
Channel.
^ Offered Kaleidoscope Public Safety Trainir'ig :For young adults - 50 graduates.
^ Conducted CPR classes - 123 trained, 2008-0~>.
^ Provided First Aid classes - 50 trained, 2008-C~9
^ Provided preparedness information at local fe:;tivals, block parties, schools, service clubs and
other community events.
^ Displayed 'informational brochures at the library, City Hail and Quinlan Community Center.
Readiness
^ Designed and implemented Incident Reporter System to create a common operation map for
disaster response.
^ Initiated Emergency Supply program for neig:hhorhood block leaders to increase the number
of community members stocking disaster supplies -supported by volunteer students from
Morita Vista High School.
^ Received $5,000 grant for continued Medical ]2eserve Corps activities.
^ Continued meetings of Cupertino Disaster Council to assist stakeholder involvement in
emergency planning. Conducted two EC)C exercises.
^ Continued monthly school and church preparedness meetings.
^ Participated on committees for Pandemic Flu, mass shelter, Vulnerable Populations, and
spontaneous volunteers.
^ Supported Ham radio international field da~i on and tested various forms of ham radio
communications.
^ Conducted a test of the Family Radio Service (FRS) to evaluate its potential use in
neighborhoods during a communication failure: in the County.
Ci Staff Trainin
^ Conducted Incident Command System (IC;S 100, 200 and 700) make-up training for all
employees.
^ Conducted CERT training for employees.
Volunteer Training
^ Conducted Citizen Corps Volunteer Trair,.ing (Community Emergency Response Team
(CERT).
^ Provided training to Cupertino Amateur Radio Emergency Service (CARES) and
Medical Reserve Corps (MRC).
Partnerships
• Partnered with Rotary to obtain a U-Haul trailer for CERT.
31
J:\City Manager\Annual Report1fy09 Annual ReportlAnnual Report 2008-04v2.doc Page 30 of 39
Annual Report FY 2007-08 September 1, 2009
Volunteer Pro~rams*
^ CERT - 701
^ CARES - 89
^ Medical Reserve Corps - 96
* Some members have multiple affiliations. Totals reflect attrition and are year-to-date.
Human Resources
Human Resources (HR) provides a full range of personnel and risk management services
including employee relations, labor negotiations, recruitment, selection, classification,
compensation, training, organizational development, benefits, retirement, workers compensation,
insurance administration, and safety. Special accomplishments:
^ Reorganized duties in the department to accommodate the HR Director vacancy for five
months of the fiscal year.
^ Implemented the second year of three-year labor agreements with the Cupertino City
Employees' Association (CEA}, Operating Engineers Local Union #3 (OE3}, and
Unrepresented Group.
^ Conducted 11 recruitments. Filled 12 full-time and 83 part-time positions. Administered
qualification appraisal boards, written exams, and established eligible lists. Scheduled and
monitored results of fingerprinted criminal history records checks, pre-employment medical
evaluations, and Tuberculosis (TB) testing. Prepared offer letters and conducted new
employee orientation.
^ Organized two ofF site management workshops of the mid-manager group.
^ Implemented the employee wellness program including incentives, flu shots and brown bag
workshops on weight management and meditation.
^ Fu11y automated on-line job applications, applicant tracking and interest cards. Participated in
the CalOpps public sector job board to provide "one stop shopping" for job applicants.
Increased the candidate pool and reduced recruitment timeframes.
^ Hosted on-site Ca1PERS retirement & fmancial planning seminars. Provided citywide
training on alcohol & controlled substance abuse, cardio-pulmonary resuscitation (CPR) and
first aid.
^ Awarded $27,000 in ABAG Plan grants for successfully completing and implementing
ABAG's best practice recommendations for risk management.
^ Updated citywide Injury and Illness Prevention Program redefining/enhancing the role of the
Safety Committee. Conducted citywide training.
^ Updated general liability, property and errors and omissions insurance.
^ Processed 26 general liability claims, represented city in mediation and court proceedings
and ensured the timely response to requests for claims information.
^ Conducted quarterly labor management meetings with OE3 and CEA.
^ Served as Municipal Employee Relations Officer resolving grievances, conducting
investigations, and administering progressive discipline.
^ Administered health benefits open enrollment. Held a wellness fair with 30 vendors.
^ Scheduled retirement workshop meetings, quarterly committee meetings, and quarterly 457
plan informational meetings.
^ Established four new job classifications. Conducted job analysis, set minimum qualifcations,
prepared class specifications, and made salary recommendations.
- 2
J:1City Manager~Annual Report'~fy09 Annual ReportlAnnual Report 2008-09v2.doc Page 31 of 39
Annual Report FY 2007-08 September 1, 2009
^ Prepared and submitted U.S. Equal Employment Opportunity Commission (EEOC)
employment data reports.
^ Administered performance evaluation program scheduling evaluations, providing supervisory
training and tracking timely completion.
^ Coordinated 16 ergonomic evaluations and irriplemented recommendations.
^ Monitored and reported temporary employee fours.
^' Administered 23 workers' compensation claims.
^ Processed 7 employee retirements, 2 full=time employee separations and 78 part-time
employee separations.
^ Advised and assisted City Council with the recruitment of the Ciry Attorney position.
Economic Development
The Economic Development function is a coordination of efforts between the Community
Development Department and the Department of Administrative Services. The two departments
work with local developers and property owners to encourage specific businesses to locate in the
city, including restaurants, theaters and bookstores. These efforts are specifically aimed at
projecting a business friendly environment throughout the organization. The Community
Development Department continues to develop rind maintained a contact list to target specific
business.
Information Technology
This division provides and manages citywide information technology. The IT Manager and her
staff implement the city's Technology Master Pl,~rz, assist in training staff and maintaining and
troubleshooting information systems including; t11e Finance and Building systems, the Records
Management system, Recreation Reservation systems, GIS databases, Code Enforcement
databases, and Community Development databases. Extending our network outside of City Hall,
which also consisted of a Smartphone project, hay allowed staff to view email and work outside
of the office. This year's focus was about continuing to improve customer service, further our
goal for a paperless environment, expanding our E-services goals, providing growth and stability
for our expanding network, upgrading our mission critical system to latest technology standard
and strengthening security and storage parameter:; for better network availability and protection.
Specif c accomplishments this year included:
^ Completed the replacement over 120 desktops fox the PC Turnover project for all full time
and part time staff, including the upgrade to the Microsoft Office 2007 application suite.
^ Completed Storage and Disaster Recovery P:.~oject; allowed for additional 12Terrabytes of
storage and the development of improved backup and recovery system which consisted of a
disk to disk to tape solution.
^ Continued internal changes and reporting for fast level Payment Card Industry (PCI)
assessment; issued RFQ for PCI Gap Analysis consultation services
^ Assisted staff with the selection of an Enterprise Calendaring and Resource application;
deployment scheduled August 09.
^ Provided extensive monitoring of the Records Management servers to improve performance.
^ Continued working on the Cupertino Security'.?olicy; training scheduled for fiscal year 09/10
^ Support of the Code Enforcement application data to a new basted Citizenserve system.
- 3
3:1City ManagerlAnnual Repott~fy09 Annual ReportlAnnual Repor: 2008-09v2.doc Page 32 of 39
Annual Report FY 2007-08 September 1, 2009
^ Maintained the Service Level Agreement for Apple products on our network; including
improved security for systems via Antivirus applications and network monitoring.
^ Maintained and supported access to 48 printers across 8 sites
^ Researched and selected new printer maintenance vendor; saved the city over five thousand
dollars this year
^ Continued maintenance of the city's imaging packages for faster build and delivery of
servers and workstations; maintained each install and delivery to specific user needs
^ Maintained all software applications to Windows XP standard; also included support far
Office 2007 transition
^ Maintained Teen Center networks that include support for two separate networking
environments. Assisted Teen staff with outside consultant hour contract for increased
response time to issues.
• Maintained and upgraded all Networked Servers with latest security vulnerability patches,
critical updates, hot fixes, antivirus, and optimization tools.
^ Maintained network environment to Community Hall; major upgrade configuration begins
in 09/ 10
^ Updated Disaster Recovery Plan with backup rotation and tape retention
^ Upgraded Internet f Itering application, the network security systems, disaster recovery
system, the checkpoint firewall system, and antivirus programs for server and desktop
deployment.
^ Continued participation in the Countywide GIS Partnership Project, including building the
Assessor's Office relationship and updates to Regional County-wide basemap project.
^ Upgraded the HVAC (heating and air conditioning} system
^ Project management and implementation of Pentamation database and eServices Upgrades
^ Added Records Management modules for Agenda Manager, and trained as workflow tool for
departments to submit documentation electronically for scheduled meetings.
^ Upgraded the Network Room adding additional power, reconf goring unit that continually
monitors climate conditions, upgrades to several switches, upgraded firewall components,
upgraded/added 7 servers for: GIS, Intranet, Blackberry Farm, Backup,
file/print/authentication, Exchange 2007 and Adobe Flash and added security system to
prevent intrusions.
^ Upgraded the Network WAN for phone and Internet services to l OMB (from 1.5MB).
^ Trained staff in Server OS (2008), Security systems (Checkpoint), Databases (SQL), Project
Management, Hardware A+, Cognos report writing and Gartner Business Continuity
seminar.
^ Maintained successful internship program
^ Continued to upgrade E-services applications and its infrastructure for improvements to
system; also developed marketing materials for publication and council meeting
^ Maintained all equipment and software inventories
^ Completed approximately 1,400 Helpdesk work orders
^ Installed additional workstation w/ cash drawer and related systems at the Sports Center,
including card scanner and credit card machine.
J;\City Manager\Annual Report1fy09 Annua] Report\Annual Report 2008-09v2.doc Page 33 of 39
Annua( Report FY 2007-08 September 1, 2009
^ Supported installation of the new scanning/co:pier equipment for further records management
initiatives.
^ Upgraded Class System for Quinlan and Senior Centers including reservation system
database, IVR phone system, Payment Process;ing Server, and registration web server
Continued support to 3n implementation ar~d services, Intranet and web projects, video
editing and publishing infrastructure, and supporting environment and hardware for webcam,
File Transfer Protocol (FTP), and audio streaming services
^ Developed test group for Smartphone project, created policy for use and support, delivered
27 devices successfully, and began configuration for Blackberry Enterprise Server which
allows for live push of email and calendar items.
^ Moved the OES staff and its network to the Blackberry Farm site
^ Assisted Public Works staff w/ SV-ITS RFP project
^ Developed scope of work for online NEW Bu:;iness License upgrade
^ Began working on Zoning and Development project for Community Development and Public
Works database and workflow management., put on hold until Matrix consulting project
complete
^ Upgraded Exchange 2000 to 2007
^ Developed and executed remediation strategy for 2008 Security Audit results
^ Maintained security certs for all web servers (;ESL Verisign/Paypal)
^ Assisted with network infrastructure installation and configuration for Key Project
^ Setup and configuration of Network and database for new Blackberry Farm site
^ Major player in Photo Management Project
^ Sports Center membership program migration and payment services solution
^ Participated in Green Team development of ne.w sustainable initiatives for the city; Computer
and monitor power consumption policy and improvement; ongoing support for paperless
environment; network changes to allow easier use of duplex printing; Virtualizatian research
for future deployment; Research of eFaxing strategies
^ Supported the creation of city-wide surveill~ince projects for Library, Sports Center, and
Mary Avenue Bridge; projects complete 09/10
^ Created Cupertino's first "EOC Tech Day" - IT supported event for Emergency Operations
Center (EOC) technology documentation
^ Worked with DeAnza College for ongoing sal~~age project
^ Researched and developed project details for mobile workforce; explore city-wide wireless
options to allow for Service Yard, Building Inspectors, and Code Enforcement staff to access
their applications and data while in the field.
Geographical Information Systems (GIS) Accomplishments:
^ Kicked off the start of the GIS Centric Asset Management Project for Public Works with
Phase L
^ Developed and deployed "Incident Reporter" an emergency preparedness web mapping
application used to facilitate streamlined communication between our city's critical facilities
and the EOC.
^ Created a current land use layer and implemented a day forward process
^ Completed the scanning and upload of all parcel, tract, and record of survey maps to
laserfiche for future integration into the city's {JIS internal web mapping application.
J:\City ManagerlAnnual Report\fy04 Annual Report\Annual Report 2008-04v2.doc Page 34 of 39
Annual Report FY 2407-08
September 1, 2009
^ Continue to update and maintain over SO layers of data.
^ First rate customer service to citizens as well as city staff in responding to service requests,
analysis, and ad hoc maps.
^ Cupertino GIS Website Updates
^ Developed MapGuide Intranet Applications
Nei;;hborhood Watch
^ Updated the Neighborhood Watch database to ensure active watch groups.
^ Conducted 18 neighborhood watch meetings in 2008-09.
^ Continued marketing efforts through weekly E-cap and Cupertino Courier.
^ Participated in the city's second National Night Out for our residents.
Code Enforcement
^ Investigated and obtained compliance for 1,225 code violation cases. Examples of
violations include exterior storage of debris, excess accumulation of trash, inoperative
vehicles, illegal and/or unpermitted signs, hazardous vegetation, animal nuisances,
graffiti, excessive noise, and unauthorized home occupations.
^ Responded to law enforcement calls for service totaling 944 hours; a savings to the city's
law enforcement contract of $136,818. Examples of law enforcement related activities
conducted by the Code Enforcement Division include parking enforcement, abatement of
abandoned vehicles on public property and private parking lots, investigation of petty
theft, vandalism and illegal dumping crimes, traffic control, and found property reporting.
^ Continued city participation in the aforementioned State of California Abandoned
Vehicle Abatement Service Authority (AVASA) program, which provides state
reimbursement for the removal of abandoned vehicles from private and public property.
^ Marked 139 abandoned vehicles (public and private property) receiving reimbursement
revenue from state AVASA funds totaling $24,811 to date.
^ Issued 2,889 parking citations totaling $98,966. A majority of the parking citations
issued by the Code Enforcement Division are for illegal parking during scheduled street
sweeping days and residential permit parking violations. Other violations include illegal
disabled space parking, obstruction of fire hydrants/fire lanes, and various posted no
parking zones.
^ Issued 73 permits totaling $9,833 for processing various types of permits such as massage
establishment, massage therapist, solicitor, handbill, and taxi cab drivers. Annual
Division Revenue Summary:
• Total revenue generated by Code Enforcement, FY 08/09: $129,610
• Total revenue savings from Code Enforcement, FY 08/09: $136,818
^ Maintained six days per week scheduling to cover specific athletic field use and
neighborhood concerns.
^ Coordinated a neighborhood improvement project entitled, Putting Rancho First. This
community outreach program was amulti-departmental collaborative effort targeting the
Rancho Rinconada/Loree Estates neighborhood to address neighborhood blight and
gather information regarding specific resident concerns related to neighborhood
improvement. Through this project the following neighborhood blight reduction goals
were accomplished:
-s
J:\City Manager\Annual Report\fy09 Annual ReportlAnnual Report 2008-09v2.doc Page 35 of 39
Annual Report FY 2007-08
September 1, 2009
- Partnered with Cdunty Weed Abatement to have hazardous weeds removed from 62
residential parcels.
- Removed 25 junked vehicles in view of the right-of--way made operable or removed
from the property.
^ Coordinated a video surveillance program with the Sheriff's Department and a private
business targeting an area that has been plagued with repeated incidents of graffiti
tagging. To date, no arrests have been made; however, the investigation is ongoing.
^ Expanded community education of code compliance through regular updates of the Know
Your Codes section of the Cade Enforct;ment Division web page and production of a
public service video aired on the City Channel related to abandoned vehicles.
^ Assumed responsibility of coordinating and maintaining all State l~epartrrzent of Justice
fingerprint background records for all permit holders, city employees, and volunteers.
^ Updated the Municipal Code fee schedule for parking violations to compensate for the
State raid of this revenue source.
-~
J:\City ManagerWnnual Report\fy09 Annual ReportlAnnual Report 2008-09v2.doc Page 36 of 39
Annual Report FY 2007-08 September 1, 2009
City Attorney's Office
The City Council is responsible for the selection and appointment of the City Attorney, a
position that undertakes highly complex administrative and legal work in providing counsel for
the overall municipal activities of the city as well as the Redevelopment Agency, commissions,
committees, and staff. In addition to advice, the City Attorney drafts legal documents and
engages in litigation, when necessary.
The City Council for many years has determined that retaining the services of a law firm to act as
the City Attorney best met the broad spectrum of needs of the organization. For many years the
contract City Attorney was Charles (Chuck) Killian. At the end of calendar year 2008, Mr.
Killian retired and for the remainder of fiscal year 2008-2009, the office was in a state of
transition.
Leal Research and Interpretation
A large and time-consuming part of the City Attorney's job is legal research and interpretation of
the law. This can include a review of statutes, their legislative history and the legislative intent,
case law in state lower and appellate courts, federal law and federal case law, Attorney General
Opinions, law review articles and legal opinions as well as drafting a legal opinion applying the
legal findings to the question at hand.
City Ordinances
Cupertino passes new or amended ordinances each year, most of which become part of the
Cupertino Municipal Code. The City Attorney's Office is directly involved in the drafting and
review of new and amended ordinances for legal soundness and plain meaning. In addition, the
City Attorney's Office reviews the existing city ordinances on an ongoing basis to be sure they
conform to changes in state law and practice. During 2008-2009 the Council adopted l7
ordinances. Among the more significant ordinances adopted this year were revisions to the
various uniform building codes, a new chapter on recycling and.diversibn of construction and
demolition waste, and a new chapter on required artwork in new development. Various revisions
were made to sign regulations, property maintenance regulations and parking regulations.
Resolutions
Over the course of a year, the City Council passes many more resolutions than it does
ordinances. Most, if not all, of the resolutions are either drafted by or reviewed by the City
Attorney. This involves both factual and legal research and writing. The City Attorney also drafts
resolutions with Council findzngs regarding reconsideration of Council actions. During 2008-
2009 the Council adopted 171 resolutions.
City Policies
City policies are drafted or reviewed by the City Attorney for legal sufficiency. In the last fiscal
year the athletic field use policy was modified and the advisory appointment policy was revised.
Contracts
In the course of business the city enters into dozens of contracts each year. The City Attorney
either drafts or reviews contracts and analyzes specific terms to protect the best interests of the
city. Contracts drafted or reviewed include consultant contracts, contracts for public works,
-a
J:\City ManagerlAnnual Report1fy09 Annual ReportWnnual Report 2008-09v2.doc Page 37 of 39
Annual Report FY 2007-08
September 1, 2009
telecommunication agreements, purchasing agreements, development agreements, housing
documents, building contracts and many others.
The City Attorney's Office is an active participant in contract negotiation when requested by the
city staff and handles all contract claims filed against the city.
Bidding Procedures
The City Attorney's Office advises on all bidding procedures in regards to current law and
procedural regulations. The city engages in a wide range of bid activities from contacts on large
public works to bids for the purchase of surplus l~mds, each having its own legal procedure.
Franchise Agreements
The city enters into and maintains a variety of fra~achise agreements including agreements for
garbage service, utilities, fiber optics and telecommunications. Ail such agreements are drafted
or reviewed by the City Attorney's Office to protf;ct the best interest of the city.
Leases
The City Attorney drafts or reviews all city leases, both leases for city property and leases
entered into by the city fox the lease of property of another. For Leases of city property, the City
Attorney's Office also initiates and prosecutes unlawful detainer actions in the case of hold over
tenants.
Land Use Documents
The City Attorney's Office drafts, reviews or approves myriad documents related to Land use
projects including easements, development agreements, conditions on use permits, conditions in
CC&Rs, covenants, deed restrictions, shared parking agreements, dedications and dozens of
other legal documents regarding the use of land.
Housing and Below Market Rate BMR) Program
The City Attorney's office reviews documents rel,~ted to the Housing and BMR Programs
including lease and purchase agreements for legal compliance and compliance with the BMR
manual.
Community Development Block Grant (CDBG Pro ram
The City Attorney's Office participates on the CDBG Advisory Committee.
Elections
The City Attorney advises the City Clerk and City Council on elections and ballot measures, in
addition to providing legal analysis and draft summaries. Upon request, the City Attorney
consults with the Fair Political Practices Commission to resolve campaign questions.
Conflicts of Interest
The City Attorney also keeps the City Council, st~~ff and commissions apprised of changes in
laws regarding conflicts of interest, political contributions, incompatible offices, ethics and
election prohibitions.
J:1Ciry ManagerlAnnual Report1fy04 Annual ReportlAnnual Report 2008-09v2.doc Page 38 of 39
Annual Report FY 2007-08
September 1, 2009
Bankruptcies, Claims
The City Attorney reviews any bankruptcy where the city is or may be a claimant and files the
appropriate documents
Lawsuits
In addition to advising the Council regarding potential lawsuits, the City Attorney participates in
both formal and informal negotiations including arbitration, mediation, meet and confer, and any
other alternative dispute resolution process that may resolve the conflict prior to a lawsuit. -When
the occasional lawsuit occurs, the office either pursues the suit vigorously (city initiated lawsuits}
or responds with Answer, Demurrer, Mandamus, Cross-Complaint, or other appropriate
instrument. During the complicated course of any lawsuit, the City Attorney pursues every
opportunity to reach a mutually satisfactory settlement before trial. Very few city lawsuits have
gone to trial.
During the past year, the City Attorney's Office has been involved. in the following:
Critter v. City of Cupertino -The Critzers, residents of a planned development of
townhomes, filed a Writ of Mandate to force the city to withdraw a building permit for a
bathroom window in a neighboring unit, claiming it interfered with their privacy. The city
was successful at trial, but the Critzers appealed. The matter has been tied up in the Court of
Appeal so there is no conclusion as of the end of the fiscal year. The case has been briefed
and oral argument has been requested, but no hearing date has yet been set by the Court.
Code Enforcemen#
Code violations, while appearing minor on their face, can have a tremendously negative effect on
the citizens of Cupertino. Most common code violations prosecuted include dangerous dogs,
destruction of protected trees, sign violations, graffiti removal, massage establishment violations,
home occupation violations, and noise abatement. Code Enforcement is no longer under the
auspices of the City Attorney, but the City Attorney is closely involved with advising the Code
Enforcement staff on numerous matters.
When perpetrators of code violations cannot be brought into compliance, misdemeanor citations
are issued. Where applicable, the city may seek an injunction, temporary restraining order (TRO)
or other civil action in civil court to gain compliance. This past fiscal year, 49 code enforcement
matters were referred to and pursued by the City Attorney.
Abatements
The City Attorney's Office works closely with Code Enforcement and the Building Division to
handle nuisance abatements, which range from cutting weeds to demolishing substandard
buildings. Inspection and abatement warrants are necessary when the officers or contractors must
enter private property without the owner's permission.
Redevelopment Agency
The City Attorney as Agency Counsel is an advisor to the Redevelopment Agency and, as such,
a portion of the City Attorney salary is paid by that agency. It is the responsibility of the City
Attorney to keep abreast of current redevelopment law, activities within the agency and advising
the. City Council regarding any redevelopment item before them.
v-
J;1City ManagerWnnua] Report1fy09 Annual Report~Annual Report 2008-09v2.doc Page 39 of 39