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Financial ReportADMINISTRATIVE SERVICES DEPARTMENT CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3220 • FAX (408) 777-3109 SUMMARY Agenda Item No. U SUBJECT AND ISSUE Accept the City's year-end financial reports for 2006-07. BACKGROUND Meeting Date: January 15, 2008 Staff is pleased to present to the City Council the Comprehensive Annual Financial Report (CAFR), Redevelopment Agency annual reports, three internal control reports, and the development impact fee report, for the fiscal year ended June 30, 2007. All but the development report were either audited or issued by the City's certified public accountants, Maze and Associates. These reports were discussed earlier today with the Council's Audit Committee. Highlights are as follows: CAFR The City's $45.7 million in revenues from governmental, non-enterprise activities jumped $6 million or 15% over the previous year, led by increases in grants for the Mary Avenue Bridge and street projects, property taxes, investment earnings, sales taxes, construction taxes, and the end of the two-year state tax takeaway. Overall governmental expenditures of $37.8 million were up 4% or $1.6 million over last year almost all due to capital outlays for the Mary Avenue Footbridge, Stevens Creek Corridor Park, and street improvement projects. After the $1.7 million in proceeds for land sales and $5.1 million in net transfers of retiree medical reserves to a separate internal service fund, governmental fund balance increased by $4.5 million or 12% to finish the year at $41.3 million. The ending number comprises: a) $5.5 million in cash and assets restricted to purchase orders, housing loans, the Cleo Avenue housing parcel, Redevelopment Agency advances made, and prepaid capital contributions on the animal control contract; b) $7.8 million in funds reserved for street, affordable housing, storm drain, environmental, and public television purposes; c) $16 million set-aside as per the General Fund reserve policy; d) $1 million in infrastructure and utility user tax reserves; e) $3.9 million of City funds locked into existing building, park and traffic capital projects; and f) $7.1 million representing the unreserved, undesignated General Fund balance that the City used to help finance $11.8 million of new capital work and acquisitions adopted in the 2007-08 five-year capital budget. Year-end financial reports for 2006-07 January 15, 2008 Page 2 of 3 Redevelopment Agency The Agency's financial statements include a current year 2007 audit finding that the annual blight alleviation progress report was not filed with the Agency's Board and the State Controller. To rectify this, staff submits to the Council and Agency Board, as Attachment #3, the annual report that was filed last month with the State Controller. In addition, the Agency corrected the prior year 2006 finding with its adoption of the five-year implementation plan more than a year ago. Internal Control A Final Accounting Issues Memo, Memorandum on Internal Control Structure, and a compliance review of the City's Investment Policy is enclosed. No significant deficiencies or material weaknesses were found, but the auditors did suggest some improvements in computer hardware and network security, wire transfer verification, accounts receivable write-off approval, and grant billing follow-up. Development Fee Report State law requires an annual report on the City's three development impact fees, notably the below market rate housing fee; the park dedication in-lieu fee; and the "Heart of the City" planning fee. Attachment #7 provides information on amounts collected, spent, and available for 2006-07. RECOMMENDATION Accept the City's year-end financial reports for 2006-07. Submitted by: ,l. David Woo Finance Director Ap roved for submission: David W. Knapp City Manager Reviewed by: Caro A. Atwood Director of Administrative Services Attachments: 1. Comprehensive Annual Financial Report 2. Redevelopment Agency Basic Component Unit Financial Statements 3. December 20, 2007 Letter to State Controller's Office Disclosing the Agency's annual report Year-end financial reports for 2006-07 January 15, 2008 Page 3 of 3 4. Final Accounting Issues Memo 5. Memorandum on Internal Control Structure 6. Independent Accountant's Report on Investment Policy 7. Development Fee Report Due to their size, some attachments can be found at: www c~ertino org/city government/departments and offices/finance/index.asp CITY OF CUPERTINO REDEVELOPMENT AGENCY BASIC COMPONENT UNIT FINANCIAL STATEMENTS FOR THE YEAR ENDLD JUNE 30, 2007 CITY OF CUPERTINO REDEVELOPMENT AGENCY Basic Component Unit Financial Statements For The Year Ended June 30, 2007 TABLE OF CONTENTS Page Independent Auditors' Report ...................................................................................................................1 Management's Discussion And Analysis .................................................................................................3 Component Unit Financial Statements: Agency-wide Financial Statements: Statement of Net Assets .............................................................................................................10 Statement of Activities ............................................................................................................... l l Fund Financial Statements: Balance Sheet .............................................................................................................................14 Statement of Revenues, Expenditures, and Changes in Fund Balances ...................................15 Statement of Revenues, Expenditures, and Changes in Fund Balance -Budget and Actual: Cupertino Square Redevelopment Special Revenue Fund ...............................................16 Notes to Component Unit Financial Statements ..............................................................................17 Report On Compliance And On Internal Control Over Financial Reporting Based On An Audit Of Financial Statements Performed In Accordance With Government Auditing Standards ...................................................23 Schedule of Current Year Finding .........................................................................................................25 Schedule of Prior Year Finding ..............................................................................................................26 MazE & ASSOCIATES ACCOUNTANCY CORPORATION 3478 Buskirk Ave. -Suite 215 Pleasant Hill, California 94523 (925) 930-0902 • FAX (925) 930-0135 maze @mazeassociates. coin INDEPENDENT AUDITORS' REPORT www.mazeassociates.com Members of the Governing Board Cupertino Redevelopment Agency Cupertino, California: We have audited the accompanying basic component unit financial statements of governmental activities, and each major fund, of the Cupertino Redevelopment Agency (Agency), a component unit of the City of Cupertino, as of and for the year ended June 30, 2007, as listed in the table of contents. These financial statements are the responsibility of the Agency's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standazds in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance as to whether the financial statements aze free of material misstatement. An audit includes examining on a test basis evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In accordance with Government Auditing Standards, we have also issued a report dated September 21, 2007 on our consideration of the Agency's internal control structure and on its compliance with laws and regulations. In our opinion, the financial statements referred to above present fairly in all material respects, the respective financial position of governmental activities and each major fund, of the Cupertino Redevelopment Agency as of June 30, 2007 and the results of its operations for the year then ended, in conformity with generally accepted accounting principles in the United States of America. Management's Discussion and Analysis is required by the Government Accounting Standards Boazd, but is not part of the financial statements. We have applied certain limited procedures to this information, principally inquiries of management regarding the methods of measurement and presentation of this information, but we did not audit this information and we express no opinion on it. ~~ ~ ~u,~ September 21, 2007 A Professional Corporation This Page Left Intentionally Blank MANAGEMENT'S DISCUSSION AND ANALYSIS This discusses the City of Cupertino Redevelopment Agency's financial performance. Please read this document in conjunction with the accompanying Basic Component Unit Financial Statements. As a component unit of the City of Cupertino, the Agency's purpose is to eliminate blight in the Vallco Redevelopment Project Area, while ensuring an adequate stock of low and moderate income housing in the City. The project area encompasses the renamed Cupertino Square (formerly Vallco) shopping center and the "Rose Bowl" site south of the mall. The Agency has the power to condemn properties for this purpose and to issue debt payable out of the incremental property taxes expected to be realized as a result of its redevelopment activities. The Agency may enter into development agreements with developers and others to further its purposes. 2006-07 FINANCIAL FIIGHLIGHTS Highlights include the following: Agency-wide: • Agency total assets amounted to $176.3 thousand, a 25% increase from the prior year total of $141.1 thousand. • Agency liabilities totaled $261.7 thousand, a decrease of $4.2 thousand from the prior year. • The Agency's net asset deficit stood at $85.4 thousand for June 30, 2007, an improvement of $39.4 thousand from the prior year. • Agency-wide revenues consisted of $193.3 thousand in general revenues. • Agency-wide expenses were $153.9 thousand, consisting of non-housing community development activities. Fund Level: • The Cupertino Square Redevelopment Fund's unrestricted fund balance deficit increased to $223.4 thousand at June 30, 2007, up from a $210.7 thousand deficit at June 30, 2006. • Redevelopment Fund revenues of $141.2 thousand represented a slight increase from last year's $139.3 thousand. Expenses climbed from $88.2 thousand in 2005-06 to $153.9 thousand in 2006- 07. • Low and Moderate Income Housing Fund revenues increased to $52.2 thousand in fiscal 2006- 07, up 13% from the prior year level of $46.4 thousand. OVERVIEW OF THE BASIC COMPONENT UNIT FINANCIAL STATEMENTS This report is in two parts: 1) Management's Discussion and Analysis (this part), and 2) The Basic Component Unit Financial Statements, which include the Agency-wide and the Fund Financial Statements, along with the notes to the statements. 3 The Basic Component Unit Financial Statements The Basic Component Unit Financial Statements comprise the Agency-wide Financial Statements and the Fund Financial Statements. These two sets of fmancial statements provide two different views of the Agency's fmancial activities and financial position-long-term and short-term. Agency-wide Financial Statements The Agency-wide Financial Statements provide along-term view of the Agency's activities as a whole, and comprise the Statement of Net Assets and the Statement of Activities. The Statement of Net Assets provides information about the fmancial position of the Agency, including all its capital assets and long- term liabilities on the full accrual basis, similar to that used by private enterprises. The Statement of Activities provides information about all the Agency's revenues and all its expenses, also on the full accrual basis, with the emphasis on measuring net revenues or expenses of each of the Agency's programs. The Statement of Activities explains in detail the change in Net Assets for the year. All of the Agency's services are considered to be governmental activities, consisting of community development services. General Agency revenues such as property tax increments support these services. Fund Financial Statements The Fund Financial Statements report the Agency's operations in more detail than the Agency-wide statements and focus on the short-term activities of the Agency's major funds. The Fund Financial Statements are on the modified accrual basis, which means they measure only current financial resources and uses such as current revenues and expenditures, current assets, current liabilities and fund balances. They exclude capital and other long-lived assets, long-term debt and other long-term liabilities. The entity's only two funds are considered major funds and are presented individually since these funds account for all financial activities of the Agency. The Cupertino Square Redevelopment Fund serves as its general fund, and is always a major fund. The second fund is the Low and Moderate Income Housing Fund, which the Agency elects to show as a major fund. The funds are discussed further in the Analysis of Major Funds section. Comparisons of budget and actual information are presented as part of the Basic Component Unit Financial Statements. FINANCIAL ACTIVITIES OF THE AGENCY AS A WHOLE This analysis focuses on the net assets and changes in net assets of the Agency as a whole, as presented in the Agency-wide Statement of Net Assets and Statement of Activities. Governmental Activities Table 1 shows that the Agency's net assets improved from a deficit of $124.8 thousand at June 30, 2006 to a deficit of $85.4 thousand at June 30, 2007. The accumulated net asset deficit is a result of expenditures incurred by the Agency in the establishment and development of the project area over its first five years, during which incremental property tax revenues have been minimal. Advances totaling $258.7 thousand from the City of Cupertino have been required to fmance the start up costs for the Agency. The advances from the City are repayable from future tax increment revenues, which come from property taxes that .are levied by the County annually and apportioned to the Agency. The advance balance did not change during the year. The cash position of the Agency improved by $71.6 thousand due to the rise in net assets plus the elimination of receivables and payables related to professional services provided by a noise consultant for the AMC theatre project last year. 4 Table 1 Governmental Net Assets at June 30 (In Thousands) Governmental Activities 2007 2006 Cash and investments $176.3 $104.7 Accounts receivable --- 36.4 Total assets 176.3 141.1 Accounts payable and accruals --- 5.8 Accrued payroll and benefits 3.0 1.4 Advance from City of Cupertino 258.7 258.7 Total liabilities 261.7 265.9 Net assets: Restricted for low and moderate income housing 138.0 85.8 Unrestricted deficit (223.4) (210.6) Total net assets (accumulated deficit) ($85.4) $( 124.8) As shown in Table 2 on the next page, the Agency experienced the $39.4 thousand rise in net assets during 2006-07 because property valuation growth has allowed tax revenues to finally cover administrative costs on an Agency-wide level. As redevelopment of the project area continues, the forecasted additional tax revenues will continue to improve net assets and allow the Agency to payback the City advance, make bond financing more attractive, and provide capital for economic improvement. 5 Table 2 Governmental Activities Changes in Governmental Net Assets (In Thousands) . 2006-07 2005-06 Expenses Community development $153.9 88.2 Total expenses 153.9 88.2 Revenues General revenues: Taxes: Incremental property tax 187.3 185.7 Investment income 6.0 ---- Total general revenues 193.3 185.7 Total revenues 193.3 185.7 Increase in net assets X39.4 X97.5 THE AGENCY'S FUND FINANCIAL STATEMENTS Table 3 below summarizes total Agency activity and balances at the fund level: Table 3 Total Governmental Fund Level Highlights at June 30 (In Thousands) 2007 2006 Total assets $ 176.3 $ 141.1 Total liabilities 261.7 265.9 Total fund balance deficits (85.4) (124.8) Total revenues 193.3 185.7 Total expenditures 153.9 88.2 Mirroring the entity-wide results, the Agency's funds reported a June 30, 2007 combined fund balance deficit of $85.4 thousand, an improvement from the $124.8 thousand deficit at June 30, 2006. Analyses of Major Funds Cupertino Square Redevelopment Fund This Fund accounts for the receipt of tax increment revenue allocated to the Vallco Redevelopment Project Area, established in August 2000. It serves as the administrative fund for the project area, with 6 expenditures for the ongoing management and oversight of overall project area activities. The fund's name comes from the Cupertino Square (formerly named Vallco) shopping center that comprises most of the project area. Excluding the 25% that is set-aside for low and moderate income housing purposes, current year tax increment revenues increased 1 % to $140.5 thousand compared to the $139.3 thousand received in the prior year, reflecting the absence of ownership or major assessment changes. Expenditures jumped 74% over last year, ending up at $153.9 thousand for 2006-07. The hiring of a new Economic Development and Redevelopment Agency manager caused personnel costs to increase from $58.9 to $92.9 thousand, while the statutorily required pass-through of taxes to special districts and schools rose significantly to $58.5 thousand compared to $14.8 thousand last year. This pass-through, shown as an expenditure against gross taxes, jumped because it's annually assessed based on estimated taxes and trued-up the following year based on actual receipts. Because last year's actual receipts came in much higher than estimated, it follows that this year's pass-through soared accordingly. In addition, professional costs were avoided this year because of the 2006 completion of the five-year redevelopment implementation plan. The Educational and Revenue Augmentation Fund state tax takeaway also ended last year. On the fund level, the retained tax revenues were not sufficient to cover the administrative expenses for the year, causing last year's fund balance deficit to increase from $210.7 thousand to this year's $223.4 thousand. Low and Moderate Income Housing Fund Because of a 2002 legal settlement, the Agency sets-aside 25% of the tax increment revenue for future low and moderate income housing projects sponsored by the Agency. This is higher than the State mandated 20% minimum. In fiscal 2006-07, the Agency's allocation for low and moderate income housing purposes totaled $46.8 thousand compared to $46.4 thousand for the prior fiscal year, proportional to the growth in overall taxes. The City's affordable housing activities did not use any redevelopment funds this year. As the cash balance has grown, the fund started to earn interest this year, at $5.4 thousand. The fund balance reserved for housing grew from $85.8 thousand to $138 thousand. CAPITAL ASSETS The Agency continues to possess no capital assets. INDEBTEDNESS At June 30, 2007 the Agency's indebtedness consisted of an unchanged $258.7 thousand advance from the City of Cupertino to cover staffing, consultant, and legal costs that exceed tax revenues. The City is authorized under California state law to finance redevelopment activities through a number of sources, including loans from City government and the issuance of agency debt. ECONOMIC OUTLOOK AND MAJOR INITIATIVES With the openings of a new 16-screen AMC theatre, an upscale bowling alley, Strike Cupertino, and two new multi-level parking structures, and with new flooring, signage, and mall exteriors, Cupertino Square's new owners hope to lure in new tenants. A new food court will be built. Outside the existing 7 enclosed mall, building plans have been approved for a new California Pizza Kitchen. Land use plans are being considered for amixed-use condominium retail development in the Rose Bowl section of the project area. Additional retail within one of the pazking structures and a new hotel is envisioned for the future. CONTACTING THE AGENCY'S FINANCIAL MANAGEMENT This report is intended to provide citizens, taxpayers, investors, and creditors with a general overview of the Agency's finances. Further information can be obtained from the City of Cupertino's Finance Department, 10300 Torre Avenue, Cupertino, CA 95014-3255, phone (408) 777-3220, or by visiting the City's website at www.cupertino.org. 8 CITY OF CUPERTINO REDEVELOPMENT AGENCY STATEMENT OF NET ASSETS AND STATEMENT OF ACTIVITIES The Statement of Net Assets and the Statement of Activities summarize the entire Agency's financial activities and financial position. They are prepared on the same basis as is used by most businesses, which means they include all the Agency's assets and all its liabilities, as well as all its revenues and expenses. This is known as the full accrual basis-the effect of all the Agency's transactions is taken into account, regardless of whether or when cash changes hands, but all material internal transactions between Agency funds have been eliminated. The Statement of Net Assets reports the difference between the Agency's total assets and the Agency's total liabilities, including all the Agency's capital assets and all its long-term debt. The Statement of Net Assets presents similar information to the old balance sheet format, but presents it in a way that focuses the reader on the composition of the Agency's net assets, by subtracting total liabilities from total assets. The Statement of Net Assets summarizes the financial position of all the Agency's financial position in a single column. The Statement of Activities reports increases and decreases in the Agency's net assets. It is also prepared on the full accrual basis, which means it includes all the Agency's revenues and all its expenses, regardless of when cash changes hands. This differs from the "modified accrual" basis used in the Fund financial statements, which reflect only current assets, current liabilities, available revenues and measurable expenditures. The Statement of Activities presents the Agency's expenses that are listed by program first. Program revenues-that is, revenues that are generated directly by these programs-are then deducted from program expenses to arrive at the net expense of each program. The Agency's general revenues are then listed and the Change in Net Assets is computed and reconciled with the Statement of Net Assets. These financial statements along with the fund financial statements and footnotes are called Basic Component Unit Financial Statements. 9 CITY OF CUPERTINO REDEVELOPMENT AGENCY STATEMENT OF NET ASSETS JUNE 30, 2007 ASSETS Cash and investments (Note 3) Total Assets LIABILITIES Accrued payroll and benefits Advance from City (Note 4) Total Liabilities Governmental Activities $176,338 176,338 2,983 258,712 261,695 NET ASSETS (Note 5) Restricted for: Low and moderate income housing 138,019 Unrestricted deficit (223,376) Total Net Assets (Accumulated Deficit) ($85,357) See accompanying notes to financial statements 10 CITY OF CUPERTINO REDEVELOPMENT AGENCY STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2007 Governmental Functions/Programs Activities Expenses: Community development $153,874 Total expenses 153,874 General revenues: Taxes: Incremental property taxes 187,275 Investment income 6,051 Total general revenues 193,326 Change in Net Assets 39,452 Net Assets (Accumulated Deficit) -Beginning (124,809) Net Assets (Accumulated Deficit) -Ending ($85,357) See accompanying notes to financial statements 11 This Page Left Intentionally Blank FUND FINANCIAL STATEMENTS The funds described below were determined to be Major Funds by the Agency in fisca12007. Vallco Redevelopment Fund Accounts for revenue and expenditures related to the development of the project area at the Cupertino Square regional mall. Low and Moderate Income Flousing Fund Accounts for redevelopment tax revenues used for low and moderate income housing programs. 13 CITY OF CUPERTINO REDEVELOPMENT AGENCY GOVERNMENTAL FUNDS BALANCE SHEET JUNE 30, 2007 Low and Moderate Total Cupertino Square Income Governmental Redevelopment Housing Funds Assets Cash and investments (Note 3) $38,319 $138,019 $176,338 Total Assets $38,319 $138,019 $176,338 Liabilities and Fund Balances Accrued payroll and benefits $2,983 $2,983 Advance from City (Note 4) 258,712 258,712 Total Liabilities 261,695 261,695 Fund balances (deficit) (Note 5): Reserved for low and moderate income housing $138,019 138,019 Unreserved, undesignated (223,376) (223,376) TOTAL FUND BALANCES (DEFICIT) (223,376) 138,019 (85,357) Total Liabilities and Fund Balances $38,319 $138,019 $176,338 See accompanying notes to financial statements 14 CITY OF CUPERTINO REDEVELOPMENT AGENCY GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2007 Revenues: Incremental property taxes (Note 2) Use of money and properly Total Revenues Expenditures: Community development: Salaries and benefits Pass-through expenditures (Note 6) Miscellaneous Total Expenditures Net change in Fund Balances Low and Moderate Cupertino Square Income Redevelopment Housing Total Governmental Funds $140,456 $46,819 $187,275 695 5,356 6,051 141,151 52,175 193,326 92,948 58,453 2,473 153,874 (12,723 ) 52,175 92,948 58,453 2,473 153,874 39,452 Fund balances (deficit), beginning of year (210,653) 85,844 (124,809) Fund balances (deficit), end of year ($223,376) $138,019 ($85,357) See accompanying notes to financial statements 15 CITY OF CUPERTINO REDEVELOPMENT AGENCY CUPERTINO SQUARE REDEVELOPMENT SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES AND CI~ANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED JUNE 30, 2007 REVENUES: Incremental property taxes Use of money and property Total Revenues EXPENDITURES: Community development: Salaries and benefits Professional and legal costs Pass-through expenditures Miscellaneous Total Expenditures Net change in Fund Balances Fund balance (deficit), beginning of year Fund balance (deficit), end of year (210,653) ($223,376) See accompanying notes to financial statements Budgeted Amounts Original Final Variance with Final Budget Positive Actual Amounts (Negative) $90,000 $90,000 $140,456 $50,456 695 695 90,000 90,000 141,151 51,151 167,438 167,438 92,948 74,490 50,000 50,000 50,000 58,453 (58,453) 2,473 (2,473) 217,438 217,438 153,874 63,564 ($127,438) ($127,438) (12,723) $114,715 --, 16 CITY OF CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements NOTE 1-SIGNIFICANT ACCOUNTING POLICIES A. Description of the Cupertino Redevelopment Agency -The Cupertino Redevelopment Agency (Agency) was created under the provisions of the California Health and Safety Code for the purpose of rehabilitating property considered to be in a blighted condition. On August 21, 2000 the City Council enacted and passed ordinance 1850, establishing the Redevelopment Plan for the Cupertino Vallco Redevelopment Project Area. The Project Area encompasses the Cupertino Square (formerly named Vallco) shopping center and the "Rose Bowl" site. The Agency's primary source of revenue is property taxes, referred to in the accompanying financial statements as "incremental property taxes". Property taxes allocated to the Agency are computed in the following manner: 1. The assessed valuation of all property in the Project Area is determined on the date of adoption of the Redevelopment Plan by a designation of a fiscal year assessment roll. 2. Property taxes related to any incremental increase in assessed values after the adoption of a Redevelopment Plan are allocated to the Agency; all taxes on the "frozen" assessed valuation of the property are allocated to the City and other districts receiving taxes from the project area. The Agency has no power to levy and collect taxes. Any legislative property tax reduction would lower the amount of tax revenues that would otherwise be available to pay the principal and interest on bonds or loans from the City and any increased tax rate or assessed valuation or any elimination of present exemptions would increase the amount of tax revenues available for this purpose. The Agency is also authorized to finance the Redevelopment Plan from other sources, including assistance from the City, the State and federal governments, interest income and the issuance of Agency debt. The Agency is a separate legal entity governed by the City Council sitting in a separate capacity as the Redevelopment Agency Board. City staff performs all administrative, accounting, management and budgeting functions. Since the City exercises control over the Agency operations, the Agency is considered a component unit of the City and is included in the City's general purpose fmancial statements. B. Basis of Presentation The Agency's Basic Component Unit Financial Statements are prepared in conformity with accounting principles generally accepted in the United States of America. The Government Accounting Standards Board is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the U.S.A. These Statements require that the fmancial statements described below be presented. Government-wide Statements: The Statement of Net Assets include the financial activities of the overall Agency government. minimize the double counting of internal activities. and the Statement of Activities Eliminations have been made to 17 CITY OF CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements NOTE 1-SIGNIFICANT ACCOUNTING POLICIES (Continued) The Statement of Activities presents a comparison between direct expenses and program revenues for each function of the Agency's governmental activities. Direct expenses are those that are specifically associated with a program or function and, therefore, are clearly identifiable to a particular function. Program revenues include (a) charges paid by the recipients of goods or services offered by the programs, (b) grants and contributions that are restricted to meeting the operational needs of a particular program and (c) fees, grants and contributions that are restricted to financing the acquisition or construction of capital assets. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues. Fund Financial Statements: The fund financial statements provide information about the Agency's funds. The emphasis of fund financial statements is on major individual funds, each of which is displayed in a separate column. The Agency considers both of its funds to be major funds. C. Major Funds Major funds are identified and presented separately in the fund financial statements.. All other funds, called non-major funds, are combined and reported in a single column, regardless of their fund-type. Major funds are defined as funds that have either assets, liabilities, revenues or expenditures/expenses equal to ten percent of their fund-type total and five percent of the grand total. The Agency reported the following major governmental funds in the accompanying financial statements: Vallco Redevelopment Fund -Accounts for revenue and expenditures related to the development of the project area at the Cupertino Square regional mall. Low and Moderate Income Housing Fund -Accounts for redevelopment tax revenues used for low and moderate income housing programs in the City. D. Basis of Accounting The government-wide financial statements are reported using the economic resources measurement focus and the full accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. 18 CITY OF CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements NOTE 1-SIGNIFICANT ACCOUNTING POLICIES (Continued) Governmental funds financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available. The Agency considers all revenues reported in the governmental funds to be available if the revenues are collected within sixty days after year-end. Expenditures are recorded when the related fund liability is incurred, except for principal and interest on general long-term debt, claims and judgments, and compensated absences, which are recognized as expenditures to the extent they have matured. Governmental capital asset acquisitions are reported as expenditures in governmental funds. Proceeds of governmental long- term debt and acquisitions under capital leases are reported as other fnancing sources. Those revenues susceptible to accrual are incremental properly taxes and interest. Non-exchange transactions, in which the Agency gives or receives value without directly, receiving or giving equal value in exchange, include taxes, grants, entitlements, and donations. On the accrual basis, revenue from taxes is recognized in the fiscal year for which the taxes are levied or assessed. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all eligibility requirements have been satisfied. The Agency may fund programs with a combination of cost-reimbursement grants, categorical block grants, and general revenues. Thus, both restricted and unrestricted net assets may be available to finance program expenditures. The Agency's policy is to first apply restricted grant resources to such programs, followed by general revenues if necessary. Certain indirect costs are included in program expenses reported for individual functions and activities. E. Budgets and Budgetary Accounting The Agency operates under the general laws of the State of California and follows the budgetary process of the City. Annually, the Board adopts a budget effective July 1 for the ensuing fiscal year. From the effective date of the budget, which is adopted and controlled at the Agency level, the amounts stated therein as proposed expenditures become appropriations. The Board may amend the budget by resolution during the fiscal year. All appropriations lapse at year end. The Agency did not budget activity in the Low and Moderate Income Housing Fund for fiscal 2006-2007, and that fund has been excluded from the budget versus actual statements in the accompanying financial statements. Encumbrance accounting is employed as an extension of the budgetary process. Under encumbrance accounting, purchase orders, contracts, and other commitments for expenditures are recorded in order to reserve that portion of the applicable appropriation. Encumbrances outstanding at year-end are recorded as reservations of fund balance because they do not constitute expenditures or liabilities, and are automatically reappropriated the following year. Unencumbered and unexpended appropriations lapse at year-end. 19 CITY OF CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements NO'T'E 1 -SIGNIFICANT ACCOUNTING POLICIES (Continued) F. Property Tax Levy, Collection and Maximum Rates -Article XIII of the California Constitution provides for a maximum general property tax rate of $1.00 per $100 of assessed value, which may be adjusted by no more than two percent per year unless the property is sold or transferred, in which case it is reassessed at market value. The State Legislature has determined the method of distribution of property tax receipts among the counties, cities, school districts and other special districts. Santa Clara County assesses properties, bills for and collects property taxes on the following schedule: Secured Unsecured Valuation date January 1 January 1 Lien levy date July 1 July 1 50% on November 1 Due dates 50% on February 1 July 31 December 10 August 31 Delinquent as of April 10 Property taxes levied are recorded as revenues and receivables in the fiscal year of levy. NOTE 2 -LOW AND MODERATE INCOME HOUSING FUND ACTIVITIES Under California Redevelopment Law, agencies are required to deposit a minimum twenty percent of incremental property taxes received into a Low and Moderate Income Housing Fund. However, on January 31, 2002 the Agency settled a lawsuit challenging the formation of the Project Area. This settlement requires the Agency to set aside twenty-five percent of incremental property taxes for low and moderate income housing activities. For fiscal 2006-2007, the Agency received $187,275 in incremental property taxes of which twenty-five percent or $46,819 was deposited into the Low and Moderate Income Housing Special Revenue Fund. NOTE 3 -CASH AND INVESTMENTS The Agency's cash is included in a cash and investments pool maintained by the City of Cupertino (City), the details of which are presented in the City's basic fmancial statements. As of June 30, 2007 the City's treasury was composed primarily of investments in the State of California Local Agency Investment Fund, Federal agencies securities and non-negotiable certificates of deposit, and money market funds. NOTE 4 -ADVA1VCi? FROM THE CITY (,I~,M?F:r~L FUND As of June 30, 2007, tax increment revenues were not yet sufficient to fmance Agency operations. To assist the Agency until project redevelopment generates additional tax increment revenues, the City advanced funds to the Agency to fmance operations. As of June 30, 2007 the balance of the advance was $258,712. -~ 20 CITY OF CUPERTINO REDEVELOPMENT AGENCY Notes to Component Unit Financial Statements NOTE 5 -NET ASSETS AND FUND BALANCES Net Assets are measured on the full accrual basis, while Fund Balances are measured on the modified accrual basis. A. Net Assets At the Government-wide level, Net Assets is the excess of all the Agency's assets over all its liabilities. Restricted describes the portion of Net Assets which is restricted as to use by the terms and conditions of agreements with outside parties, governmental regulations, laws, or other restrictions which the Agency cannot unilaterally alter. These principally include developer fees received for use on capital projects, debt service requirements, and redevelopment funds restricted to low and moderate income housing purposes. Unrestricted describes the portion of Net Assets which is not restricted to use. B. Fund Deficit As of June 30, 2007, the Cupertino Square Redevelopment Special Revenue Fund had a deficit of $223,376. NOTE 6 -PASS-THROUGH PAYMENTS Pursuant to California Redevelopment Law (Health and Safety Code Section 33607.5), the Agency is obligated to pass-through twenty percent of the gross tax increment received on the Project Area to jurisdictions within the project area. In addition, the Agency is obligated to pass-through an additional amount of tax increment pursuant to Health and Safety Code section 33676, which requires basic aid payments to be made. For the year June 30, 2007, the Agency calculated and recorded $58,453 in pass-through and basic aid payments to the affected jurisdictions. 21 This Page Left Intentionally Blank MazE & ASSOCIATES ACCOUNTANCY CORPORATION 3478 Buskirk Ave. -Suite 215 REPORT ON INTERNAL CONTROL OVER Pleasant Hill, California 94523 FINANCIAL REPORTING AND ON (925) 930-0902 • FAX (925) 930-Oi35 maze @mazeassocia tes. com COMPLIANCE AND OTHER MATTERS www.mazeassociates.com BASED ON AN AUDTT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITINGSTANDARDS Members of the Redevelopment Agency of the City of Cupertino Cupertino, California We have audited the fmancial statements of the Redevelopment Agency of the City of Cupertino as of and for the year ended June 30, 2007, and have issued our report thereon dated Cupertino. We have conducted our audit in accordance with generally accepted auditing standards in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control over Financial Reporting In planning and performing our audit, we considered the Agency's internal control over fmancial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the fmancial statements, but not for the purpose of expressing an opinion on the effectiveness of the Agency's internal control over fmancial reporting. Accordingly, we do not express an opinion on the effectiveness of the Agency's internal control over fmancial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the Agency's ability to initiate, authorize, record, process, or report fmancial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Agency's financial statements that is more than inconsequential will not be prevented or detected by the Agency's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the Agency's internal control. Our consideration of internal control over fmancial reporting was for the limited purpose described in the second paragraph and would not necessarily identify all deficiencies in internal control over fmancial reporting that might be significant deficiencies or material weaknesses. As part of our audits, we prepared and issued our separate Memorandum on Internal Control dated September 21, 2007. A Professional Corporation 23 Compliance and Other Matters As part of obtaining reasonable assurance about whether the Agency's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, ' contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Our audit included tests of compliance with provisions of the Guidelines for Compliance Audits of California Redevelopment A e~ ncies. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed instances of noncompliance that are required to be reported under Government Auditing Standards which are described in the accompanying Schedule of Findings and Questioned Costs. We did not audit the Agency's responses to the findings included in the Schedule of Findings and Questioned Costs and, accordingly, we express no opinion on them. This report is intended for the information of the Board, management and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than the above parties. Yrtau ~ ~ ~~ September 21, 2007 24 SCHEDULE OF CURRENT YEAR FINDING Finding 07-01: Reports on Blight Progress According to the Health & Safety Code 33080.1, the Agency is required to submit an annual report on blight progress to the Agency Board and the State Controller's Office within 6 months after fiscal year end. We understand the Agency did not submit this required information for fiscal year 2006. We recommend the Agency submit the required information to the Board and State Controller Office on a timely basis in future fiscal years. Management Response: The Agency will comply, beginning with the 2007 filing. 25 SCHEDULE OF PRIOR YEAR FINDING Finding 06-01: Five-Year Implementation Plan In accordance with Health & Safety Code 33490 and 33413(b) Redevelopment agencies must provide Implementation Plans for each project area every five years and have the first plan adopted within five years following the adoption of the redevelopment plan. The Agency has not yet adopted afive-year implementation plan. The project area was established in August 2000 and Agency is required to adopt their first five year implementation plan for fiscal years 2005 through 2010 by August 2005. Current Status: The Five-year Implementation Plan was adopted at the December 6, 2006, City Council Redevelopment Agency Meeting. 26 CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL STRUCTURE FOR THE YEAR ENDED JUNE 30, 2007 MazE & ASSOCIATES September 21, 2007 To the City Council of the City of Cupertino City of Cupertino, California ACCOUNTANCY CORPORATION 3478 Buskirk Ave. -Suite 215 Pleasant Hill, California 94523 (925) 930-0902 • FAX (925) 930-0135 maze C~mazeassocia tes. com www.mazeassociates.cnm In planning and performing our audit of the financial statements of the City of Cupertino as of and for the year ended June 30, 2007, in accordance with auditing standards generally accepted in the United States of America, we considered the City's internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the entity's financial statements that is more than inconsequential will not be prevented or detected by the entity's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the entity's internal control. Our consideration of internal control was for the limited purpose described in the first paragraph and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control that we consider to be material weaknesses, as defined above. Included in the Schedule of Other Matters are recommendations not meeting the above definitions that we believe to be of potential benefit to the City. The City's written responses included in this report have not been subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on them. This communication is intended solely for the information and use of management, City Council, others within the organization, and agencies and pass-through entities requiring compliance with generally accepted government auditing standards, and is not intended to be and should not be used by anyone other than these specified parties. ~~ ~ ~~~ A Professional Corporation CITY OF CUPERTINO MEMORANDUM ON INTERNAL CONTROL STRUCTURE SCHEDULE OF OTHER MATTERS 2007-01 VTA Grant Receivable Follow-up As of June 30, 2007, the City has a Mary Avenue Bicycle Footbridge Capital Project which is budgeted to cost about $10.7 million in total. $2 million of the project costs are budgeted to be funded by the City's General Fund. The remaining project costs are budgeted to be funded by grants. As of June 30, 2007, the City had recorded $1.4 million of grant reimbursement receivables from Santa Clara Valley Transportation Authority (VTA) and Caltrans. However, the City had to defer the $1.4 million of grant revenue in the fund level because the City did not receive the grant reimbursements within the "current and available" period of 60 days. Since the amount of the grants are large, the City should make sure that all grant reimbursements are submitted and collected timely. We recommend that after the Public Works Department has completed the initial submissions of the requests for grant reimbursement, the requests should then be forwarded to Finance Department for follow-up to make sure that they are collected timely. Management Response: Recommendation implemented. The grants were collected by the end of December 2007 and Finance will continue to monitor all receivables on this project. INDEPENDENT ACCOUNTANT'S REPORT ON AGREED-UPON PROCEDURES FOR THE CITY OF CUPERTINO INVESTMENT POLICY MazE & ASSOCIATES ACCOUNTANCY CORPORATION 3478 Buskirk Ave. -Suite 215 Pleasant Hill, California 94523 (925) 930-0902 • FAX (925) 930-0135 INDEPENDENT ACCOUNTANT'S REPORT mazeC~mazeassociates.com ON AGREED-UPON PROCEDURES w~'~'w mazeassociates.com FOR THE CITY OF CUPERTINO INVESTMENT POLICY September 21, 2007 David Woo Director of Finance City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 Dear David: At your request, we have performed the limited procedures enumerated below, which were agreed upon by the City, solely to assist you with respect to the Investment Policy. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the City's responsibility as the specified user of this report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. DETAIL TESTS AND RESULTS As requested, we performed tests of the Investment Policy listed below. Procedure A. We obtained the Investment Policy (policy), dated April 17, 2007, approved by City Council. We compared the investments authorized by the policy against the investments listed in the March 2007 Treasurer's Investment Report to make sure that all investment types are allowed by the investment policy. Finding: None noted. All investment types appear to be in compliance with the City's investment policy. A Professional Corporation Procedure B. We compared the City's Investment Policy with California Government Code Section 53601 to make sure that the City's Investment Policy complied with California Government Code Section 53601. Finding: None noted. City's Investment Policy appears to comply with California Government Code Section 53601. Procedure C. We compared the March 2007 Treasurer's Investment Report with California Government Code Section 53646 to make sure that the March 2007 Treasurer's Investment Report complied with California Government Code Section 53646. Finding: None noted. The March 2007 Treasurer's Investment Report appears to comply with California Government Code Section 53646. Procedure D. We inquired whether investment performance statistics and activity reports are generated on a monthly basis for presentation to the oversight (audit) committee, City Manager and City Council, as required by the Investment Policy. Finding: None noted. Per our conservation with Finance Director, investment performance statistics and activity reports are generated on a monthly basis and presented to the oversight (audit) committee, City Manager and City Council, as required by the Investment Policy. Procedure E. We inquired and documented our understanding of the wire transfer procedures. The Investment Policy requires all wire transfers initiated by Treasury Section personnel to be reconfirmed by the appropriate financial institution to non-treasury staff. Finding: Wire Transfer Procedures As of May 2007, the Administrative Director, the Finance Director and the Accountant were authorized individually to initiate and complete all wire transfers. Wire transfers initiated by Treasury Section personnel were not reconfirmed by the appropriate financial institution to non- treasury staff. Also, the wire transfer process did not require a call back feature in which a second employee with separate password had to confirm in order to complete the wire transfer transaction. Subsequently, we recommended to Finance staff that in order to mitigate any internal control weakness, all wire transfers should be set up to have acall-back confirmation feature. For example, the first employee initiates and requests the wire transfer. Once the request has been received by the bank, a call back confirm is electronically sent to a second employee. The second employee then logs in with a different password to confirm and complete the wire transfer. The City has since implemented the second employee call-back feature in its wire transfer procedures. Procedure F. We selected eight investment sales from various months of Treasurer's Report and performed the following: • Traced investment type to the supporting broker's confirmation. • Traced the sale date to the supporting broker's confirmation • Traced amount of investment sold to supporting broker's confirmation. Finding: None noted. City appears to be in compliance with the Investment Policy. Procedure G. We selected the one and only investment purchase (as of March 2007) for fiscal 2007 from the City's investment files and performed the following: • Traced to Treasurer's Investment Report in the month acquired. • Agreed to Treasurer's Investment Report the amount, terms and interest rate. • Determined if investment type is authorized by the investment policy. Finding: None noted. City appears to be in compliance with the Investment Policy. Procedure I. We sent audit confirmations to the City's third party investment safekeeping custodian, Wells Fargo Bank, for the March 2007 statement. We received the March 2007 statement from Wells Fargo Bank and traced the following from each investment listed in the Wells Fargo statement to the City's March 2007 Treasurer's Investment Report: • Investment description • Market value • Purchase date • Maturity date • Coupon rate Note: The Wells Fargo Bank statement incorrectly spelled "Wilmot State Bank" as "Wilmont State Bank". This spelling error was subsequently corrected in the City's June 2007 Treasurer's Investment Report. Finding: None noted. City appears to be in compliance with the Investment Policy. Procedure J. We judgmentally selected 17 Federal Agencies investments from the March 2007 Wells Fargo statement and traced the reported ratings to Moody's rating online. Finding: None noted. City appears to be in compliance with the Investment Policy. We were not engaged to, and did not, perform an audit in accordance with generally accepted auditing standards, the objective of which would be the expression of an opinion on the specified elements, accounts, or items in this .report. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the City's information and use and is not intended to be and should not be used by anyone other than the City. Yours very truly, Maze & Associates CITY OF CUPERTINO FINAL ACCOUNTING ISSUES MEMO Fiscal year ended June 30, 2007 Accounts Receivable Write-offs Currently, the Finance Director reviews the accounts receivable aging listing and notifies the Accounts Receivable Clerk to write off accounts over 120 days. However, there is no review of which accounts were actually written off in the system after the accounts are written off by the Accounts Receivable Clerk. We suggest that the Finance Director or another employee review the general ledger after the Accounts Receivable Clerk has posted the write-offs to make sure that all write-offs are authorized and proper. Alternatively, a financial system report showing the details of accounts receivable write-offs may be reviewed and approved by a second employee. Information Systems Review Recommendations from our Information Systems Review are based on best practices and industry standards. Based on our review, notable points or internal control weaknesses are documented under each section. These internal control issues are not high risks for financial misstatement but are industry standards and best practices. Management • An Information Security Policy should be implemented to reflect management guidance and direction in developing controls over information systems and related resources. Physical Security • Non-IT staff should be escorted while they are in the server room Iuformation Systems Security: Financial Application • There should be enforced password complexity for the financial system to reduce the risks of easy guessing and brute force attacks against the passwords. Required use of unique alpha numeric and special character combinations is optimum. • There should be a written policy for the regular changing of financial system account passwords. An automatic enforcement of this policy would be optimum. Information Systems Security: Network Communications • Intrusion detection systems should be in place on the internal network to monitor the network for intrusions and attacks. CITY OF CUYERTINO FINAL ACCOUNTING ISSUES MEMO Fiscal year ended June 30, 2007 New Pronouncements GASB Statement No. 48 -Sales and Pledges of Receivables and Future Revenues and Intra-Entity Transfers ofAssets and Future Revenues (effective for Fiscal Year 2007-2008) This Statement establishes financial reporting of several categories of transactions. We have ordered the topics to those we believe are most relevant to cities, followed by the other topics: Issues Most Relevant to Cities: Intra-Entity Transfers ofAssets at Carrying Value: This Statement stipulates that governments should not revalue assets that are transferred between financial reporting entity components. Therefore, any assets (or future revenues) sold or donated within the same financial reporting entity should continue to be reported at their current carrying value when those assets or future revenues are transferred. Differences between the sales price and carrying value are recognized as a gain/ (loss) on the seller's statements and as an expense/ (revenue) on the buyer's statements. A transfer or subsidy treatment should be used in the basic financial statements. Disclosures of Revenue Pledged for Repayment of Debt: Though this GASB does not appear to impact the recording of debt with pledged revenues, it will expand disclosure requirements. We have italicized what we believe to be the change from current disclosures as follows: 1. Identification of the specific revenue pledged and the approximate amount of the pledge [e.g. remaining debt service]. 2. Identification of, and general purpose for, the debt secured by the pledged revenue. 3. The term of the commitment [e.g. remaining term of the debt]. 4. The relationship of the pledged amount to the total for that specific revenue, if estimable- that is, the proportion of the specific revenue stream that has been pledged. A comparison of the pledged revenues recognized during the period to the principal and interest requirements for the debt directly or indirectly collateralized by those revenues. For this disclosure, pledged revenues recognized during the period may be presented net of specified operating expenses, based on the provisions of the pledge agreement; [e.g. revenue coverage calculation] however, the amounts should not be netted in the financial statements. • Financing Authorities: The Statement does not change the substance of accounting for revenues received by a government which are pledged for repayment of debt issued by a financing authority. The Statement requires the financing authority to recognize revenue when the pledging government is obligated to make the payments. This is essentially the counterparty perspective of recognizing debt service when due. CITY OF CUPERTINO FINAL ACCOUNTING ISSUES MEMO Fiscal year ended June 30, 2007 Other Topics: ^ Exchanges of Specific Receivables/Revenues for Cash: Statement #48 states that "Governments sometimes exchange an interest in their expected cash flows from collecting specific receivables or specific future revenues for immediate cash payments-generally, a single lump sum. The issue addressed is whether exchanges should be reported as a sale or as a collateralized borrowing resulting in a liability. A sale treatment is permitted only if the government relinquishes control of the exchanged receivable/revenue. Specific criteria are listed in the Statement which are used to determine whether control is retained (indicating a borrowing treatment) or relinquished (indicating a sales treatment) Exchange examples listed include the sale of future tobacco settlement revenues and the sale of delinquent property tax liens. These types of transactions are highly unusual and infrequent. This would have been helpful for those cities which securitized the VLF receivables. ^ Residual Interests and Recourse Provisions: This Statement also includes guidance to be used for recognizing other assets and liabilities arising from a sale of specific receivables or future revenues, including residual interests and recourse provisions. GASB Statement No. 49 -Accounting and Financial Reporting for Pollution Remediation Obligations (Effective for Fiscal Year 2008-20091 This Statement addresses accounting and financial reporting for pollution remediation obligations (including contamination), which are obligations to address the current or potential detrimental effects of existing pollution by participating in pollution remediation activities such as site assessments and cleanups. This Statement excludes pollution prevention and landfill closure or post-closure costs. A municipality must estimate expected outlays for pollution remediation if it knows a site is polluted and any of the following recognition triggers occur: ^ Pollution poses an imminent danger to the public or environment and a government has little or no discretion to avoid fixing the problem. ^ A government has violated a pollution prevention-related permit or license. ^ A regulator has identified (or evidence indicates it will identify) a government as responsible (or potentially responsible) for cleaning up pollution, or for paying all or some of the cost of the clean up. ^ A government is named (or evidence indicates that it will be named) in a lawsuit to compel it to address the pollution. ^ A government begins or legally obligates itself to begin cleanup or post-cleanup activities (limited to amounts the government is legally required to complete). Liabilities and expenses would be estimated using an "expected cash flows" measurement technique, which is used by environmental professionals but will be employed for the first time by governments. Statement 49 also will require governments to disclose information about their pollution obligations associated with clean up efforts in the notes to the financial statements. CITY OF CUPERTINO FINAL ACCOUNTING ISSUES MEMO Fiscal year ended June 30, 2007 Pollution remediation outlays should be capitalized in the government-wide and proprietary fund statements when goods and services are acquired if acquired for any of the following circumstances: a. To prepare property for sale. Capitalized costs (including pollution remediation costs) continue to be limited to lower of cost or net realizable value b. To prepare property for use when the property was acquired with known or suspected pollution that was expected to be remediated. Governments should capitalize only those pollution remediation outlays expected to be necessary to place the asset into its intended location and condition for use. c. To perform pollution remediation that restores apollution-caused decline in service utility that was recognized as an asset impairment. Governments should capitalize only those pollution remediation outlays expected to be necessary to place the asset into its intended location and condition for use. d. To acquire property, plant, and equipment that have a future alternative use. Outlays should be capitalized only to the extent of the estimated service utility that will exist after pollution remediation activities have ceased. For outlays under criteria a and b, capitalization is appropriate only if the outlays take place within a reasonable period prior to the expected sale or following acquisition of the property, respectively, or are delayed, but the delay is beyond the government's control. ADMINISTRATIVE SERVICES DEPARTMENT CUPERTINO December 20, 2007 CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3220 • FAX (408) 777-3109 State Controller's Office Division of Accounting and Reporting Section Local Government Reporting Section P. O. Box 942850 Sacramento, CA 94250 Dear Sirs, In accordance with Section 33080.1 of the Health and Safety Code, this is the Cupertino Redevelopment Agency's annual report for the fiscal year ended June 30, 2007. The report includes the following enclosures and electronic submissions: (1) A signed cover page of State Controller's Annual Report of Financial Transaction. The report itself has been transmitted via the SCO FTP site. (2) U.S. Bureau of the Census survey form. (3) Confirmation of the Agency's Online Filing of Annual Housing and Community Development Report. (4) Two copies of the independent financial audit including an opinion of the Agency's compliance with applicable laws and regulations governing redevelopment agencies. (5) A signed copy of the Statement of Indebtedness filed with the County auditor for the 2007-08 tax year on October 1, 2007 Properties and Loans The Agency had no outstanding loan receivables and owned no properties. 2006-07 Redevelopment A>;ency Accomplishments Coordinated the following: ^ Adopted the Vallco Project Area 2006-2010 Implementation Plan. (December 2006) ^ Hired aRedevelopment/Economic Development Manager to help oversee efforts in the Redevelopment area. (May 2007) Cupertino Redevelopment Agency Annual Report for Fiscal Year Ending June 30, 2007 Page 2 of 2 ^ Launched a media campaign to inform the community of revitalization efforts at the mall with a series of ads in the San Jose Mercury News, the Cupertino Courier, and the World Journal Chinese Paper. Provided facilitation for the following development activities: ^ Completion of two new garages next to Macy's and J.C. Penney's adding almost 1,400 parking spaces to the mall. (November 2006) ^ Opening of a 16-screen, 3,500 seat AMC Theater complex. The complex has been ranking in the top # 10 of the 81 Bay Area theaters and is on target to welcome 1.5 million guests in 2007 and 2008. (April 2007) ^ Substantial completion of Strike Cupertino. (June 2007) ^ Implementation of a new signage program re-branding the mall as "Cupertino Square" from the former "Vallco Fashion Park". ^ Completion of exterior improvements to Sears. ^ Commencement of construction for a new Food Court inside the mall. Miscellaneous ^ In 2006, the Redevelopment Project Area began to generate noticeable tax increment for the first time. Mall owners are providing periodic updates to the City Council/Redevelopment Agency Board regarding progress at the center. New Space Square Footage ^ AMC Theaters 98,800 sf Rehabilitated Space Square Footage ^ N/A If you have any questions, you may contact me at (408) 777-3280. Respectfully submitted, David Woo Finance Director, City of Cupertino cc: Kelly Kline Enclosures CITY OF CUPERTINO DEVELOPMENT FEE REPORT FISCAL YEAR ENDING JUNE 30, 2007 1. Below Market Rate Housing Mitigation fee (A) Description and Amount: An in-lieu fee collected on residential, office, industrial & R&D development in order to address impact on affordable housing. Fee was $1.15 per sq ft on residential development and $2.25 per sq ft on office, industrial & R&D development for the reported year (B) Amount collected in FY 06/07 291,091 (C) Beginning of year balance 980,010 End of year balance 1,209,852 (D) Interest earned 62,853 (E) Expenditures: CCS affordable housing placement 65k, Project Sentinel rental mediation 25k, nexus fee study 14k, architect for Cleo Ave site development 8k and administrative costs 26k. 2. Park Dedication fee (A) Description: Fees collected from developers in lieu of providing more parks in the City. (B) Amount collected in FY 06/07 252,950 (C) Beginning of year balance 40,658 End of year balance 150,353 (D) Interest earned 6,745 (E) Expenditure: none (F) Transfer 200k to Stevens Creek corridor park project to backfill lost DWR grant. 3. Stevens Creek Blvd "Heart of the City" specific plan fee (A) Permit applicants along Stevens Creek Blvd corridor pay a $0.044 per sq-ft based fee to reimburse City for the $94,929 cost of the 1994 specific plan for the central area of the City. (B) Amount collected in FY 06/07 36,322 (C) Beginning of year balance 57,846 End of year balance 97,854 (D) Interest earned (estimate @ 4.85%) 3,686 (E) Expenditure: Costs incurred in 1994 to prepare "Heart of the City" specific plan.