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12-18-12 Searchable packet Table of Contents Agenda3 Civic Center Master Plan Framework Staff Report10 A - Civic Center Master Plan Framework14 November 5 City Council minutes Draft Minutes76 November 13 City Council minutes Draft minutes84 Accounts Payable for period ending October 26, 2012 Draft Resolution87 Accounts Payable for period ending November 2, 2012 Draft Resolution100 Accounts Payable for period ending November 9, 2012 Draft Resolution109 Accounts Payable for period ending November 16, 2012 Draft Resolution124 Accounts Payable for period ending November 21, 2012 Draft Resolution134 Accounts Payable for period ending November 30, 2012 Draft Resolution142 Accounts payable for period ending December 7, 2012 Draft Resolution153 Financial Reports for Fiscal Year 2011-12 Staff Report163 A - Comprehensive Annual Financial Report165 B - Memorandum on Internal Control and Required Communications290 C - Independent Accountant's Report on City of Cupertino Investment Policy304 D - Independent Accountant's Report on Compliance with the Proposition 111 Appropriation Limit Increment310 E - Development Impact Fee Report311 Adopt resolution amending the Unrepresented Employees’ Compensation Program by transferring the positions of Assistant City Attorney and Deputy City Attorney into this group and transferring the City Manager Position out of this group; adopt resolution amending the City Attorney Employees’ Compensation Program by transferring the City Manager position into this group and renaming it the Appointed Employees’ Compensation Program consisting of the City Manager and City Attorney and any required related action Staff Report313 A - Draft Resolution-City Attorney315 B - Redlined City Attny/Appointed317 C - Draft Resolution-Unrep340 1 D - Redlined Unrep Emp Comp Program341 Declare weeds a nuisance and set hearing date of January 15 for objections to proposed removal Staff Report367 A - Draft Resolution369 Alcoholic Beverage License, Bombay Oven Inc, 20803 Stevens Creek Blvd Staff Report371 A - Application372 Alcoholic Beverage License, Safeway Inc, West Homestead Road and North De Anza Boulevard Staff Report374 A - Application375 Citizens' Option for Public Safety (COPS) Program Funds of $100,000 Staff Report379 A - Draft Resolution380 Improvement Agreement, George Chia-Jung Chang and Suk- Yee Chung, 10397 Palo Vista Road, APN: 357-03-027 Staff Report382 A - Draft Resolution383 B - Improvement Agreement385 C - Map399 Improvement Agreement, Rajat Gupta and Puja Gupta, 22388 Santa Paula Avenue, APN: 357-05-034 Staff Report400 A - Draft Resolution401 B - Improvement Agreement403 C - Map414 Improvement Agreement, Mehrdad Mojgani and Homa Mojgani, 22717 San Juan Road, APN: 342-17-025 Staff Report415 A - Draft Resolution416 B - Improvement Agreement418 C - Map432 Mid-Year Budget Adjustment #3 Staff Report433 A - Draft Resolution439 B - Lehigh study report443 C- Waldeck Letter445 Adoption of an ordinance prohibiting the feeding of waterfowl (namely, geese, ducks, and coots) in City parks and establishing a schedule of fines for such actions in violation o the proposed section of the Municipal Code Staff Report446 A - Draft Ordinance449 B - Red-Lined Version of Existing Ordinance452 2 AGENDA CUPERTINOCITYCOUNCIL~SPECIALMEETING SUCCESSORTOTHEREDEVELOPMENTAGENCY~REGULARMEETING 10350TorreAvenue,CommunityHallCouncilChamber Tuesday,December18,2012 3:30PM CITYCOUNCILMEETING ROLLCALL K3:30PM STUDYSESSION 1.Subject:CivicCenterMasterPlanFramework RecommendedAction:StaffrecommendsthatCouncilacceptthereportand providedirectiontostaff StaffReport ACivicCenterMasterPlanFramework Page:10 CLOSEDSESSION 2.Subject:ConferencewithLegalCounselInitiationofLitigationpursuantto subdivision(c)ofSection54956.9OneCase 3.Subject:ConferencewithLegalCounselSignificantExposuretoLitigation pursuanttosubdivision(b)ofSection54956.9OneCase PLEDGEOFALLEGIANCE K6:45PM ROLLCALL CEREMONIALMATTERSANDPRESENTATIONS 3 Tuesday,December18,2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency POSTPONEMENTS ORALCOMMUNICATIONS Thisportionofthemeetingisreservedforpersonswishingtoaddressthecouncilon anymatternotontheagenda.Speakersarelimitedtothree(3)minutes.Inmostcases, Statelawwillprohibitthecouncilfrommakinganydecisionswithrespecttoamatter notlistedontheagenda. CONSENTCALENDAR Unlessthereareseparatediscussionsand/oractionsrequestedbycouncil,staffora memberofthepublic,itisrequestedthatitemsundertheConsentCalendarbeactedon simultaneously. 4.Subject:November5CityCouncilminutes RecommendedAction:Approveminutes DraftMinutes Page:76 5.Subject:November13CityCouncilminutes RecommendedAction:Approveminutes Draftminutes Page:84 6.Subject:AccountsPayableforperiodendingOctober26,2012 :AdoptResolutionNo.12132 RecommendedAction DraftResolution Page :87 :AccountsPayableforperiodendingNovember2,2012 7.Subject RecommendedAction:AdoptResolutionNo.12133 DraftResolution Page:100 8.Subject:AccountsPayableforperiodendingNovember9,2012 RecommendedAction:AdoptResolutionNo.12134 DraftResolution Page:109 4 Tuesday,December18,2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency 9.Subject:AccountsPayableforperiodendingNovember16,2012 :AdoptResolutionNo.12135 RecommendedAction DraftResolution Page :124 10.Subject:AccountsPayableforperiodendingNovember21,2012 :AdoptResolutionNo.12136 RecommendedAction DraftResolution Page:134 11.Subject:AccountsPayableforperiodendingNovember30,2012 RecommendedAction:AdoptResolutionNo.12137 DraftResolution Page:142 12.Subject:AccountspayableforperiodendingDecember7,2012 RecommendedAction:AdoptResolutionNo.12138 DraftResolution Page:153 13.Subject:FinancialReportsforFiscalYear201112 RecommendedAction:Acceptthereports StaffReport AComprehensiveAnnualFinancialReport BMemorandumonInternalControlandRequiredCommunications CIndependentAccountantsReportonCityofCupertinoInvestmentPolicy DIndependentAccountantsReportonCompliancewiththeProposition111 AppropriationLimitIncrement EDevelopmentImpactFeeReport Page :163 5 Tuesday,December18,2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency 14.Subject:AdoptresolutionamendingtheUnrepresented$³¶²µ¿««¹Compensation ProgrambytransferringthepositionsofAssistantCityAttorneyandDeputyCity AttorneyintothisgroupandtransferringtheCityManagerPositionoutofthis group;adoptresolutionamendingtheCityAttorney$³¶²µ¿««¹Compensation ProgrambytransferringtheCityManagerpositionintothisgroupandrenamingit theAppointed$³¶²µ¿««¹CompensationProgramconsistingoftheCityManager andCityAttorneyandanyrequiredrelatedaction RecommendedAction:AdoptResolutionNo12139amendingResolutionNo.12 121amendingtheUnrepresentedEmployeeCompensationProgram;adopt ResolutionNo.12140amendingResolutionNo.12122amendingtheCityAttorney EmployeesCompensationProgrambyrenaming/establishinganAppointed EmployeesCompensationProgram StaffReport ADraftResolutionCityAttorney BRedlinedCityAttny/Appointed CDraftResolutionUnrep DRedlinedUnrepEmpCompProgram Page:313 15.Subject:DeclareweedsanuisanceandsethearingdateofJanuary15forobjections toproposedremoval RecommendedAction:AdoptResolutionNo.12141 StaffReport ADraftResolution Page:367 :AlcoholicBeverageLicense,BombayOvenInc,20803StevensCreekBlvd 16.Subject RecommendedAction:ApproveAlcoholicBeverageLicense,BombayOvenInc StaffReport AApplication Page:371 17.Subject:AlcoholicBeverageLicense,SafewayInc,WestHomesteadRoadandNorth DeAnzaBoulevard RecommendedAction:ApproveAlcoholicBeverageLicense,SafewayInc StaffReport AApplication Page:374 6 Tuesday,December18,2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency 18.Subject:CitizensOptionforPublicSafety(COPS)ProgramFundsof$100,000 :AdoptResolutionNo.12142toapprovethe201213COPS RecommendedAction grantfundingrequest StaffReport ADraftResolution :379 Page 19.Subject:ImprovementAgreement,GeorgeChiaJungChangandSukYeeChung, 10397PaloVistaRoad,APN:35703027 RecommendedAction:AdoptResolutionNo.12143 Description:ThroughtheimprovementagreementwiththeCity,theapplicantsfora buildingpermitforaresidentialdevelopmentwillbeobligatedtoconstructCity specifiedstreetimprovements,includingcurb,gutteranddrivewayapproachalong thefrontageoftheirbuildingsite StaffReport ADraftResolution BImprovementAgreement CMap Page:382 20.Subject:ImprovementAgreement,RajatGuptaandPujaGupta,22388SantaPaula Avenue,APN:35705034 RecommendedAction:AdoptResolutionNo.12144 Description:ThroughtheimprovementagreementwiththeCity,theapplicantsfora buildingpermitforaresidentialdevelopmentwillbeobligatedtoconstructCity specifiedstreetimprovements,includingcurb,gutter,sidewalkanddriveway approachalongthefrontageoftheirbuildingsite StaffReport ADraftResolution BImprovementAgreement CMap Page:400 7 Tuesday,December18,2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency 21.Subject:ImprovementAgreement,MehrdadMojganiandHomaMojgani,22717San JuanRoad,APN:34217025 :AdoptResolutionNo.12145 RecommendedAction Description :ThroughtheimprovementagreementwiththeCity,theapplicantsfora buildingpermitforaresidentialdevelopmentwillbeobligatedtoconstructCity specifiedstreetimprovements,includingcurb,gutter,anddrivewayapproachalong thefrontageoftheirbuildingsite StaffReport ADraftResolution BImprovementAgreement CMap Page:415 SECONDREADINGOFORDINANCES PUBLICHEARINGS ORDINANCESANDACTIONITEMS 22.Subject:MidYearBudgetAdjustment#3 RecommendedAction:AdoptResolutionNo.12146ApprovingMidYearBudget Adjustment#3 StaffReport ADraftResolution BLehighstudyreport CWaldeckLetter Page:433 23.Subject :Adoptionofanordinanceprohibitingthefeedingofwaterfowl(namely, geese,ducks,andcoots)inCityparksandestablishingascheduleoffinesforsuch actionsinviolationoftheproposedsectionoftheMunicipalCode RecommendedAction:ConductthefirstreadingofOrdinanceNo.122101:An OrdinanceoftheCityCounciloftheCityOfCupertinoadoptingSection13.04.130P oftheCupertinoMunicipalCodeprohibitingthefeedingofwaterfowlinCityparks andamendingSection1.12.160Btosetafinespecificallyforthiscodeviolation StaffReport ADraftOrdinance BRedLinedVersionofExistingOrdinance Page:446 8 Tuesday,December18,2012CupertinoCityCouncil SuccessortotheRedevelopmentAgency REPORTSBYCOUNCILANDSTAFF ADJOURNMENT Note:TheJanuary2meetinghasbeencancelled.Thenextregularmeetingwillbe nd January15. SUCCESSORTOTHEREDEVELOPMENTAGENCYMEETING Canceledforlackofbusiness. The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council/Redevelopment Agency must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Any interested person, including the applicant, prior to seeking judicial review of the city council’s decision with respect to quasi-judicial actions, must first file a petition for reconsideration with the city clerk within ten days after the council’s decision. Any petition so filed must comply with municipal ordinance code §2.08.096. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities.If you require special assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. 9 PUBLIC WORKS DEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Civic Center Master Plan Framework. Recommendation Staff recommends that Council accept the report and provide direction to staff. Discussion In June of 2011, Council approved the CIP budget for fiscal year 2011/2012, which included $50,000 for a project to complete a Civic Center Master Plan. The purpose o the project is to study alternatives and develop a plan of improvements to b the Civic Center that address three primary concerns:(1) current and future parking needs, (2) expansion capacity for future service growth,and (3) operational improvements along with needed accessibility and seismic upgrades for City Hall. In February 2012 an agreement with the architectural firm of Perkinwas executed to complete the Civic Center Master Plan. In February 2012 a task force comprised of City staff from Public Works, the City Managers Office, Community Development and County Library staff met with the Consultant on two occasions, including a workshop to consider alternative ideas.Upon further refinement of scenarios, the attached Civic Center Maste completed. The Master Plan Framework presents three alternatives for addressing the three areas of concern for the Civic Center  1) the Civic Network Alternative, 2) the Civic Youth Alternative, and 3) the Civic Life Alternative. The scenarios v emphasis and the level of improvement to the overall Civic Center site. Each scenari assumes that solar energy generation, energy efficiency and sust compliance with current codes are included. While each alternative carries a certain programmatic theme, there is the ability to interchange some elementsespecially related to some of the more minor parking expansions. It is also important to note that, while even the less transformative of the alternatives may appea build out for the plan could occur over a 10-year, 20-year or even longer period. Developing a vision for the Civic Center now will serve to focus the site most efficiently. 10 The following is a summary of the alternatives providedin the Master Plan Framework: Alternative 1: Civic Network TheCivicNetworkAlternative envisions a rich, interconnected pattern of linkages to the surrounding area for pedestrians, transit users, bicyclists and motorists. Features of this alternative include: a new driveway and parking lot at Pacifica Avenue, allowing the Civic Center to be easily accessed from three directions; enhanced pedestrian pathwaysand bikeways, including a creek-side trail providing north-south circulation; renovation ofthe existing City Hall building for service and operational improvements along with structural and accessibility improvement. This alternative proposesnonew buildings at theCivicCenter. Alternative 2: Civic Youth TheCivicYouth Alternative reinforces the success of Cupertinos Civic Center in creating a destination for people of all backgrounds and ages, with the addition ofa teen facility that enhances the attraction for youth. The addition of a teen center will expand the recreational, cultural, educational and social interaction facilities of the Civic Center compatibly with the Library and Community Hall. Features of this alternative include: a new Teen Center, with outdoor basketball, classrooms and other programs, located at the northwest corner of Library Field, creating a new civic address along Torre Avenue. New photovoltaic cells atop the Teen Center enhance on- site sustainability practices; a one-level parking garage under the Teen Center provides parking for about 170 cars; Library Field is re-programmed and reconfigured, expanding its offerings to all ages while retaining Cricket; Library Plaza includes a demonstration garden and use of perviouspaving materials. This alternative proposes to renovate the existing City Hall building for service and operational improvements. 11 Alternative 3: Civic Life The Civic Life Alternative also focuses on a significant enrichment ofcommunity life with a major new Community Center adjacent to a rebuilt City Hall. In this scenario the focalpoint ofcivicand cultural useisretained around the Library Plaza, which is rebuilt to better support and accommodate large scale community needs while retaining the enjoyment of the fountain. Features of this alternative include: CityHall would be rebuilttomeet all modern-day construction needs, become a better meeting and permitting center for the community, support any emergency facility building metrics and allow for a better alignment and a a new Community Center is envisioned to include meeting rooms, c performance spaces and exhibition spaces, focused on the needs and wishes of the Cupertino community. The three alternatives are described in more detail in the attached Master Plan Framework document. The document also describes the planning process and site and use analyses that were considered in developing the alternatives. A conceptual level cost estimate for each alternative will be presented at the study session for the purpose of providing a comparative magnitude-of-order cost for implementing each plan. The addition of the Community Hall to the Civic Center campus in2004 moved the Council meeting and other community meeting functions out of the, thereby making first floor space available for other potential uses, including as an Emergency Operations Center and/or a service counter. The opportunity to beneficially reorganize the spaces in the existing City Hall was given consideration in Center Master Plan Framework. Concurrent with the master planning effort, further analysis of the existing City Hall building was done. The analysis highlighted structural improvements that should made to bring the building into compliance with current codes. The Civic Center Master Plan Framework addresses the need to either renovate or replace the City Hall in order to modernize and improve the services and operation of the facility and to bring it more into compliance with current crnatives 1 and 2 propose renovation of the existing City Hall for limited structural and accessibility improvements along with service and operational improvements. Plan Alternative 3 proposes rebuilding the City Hall to provide an even greater range of use of the facility for long-term performance, which would also allow for underground parking. 12 Council Direction and Potential Next Steps Should the Council provide feedback or direction favoring an alternative and/or individual element preferences, staff will submita proposal for a single, detailed master plan with acost study for consideration during the 2013-2014 budget discussions. ____________________________________ Prepared by: Carmen Lynaugh, Public Works Projects Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A-Civic Center Master Plan Framework 13 CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK | July 26, 2012 14 City of Cupertino Master Plan Framework Prepared for: City of Cupertino Prepared by: Perkins + Will Architecture and Urban Design In association with: Fehr + Peers Transportation Consultants 15 1. SUMMARY 1 Overview 1 Goals 3 Findings of Analyses 3 Three Alternatives 4 2. THREE ALTERNATIVES 9 Alternative 1: Civic Network 10 Alternative 2: Civic Youth 12 Alternative 3: Civic Life 14 3. CONTEXT ANALYSIS 17 4. SITE ANALYSIS, OPPORTUNITIES AND CONSTRAINTS 27 5. 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®­¤«¤µ¤« ¯ ±ª¨­¦ ¦ ± ¦¤ ´­£¤± ³§¤ #®¬¬´­¨³¸ #¤­³¤±  ­£ ±¤¡´¨ Potential Parking Solutions $´¤ ³® ³§¤ ¯®¯´« ±¨³¸ ®¥ ³§¤ #¨µ¨¢ #¤­³¤±þ ¯ ±ª¨­¦ ¨² ¢§ ««¤­¦¨­ §®´±² £´±¨­¦ ³§¤ £ ¸þ ¯ ±³¨¢´« ±«¸ ¶¤¤ª£ ¸  ¥³¤±­®®­² ¶§¤­ ¯ ±ª¨ £¤¬ ­£ ®¥³¤­ ¤·¢¤¤£² ³§¤ ¤·¨²³¨­¦ ®­²¨³¤ ¯ ±ª¨­¦ «®³ ²´¯¯«¸ ®¥ ¬¤¤³ ³§¤ ¯¤ ª £¤¬ ­£ ®­  ­  µ¤± ¦¤ £ ¸ (®¶¤µ¤±þ ¯ ±ª¨­¦ ¢®­£¨³¨ ³§¤ ³§¤ #¨µ¨¢#¤­³¤± ¢ ­ µ ±¸ £¤¯¤­£¨­¦ ®­ ¤µ¤­³²  ­£ ¯±®¦± ¬¬¨­¦ #®¬¬´­¨³¸ ( ««  ­£ ³§¤ ,¨¡± ±¸ !² ±¤¯®±³¤£ ¡¸ #¨³¸ ²³ ¥¥þ ¯ ±ª¨ ²®«´³¨®­² § µ¤ ¡¤¤­ £¤µ¤«®¯¤£ ³® ¨¬¯±®µ¤ ¯ ±ª¨­¦ ¢®­£¨³¨®­² 0 ±ª¨­¦ ²®«´³¨®­² ¶¨«« §¤«¯ ¨¬¯±®µ¤ ¢¨±¢´« ³¨®­  ­£ ¬ ­ ¦¤ £¤¬ ­ ¯¤ ª ¯ ±ª¨­¦ §®´±² 4§¤ ²®«´³¨®­² ¨­¢«´£¤   µ ±¨¤³¸ ®¥ £¤¬ ­£þ ²  ­£ ¬ ­ ¦¤¬¤­³ ²³± ³¤¦¨¤²þ ¨­¢«´£¨­¦  ££¨­¦ ¯ ±ª¨­¦ ³® ¡®³§ ³§¤ ³§¤ ²´±±®´­£¨­¦ ²³±¤¤³²þ ¤­ ¢³¨­¦   4± ­²¯®±³ ³¨®­ $¤¬ ­£ - ­ ¦¤ 0±®¦± ¬þ ¯®³¤­³¨ ««¸ ¢§ ±¦¨­¦ ¥®± ¯¤ ª§®´± ¯ ±ª¨­¦ ³¨¬¤²þ  ­£ ¢ 0 ±ª¨­¦ ²®«´³¨®­² ¨­¢«´£¤ 0 ±ª¨­¦ ²´¯¯«¸ ¨­¢±¤ ²¤ ²³± ³¤¦¨¤² þ ¶§¨¢§  ¨¬ ³® ¨­¢±¤ ²¤ ³§¤ ³®³ « ²´¯¯«¸ ®¥ ¯ ±ª¨­¦ ²¯ ¢¤² ¡®³§ ¨­ ³§¤ ¯ ±ª¨­¦ «®³  ­£ ®­ ³§ ²³±¤¤³ÿ 0 ±ª¨­¦ £¤¬ ­£ £¤¢±¤ ²¤² þ ¶§¨¢§  ¨¬ ³® £¤¢±¤ ²¤ ³§¤ ­´¬¡¤± ®¥ ²¨­¦«¤®¢¢´¯ ­³ µ¤§¨¢«¤²þ  ­£ ¤­¢®´± ¦¤  «« ¬®£¤² ®¥ ³± µ¤«ÿ 0 ±ª¨­¦ ¬ ­ ¦¤¬¤­³ ¬¤ ²´±¤² þ ¶§¨¢§ ¢ ­ §¤«¯ ¬ ­ ¦¤ ³§¤ month. 0®³¤­³¨ « ¯ ±ª¨­¦ ²®«´³¨®­²  ±¤ ²´¬¬ ±¨¹¤£ ¨­ 4 ¡«¤ !þ ¢ ³¤¦®±¨¹ (’ ¸¤ ±²)ÿ  ­£ «®­¦ ³¤±¬ (’Ç ¸¤ ±²) )­  ££¨³¨®­ ³® ³§¤ ¯ ±ª¨­¦ ²®«´³¨®­² «¨²³¤£þ ¯ ±ª¨­¦ ¢ ­ ¡¤ ¨­¢± ³§¤ ¢®­²³±´¢³¨®­ ®¥ ­¤¶ ¡´¨«£¨­¦²þ  ­£  ²²®¢¨ ³¤£ ®­¤«¤µ¤« ´­£¤ ¯ ±ª¨­¦þ  ² ¯±®¯®²¤£ ¨­ ³§¤ #¨µ¨¢ 9®´³§  ­£ #¨µ¨¢ ,¨¥¤ !«³¤±­ ³¨ above. 6 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 25 Table A: Cupertino Civic Center Parking Options Short Medium Long Option Term Term Term 1 Restripe lot and narrow spaces from 9 feet in width to 8.5 feet in width X 2 Add perpendicular spaces in the parking lot near Sister City G X 3 Add diagonal parking on Torre Avenue X Convert one Rodrigues Avenue parking space into approximately fi 4 X motorcycle/scooter parking spaces 5 Extend parking lot onto portion of Library Field X 5a Add 47 spaces to the north side of Library Field X 5b Add 48 to 68 spaces on Library Field in extension to Pacifica Drive ) X 5c Add 21 spaces by expanding the Torre Avenue driveway X 6 Construct parking deck below Library Field or new/renovated buX 7 Create Transportation Demand Management Programs for employeesX 7a Provide commuter checks to employees to encourage transit ridersX 7b Create a bike buddy program for employees X 7c Provide bike subsidies to employees through the commuter check pX 7d Educate employees about bike commuting with handouts and programX 7e Provide parking cash-out for employees who do not drive to work X 7f Create healthy families program to encourage families to bike/wa 7g Designate carpool parking spaces X 7h Provide shuttle service to Caltrain stations X 8 Construct a multi-use path along the creekX 9 Implement monthly parking fees for employeesX 10 Charge visitors for parking at peak hoursX 11 Restrict employee parking to least-convenient spaces, including Pacifica DriveX 12 Move city vehicles off-siteX 13 Add bicycle racks near the City Hall entranceX 14 Create parking time limits in the lotX 15 Remove 2-hour on-street time limits, while retaining the 20-m Add parking signs and pavement markings to spaces on Pacifica Drive next to the 16 X Library Field. 17 Develop an overflow parking planX 17a Discourage City employees from parking during peak community hall eventsX 17b Add valet parking for large eventsX Source: Fehr & Peers, March 2012, revised July 2012 JULY 26, 2012 | 7 26 Next Steps 4§¤ #¨µ¨¢ #¤­³¤± - ²³¤± 0« ­ &± ¬¤¶®±ª ²¤³² ³§¤ ¥®´­£ ³¨®­ ¥®± ­ 4§¤ ­¤·³ ²³¤¯² ¨­ ³§¤ ¯« ­­¨­¦ ¯±®¢¤²² ¨­¢«´£¤ - ²³± ³¤¦¸ 4§¨² ¶®´«£ ¨­¢«´£¤ ¤­¦ ¦¤¬¤­³ ¶¨³§ ³§¤ #¨³¸ #®´­¢¨«  ­ ³§¤ ¢®¬¬´­¨³¸  ³« ±¦¤ 3¤«¤¢³¨­¦  ­£ ¯±¨®±¨³¨¹¨­¦ ¢¨±¢´« ³¨®­  ­£ ¯ ±ª¨­¦ ²®«´³¨®­²þ ¶§ ¬ ¸ ±¤°´¨±¤  ££¨³¨®­ «  ­ «¸²¤² ®¥ ¢¨±¢´« ³¨®­  ­£ ¯ ±ª¨­¦ ¯ ³ ³¤±­²þ ¨­¢«´£¨­¦  ­ ¨¬¯«¤¬¤­³ ³¨®­ ²³± ³¤¦¸ 8 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 27 2. 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¯±®¬¨­¤­³ ¤­³± ­¢¤ ³® ³§¤ ¡´¨«£¨­¦ ¨²  ¢±®²² ¥±®¬ -¤¬®±¨ « '±® ­¤¶ ¯ µ¨­¦ ¬ ³¤±¨ « ¢®­­¤¢³¨­¦ ³§¤ ³¶® ,¨¡± ±¸ &¨¤«£ ­®¶ ¶®±ª² ¶¨³§ ³§¤ 4¤¤­ #¤­³¤±  ­£ ¤·¯ ­£² ¨³² ±¤¢±¤ ³¨®­ « ®¥¥¤±¨­¦² ³® ¬ ¦±®´¯² #±¨¢ª¤³ ¨² ±¤³ ¨­¤£þ ³¶® (‘) ¡ ²ª¤³¡ ««  µ®««¤¸¡ «« ¢®  ±¤   ­£ ®³§¤± ±¤¢±¤ ³¨®­ « ´²¤²  ±¤  ££¤£  «³§®´¦§   ¥´«« ±¤¦´« £¤¬®­²³± ³¨®­ ¦ ±£¤­ ¥¤ ³´±¨­¦ ­ ³¨µ¤ ¯« ­³ ¬ ³¤±¨ «² ¶¨³§ « ­£² ±¤«®¢ ³¨®­ ®¥ ³§¤ 2®³ ±¸ (¤±¨³ ¦¤ '±®µ¤ ,¨ª¤ ³§¤ #¨µ¨¢ .¤³¶®±ª !«³¤±­ ³¨µ¤þ ³§¤ #¨µ¨¢ 9®´³§ !«³¤±­ ³¨µ¤ ­¤¶ ¢±¤¤ª²¨£¤ ³± ¨« ¯±®µ¨£¨­¦   ² ¥¤  ­£ ¯«¤ ² ­³ ­®±³§²®´³§ ¢  ££¨³¨®­ ³® ³§¤ ¯ ±ª¨­¦ ´­£¤± ³§¤ 4¤¤­ #¤­³¤±þ  ££¨³¨®­ « ¯ ±ª¨­ ¡¤§¨­£ #®¬¬´­¨³¸ ( «« 3´²³ ¨­ ¡¨«¨³¸ ¥¤ ³´±¤² ¨­¢«´£¤ ³§¤ ´²¤ ® ¯ µ¨­¦ ¬ ³¤±¨ «²  ­£ ¯§®³®µ®«³ ¨¢ ¯ ­¤«²  ³®¯ ³§¤ 4¤¤­ #¤­³¤± 12 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 31 Figure E: Alternative 2: Civic Youth Existing NEW DEMONSTRATION City GARDEN Hall NEW DEMONSTRATION GARDEN Community Hall Library Plaza Cupertino Library NEW PAVING NEW YOUTH CENTER Memorial Grove NEW PHOTOVOLTAICS NEW NEW YOUTH PLAY CENTER GROUND Library 15,000 SF Field + UNDER GROUND PARKING (170 spaces) BASKETBALL CRICKET NEW PLAYGROUND FIELD ONSITE PARKING TABULATION: EXISTING SUPPLY: 224 NEW SPACES: 186 SPACES DISPLACED: -26 TOTAL SPACES: 384 NEW CREEK TRAIL NEW SIGNAGE AND STRIPING FOR PARKING CIVIC YOUTH 050’100’200’ JULY 26, 2012 | 13 32 Alternative 3: Civic Life 4§¤ #¨µ¨¢ ,¨¥¤ !«³¤±­ ³¨µ¤ ¤²³ ¡«¨²§¤²   «®¢´² ®¥ ¢®¬¬´­¨³¸ ¥ ¢¨ ³§¤ ­®±³§¤±­ § «¥ ®¥ ³§¤ ²¨³¤ )³ ¤­±¨¢§¤² ¢®¬¬´­¨³¸ «¨¥¤ ¶¨³§   #®¬¬´­¨³¸ #¤­³¤±  £© ¢¤­³ ³®   ±¤¡´¨«³ #¨³¸ ( «« $¤¯¤­£¨­¦ ®­ ³  ­£ ¶¨²§¤² ®¥ #´¯¤±³¨­® ±¤²¨£¤­³²þ ³§¤ #®¬¬´­¨³¸ #¤­³¤± ¢®´«£ ¨­ ¬¤¤³¨­¦ ±®®¬²þ ¢« ²²±®®¬²þ ¯¤±¥®±¬ ­¢¤ ²¯ ¢¤²  ­£ ¤·§¨¡¨³¨®­² ²¯ ¨­³¤¦± ³¤² ¶¨³§   ±¤¥´±¡¨²§¤£ ,¨¡± ±¸ 0« ¹ þ ¶§¨¢§ ¨­¢®±¯®± ³¤² 4§¨²  «³¤±­ ³¨µ¤ ²§¨¥³² ³§¤ 4®±±¤ !µ¤­´¤ £±¨µ¤¶ ¸ ²«¨¦§³«¸ ²®´³§   £®´¡«¤²¨£¤£ ¯ ±ª¨­¦  ¨²«¤  ­£  ££¨³¨®­ « ¯ ±ª¨­¦ ²¯ ¢¤² ¨­ ³§ ®­¤«¤µ¤« ¯ ±ª¨­¦ ²³±´¢³´±¤ ´­£¤± ³§¤ ­¤¶ #¨³¸ ( ««  ­£ #®¬¬´­¨³  «³¤±­ ³¨µ¤ ¨­¢«´£¤²  ££¨³¨®­ « ¯ ±ª¨­¦ ¡¤§¨­£ #®¬¬´­¨³¸ ( «« 4§¤ #¨µ¨¢ ,¨¥¤ !«³¤±­ ³¨µ¤ ¶ ² ³§¤ ¯±¤¥¤±¤­¢¤ ®¥ ³§¤ #¨³¸ ² ¬´«³ ¶®±ª¨­¦ ¦±®´¯ ¥®±   ­´¬¡¤± ®¥ ±¤ ²®­² - £¨³¨®­² ³® ¯ ±ª¨­¦ ²´¯¯«¸ ®µ¤± ³¨¬¤  ­£  ­ ¤­§ ­¢¤£ ¥®¢´² ®­  ¢ ³¨µ¤þ §¤ «³§¸ ´²¤ ®¥  «³¤±­ ³¨µ¤ ¬®£¤² ¥®± #¨³¸ ¶®±ª¤±²þ µ¨²¨³®± «¨¡± ±¸ ¯ ³±®­²  «¨ª¤ !££¨³¨®­ ®¥ ¨¬¯±®µ¤£ ¯ ±ª¨­¦  ­£ ¯ ±ª ¤£¦¤ ´²¤²  «®­¦ ³§¤ 4®±±¤ !µ¤­´¤ £±¨µ¤¶ ¸ ¶¨³§®´³ ­¤¦ ³¨µ¤ ¤¥¥¤¢³² ®­ ³§¤ -¤¬®±¨ « '±®µ¤ ®± ³§¤ ,¨¡± ±¸ &¨¤«£ÿ %­§ ­¢¤£ ¢®­¢¤­³± ³¨®­ ®¥ ¢¨µ¨¢ ´²¤²  ³ ³§¤ §¤ ±³ ®¥ ³§¤ #¨µ¨¢ # ³¤± ¶¨³§ ¥ ¢¨«¨³¨¤² ³® ¤·¯ ­£ ³§¤ £¨µ¤±²¨³¸ ®¥ #¨³¸ ´²¤±²þ  ££   ¦¤± ¢´«³´± « ¥®¢´²  ­£  ££ ³® ³§¤ ¬¤­´ ®¥ ²§ ±¤£ ¥ ¢¨«¨³¨¤²þ ³§¤ ¤·¯ ­£¨­¦ ´²¤²  ³ #¨µ¨¢ #¤­³¤±ÿ - µ¨£¨­¦   ¡´¨«£¨­¦ ³§ ³ ¬¤¤³² ±¤°´¨±¤£ ² ¥¤³¸ ²³ ­£ ±£²  ­£ ¤²²¤­ ³¨ « ¥´­¢³¨®­² ¶¨³§þ ´¯³®£ ³¤ ²¤±µ¨¢¤²  ­£ ²¸²³¤¬²ÿ   ¯±®´£ ¨¬ ¨­   #¨³¸ ¶¨³§   ¥®¢´² ®­ ²¤±µ¨¢¤  ­£ ²¸²³¤¬² ³§¨­ª¨­¦ÿ  ­£ ¦±¤  - ¯®³¤­³¨ « ¥®±  ££¨³¨®­ ®¥ ¯ ±ª¨­¦ ¥ ¢¨«¨³¨¤² ³® ±¤¨­¥®±¢¤ ³§¤ ­¤  «®­¦ ¶¨³§ ¡¨¢¸¢«¤þ ¯¤£¤²³±¨ ­  ­£ ®³§¤± ¤­§ ­¢¤¬¤­³²  ¯¤±§ ¯² ¤µ¤­ ©´²³¨¥¸¨­¦ ³ ±¦¤³¤£ ²§´³³«¤ ²¤±µ¨¢¤² 14 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 33 Figure F: Alternative 3: Civic Life NEW COMMUNITY & CONFERENCE CENTER Rodrigues Avenue NEW COMMUNITY NEW CITY CENTER HALL 25,000 SF 35,000 SF W/ UNDER GROUND PARKING NEW PERFORMANCE AREA (150) SPACES Library Community Plaza Hall Cupertino Library NEW ‘FESTIVAL’ PLAZA Memorial Grove NEW PAVING 21 NEW SPACES NEW PICNIC AREA Soccer Field Soccer Field Library Cricket Field NEW PICNIC AREA NEW PLAYGROUND NEW PARKING TABULATION: PLAY GROUND EXISTING SUPPLY: 224 NEW SPACES: 187 SPACES DISPLACED: -54 TOTAL SPACES: 357 NEW SIGNAGE AND STRIPING FOR PARKING CIVIC LIFE NEW CREEK TRAIL 050’100’200’ JULY 26, 2012 | 15 34 16 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 35 3. CONTEXT ANALYSIS " ²¤£ ®­  µ ¨« ¡«¤ ¨­¥®±¬ ³¨®­þ ±¤µ¨¤¶ ®¥ ¤·¨²³¨­¦ £ ³ þ ¯« ­²    ­£ ®­²¨³¤ ®¡²¤±µ ³¨®­²þ ³§¤ 0¤±ª¨­²Ç7¨«« ³¤ ¬  ­ «¸¹¤£ ³§¤ #¨µ ¢®­³¤·³  ­£ ²¨³¤ ¢§ ± ¢³¤±¨²³¨¢² ®¥ ³§¤ #¨µ¨¢ #¤­³¤± Overview #´¯¤±³¨­® ² #¨µ¨¢ #¤­³¤± ²¨³² ¦¤®¦± ¯§¨¢ ««¸ ­¤ ± ³§¤ ¢¤­³¤± ®¥ ¨­ ¬ ­¸ ¶ ¸² ¨² §¨££¤­ ¥±®¬ µ¨¤¶ ¥±®¬ ¯±¨¬ ±¸ ²³±¤¤³² 4§¤ « ²³ ®¥ ¯« ­­¨­¦  ­£ ¢®­²³±´¢³¨®­  ³ ³§¤ #¨µ¨¢ #¤­³¤± ¡±®´¦§³ ³§¤ ¢¤­ ¢«®²¤«¸ ¨­³® ³§¤ £ ¨«¸ «¨¥¤ ®¥ ±¤²¨£¤­³²  ­£ µ¨²¨³®±² ¡¸ ³§¤ ¢®¬ ¤·¢¤««¤­³ ­¤¶ «¨¡± ±¸þ ¢®¬¬´­¨³¸ § ««þ  ­£ «¨¡± ±¸ ¯« ¹  ¡´¨«£¨­ )­  ££¨³¨®­þ ³§¤ 4®¶­ #¤­³¤± £¤µ¤«®¯¬¤­³ ¡¤³¶¤¤­ 4®±±¤  ­£ $¤!­¹ ¨­µ¨³¤² ¢®­­¤¢³¨®­² ³§±®´¦§ ³® ³§¤ #¨µ¨¢ #¤­³¤±  ­£ ¤·³¤­£²  ­ ¨ ¶¤«¢®¬¨­¦ ¶ «ª¨­¦ ¢®­­¤¢³¨®­ ³§±®´¦§ ³§¤  ±¤  4§¨² ­¤·³ ±®´­£ ¢ ­ ¥´±³§¤±  £µ ­¢¤ ³§®²¤ ¯®³¤­³¨ «² ¥®± ¯®¯´« ± £¤²³¨­ ³¨®­²þ ´ making. Site Context  General Plan (Figure G) #´¯¤±³¨­® ² '¤­¤± « 0« ­ ±¤¢®¦­¨¹¤² ³§¤ ¨¬¯®±³ ­¢¤ ®¥ ³§¤ #¨³¸ ² )³ ¨­¢«´£¤² ³¶® ¯®«¨¢¨¤² ¯ ±³¨¢´« ±«¸ ±¤«¤µ ­³ ³® ³§¤ #¨µ¨¢ #¤­³ 0®«¨¢¸ ‘‘–  (¤ ±³ ®¥ ³§¤ #¨³¸ ¨¬ ¦¤  «®­¦ 3³¤µ¤­² #±¤¤ª "®´«¤µ ±£ ®¥ ¬¨·¤£ ´²¤ £¤µ¤«®¯¬¤­³þ - ¢¤²² ¥®±  «« ¬®£¤² ®¥ ³± ­²¯®±³ ³¨®­ 0®«¨¢¸ ‘’“  #¨³¸ #¤­³¤± ¬®£¤± ³¤²¢ «¤þ ¬¤£¨´¬ £¤­²¨³¸þ ¬¨·¤£ ´²¤ £¨²³±¨¢³ ³§ ³ ¶¨«« ¯±® µ¨£¤ ¢®¬¬´­¨³¸ ¨£¤­³¨³¸  ­£  ¢³¨µ¨³¸  ­£ ¶¨«« ²´¯¯®±³ ±¤³ ¨« ´²¤ ¨­ ³§¤ #±®²²±® £² !±¤  Site Context  Heart of the City Specific Plan (Figure H) £¤µ¤«®¯¨­¦   (¤ ±³ ®¥ ³§¤ #¨³¸þ ¢®¬¯±¨²¨­¦   ¢®««¤¢³¨®­ ®¥ ¯¤£¤² ¦ ³§¤±¨­¦ ¯« ¢¤² ³§ ³ ¶¨«« ¢±¤ ³¤   ¯®²¨³¨µ¤  ­£ ¬¤¬®± ¡«¤ ¤·¯¤± ±¤²¨£¤­³²  ­£ µ¨²¨³®±² ¨­ #´¯¤±³¨­® Civic Center Environs (Figure I) '¤­¤± ««¸ «®¢ ³¤£ ­¤ ± ³§¤ ¢¤­³¤± ®¥ ³®¶­þ #¨µ¨¢ #¤­³¤± ¨² ¨­  ­ ¥´««¸ £¤µ¤«®¯¤£   ²§®±³ £¨²³ ­¢¤ ¥±®¬ ³§¤ ¨­³¤±²¤¢³¨®­ ®¥ 3³¤µ¤­ "®´«¤µ ±£  ­£ $¤!­¹  "®´«¤µ ±£ )³ ¨² ­¤ ± # «¨ -¨«« 0« ¹ þ   «  ´²¤ £¤µ¤«®¯¬¤­³þ % ³®­ %«¤¬¤­³ ±¸ 3¢§®®«  ­£ ¤²³ ¡«¨²§¤£ ¢®¬¬¤±¢ ±¤²¨£¤­³¨ «  ±¤ ² Civic Center Past and Present (Figure J) ®±¢§ ±£² ¶¨³§   ²¬ «« ³®¶­ ²¤³³«¤¬¤­³  ³ ³§¤ ¢®±­¤± ®¥ 3³¤µ¤­² # $¤!­¹  "®´«¤µ ±£² JULY 26, 2012 | 17 36 Generalized Land Use (Figure K) #¨µ¨¢ #¤­³¤± ¨²  ³ ³§¤ ­¤·´² ®¥ ±¤²¨£¤­³¨ «  ­£ ¬¨·¤£´²¤ ¢®¬¬¤±  ¥¥®±£¨­¦ ®¯¯®±³´­¨³¨¤² ¥®± ¢®¬¬´­¨³¸  ¢³¨µ¨³¨¤² ³®   µ ±¨¤³¸ ®¥  ­£ ¡´²¨­¤²² ´²¤±² !³ ³§¤ ² ¬¤ ³¨¬¤ ³§¨² ¡´²¸ £¤²³¨­ ³¨®­ ¬´²³ ¶¨³§ ¢®­³¨­´¤£ ±¤²¨£¤­³¨ « ´²¤ ¨­ ³§¤ ²´±±®´­£¨­¦  ±¤  Area Land Use (Figure L) !£© ¢¤­³ ´²¤² ¨­¢«´£¤ ¬´«³¨¥ ¬¨«¸  ­£ ²¨­¦«¤¥ ¬¨«¸ ±¤²¨£¤­³¨ « ¢®¬¬¤±¢¨ « ´²¤² þ ¨­¢«´£¨­¦ ³§¤ ¬ ©®± ¢®¬¬¤±¢¨ « ¢®±±¨£®±² ®¥ 3³  ­£ $¤!­¹  "®´«¤µ ±£²ÿ ¨­²³¨³´³¨®­ «¤£´¢ ³¨®­ « ´²¤²ÿ  ­£ ®¯¤­  ¬¤­¨³¨¤² .®£¤² ®¥ ­¤ ±¡¸  ¢³¨µ¨³¸ ¨­¢«´£¤ # «¨ -¨«« 0« ¹ ÿ 4 ¶¨³§ ¨³² ²³®±¤²  ­£ ±¤²¨£¤­³²  ¢±®²² ¥±®¬ ,¨¡± ±¸ 0« ¹   ­£ ²¤±µ #¤­³¤± ´²¤±²ÿ  ­£ % ³®­ %«¤¬¤­³ ±¸ 3¢§®®« Area Circulation (Figure M) 4§¤ #¨µ¨¢ #¤­³¤± ¨² ¶¤«« ²¤±µ¤£ ¡¸   ¢®««¤¢³¨®­ ®¥  ±³¤±¨ «þ ¬¨­  ­£ «®¢ « ±® £¶ ¸² 3³¤µ¤­² #±¤¤ª "®´«¤µ ±£þ  ¡®´³   ®­¤ ³§¨±£ ® ,¨¡± ±¸ 0« ¹ þ ¨²  ­  ±³¤±¨ « ±® £¶ ¸ ¶¨³§ ¡¨ª¤ « ­¤²  ­£ ³± ­²¨ ¯±®¯®²¤£ ±®´³¤ ¥®± ¡´² ± ¯¨£ ³± ­²¨³ 0¤£¤²³±¨ ­² ¢ ­ ¶ «ª ³® ³§ ¥±®¬ 3³¤µ¤­² #±¤¤ª "®´«¤µ ±£ ³§±®´¦§ # «¨ 0« ¹   ­£  «®­¦ 4®±±¤ $¤!­¹  "®´«¤µ ±£þ   ¯±®¯®²¤£ ¡¨ª¤ ±®´³¤þ ¨²  ­®³§¤± ­¤ ±¡¸  ±³¤± ¶¨³§ ³± ­²¨³ ²³®¯² 0¤£¤²³±¨ ­² ¢ ­  ¢¢¤²² ³§¤ #¨µ¨¢ #¤­³¤± µ¨    ¢®¬¬¤±¢¨ «  ±¤  ¯±®µ¨£¨­¦  ¬¤­¨³¨¤² ³® ²´±±®´­£¨­¦  ±¤ ²þ ¨­¢« #¨µ¨¢ #¤­³¤± 0±®¯®²¤£ ¡¨ª¤ ±®´³¤² ¢®­­¤¢³ ³® #¨µ¨¢ #¤­³¤± ®­ 4®  ­£ 2®£±¨¦´¤² !µ¤­´¤ 18 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 37 Figure G: Site Context - General Plan HighDensityResidentialandVallcoRegionalVallco NeighborhoodCommercialCommercial,Light EntertainmentIndustrial NorthDeAnza LightIndustrial andResidentialR&D andResidentialMixedUse MixedUse Sunnyvale LosAltos 280 CrossroadsArea Heart Commercial SantaClara ofthe 85 City Monta Civic Center Vista StevensCreekBlvd.Neighborhood Commercial,OfficeandResidential McCLELLAN ROAD BubbRoad LightIndustrial andResidential MixedUse SanJose MixedUseCivic, Office,Commercial andResidential SouthDeAnza RAINBOW DRIVE NeighborhoodCommercial/ OfficeCorridorandResidential StevensCreek Reservoir Saratoga Legend Civic Center Office/IndustrialUrbanEdge HillsideTransition HighDensityResidential CityBoundary Educational UrbanServiceAreaBoundary Neighborhood SphereofInfluence CommercialCorridors BoundaryAgreementLine Commercial UnincorporatedAreas FreewaysandExpressways MontaVistaArea NeighborhoodCommercialCenter 00.51Mile 0100020003000Feet SubjecttoHeartoftheCity 05001000Meters SpecificPlan Source: City of Cupertino General Plan 2000 - 2020 JULY 26, 2012 | 19 38 Figure H: Site Context - Heart of the City Specific Plan 280 HAZELBROOK DR GARDENGATE DR LAZANEO DR AMHERST DR FOREST AVE ALVES DR WHEATON DR CROSSROADSEAST STEVENS CREEK BLVD CENTRAL WEST SCOFIELD DR BIXBY DR PRICE AVE SUNRISE DR RODRIGUES AVE SHELLEY DR 85 CHERYL DR PACIFICA DR MCCLELLAN RD CIVIC SILVERADO AVE CENTER LEGEND Heart of the City Specic Plan Area Boundary South De Anza Boulevard Conceptual Plan Area South De Anza Boulevard Special Area* City Center Sub-Area South Vallco Master Plan Area *South De Anza Boulevard Special Area – All properties with fron and Town Center development are not required to install Heart of Civic Center Source: City of Cupertino  Heart of the City Specific Plan 20 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 39 Figure I: Civic Center Environs STEVENS CREEK BOULEVARD Cali Mill Plaza LAS ONDAS WAY Civic Center SOMERSET DRIVE PACIFICA DRIVE PACIFICA DRIVE SUISUN DRIVE SILVERADO AVENUE EATON ELEMENTARY SCHOOL Source: Google map JULY 26, 2012 | 21 40 Figure J: Civic Center Past and Present CUPERTINO IN 1948 CUPERTINO IN 2011 22 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 41 Figure K: Generalized Land Use STEVENS CREEK BOULEVARD CALI PLAZA Commemoration Site: City of Cupertino Crossroads COMMERCIAL/ RESIDENTIAL MIXED USE LAS ONDAS WAY SOMERSET DRIVE CIVIC PACIFICA DRIVE PACIFICA DRIVE SUISUN DRIVE SILVERADO AVENUE EATON ELEMENTARY SCHOOL Source: City of Cupertino General Plan; City of Cupertino  Heart of the City Specific Plan. CIVIC CENTER JULY 26, 2012 | 23 42 Figure L: Area Land Use STEVENS CREEK BOULEVARD CALI MILL PLAZA LAS ONDAS WAY CIVIC TOWN CENTER CENTER SOMERSET DRIVE LIBRARY FIELD PACIFICA DRIVE SUISUN DRIVE SILVERADO AVENUE EATON ELEMENTARY SCHOOL Source: City of Cupertino General Plan LEGEND ACTIVITY NODE COMMERCIALINSTITUTIONAL / EDUCATIONAL OPEN SPACE SINGLE FAMILY RESIDENTIALOPEN SPACE MULTI FAMILY RESIDENTIALCIVIC CENTER 24 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 43 Figure M: Area Circulation STEVENS CREEK BOULEVARD PROPOSED VTA BUS RAPID TRANSIT CALI MILL PLAZA LAS ONDAS WAY CIVIC TOWN CENTER CENTER SOMERSET DRIVE LIBRARY FIELD PACIFICA DRIVE SUISUN DRIVE SILVERADO AVENUE EATON ELEMENTARY SCHOOL Source: City of Cupertino General Plan 2000 - 2020; Bicycle Tran EXISTING BICYCLE LANECIVIC CENTER LEGEND ARTERIAL PROPOSED BICYCLE LANEPEDESTRIAN MOVEMENT VEHICULAR SITE ENTRY MINOR COLLECTOR PROPOSED BUS RAPID TRANSITEXISTING BICYCLE ROUTEACTIVITY NODE LOCAL STREET PROPOSED PROPOSED BIKE ROUTEOPEN SPACE BUS STOP JULY 26, 2012 | 25 44 26 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 45 4. SITE ANALYSIS, OPPORTUNITIES AND CONSTRAINTS " ²¤£ ®­  µ ¨« ¡«¤ ¨­¥®±¬ ³¨®­þ ±¤µ¨¤¶ ®¥ ¤·¨²³¨­¦ £ ³ þ ¯« ­²    ­£ ®­²¨³¤ ®¡²¤±µ ³¨®­²þ ³§¤ 0¤±ª¨­²Ç7¨«« ³¤ ¬  ­ «¸¹¤£ ³§¤ #¨µ ¢®­³¤·³  ­£ ²¨³¤ ¢§ ± ¢³¤±¨²³¨¢² ®¥ ³§¤ #¨µ¨¢ #¤­³¤± Overview #´¯¤±³¨­® ² #¨µ¨¢ #¤­³¤± ¨² ¢®¬¯ ¢³  ­£ ¶ «ª ¡«¤ ¶¨³§   ±¨¢§ ¢®« ®¥ ¢®¬¬´­¨³¸ ¥ ¢¨«¨³¨¤² ²¤±µ¨­¦   ¢±®²²²¤¢³¨®­ ®¥ ³§¤ ¢®¬¬´­¨³¸ ¯®³¤­³¨ « ®± ¢ ¯ ¢¨³¸ ¥®±  ££¨³¨®­ « ¥ ¢¨«¨³¨¤²  ­£ ¨¬¯±®µ¤£ ¢®­ ¯´¡«¨¢ ²¯ ¢¤² ³§ ³ ¶¨«« ¡´¨«£ ´¯®­þ  ­£ ²³±¤­¦³§¤­ ¨³² ±®«¤  ²   ¢®¬¬´­¨³¸ «¨¥¤ Civic Center (Figure N) +Ç)þ ³§¤ #¨µ¨¢ #¤­³¤± ¢®­²¨²³² ®¥   ­´¬¡¤± ®¥ ¢®¬¬´­¨³¸ ¥ ¢¨«¨³¨¤² ¨­¢«´£ #¨³¸ ( ««þ ¶§¨¢§ ¥ ¢¤² ²³±´¢³´± « ¢§ ««¤­¦¤² ­®¶ ´­£¤± ²³´£¸ÿ #®¬¬´­¨³¸ ( ««þ   ¬¤¤³¨­¦ ¥ ¢¨«¨³¸ ¶§¤±¤ ³§¤ #¨³¸ #®´­¢¨« ¬¤¤³²ÿ #´¯¤±³¨­® ,¨¡± ±¸þ   ¯®¯´« ± ¥ ¢¨«¨³¸ ¥®± ±¤²¨£¤­³² ®¥  ««  ¦¤²ÿ ,¨¡± ±¸ 0« ¹ þ ¨­¢«´£¤² 2®³ ±¸ (¤±¨³ ¦¤ '±®µ¤  ­£   ¯®¯´« ± ¥®´­ ³ ¨­ ¡´³ ®³§¤±¶¨²¤ ´­£¤±´³¨«¨¹¤£ÿ -¤¬®±¨ « '±®µ¤ ¶¨³§ ¬ ³´±¤ ³±¤¤²ÿ !²²®¢¨ ³¤£ ¯ ±ª¨­¦ «®³² 3¨²³¤± #¨³¸ '±®µ¤ Land Use (Figure O) 4§¤ #¨µ¨¢ #¤­³¤± ¨² ¨­ ¢«®²¤ ¯±®·¨¬¨³¸ ³® ²¨­¦«¤ ¥ ¬¨«¸ ­¤¨¦§¡®± ²®´³§  ­£ ¤ ²³ÿ « ±¦¤±²¢ «¤ ¬´«³¨¥ ¬¨«¸ £¤µ¤«®¯¬¤­³ ³® ³§¤ ¤ ²  ­£ ¢®¬¬¤±¢¨ « £¤µ¤«®¯¬¤­³ ³® ³§¤ ¤ ²³ Site Photos, Site Character and Urban Design Character (Figures P, Q and R)  ­£ « ­£²¢ ¯¤£ ¯ ±ª¨­¦ «®³² #¨³¸ ( ««þ #®¬¬´­¨³¸ ( ««  ­£ #´¯¤± ,¨¡± ±¸  ±¤  ±± ­¦¤£ ¨­   ¥®±¬ « ¦¤®¬¤³±¸  ­£ ²´±±®´­£  ­£ ¥± ¬¤ 0« ¹  4§¨² ¥®±¬ «  ±± ­¦¤¬¤­³ ¨² ®­  ·¨² ¶¨³§ 4®¶­ #¤­³¤±  ¢±®² !µ¤­´¤ 4§¤  ±± ­¦¤¬¤­³ ®¥ ¡´¨«£¨­¦²  «²® ¢±¤ ³¤²   «¨µ¤«¸ ¢¨µ¨¢ ¨£¤­³¨³¸  «®­¦ 4®±±¤ !µ¤­´¤ ,¨¡± ±¸ 0« ¹ þ ¶§¨¢§ ¨­¢«´£¤² § ±£²  ±¤ ²  ­£   ¡¤«®µ¤£ ¥®´­³ ¨­þ £®¤² ­®³ «¨µ¤ ´¯ ³® ¨³² ¥´«« ¯®³¤­ ¥®± ¢®¬¬´­¨³¸ «¨¥¤ JULY 26, 2012 | 27 46 )­ ¦¤­¤± «þ ³§¤ « ­£²¢ ¯¤ ¢§ ± ¢³¤± ®­ ³§¤ ²¨³¤ § ²   ¥®±¬ «  ±± ²®´³§¤±­ ¯®±³¨®­ ®¥ ³§¤ ²¨³¤ ¨­¢«´£¤² ³§¤ §¤ µ¨«¸³±¤¤£ -¤¬®±¨ «   ¢®­³¤¬¯« ³¨µ¤ ±¤¥´¦¤ ®­ ³§¤ ¡ ¢ª ²¨£¤ #´¯¤±³¨­® ,¨¡± ±¸ 4§¤ 4§¤ ¤ ²³¤±­ ¤£¦¤ ®¥ ³§¤ ²¨³¤ ¨² «¨­¤£ ¶¨³§   ¥¤­¢¤ ³§ ³ ¯±¤µ¤­³² ¯ ³§¶ ¸ ¡¤²¨£¤ ³§¤ £± ¨­ ¦¤ ¢§ ­­¤« 4§¤ ¥¤­¢¤  ­£ £± ¨­ ¦¤ ¢§ ­  ¢¢¤²² ³® ³§¤ ±¤²¨£¤­³¨ « ­¤¨¦§¡®±§®®£² £¨±¤¢³«¸ ³® ³§¤ ¤ ²³ Circulation (Figure S) 6¤§¨¢´« ±  ¢¢¤²² ³® ³§¤ #¨µ¨¢ #¤­³¤± ¨² ¯±®µ¨£¤£ ¥±®¬ 4®±±¤ !µ¤­ 2®£±¨¦´¤² !µ¤­´¤ ! "¨¢¸¢«¤ ±®´³¤ ¨² ¯±®¯®²¤£ ¥®± 4®±±¤þ  ­£ ¡¨¢ ²³®± ¦¤ ¥ ¢¨«¨³¨¤² ¢ ­ ¡¤ ¥®´­£ ®­ ,¨¡± ±¸ 0« ¹   ­£ ¡¤²¨£¤ #®¬¬ 0¤£¤²³±¨ ­ ¯ ³§¶ ¸² ¢®­­¤¢³  «« ³§¤ ¢®¬¬´­¨³¸ ¥ ¢¨«¨³¨¤² ³® ¤ ¢§ ¡¨¢¸¢«¨²³² ®± ¯¤£¤²³±¨ ­² Parking  Existing (Figures T) /­²¨³¤ ²´±¥ ¢¤ ¯ ±ª¨­¦ «®³²  ­£ ®­²³±¤¤³ ¯ ±ª¨­¦ ²¯ ¢¤² ¯±®µ¨£ µ¨²¨³®±² ³® #¨µ¨¢ #¤­³¤± $¨²¢´²²¤£ ¨­ ¦±¤ ³¤± £¤³ ¨« ¨­ 3¤¢³¨®­ ®­²¨³¤ ¯ ±ª¨­¦ «®³ § ² ‘‘“ ²¯ ¢¤² /³§¤± ¯±¨µ ³¤ ®¥¥²¨³¤ ¯ ±ª¨ ®­ ¢®¬¬¤±¢¨ « ¯±®¯¤±³¨¤²  ¢±®²² 4®±±¤ !µ¤­´¤þ  ­£ ¨¥ ©®¨­³ ´²¤    ±¤ £¤µ¤«®¯¤£þ ³§¤¸ ®¥¥¤± ³§¤ ¯®³¤­³¨ « ¥®±  ££¨³¨®­ « ¯ ±ª¨­¦ ¢ ­®­¶®±ª §®´±² Parking  Potential New (Figure U) ! ­´¬¡¤± ®¥ ®¯³¨®­²  ±¤  µ ¨« ¡«¤ ³® ¨­¢±¤ ²¤ ³§¤ ¯ ±ª¨­¦ ²´¯¯«¸ #¨µ¨¢ #¤­³¤± 4§¤¸ ¨­¢«´£¤ ¯®³¤­³¨ « ¯ ±ª¨­¦ ¤·¯ ­²¨®­ ®­ ³§¤ ­® ¤ ²³¤±­ ¤£¦¤² ®¥ ,¨¡± ±¸ &¨¤«£ÿ ¨­ ­¤¶ ´­£¤±¦±®´­£ ¯ ±ª¨­¦ ¥ ¢¨« ¯®³¤­³¨ « ­¤¶ ¡´¨«£¨­¦²  ³ #¨³¸ ( «« ®± ,¨¡± ±¸ &¨¤«£ÿ  «®­¦ 4® ¡¸ ¨¬¯«¤¬¤­³¨­¦ £¨ ¦®­ « ²¯ ¢¤² (±¤°´¨±¨­¦ ¬®µ¨­¦ ®¥ ²¨£¤¶ «ª  ­ ¡ ¢ª ¥±®¬ ³§¤ ²³±¤¤³)ÿ  ­£ ¡¸ ²§ ±¨­¦ ²¯ ¢¤² ¨­ ¯ ±ª¨­¦ «®³² ®­ £¤µ¤«®¯¬¤­³ ²¨³¤²  ¢±®²² 4®±±¤ !µ¤­´¤ Generalized Usage Pattern (Figure V) #¨µ¨¢ #¤­³¤± 4§¤ ¥ ¢¨«¨³¨¤² ³¤­£ ³® ¡¤ °´¨¤³¤± ¨­ ³§¤ ¬®±­¨­¦ÿ ¬®±¤ §¤ µ¨«¸ ´²¤£ ®­ ¶¤¤ª£ ¸  ¥³¤±­®®­²þ ¶§¤­ ³§¤ #¨³¸ ( ««þ #® ( ««  ­£ #´¯¤±³¨­® ,¨¡± ±¸þ ¨­  ££¨³¨®­ ³® ,¨¡± ±¸ &¨¤«£þ  ±¤ ¤· ³§¤¨± §¤ µ¨¤²³ ´²¤þ  ­£ ®­ ¶¤¤ª¤­£² 28 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 47 Opportunities and Constraints (Figure W) 4§¤ ²¨³¤ ®¥¥¤±²   ­´¬¡¤± ®¥ ®¯¯®±³´­¨³¨¤²þ  ­£ ²®¬¤ ¢®­²³± ¨­³²þ ¢®¬¬´­¨³¸ «¨¥¤  ­£ µ¨³ «¨³¸  ³ #¨µ¨¢ #¤­³¤± /¯¯®±³´­¨³¨¤² ( ­£ include: 5²¨­¦ ³§¤ #¨³¸ ( «« ²¨³¤ ¥®±   ­¤¶ #¨³¸ § ««  ­£ ­¤¶ ¢®¬¬´­¨³¸ ¥ ¢¨«¨³¸þ ¨­¢«´²¨µ¤ ®¥ ´­£¤±¦±®´­£ ¯ ±ª¨­¦ÿ  ­£ "´¨«£¨­¦ ´¯®­ ³§¤ ¤²³ ¡«¨²§¤£ ¥®±¬ « ¦¤®¬¤³±¸ ®¥ ³§¤ ¡´¨«£¨­¦²  ­£ ®³§¤± ²¨³¤ ¥¤ ³´±¤²ÿ %­§ ­¢¨­¦ ,¨¡± ±¸ 0« ¹  ³® ¡¤¢®¬¤   ¦±¤ ³¤± ¯´¡«¨¢  ¬¤­¨³¸  ­£ ¯« ¢¤ ¥®± ¯´¡«¨¢  ²²¤¬¡«¸ÿ %­§ ­¢¨­¦ «¨­ª ¦¤² ³® 4®¶­ #¤­³¤±  ¢±®²² 4®±±¤ !µ¤­´¤ÿ - §¨¢«¤þ ¡¨¢¸¢«¨²³²  ­£®± ¯¤£¤²³±¨ ­²ÿ 2¤¬®µ¨­¦ ³§¤ ¥¤­¢¤ (  ¢®­²³± ¨­³)  «®­¦ ³§¤ ²¨³¤ ² ¤ ²³¤±­ ¤£¦¤ ¤²³ ¡«¨²§¨­¦   ¶¤«¢®¬¨­¦ ¢±¤¤ª²¨£¤ ¯ ³§  ­£ ­®±³§²®´³§ ¢¨±¢´«  ³®± ¥®± ¡¨ª¤²  ­£ ¯¤£¤²³±¨ ­²ÿ %·¯ ­£¨­¦ ¯ ±ª¨­¦  «®­¦ ³§¤ ¤£¦¤² ®¥ ,¨¡± ±¸ &¨¤«£  ­£ ¡¤§¨­£ #®¬¬´­¨³¸ ( ««ÿ 5²¨­¦   ¯®±³¨®­ ®¥ ,¨¡± ±¸ &¨¤«£ ¥®±   ­¤¶ ³¤¤­ ¢¤­³¤±þ ¨­¢«´²¨µ ´­£¤±¦±®´­£ ¯ ±ª¨­¦ Potential New Program Components (Figure X) $¤¯¤­£¨­¦ ´¯®­ ¢®¬¬´­¨³¸ ²¤­³¨¬¤­³þ #¨µ¨¢ #¤­³¤± ¢®´«£  ¢¢®¬¬®£  ¢®¬¬´­¨³¸ ¥ ¢¨«¨³¨¤²  ­£ ¯±®¦± ¬²þ ²´¢§  ² #®¬¬´­¨³¸ #¤­³¤±þ ¶¨³§ ¬¤¤³¨­¦ ±®®¬²þ ¢« ²²±®®¬²  ­£   ³¤¤­ ®±   ²¤­¨®± ¢¤­³¤±þ ¯¤±¥®±¬ ­¢¤ ²¯ ¢¤ 4¤¤­ #¤­³¤± ¶¨³§   µ ±¨¤³¸ ®¥ ²®¢¨ « ²¯ ¢¤²þ ¦ ¬¤ ±®®¬þ ¢®¬¯´³¤± « ¡þ ²³´£¸ ²¯ ¢¤²þ ¢« ²²±®®¬²  ­£   ª¨³¢§¤­  ² ¶¤««  ² ®´³£®®± ± ±¤ ³¨®­ ²´¢§  ² ¡ ²ª¤³¡ ««  ­£ µ®««¤¸¡ ««ÿ /´³£®®± #®¬¬´­¨³¸ 3¯ ¢¤þ ¶¨³§ ²´¢§  ¬¤­¨³¨¤²  ²  ­  ¬¯§¨³§¤  ³¤±þ ¯« ¸¦±®´­£þ ¯¨¢­¨¢  ±¤ ²þ  ­£ ¥¤²³¨µ «  ­£ ¤µ¤­³ ²¯ ¢¤² JULY 26, 2012 | 29 48 Figure N: Civic Center CITY HALL ROTARY HERITAGE GROVE LIBRARY PLAZA COMMUNITY HALL SISTER CITY GROVE LIBRARY PARKING MEMORIAL GROVE LIBRARY FIELD 050’100’200’ Source: Google map 30 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 49 Figure O: Land Use City Hall LibraryLLiibbbb L Library L Library L Library yyy Community Hall Cupertino Library Memorial Grove Library Field 050’100’200’ LEGEND COMMERCIALMULTI FAMILY RESIDENTIAL SINGLE FAMILY RESIDENTIALOPEN SPACE JULY 26, 2012 | 31 50 Figure P: Site Photos CITY HALLLIBRARY PLAZA & COMMUNITY HALL Civic Center CUPERTINO LIBRARYCORRIDOR BETWEEN COMMUNITY HALL AND CUPERTINO LIBRARY PACIFICA DRIVE MEMORIAL GROVECREEK TORRE AVELIBRARY FIELDPARKING SPACE CLOSE TO LIBRARY 32 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 51 Figure Q: Site Character Prevailing Winds City Parking Hall Las Ondas Way “Sister City” Grove Rotary Heritage Town Center Grove Community Library Plaza Hall Cupertino Library Parking Memorial Somerset Drive Grove Library Field Soccer Field 300’ Cricket Field Sun Path 050’100’200’ LEGEND BARRIER / EDGE AT FORMAL LANDSCAPE - ACTIVE RECREATIONINFORMAL LANDSCAPE PARKING DRAINAGE CHANNEL FORMAL LANDSCAPE - PASSIVE RECREATIONPLAZA Library Plaza LOCAL STREET JULY 26, 2012 | 33 52 Figure R: Urban Design Character City Hall Library Plaza Community Town Center Hall Cupertino Library Memorial Grove Library Field 050’100’200’ 34 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 53 Figure S: Circulation City Hall Library Plaza Community Town Center Hall Cupertino Library Library Field 050’100’200’ LEGEND LOCAL STREETPEDESTRIAN CONNECTIONPARKING BICYCLE EXISTING VEHICULAR ACCESSPEDESTRIAN ACCESSVEHICULAR SITE ENTRY POINT BICYCLE PROPOSED BICYCLE PARKING JULY 26, 2012 | 35 54 Figure T: Parking - Existing ELECTRIC VEHICLE NO LIMIT (2) (8) Parking City (commercial) Hall CITY PARKING (58) Library Plaza Community Town Center Hall Cupertino Library LIBRARY PARKING (166) Library Parking Field (commercial) NO LIMIT (14) (6) NO LIMIT (6) NO LIMIT 050’100’200’ LEGEND NUMBER OF NET ON-SITE SURFACE PARKINGOFF-SITE SURFACE PARKINGON-STREET PARKING (XX) = NEW PARKING SPACE 36 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 55 Figure U: Parking - Potential New UNDERGROUND PARKING Parking (106) City (73) Hall E Las Ondas Way H Library Plaza Community Town Center Hall A Cupertino Cupertino Civic Center Master Plan Library Potential Additional Parking F&P New Displaced ItemMemoSpacesSpacesNet Gain SpacesNet Gain On-Site Surface A 16 2160 16 B 47 5a53(6) 47 C 21 5c210 21 G ON-STREET D 65 5b68(3) 65 Somerset Drive DIAGONAL On-Site Underground (24) E 106 150(44) 106 F 165 6170(5) C OPTION 2 165 (21) On-Street G OPTION 1 24 B 360(36) 24 (47) I Off-Site Surface H 73 730 73 F I 104 1040 104 Library Field Parking UNDERGROUND (104) D PARKING (165) 050’100’200’ LEGEND ON-SITE SURFACE PARKINGON-STREET DIAGONAL PARKINGEXISTING PARKING NUMBER OF NET (XX) = ON-SITE SURFACE UNDERGROUND PARKINGOFF-SITE SURFACE PARKING NEW PARKING SPACE JULY 26, 2012 | 37 56 Figure V: General Usage Pattern OPEN HOURS City Hall City City Monday to Thursday: Hall Hall 7:30 am - 5:30 pm Friday: 7:30 am - 4:30 Library Library Plaza Plaza pm Community Community Hall Hall Cupertino Cupertino Community Hall Library Library Business Hours: Monday to Thursday: 8:00 am - 10:00 pm Friday: 8:00 am - 5:00 pm Saturday: 8:30 am - 4:30pm Library Library Facility Rental Hours: Field Field Sunday to Thursday: 8:00 am  10:00 pm Friday to Saturday: 8:00 am - 11:00 pm WEEKDAY MORNINGWEEKDAY AFTERNOON Library Monday to Thursday: 10:00 am - 9:00 pm City City Hall Hall Friday to Saturday: 10:00 am - 6:00 pm Library Library Plaza Plaza Sunday: 12:00 pm - Community Community Hall Hall 6:00 pm Cupertino Cupertino Library Library Library Field Daily Sunrise to Sunset Library Library Field Field WEEKDAY EVENINGWEEKEND 38 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 57 Figure W: Opportunities and Constraints Building Expansion / Underground Parking City Hall Las Ondas Way Classical Form / Geometry Library Plaza Enhancement / Community Event Space Creek-side Trail Opportunity P Community Hall Town Center Fountain Cupertino Library Linkages Opportunity Torre Avenue Parking / Memorial Somerset Drive Grove Sidewalk Enhancement Edge / Barrier to Creek P Building Expansion / Parking Expansion Underground Parking Library P Field 050’100’200’ JULY 26, 2012 | 39 58 Figure X: Potential New Program Components Community Center Meeting Rooms Classrooms Teen or Senior Center Performance Space Teen Center Event Rooms Classrooms Game Room Study Rooms Computer Lab Full Kitchen Basketball Outdoor Community Space Amphitheater Outdoor Flex Space Childrens Playground Picnic Areas Festivals Events Farmers Market Trail along the creek 40 | CUPERTINO CIVIC CENTER MASTER PLAN FRAMEWORK 59 5. CIRCULATION AND PARKING ANALYSIS 4§¤ ¥®««®¶¨­¦ ¯ ¦¤² ¯±®µ¨£¤   ¬¤¬® ¯±¤¯ ±¤£ ¡¸ &¤§± É 0¤¤±² £¤²¢ ¢¨±¢´« ³¨®­  ­£ ¯ ±ª¨­¦ ¢§ ± ¢³¤±¨²³¨¢²  ³ #¨µ¨¢ #¤­³¤± 4§¤ ¬¤¬ ¯®³¤­³¨ « ¯ ±ª¨­¦ ²®«´³¨®­² JULY 26, 2012 | 41 60 MEMORANDUM Date: July 27, 2012 To: Karen Alschuler, Perkins + Will Mark Hoffheimer, Perkins + Will From: Jane Bierstedt and Alex Sweet, Fehr & Peers Subject: Cupertino Civic Center Master Plan Parking Analysis SJ12-1334 The Cupertino Civic Center contains City Hall, Community Hall, Cupertino Library, and Library Field. As part of the planning for the Civic Center Master Plan (Master Plan), identify the parking issues and provide recommendations for parking improvement solutions, including parking supply increases, parking demand decreases, and parking management strategies. PROJECT BACKGROUND The Cupertino Civic Center is home to the Cupertino City Hall, C Field, a recreational playing field, as shown on Figure 1. The shared parking lot provides parking for all of the Civic CenterÔs employees, visitors, and city vehicles. The three uses employ a total of approxim 107 employees: 75 at City Hall, 2 at the Community Hall, and 30 at the Library. The City also uses the parking lot to store 16 city vehicles. A commute survey conducte percent of City employees drive alone to work. The Community Hall and Library hold daily, weekly, and monthly e thousands of visitors per day. Recent visitor data indicates the on a typical Friday to 2,656 visitors on a typical Tuesday. Satu 3,315 visitors. The Community Hall attracted 16,790 visitors in the 2010-2011 fiscal year, which averages to about 67 visitors per weekday. The result is a parking demand at the Civic Center that exceeds the existing parking lot supply of 224 spaces on most weekday afternoons. Many employees and visitors rhaving to circle the parking lot several times before a parking space becomes available. This can deterrent to the visitors who rely on the Civic CenterÔs programming and services. The 104 on-street parking spaces that line the perimeter of the Civic Center can help meet the existing demand. 160 W. Santa Clara Street, Suite 675 San Jose, California Phone (408) 278-1700 Fax (408) 278-1717 www.fehrandpeers.com 61 Path: N:\Projects\_SJ12_Projects\SJ12_1334_Cupertino_Civic_Centee.ai March 2012 62 July 27 , 2012 Page 3 EXISTING CONDITIONS The following section describes the existing transportation cond identifies the vehicle and bicycle parking available at the parking lot and on nearby streets. Existing transit and bicycle facilities can be seen on Figure 2. Transit Service Three Santa Clara Valley Transportation Authority (VTA) bus rout bus Routes 53 and 55 run along DeAnza Boulevard. VTA Route 55 has stops at DeAnza Boulevard / Pacifica Drive and DeAnza Boulevard / Rodrigues Avenue. VTA bus Route 23 runs along Stevens Creek Boulevard. Bicycle Facilities On-street bicycle lanes exist on DeAnza Boulevard, Stevens Creek Rodrigues Avenue, which runs along the north side of the Civic Center, is a designated bicycle rout on-street bicycle lane is proposed for McClellan Road, and a bicycle route is proposed for Torre Avenue. Vehicle Parking This section identifies the vehicle parking available at the Civic Center parking lot and on streets b the Civic Center. Existing parking can be seen in Figure 3. The Civic Center currently provides 224 parking spaces in the sh has seven (7) ADA spaces: two (2) next to City Hall and five (5) minute short-term parking spaces next to the library entrance. Two (2) electric-vehicle (EV) parking stations are provided on Rodrigues Avenue, just east of the Civi A total of 104 on-street parking spaces are provided on select p Center. There are 10 delineated parking spaces on Rodrigues Avenue and 68 delineated parking spaces on Torre Avenue. Delineated parking spaces are defined by posted parking signs and/or pavement markings. There are no posted parking signs or pavement markings adjacent to the Library Field; however parking is allowed on thi approximately 26 parking spaces. Bicycle Parking The City has five (5) bicycle lockers intended for employee use. used primarily for bicycle storage rather than bicycle parking. no bicycle racks immediately next to City Hall or the Community Hall; however community hall users can use the racks by the south side . The Library has a total of 40 bicycle parking spaces: 32 spaces on bicycle racks near the book the building drop-off, and eight (8) spaces at a moveable bicycle rack next t 63 UV 23 Price Ave UV 55 ¯ Legend Bike Lanes on Street Proposed Bike Lanes on Street UV Bike Route Propsed Bike Route 53 Santa Clara VTA Bus Route Bus Stop Civic Center 00.050.10.150.2 John Dr Miles Transit Routes and Bicycle Facilities Figure 2 Path: N:\Projects\_SJ12_Projects\SJ12_1334_Cupertino_Civic_Cente 64 Electric vehicle No Limit (2) (8) City Cupertino Parking City Hall (58) Cupertino Community Hall Cupertino Library Library Parking (166) Library Field No Limit No Limit (14) (6) No Limit (6) (XX) = Number of Parking Spaces Available Figure 3 Path: N:\Projects\_SJ12_Projects\SJ12_1334_Cupertino_Civic_Cente March 2012 65 July 27 , 2012 Page 6 EXISTING PARKING DEMAND The existing parking demand was observed during a survey conduct Wednesday, March 7, 2012. Parking Demand Survey On-the-ground surveys are commonly used to determine parking demand for a particular site. The dat gathered during such a survey is the preferred method used in determining parking demand; i actual observed demand under typical operating conditions. The data presented below was collected by Fehr & Peers during field observations on March 7, 2012. Observations were completed between 2:00 and 4:00 pm when employee and visitor demand would be expected to peak. The number of parking spaces occupied was tallied for the parking lot and on the adjacent streets of Rodrigues Avenue, Torre Avenue, and Pacifica Drive. The total Civic Center demand was calculated, as shown in Table 1. Aerial photographs, the Civic Center site plan, and the parking survey visit were ustify the available parking supply. Based on the parking demand survey, 81 percent of the parking lo percent of the on-street parking spaces (59) were utilized durin located immediately adjacent to the buildings in the parking lot survey period. Vacant spaces were much more prevalent in the lib driveway, which is the farthest away from the Library entrance and book drop-off location. The library parking began to fill up around 3:00 pm. There was high turnover are next to the book drop-off. The City Hall portion of the lot had designated parking spaces f space, and one maintenance vehicle space. However, parking space observed. The designated fleet vehicle spaces were full with both fleet vehicles and private vehicles. Some fleet vehicles parked in spaces throughout the lot. The mail courier space was vacant; the postal va parked along the parking lot curb instead. The diagonal and parallel on-street parking on Torre Avenue with no time limits was 100% and 86% full, respectively, during the survey period. The no-limit on-street parking on Torre Avenue closer to Pacifica Drive (and farthest from the Civic Center) was nearly empty during the parking survey. Similarly, there were no cars parked on the block of Pacifica Drive next to the Library Field. City staff conducted two supplemental surveys on March 27, 2012. 10:00 Ï 11:15 AM and identified parking utilization in the parki Avenue. The results are listed below in Table 2. The parking lot demand incrementally increased and reached a peak utilization rate of 94% by 11:15 AM. Similarly, R had increases in parking demand over the course of the morning. peak utilization rate of 58% and Torre Avenue had a peak utiliza supplemental survey was conducted from 2:30 Ï 3:30 PM and observed vehicles circling the parking lot looking for vacant parking spaces. The number of circling vehicl throughout most of the observed time-frame, and peaked at eight (8) circling vehicles around 3:30 PM. It is important to note that nine (9) parking spaces were added on Rodrigues Avenue between when the initial parking survey (Table 1) was conducted and the supplemen 66 July 27 , 2012 Page 7 Parking Shortage For parking areas with relatively high turnover such as at the library, a peak occupancy of 85 to 90 p is desirable. Occupancies at higher rates require vehicles to circulate excessively to find available spaces. Therefore, approximately 20 to 40 additional spaces are needed to meet the peak parking demand on an average day. More spaces would be needed to accommodate concurrent events at the Community Hall. However it would be costly to provide spaces to meet this intermittent demand. Parking management techniques can be applied to accommodate Community Hall events. further detail in Table 3. Bicycle Parking Bicycle parking demand was also assessed during the parking survey. One (1) bike was parked at the Coffee Society temporary rack, which can hold five (5 bikes), an racks near the book drop-off, which can hold 16 bikes. Through c lockers were assumed to be 100% utilized, for both storage and b TABLE 1 PARKING DEMAND SURVEY RESULTS Location SupplyDemand Utilization Civic Center Parking 328 241 73% (Parking lot & Street parking) Parking Lot Total 224 182 81% City Hall Parking 58 50 86% Employee & Visitor 38 34 89% ADA 2 0 0% City Vehicles 16 15 94% Maintenance Vehicle 1 1 100% Mail Courier 1 0 0% Library Parking 166 132 80% Employee & Visitor 157 130 83% ADA 5 1 20% 4-Minute Parking 4 1 25% Street Parking 104 59 57% Rodrigues Avenue 10 8 80% City Hall Parking 8 6 75% Electric Vehicle Parking 2 2 100% Torre Avenue 68 51 75% Parallel (No Time Limit) 21 18 86% Diagonal (No Time Limit) 21 21 100% 20 Minute Parking 2 1 50% 2 Hour Parking 24 11 46% Pacifica Drive 2600% Source: Fehr & Peers, March 2012. 67 July 27 , 2012 Page 8 TABLE 2 PARKING DEMAND SUPPLEMENTAL SURVEY RESULTS Time SupplyDemand Utilization 1 Parking Lot 10:00 AM 224 133 59% 10:15 AM 224 162 72% 10:30 AM 224 176 79% 10:45 AM 224 193 86% 11:00 AM 224 193 86% 11:15 AM 224 210 94% Torre Avenue 10:00 AM 68 48 71% 10:15 AM684871% 10:30 AM 68 51 75% 10:45 AM 68 46 68% 11:00 AM 68 47 69% 11:15 AM 68 52 76% Rodrigues Avenue 10:00 AM 15 4 21% 10:15 AM15421% 10:30 AM 15 5 26% 10:45 AM 15 9 47% 11:00 AM 15 9 47% 11:15 AM 15 11 58% 1. Parking lot includes both City Hall and Library designated pa Source: City of Cupertino, Fehr & Peers March 2012. 68 July 27 , 2012 Page 9 PARKING SOLUTIONS The parking survey suggests that 20 to 40 additional spaces are needed to meet the peak demand on an average day. However, parking conditions at the Civic Center can programming at the Community Hall and the Library. As reported by City staff, parking can be more than 100% utilized popular Community Hall events. As such, solutions have been developed to improve parking conditions. The solutions include: arking supply increase strategies, which aim to increase the total supply of parking spaces both 1. P in the parking lot and on the street; Parking demand decreases, which aim to decrease the number of si 2. encourage all modes of travel; Parking management measures, which can help manage the fluctuations in parking conditions 3. throughout the day, week, and month. The solutions are categorized into one of three implementation phases: short-term (0-1 years), medium- term (1-3 years), and long-term (3+ years). Potential parking so Table 3, and described in further detail below. 69 July 27 , 2012 Page 10 TABLE 3: CUPERTINO CIVIC CENTER PARKING OPTIONS Short Medium Long Option TermTerm Term Parking Supply Increase Strategies 1 Restripe lot and narrow spaces from 9 feet in width to 8.5 feet in width (6 spaces) X 2 Add perpendicular spaces in the parking lot near Sister City G(16 spaces) X 3 Add diagonal parking on Torre Avenue (24 spaces)X Convert one Rodrigues Avenue parking space into approximately fi 4 X motorcycle/scooter parking spaces (5 spaces) 5 Extend parking lot onto portion of Library Field X 5a Add 47 spaces to the north side of Library Field (47 spaces) X 5b Add 48 to 68 spaces on Library Field in extension to Pacifica Drive (48-68 spaces) X 5c Add 21 spaces by expanding the Torre Avenue driveway (21 spaces) X 6 Construct parking deck below Library Field or new/renovated bu(varies)X Parking Demand Decrease Strategies 7 Create Transportation Demand Management Programs for employeesX 7a Provide commuter checks to employees to encourage transit ridersX 7b Create a bike buddy program for employees X 7c Provide bike subsidies to employees through the commuter check pX 7d Educate employees about bike commuting with handouts and programX 7e Provide parking cash-out for employees who do not drive to work X 7f Create healthy families program to encourage families to bike/wa 7g Designate carpool parking spaces X 7h Provide shuttle service to Caltrain stations X 8 Construct a multi-use path along the creekX Parking Management Measures 9 Implement monthly parking fees for employeesX 10 Charge visitors for parking at peak hoursX 11 Restrict employee parking to least-convenient spaces, including Pacifica DriveX 12 Move city vehicles off-siteX 13 Add bicycle racks near the City Hall entranceX 14 Create parking time limits in the lotX 15 Remove 2-hour on-street time limits, while retaining the 20-m Add parking signs and pavement markings to spaces on Pacifica Drive next to the 16 X Library Field. 17 Develop an overflow parking planX 17a Discourage City employees from parking during peak community halX 17b Add valet parking for large eventsX Source: Fehr & Peers, March 2012, revised July 2012 70 July 27 , 2012 Page 11 Parking Supply Increases The following list provides strategies to increase the number of Civic Center. 1.Restripe the parking lot to narrow stall width from 9 feet to 8. restriped to add spaces. This will add four (4) spaces along the (1) in the Torre Avenue parking lot entrance, and one (1) space closest to the Library. Other areas will retain the 9-foot wide spaces. 2.Add perpendicular spaces to the lot near the Sister City Grove. imately 16 perpendicular parking spaces can be constructed into the Sister City Grove on the east side of the Community Hall. A row of trees would need to be relocated to accommodate the additional spaces. 3.Construct diagonal parking on the east side of Torre Avenue. Approximately 60 diagonal parking spaces can be constructed on Torre Avenue displacing 36 existing parallel spaces. The net addition of these 24 spaces will require expensive curb reconstruction and the dislocation of trees. 4.Increase motorcycle and scooter parking by converting at least one parallel parking space on Rodrigues Avenue into approximately five (5) motorcycle/scoot parking stalls. The converted parking space should be one closest to the Civic Center main ent 5.Construct additional parking on Library Field. Two parking lot e Associates suggest constructing parking on the Library Field (A ird option (C), expands the Torre Avenue parking lot driveway. Unfortunately, all three proposals may reduce the size of Library Field to less than soccer or cricket field standards. a.The first Hill Associates proposal suggests extending the parkin north side of the field, next to the Torre Avenue parking lot dr b.The second Hill Associates proposal suggests extending the parki the west end of field, where it would dead-end at Pacifica Drive the parking lot extension should connect to Pacific Drive, which will improve access to the Civic Center, and add 12 parking spaces. c.A third option is to expand the width of Torre Avenue parking lot driveway into the Library Field. The redesign would retain the south side perpendicular parking and add 21 perpendicular parking spaces on the north side of the driveway. 6.Construct parking deck below Library Field or new/renovated buildings on site. Below grade parking can be costly; however it can meet the best of both worlds: providing enough parking supply for employees and visitors, while retaining the benefits field. This option is a long- term strategy for the Civic Center. Parking Demand Decrease 7.Create a Transportation Demand Management (TDM) program. A TDM p strategies aimed at reducing the number of employees driving alo The effectiveness of these TDM strategies varies with the characteristics of the business or organization implementing them. The transit and commuter pass strategy is typically effective; however City Hall has limite access to transit. As such, the bicycle measures may be the most the City Hall setting. The TDM program can include the following measures: 71 July 27 , 2012 Page 12 a.Encourage City Hall and Library employees to take transit by providing commuter checks or subsidized transit passes, such as Eco passes. The City could analyze employee residence locations and target their efforts for those who live near transit. b.Encourage City Hall and Library employees to ride bikes to work through a bike buddy program, which helps assimilate new bike commuters by pairing th experienced cyclists. The City could analyze employee residence efforts for those who live near bicycle facilities, or within fi c.Provide a bike subsidy through the commuter check program. The subsidy rewards commuters for bicycling to work. Bicyclists can use their subsid gear, equipment, and maintenance. d.Educate employees about bike commuting and make a big push during Bike to Work Week and Day. Work with the local Bike Coalition, such as the Si Coalition, on providing handouts and basic information for new bicycle commuters. e.Provide parking cash-out to employees who do not drive to work. when if the City plans to charge employees a monthly fee for parking. It is aimed at rewarding employees who walk to work, bike, or use transit instead of drive. f.Create a healthy families program to encourage families to bike g.Encourage carpooling through services such as Zimride, which is matching service. Create designated employee carpool spaces and discounted, or convenient parking to carpool vehicles. Employees who carpool should be reward for their efforts, either by sharing a potential monthly parking fee, or getting preferential parking spaces. h.Provide shuttle bus service to nearby Caltrain stations, includi This option will make riding Caltrain to work a more attractive 8.Construct a multi-use path on the creek bank adjacent to the Civic Center to provide a pleasant walking/biking access route. Parking Management Measures 9.Implement an employee fee for monthly parking. The fee may equal the cash non-driving employees receive from the City for walking/biking/using transit is to act as a disincentive, even if its price is not equivalent to a typical monthly parking pass. 10.Charge visitors for parking at peak hours. The fee will encourage higher turnover in the existing parking lot, and will also incentivize visitors with flexible sc free, non-peak hours. 11.Restrict employee parking to least-convenient spaces in the park Designating employee parking will open up the more convenient parking to visitors. 12.Move city vehicles off-site. Currently the city vehicles take up Center parking lot. Instead of taking up scarce parking spaces, the City could consider finding an off-site parking lot for the vehicles. 13.Add bicycle racks near the entrance of City Hall and Community H bicycle racks near the Library. City employees and visitors shou are conveniently located near building entrances. Bicycle racks should be placed in high-visibility locations to deter theft. 72 July 27 , 2012 Page 13 14.Create more parking time limits within the parking lot to encouring space turnover for visitors. 15.Modify time limits for on-street spaces to increase their use by removing the time limits for the (12) 2 hr. spots, and keeping the (2) 20 min spots for the Café. to the street, which will help open up parking spaces in the par term visitors. 16.Add delineated parking spaces through signs and pavement markings Pacifica Drive next to the Library Field. Construct pedestrian path through or adjacent to library with the on-street parking. 17.Develop an overflow parking plan for events that are expected to a.Prohibit or discourage City employees from driving during regularly scheduled peak community hall events. b.Add valet parking for large events. The valet parking fee can be purpose of the valet will be to eliminate the inefficient parkin CONCLUSIONS Based on the parking demand survey and data collected from the Ce Civic Center parking lot has a utilization rate of 81 percent and on-street parking had a utili these rates suggest available supply, supplemental information suggests that parking shortages of 20 to 40 spaces occur regularly. Greater shortages occur when Communitts coincide with peak parking times. Parking solutions will help improve circulation and manage deman solutions include a variety of demand, supply, and management strategies, including adding parking to both the lot and the surrounding streets, enacting a Transportation Demand Management Program, charging for peak-hour parking times, and creating an overflow parking plan. 73 74 ACKNOWLEDGEMENTS We would like to thank the members of the committee and the desi transportation team who contributed to the development of the Cu Center Master Plan Framework. City of Cupertino Carmen Lynaugh Public Works Project Manager, City of Cupertino Terry Greene City Architect, City of Cupertino Timm Borden Director of Public Works, City of Cupertino David Stillman Senior Civil Engineer, City of Cupertino Aarti Shrivastava Director of Community Development, City of Cup Colin Jung, AICP Senior Planner, City of Cupertino Rick Kitson City Managers Office, City of Cupertino Mark A. Fink City Librarian, Santa Clara County Library Design and Transportation Team Karen Alschuler Principal, Perkins + Will Architecture and Urba Mark Hoffheimer Senior Project Manager, Perkins + Will Architec Paul Leveriza Senior Designer, Perkins + Will Architecture and Urban Design Jane Bierstedt Principal, Fehr & Peers Transportation Consultant Alex Sweet Transportation Planner, Fehr & Peers Transportation Consultants 75 DRAFT MINUTES CUPERTINO CITY COUNCIL SUCCESSOR TO THE REDEVELOPMENT AGENCY Regular Meeting Monday, November 5, 2012 CITY COUNCIL MEETING ROLL CALL At 6:00 p.m. Mayor Mark Santoro called the regular meeting to or Chamber, 10350 Torre Avenue, Cupertino, California. Present: Mayor Mark Santoro, Vice Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CLOSED SESSION 1. Subject: Public Employee Performance Evaluation (Government Code 54957) - City Manager and City Attorney At 6:00 p.m. Council recessed to a closed session, and reconvene 6:45 p.m. Mayor Santoro announced that Council discussed the evaluation of the City Manager and the City Attorney andno action wastaken. Mayor Santoro also reported out from the 5:45 p.m. special closed sessionmeeting regarding Conference with legal counsel  anticipated litigation; Significant exposure to litigation pursuant to Gov't Code 54956.9(b): (one case)and said that Council discussed the exposure, obtained a briefing, gave direction to staff and no action was taken. PLEDGE OF ALLEGIANCE At 6:45 p.m. Mayor Mark Santoro reconvened the regular City Council meeting and led the Pledge of Allegiance. 76 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency ROLL CALL Present: Mayor Mark Santoro, Vice Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS ANDPRESENTATIONS 2. Subject: Proclamation for Santa Clara County Supervisor Liz Kniss for Cupertino Recommended Action: Present Proclamation Supervisor Kniss was not able to attend the meeting. 3. Subject: Recognize students for their volunteer work at Silicon Valley Recommended Action: Present Certificates of Appreciation Mayor Santoro presented Certificates of Appreciation to the Sili School students.President of the Silicon Valley Korean School JaneLeespokeabout the students and their volunteer work. A few of the students toldabout their experience as volunteersand thanked the Council. 4. Subject: Proclamation for Natalie Ng upon her academic and scientific ach Recommended Action: Present Proclamation Mayor Santoro presented the proclamation to Natalie Ng. Ms. Ng explained her project and thanked her teachers at Monta Vista, her parents, and her mentor at Stanford University. 5. Subject: Presentation to five Cupertino students who placed at the reg fair Recommended Action: Present certificates Mayor Santoro presented the certificates to the students. The students explained their projects and thanked the Council. 6. Subject: Proclamations to supporting organizations for the design and implementation of the first of its kind Green@Home Do-It-Yourself Tool Kit Recommended Action: Present proclamations 2 77 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency Description: Proclamations to be presented to: the Cupertino Library, Cupe Library Commission, Cupertino Technology, Information and Commun Commission, Acterra, Silicon Valley Energy Watch, Santa Clara Va District Mayor Santoro presented the proclamations to the Cupertino Library, Cupertino Library Commission, Cupertino Technology, Information and Communications Commission (TICC), and the City of Cupertino Environmental Affairs Division. Environmental Affairs Coordinator Erin Cooke talked about the kit and showed what it looked like. TICC Chair Peter Friedlandthanked Ms. Cooke for driving the initiative. Library Commissioner Rose Grymes thanked Council on behalf of the commission. Cupertino Community Librarian Mark Fink said the kits can be checked out from the library and kept for one week. Patrons can also keep some of the items from the kit and he noted that the library gives the residents all the necessary tools. Subject: Annual report from the Public Safety Commission 7. Recommended Action: Receive report Public Safety Commission Chair Andy Huang gave a report on the a commission via a PowerPoint presentation. He said the commissio working on activities related to walking and biking to reduce traffic ar He mentioned that Captain Ken Binder from the County Sheriffs department and Chief Pisciotta from County fire attend the commission meetings. Public and Environmental Affairs Director Rick Kitson provided an update on the Cupertino Alert system. He said that participation in the alert system has grown 13% since it was brought online in 2010 and noted that there would be training in December or January with sheriff and fire staff. Mr. Kitson talked about opt-in information and explained that anything given to the Cupertino system is also shared with the County. POSTPONEMENTS - None ORAL COMMUNICATIONS Mark Fink, Cupertino Community Librarian, gave an update regarding activities at the library. He shared three statements from patrons about how the l 3 78 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency their lives. He notedthat Council member Wong wouldbe taking over as the representative for the Library Joint Powers Authority Board. He also said that the Plane Tree Health Information Center on the second floor of the library is open 20 hours a week for residents to receive in-depth health and medical information from someone who has special training. Mr. Fink said that the library would also be partnering with the Cupertino Historical Society and the Friends of the Cupertin program related to the U.S. Japanese/American Internment experie democracy, and what lessons have been learned. The program will be held November 18 in the Cupertino Community Hall at 1:30 p.m. The moderator will be Tom Izu from the California History Center at De Anza College. Rose Grymes from the Library Commission gave an interim report f commission. She said that on a month-to-month basis, the library provides 40 programs with 2,000 or more patrons, touchingon the cultural diversity of Cupertino. She also noted that this year Silicon Valley Reads would beoffering a presentation on Wounds of War and that the Poet Laureate has done many programs including winter poetry readings and poetry writing workshops for teens and adults. She taking up the challenge to see how it can support the availabili including e-books for patrons and what it means to move toward Library 2.0 or 3.0. She announced that Nancy Howe will be the new County Librarian and Megan Wong will be the County Virtual Library Manager. Anne Smart from the Silicon Valley Leadership Group talked about the upcoming 8 th Annual Turkey Trot Charity Run. The event will begin on Thanksgi run or walk. Ms. Smart encouraged Council to sign up for the event and said that the deadline for signups was Tuesday, November 20 at 3:00 p.m. She seople could sign up at www.sbturkeytrot.com . CONSENT CALENDAR Wong moved and Mahoney seconded to approve the items on the Consent Calendar as recommended with the exception of items 12 and 14 which were pulled for discussion. Ayes: Chang, Mahoney, Santoro, Sinks, and Wong. Noes: None. Abs 8. Subject: October 16 City Council minutes Recommended Action: Approve minutes 9. Subject: Accounts Payable for period ending October 5, 2012 Recommended Action: Adopt Resolution No. 12-125 4 79 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 10. Subject: Accounts Payable for period ending October 12, 2012 Recommended Action: Adopt Resolution No. 12-126 11. Subject: Accounts Payable for period ending October 19, 2012 Recommended Action: Adopt Resolution No. 12-127 12. Subject: Treasurer's Investment and Budget Report for Quarter Ending S 2012 Recommended Action: Accept the report Mayor Santoro noted that the Audit Committee hadnt seen the report yet before coming to Council. Director of Administrative Services Carol Atwood explained that the State has a 45-day requirement to present the report to Council and the item wa on tonights agenda because the Nov 20 Council meeting had been cancelled. She noted that the item was agendized for the next Audit Committee meeting. Council asked staff to review the schedule to see if the committee could meet before the special November 13 Council meeting. Wong moved and Mahoney seconded to continue this item to November 13. The motion carried unanimously. 13. Subject: Alcoholic Beverage License, Andre Boudin Bakeries, Inc, 20682 Creek Blvd Recommended Action: Approve Alcoholic Beverage License, Andre Boudin Bakeries, Inc 14. Subject: California Department of Resources Recycling and Recovery (Ca Rubberized Pavement Grant Program Recommended Action: Adopt Resolution No. 12-128authorizing the submittal of applications to CalRecycle for grant monies and authorize the Di Works to execute documents necessary to secure grant funds and i approved grant projects Mayor Santoro asked staff a question regarding this item. Santoro moved and Wong seconded to adopt Resolution No. 12-128. The motion carried unanimously. 15. Subject: City Project, 2012 Various Park Path and Parking Lot Repairs Project No. 2012-03 Recommended Action: Accept Project No. 2012-03 5 80 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency 16. Subject: Municipal Improvements, 10218 & 10228 Orange Avenue Recommended Action: Accept Municipal Improvements Description: The applicant has completed City-specified improvements in the City right-of-way including driveway approach, sidewalk, and curb & gutter as required by the improvement agreement with the City SECOND READING OF ORDINANCES - None PUBLIC HEARINGS 17. Subject: Adopt a resolution to vacate portions of easements on properties north approach to the Don Burnett Bicycle-Pedestrian Bridge Recommended Action: Adopt Resolution No. 12-129 and No. 12-130 Director of Public Works Timm Borden reviewed the staff report. Mayor Santoro opened the public hearing. Seeing no speakers, he closed the public hearing. Wong moved and Mahoney seconded to adopt Resolution Nos. 12-129 and 12-130. The motion carried unanimously. Council recessed from 8:00 p.m. to 8:08 p.m. ORDINANCES AND ACTION ITEMS 18. Subject: Study Session regarding Protected Trees on private property Recommended Action: Review options and provide staff with direction on the type of changes to be studied in amendments to Chapter 14.18, Protect Description: Application: MCA-2012-02; Applicant: City of Cupertino; Property Location: City-wide; Application Summary: Amendments to Chapter 14.18, Protected Trees, of the Cupertino Municipal Code Associate Planner Piu Ghosh reviewed the staff report. Jennifer Griffin said that this was a good ordinance for City trees, protected trees, and trees in general. She noted that due to global warming, we need to protect our assets and the green canopy in Cupertino is an asset. She said she was confused about why a study session was being held because the ordinance wfine the way 6 81 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency it is.She expressedconcern that the City would deregulate all trees and said that would be moving backwards. She said that if the City starts changing the protected tree list, then a public notice should be sent out first. Darrel Lum showed pictures of various trees throughout the City that had been replaced. He said that based on the photos,it appears that some things are falling through the cracks because trees are being replaced with other trees that arevery different and much smaller than what was there before. Mark Taylor explained that one of his trees needed thinning so cables were put up and the neighbors notified. He said he was told that he had to use the City Arborist who was twice the cost of his own arborist whom had already written a report. He also said that another one of his trees had spontaneously failed and thaway the ordinance was interpreted, if he hadnt pushed back, the replacement cost would have been too high. He asked council to be reasonable when deal owners that have issues with trees on their own property. Council gave the following direction to staff: Present an ordinance amendment to the Protected Trees chapter to remove the reference to public trees and change the penalty from a misdem an infraction Present a report regarding the following: Streamline the tree removal process in R1/A1/A/RHS zones and o consider inclusion of R2 zones for smaller protected trees with required mitigation Review the size of trees in diameter for specimen trees  should some o specimen trees have larger diameter size vs. others Review the list of specimen trees to ensure that they are native o Review whether greater penalties should be imposed for illegal rval of larger protected trees Responding to a question from Council, staff noted that this ite back to Council around February 5. REPORTSBY COUNCIL AND STAFF City Manager David Brandt saidthe City received two awards from the National Association of Telecommunications Officers and Advisors (NATOA) for the 2012 State of City Address and the 2011 local election coverage. He noted that the City also 7 82 Monday, November 5, 2012 Cupertino City Council Successor to the Redevelopment Agency received the Santa Clara Valley Run-Off Pollution Prevention award for Stevens Creek Corridor Phase I. Council members Sinks and Wong asked for information and statistics regarding complaints about the public street tree planting initiative, esp Rinconada area. The City Manager said that information would be in the weekly notes. Council members highlighted the activities of their committees a events. ADJOURNMENT At 10:45 p.m. the meeting was adjourned to November 13 beginning at 6:30 p.m., Council Chamber, 10350 Torre Avenue, Cupertino, CA. ______________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the Ci available for review at the City Clerks Office, 777-3223, and also on the Internet at . Click on Agendas & Minutes, then click on the appropriate Pack www.cupertino.org Most Council meetings are shown live on Comcast Channel 26 and A-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes, then click Archived Webcast. Videotapes are Cupertino Library, or may be purchased from the Cupertino City C-2364. 8 83 DRAFT MINUTES CUPERTINO CITY COUNCIL SpecialMeeting Tuesday, November 13, 2012 CITY COUNCIL MEETING PLEDGE OF ALLEGIANCE At 6:00 p.m. Mayor Mark Santoro called the special City Council meeting to order and led the Pledge of Allegiance. ROLL CALL Present: Mayor Mark Santoro, Vice Mayor Orrin Mahoney, and Council members Barry Chang, Rod Sinks, and Gilbert Wong. Absent: none. CEREMONIAL MATTERS ANDPRESENTATIONS-None POSTPONEMENTS -None ORAL COMMUNICATIONS Shani Kleinhaus from the Santa Clara County Audubon Society introduced Alice Yin who has done research on the topic of rodent baits that are harm and children. She said that Ms. Yin is hoping the Council will p agenda and lead the region in curtailing the sale of these harmful products. Alice Yin from the Environmental Action Committee said she is a senior at Monta Vista High School and has been working on the issue of rodenticides. S was concerned about health issues like internal bleeding posed to wildlife when these poisons are ingested. She also noted that small children and pet as well as other animals that eat animals that have ingested the the committee is pushing for other forms of pesticides that use less harmful chemicals that dont hurt wildlife, pets, and children. She urged Council 84 Tuesday, November 13, 2012 Cupertino City Council follow other counties who have passed resolutions pushing for sa control. CONSENT CALENDAR Item numbers one and two were pulled from the Consent Calendar for discussion. Subject: Amendment to Contract with the California Public Employees' Reti 1. System for a second tier, 2% at 60 retirement plan Recommended Action: Adopt Resolution No. 12-131 intention to approve amendment to Contract Director of Administrative Services Carol Atwood reviewed the staff report. Sinks moved and Mahoneyseconded to adopt Resolution No. 12-131. The motion carried unanimously. 2. Subject: Treasurer's Investment and Budget Report for Quarter Ending September 2012 Recommended Action: Accept the report Finance Director David Woo reviewed the staff report. Sinks moved and Wong seconded to accept the report. The motion carried unanimously. SECOND READING OF ORDINANCES - None PUBLIC HEARINGS - None ORDINANCES AND ACTION ITEMS - None REPORTS BY COUNCIL AND STAFF Council members highlighted the activities of their committees a events. 85 Tuesday, November 13, 2012 Cupertino City Council ADJOURNMENT At 6:22 p.m. the meeting was adjourned. Note: the November 20 regular meeting has been cancelled and the next regular meeting will be on December 4. ______________________________ Grace Schmidt, City Clerk Staff reports, backup materials, and items distributed at the Ci available for review at the City Clerks Office, 777-3223, and also on the Internet at www.cupertino.org. Click on Agendas & Minutes, then click on the appropriate Packet. Most Council meetings are shown live on Comcast Channel 26 and A-verse Channel 99 and are available at your convenience at www.cupertino.org. Click on Agendas & Minutes,then click Archived Webcast. Videotapes are available at the Cupertino Library, or may be purchased from the Cupertino City C-2364. 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 ADMINISTRATIVE SERVICESDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3220www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Financial Reports for Fiscal Year 2011-12 Recommended Action Accept the reports Description Staff is pleased to present to the City Council the following fi fiscal year ended June 30, 2012: 1.Comprehensive Annual Financial Report 2.Memorandum on Internal Control and Required Communications 3.Independent Accountants Report onthe Cityof CupertinoInvestment Policy 4.Independent Accountants Report on Compliance with the Propositi Appropriations Limit Increment 5.Development Impact Fee Report The Citys certified public accountantsaudited or issued the first four reports. Staff prepared the unaudited fifth report as required by the State. The Audit Committee accepted all reports on November 27, 2012. The auditors have given a clean opinion on the financial statements and the controls associated with producin The Comprehensive Annual Financial Report will be submitted for the Government Finance Officers Associations Certificate of Achievement Award. Fiscal Impact Acceptance of the reports has no fiscal impact. The reports describe the Citys financial status as of June 30, 2012. _____________________________________ Prepared by: David Woo, Finance Director Reviewed by: Carol Atwood, Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments: 163 A-Comprehensive Annual Financial Report B-Memorandum on Internal Control and Required Communications C-Independent Accountants Report on the City of Cupertino Investment Policy D-Independent Accountants Report on Compliance with the Proposition 111 Appropriations Limit Increment E-Development Impact Fee Report 164 COMPREHENSIVE ANNUAL FINANCIAL REPORT year ended June 30, 2012 City of Cupertino, California www.cupertino.org 165 CITY OF CUPERTINO, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2012 PREPARED BY: CITY OF CUPERTINO ADMINISTRATIVE SERVICES DEPARTMENT FINANCE DIVISION 166 CITY OF CUPERTINO Comprehensive Annual Financial Report For the Year Ended June 30, 2012 Table of Contents INTRODUCTORY SECTION Page Table of Contents .................................................................................................................................................. i Letter of Transmittal ........................................................................................................................................... iii Organization Chart ............................................................................................................................................ viii City Council and Directory of City Officials ..................................................................................................... ix Commissions and Committees ............................................................................................................................ x Certificate of Award for Excellence in Financial Reporting ............................................................................. xi FINANCIAL SECTION ......................................................................................................................... 1 ................................................................................... 3 Basic Financial Statements: Government-wide Financial Statements: Statement of Net Assets ................................................................................................................... 20 Statement of Activities ..................................................................................................................... 21 Fund Financial Statements: Balance Sheet .................................................................................................................................... 23 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets - Governmental Activities ........................................................................ 24 Statement of Revenues, Expenditures and Changes in Fund Balances ............................................. 25 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities - Governmental Activities ......................................................................... 26 Statement of Revenues, Expenditures and Changes in Fund Balances Budget to Actual - General Fund .................................................................................................... 27 Proprietary Funds: Statement of Fund Net Assets ........................................................................................................... 29 Statement of Revenues, Expenses and Changes in Fund Net Assets ................................................ 30 Statement of Cash Flows ................................................................................................................... 31 Fiduciary Funds: Statement of Fiduciary Net Assets .................................................................................................... 33 Statement of Changes in Fiduciary Net Assets............................................................................ .34 Notes to the Basic Financial Statements ................................................................................................ 35 Required Supplementary Information (Unaudited): Schedules of Funding Progress ........................................................................................................... 66 i 167 CITY OF CUPERTINO Comprehensive Annual Financial Report For the Year Ended June 30, 2012 Table of Contents FINANCIAL SECTION (Continued) Page Other Supplementary Information: Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Public Facilities Corporation Debt Service Fund ............................................ 68 Nonmajor Governmental Funds: Combining Balance Sheet ................................................................................................................. 70 Combining Statement of Revenues, Expenditures and Changes in Fund Balances .............................................................................................................. 72 Combining Schedule of Revenues, Expenditures and Changes in Fund Balances Budget and Actual ............................................................................ 74 Internal Service Funds: Combining Statement of Net Assets ................................................................................................. 78 Combining Statement of Revenues, Expenses and Changes in Fund Net Assets ........................................................................................................... 79 Combining Statement of Cash Flows ................................................................................................ 80 Agency Fund: Statement of Changes in Assets and Liabilities ............................................................................... 82 STATISTICAL SECTION Financial Trends: Net Assets by Component Last Ten Fiscal Years .................................................................................. 84 Changes in Net Assets Last Ten Fiscal Years ........................................................................................ 85 Fund Balances of Governmental Funds Last Ten Fiscal Years ............................................................ 87 Changes in Fund Balance of Governmental Funds Last Ten Fiscal Years ........................................... 88 Revenue Capacity: Assessed and Estimated Actual Value of Taxable Property Last Ten Fiscal Years ............................. 89 Property Tax Rates All Overlapping Governments Last Ten Fiscal Years ....................................... 90 Principal Property Taxpayers Current Year and Nine Years Ago ........................................................ 91 Property Tax Levies and Collections Last Ten Fiscal Years ................................................................. 92 Debt Capacity: Ratio of Outstanding Debt by Type Last Ten Fiscal Years ................................................................... 93 Direct and Overlapping Bonded Debt ....................................................................................................... 94 Legal Bonded Debt Margin Information Last Ten Fiscal Years ........................................................... 95 Ratio of General Bonded Debt Outstanding Last Ten Fiscal Years ...................................................... 96 Demographic and Economic Information: Demographic and Economic Statistics Last Ten Calendar Years ......................................................... 97 Principal Employers Current Year and Nine Years Ago ....................................................................... 98 Operating Information: Full-Time Equivalent City Employees by Function/Program Last Ten Fiscal Years .......................... 99 Operating Indicators by Function/Program Last Eight Fiscal Years .................................................. 100 Capital Asset Statistics by Function/Program Last Ten Fiscal Years ................................................. 101 COMMUNITY PROFILE ii 168 INTRODUCTORY SECTION 169 170 171 172 173 174 CITY OF CUPERTINO, CALIFORNIA Fiscal Year 2011-12 CITY COUNCIL Mark Santoro Orrin Mahoney Mayor Vice Mayor Barry Chang Rod Sinks Gilbert Wong Councilmember Councilmember Councilmember DIRECTORY OF CITY OFFICIALS David Brandt - City Manager Carol Korade - City Attorney Carol Atwood Director of Administrative Services Timm Borden Director of Public Works Mark Linder Director of Parks and Recreation Aarti Shrivastava - Director of Community Development ix 176 CITY OF CUPERTINO, CALIFORNIA Fiscal Year 2011/12 COMMISSIONS AND COMMITTEES AUDIT COMMITTEEPARKS & RECREATION COMMISSION Angela Chen David Fung Barry Chang David Greenstein Rod Sinks David Lee Eno Schmidt Darcy Paul Raymond Yin Marcia St. Clair HOUSING COMMISSIONLIBRARY COMMISSION Harvey Barnett Rose Grymes Jimmy Chien Adrian Kolb Krista Wilson Janet Riddell Nicole Maroko Ann Stevenson Rajeev Raman Susanna Tsai FINE ARTS COMMISSIONPLANNING COMMISSION KC Chandratreya Paul Brophy Jessi Kaur Clinton Brownley Russell Leong Winnie Lee Rajeswari Mahaliagan Marty Miller Marvin Spielman Don Sun PUBLIC SAFETY COMMISSIONBICYCLE PEDESTRIAN COMMISSION Nina Daruwalla William Chan Andy Huang Mark Fantozzi Lily Lim Ashish Kolli Robert McCoy Jill Mitsch Daniel Nguyen Alan Takahashi TEEN COMMISSIONECONOMIC DEVELOPMENT Jacqueline Do Sanika Puranik Carol Atwood Erin Cooke Ashley Ding Hadar Sachs Orrin Mahoney Aarti Shrivastava Anand Hemmady Emily Szeto Timm Borden Rod Sinks Dana Lujack Madeline Yip Mike Foulkes John Zirelli Greg Pommier Mike Rohde Kevin McClelland Darcy Paul Maria Streeby Winnie Lee TECHNOLOGY, INFORMATION & FISCAL STRATEGIC COMMITTEE COMMUNICATIONS COMMISSION Peter Friedland Gilbert Wong Mark Linder Wallace Iimura Mark Santoro Aarti Shrivastava Shishir Chavan Carol Atwood David Woo Rod Livingood Timm Borden Beverly Siegel 177 x xi 178 FINANCIAL SECTION 179 INDEPENDENT AUDITORÓS REPORT Honorable Mayor and Members of the City Council of the City of Cupertino, California We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Cupertino, California (the City) as of and for the year ended June 30, 2012, which collectively comprise the CityÓs basic financial statements as listed in the table of contents. These financial statements are the responsibility of the CityÓs management. Our responsibility is to express an opinion on these basic financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards 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 are 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 our opinion, the basic financial statements referred to above present fairly in all material respects the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Cupertino, California as of June 30, 2012 and the respective changes in the financial position and cash flows, where applicable, thereof and for the year then ended, in conformity with accounting principles generally accepted in the United States of America. As discussed in Note 14, pursuant to ABx1 26 adopted by the State of California which was validated by the California Supreme Court on December 28, 2011, the Redevelopment Agency of the City of Cupertino has been dissolved and its assets turned over to and liabilities assumed by Successor Agencies effective January 31, 2012. Certain transactions undertaken by the Redevelopment Agency of the City of Cupertino prior to the date of dissolution may be subject to review by the State as discussed in Note 14, but the effect of that review can not be determined as of June 30, 2012. In accordance with Government Auditing Standards, we have also issued our report dated September 20, 2012, on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. 1 180 Accounting principles generally accepted in the United States of America require that ManagementÓs Discussion and Analysis and budgetary comparison information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to this information in accordance with generally accepted auditing standards in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with managementÓs responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that comprise the CityÓs financial statements as a whole. The Introductory Section, Supplemental Information, and Statistical Section are presented for purposes of additional analysis and are not a required part of the financial statements. The Supplemental Information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with generally accepted auditing standards in the United States of America. In our opinion, the Supplemental Information is fairly stated in all material respects in relation to the basic financial statements as a whole. The Introductory and Statistical Sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. September 20, 2012 2 181 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 This describes the City of CupertinoÓs financial performance for the year. Please read it in conjunction with the accompanying Transmittal Letter and Basic Financial Statements. 201112FINANCIALHIGHLIGHTS Governmental activity revenues climbed 3% over last year while expenses increased 1%. Revenues from business-type activities were flat while expenses went up 3% from the prior year. Governmental net assets increased 1% to $163,130,000 while business-type net assets rose 3% to $10,882,000. General Fund revenues increased 10% from the prior year while General Fund expenditures rose 4%. General Fund expenditures came in 10% under budget, with revenues 10% over budget. The General Fund balance grew 32% to end the year at $26,098,000. OVERVIEWOFTHEFINANCIALSTATEMENTS The Basic Financial Statements comprise the City-wide Financial Statements and the Fund Financial Statements; these two sets of financial statements provide two different views of the CityÓs financial activities and position. The City-Wide Financial Statements provide a long-term view of the CityÓs activities as a whole, a comprise the Statement of Net Assets and the Statement of Activities. These statements are prepared on the accrual basis, which means they measure the flow of all economic resources of the City as a whole. The accrual basis of accounting is similar to the accounting used by most private sector companies. The Statement of Net Assets provides information about the financial position of the City as a whole, including all its capital assets and long-term liabilities. The Statement of Activities provides information about all the CityÓs revenues and all its expenses, with the emphasis on measuring net revenues or expenses for each of the CityÓs programs. The Statement of Activities explains in detail the change in Net Assets for the year. Over time, increases or decreases in net assets can be indicators of whether the financial condition of the City is improving or deteriorating. All of the CityÓs activities are grouped into Governmental activities and Business-type activities, as explained below. The Statement of Net Assets and the Statement of Activities provide a summary of these two types of activities for the City as a whole. Governmental activities ÏMost of the CityÓs basic services are considered to be governmental activities, including public works, law enforcement, community development, recreation, public & environmental affairs, and general administration. These services are supported by general City revenues such as property, sales and other taxes, and by specific program revenues such as developer fees and grants. The CityÓs governmental activities include the activities of a separate legal entity, the Cupertino Redevelopment Agency, because the City is considered to be financially accountable for the Agency. The Cupertino Public Facilities Corporation, from which the City leases its major facilities through the payment of long-term debt, is also included as a component unit. As allowed in the StateÓs redevelopment agency dissolution acts, the CityÓs Redevelopment Agency Special Revenue Fund elected to transfer its housing assets and liabilities into the CityÓs Low and Moderate Income Housing Assets Special Revenue Fund as of February 1, 2012. See Note 14 to the Basic Financial Statements. Business-type activities ÏAll the CityÓs enterprises are reported here, including solid w and some of the CityÓs recreational operations. Unlike governmental services, these services are supported by charges paid by users based on the amount of the service they use. 3 182 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 The Fund Financial Statements report the CityÓs operations in more detail than the government-wide statements and focus primarily on the short-term activities of the CityÓs General Fund and other major funds. The Fund Financial Statements measure only current revenues, expenditures, assets, and liabilities; they exclude long-term assets and liabilities. Because these statements focus on the near-term inflows and outflows of spendable resources, such information may be useful in evaluating near-term financing requirements. The Fund Financial Statements provide detailed information about each of the CityÓs most significant funds, called major funds. CupertinoÓs Fund Financial Statements include governmental, enterprise and internal service funds as discussed below. Each major fund is presented individually, with all non-major funds summarized and presented only in a single column. Subordinate schedules, which follow the Notes to Basic Financial Statements, present the detail of these non-major funds. Major funds present the significant activities of the City for the year, and may change from year to year as a result of changes in the pattern of CityÓs activities and public interest. For example, the Capital Improvement Projects Fund may or may not appear as a major fund depending on the volume of construction activity in a certain year. Governmental Fund financial statements are prepared on the modified accrual basis, which means they measure only current financial resources and uses. They present essentially the same functions reported as governmental activities in the government-wide financial statements. However, capital assets and other long-lived assets, along with long-term liabilities, are not presented in the Governmental Fund financial statements. Reconciliations are provided to facilitate a comparison between governmental funds and governmental activities statements to allow a better understanding of the long-term impact of the governmentÓs near-term financial decisions. Enterprise and Internal Service Fund financial statements are prepared on the full accrual basis and their assets and liabilities, current and long-term. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements, and in more detail in the fund financial statements. Since the CityÓs Internal Service Funds provide goods and services only to the CityÓs governmental and business-type activities, their activities are reported only in total at the fund level. Internal Service Funds may not be major funds because their revenues are derived from other City funds. These revenues are eliminated in the City-wide financial statements and any related profits or losses are returned to the activities which created them, along with any residual net assets of the Internal Service Funds. For this City, internal service activities predominantly benefit governmental rather than business-type functions, and are therefore included within governmental activities in the government-wide financial stateme Comparisons of budget and actual financial information are included in the Basic Financial Statements for the General Fund and other major Special Revenue Funds. Since none of the CityÓs Special Revenue Funds are considered major funds, budgetary comparison schedules for these funds are included in this document as supplemental information only. Fiduciary Fund statements provide financial information about the activities of the Successor Agency to the Redevelopment Agency and of a special assessment district. The CityÓs fiduciary activities are reported in the separate Statement of Fiduciary Net Assets and the Agency Funds Statement of Changes in Assets and Liabilities. These activities are excluded from the CityÓs other financial statements because the City cannot use these assets to finance its own operations. As stipulated in the StateÓs redevelopment agency dissolution acts, the CityÓs Redevelopment Agency Special Revenue Fund transferred its non-housing assets and liabilities into a Successor Agency Private-Purpose Trust Fund as of February 1, 2012. See Note 14 to the Basic Financial Statements. The City additionally acts strictly as an agent for a special assessment district holding amounts collected from property owners prior to transferring the money to the districtsÓ bond trustees. 4 183 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 The Notes to Basic Financial Statements provide additional detail that is essential to a full understanding of the information provided in the government-wide and fund financial statements. CITYWIDEFINANCIALACTIVITIES This analysis focuses on the net assets and changes in net assets of the CityÓs Governmental Activities (Tables 1 and 2) and Business-Type Activities (Tables 3 and 4) presented in the City-wide Statement of Net Assets and Statement of Activities that follow. The Change in Net Asset Tables 2 and 4 show activity from a revenue and expense perspective. Governmental Activities The CityÓs net assets from governmental activities rose 1% from the prior year. The following significant changes within asset, liability, and net asset categories occurred: Increased sales tax receipts were the primary cause of the cash and investments increase. Normal depreciation lowered capital assets. Other liabilities declined because a May 2012 debt refunding eliminated, for this year only, the debt service payment usually due every July 1. Sales tax consulting agreement liabilities also fell. Approximately 45% of the unrestricted net assets increase came from revenues, non-capital expenses, transfers and extraordinary items, 50% came from capital asset and long-term debt decreases, and 5% from a decrease in assets restricted for debt, transportation, housing, storm drain, environmental, park, and public communication purposes. 5 184 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 Sources of Revenues, Governmental Activities 2011-12 Charges for Other Taxes Services 3% Franchise Tax 6% 14% Utility User Tax 6% Operating Grants & Contributions Transient 5% Capital Grants & Occupancy Tax Contributions 6% 2% Property Tax 24% Sales Tax 34% As the Sources of Revenue chart above shows, property and sales taxes make up more than half of governmental revenue. The Functional Expenses chart below includes only current year expenses with Public Works action on streets, facilities, parks and storm drains comprising the largest activity. The chart does not include capital outlays or principal payments on debt. Capital outlays are instead shown as additions to capital assets and principal payments are reported as long-term liability reduction Functional Expenses, Governmental Activities 2011-12 Interest Administration 4% 4% Law Enforcement 18% Public & Environmental Public Affairs Works 4% 42% Administrative Services 9% Recreation Services 9% Community Development 10% The Statement of Activities presents program revenues, expenses, and general revenues. These are all elements of the Changes in Governmental Net Assets summarized in the next table. 185 6 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 Table2 Condensed Changes in Net Assets for the Year Ended June 30 (in thousands) Governmental Activities 2012 2011 Expenses Administration $1,837 $1,860 Law enforcement 8,777 8,435 Public and environmental affairs 1,743 1,626 Administrative services 4,309 3,994 Recreation services 4,577 4,529 Community development 4,922 5,962 Public works 20,388 19,667 Interest on long-term debt 1,838 2,032 Total expenses 48,391 48,105 Revenues Program revenues: Charges for services 7,292 6,533 Operating grants and contributions 2,509 2,351 Capital grants and contributions 781 1,973 Total program revenues 10,582 10,857 General revenues: Taxes: Property tax 7,479 7,297 Property tax in-lieu of motor vehicle fee 4,487 4,405 Incremental property tax 203 1,252 Sales tax 17,326 14,539 Transient occupancy tax 3,113 2,537 Utility user tax 3,265 3,228 Franchise tax 2,808 2,841 Other taxes 1,377 1,491 Intergovernmental, unrestricted: Motor vehicle license fee 29 259 Investment earnings 61 259 Gain on sale of capital assets ---- 497 Miscellaneous 83 90 Total general revenues 40,231 38,695 Total revenues 50,813 49,552 Excess of revenues over expenses, before extraordinary item and transfers 2,422 1,447 Extraordinary item Î Assets transferred to Successor Agency (1 Transfers 207 ---- Change in net assets 1,498 1,447 Beginning net assets 161,632 160,185 Ending net assets 163,130 161,632 7 186 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 City-wide Governmental Revenues Table 2 shows that total governmental revenues climbed $1,261,000 or 3% over last year, finishing at $50,813,000. Sales taxes rose significantly due to reason stated in the General Fund portion of this Analysis. Incremental property taxes received before the Redevelopment AgencyÓs dissolution on January 31, 2012, fell $1,049,000 or 84% from last year. After the AgencyÓs dissolution, $1,131,000 in remaining non-housing assets was transferred to the CityÓs Successor Agency trust fund that is reported separately within this CAFR. General property taxes and property taxes in-lieu of motor vehicle fees rose 2% over last year as further described in the General Fund portion of this Analysis. The prior year $497,000 one-time gain on the sale of capital assets resulted from the June 2011 sale of t equity share in the former City ManagerÓs residence. Program revenues declined $275,000 or 3% from last year, with less received in public works capital project grants, but more earned in charges for services because of building and development application growth including AppleÓs new corporate headquarters and several tenant improvements. Capital project grants revenues fluctuate every year because of different grants awarded annually. To finance the Stevens Creek Corridor Park capital project, the CityÓs recreational enterprise transferred $207,000 to the CityÓs public works governmental unit this year. The state stopped allocating motor vehicle license fees to cities in 2011-12. Continued low interest rates and increased portfolio liquidity caused the investment earning decrease. City-wide Governmental Expenses City-wide governmental expenses in Table 2 rose $286,000 or 1% above 2010-11. Law Enforcement, Public & Environmental Affairs, Administrative Services, and Public Works rose while Community Development and debt interest declined. Administration and Recreation Services were relatively stable. Law Enforcement was higher because of internal service charges. Public & Environmental Affairs rose due to smoking cessation and green program grant spending and due to communication equipment replacement. Administrative Services climbed because of the biannual election. More Public Works outlays went into infrastructure repair, maintenance, and depreciation. Community Development fell because the Redevelopment Agency paid $1 million to the Santa Clara County Housing Trust in 2010-11. Annual debt service interest dropped because of the Public Facilities CorporationÓs May 2012 refunding of its certificates of participation. Change in Net Assets The City-wide $1,498,000 governmental net asset increase was 4% improved over the increase of a year ago. Excluding an extraordinary item and transfer, the increase was 67% over the increase of a year ago. Business Type Activities Business-type activities in the City-wide Financial Statements include the CityÓs four enterprise funds. Enterprise funds are used to account for recreational and solid waste management operations that are financed and operated in a manner similar to private business enterprises where the intent is that the costs of providing services and facilities to the general public on a continuing basis can be financed or recovered primarily through user fees. The major proprietary funds section of this report provides more information on business-type results. 8 187 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 As shown in Table 3, business-type net assets totaled $10,882,000 at June 30, 2012, an increase of $325,000 from the prior year with unrestricted net assets and capital assets rising $278,000 and $47,000 respectively. As described in Table 4, overall revenues of $6,442,000 this year were similar to last year. Expenses for all business-type activities rose 3% over last year to $5,910,000. The $325,000 net asset increase fell below the $705,000 increase of 2010-11, caused by a current year $207,000 transfer to governmental activities for the Stevens Creek Corridor Park project along with lower operating incomes from the Recreation and Blackberry Farm enterprises. 9 188 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 MAJOR GOVERNMENTAL FUNDS General Fund General Fund Revenues General Fund revenues of $47,533,000 ended up $4,316,000 or 10% above the final budget and $4,675,000 above the original budget for the year ended June 30, 2012. This was $4,338,000 or 10% above last year. Sales taxes, transient occupancy taxes, and charges for services showed the strongest gains from a year ago while intergovernmental and use of money and property suffered the largest declines. Similarly, sales taxes, transient occupancy taxes, and charges for services accounted for much of the revenue exceeding budget. Table 5 displays year-to-year variations, while Table 6 shows budget versus actual differences. Property taxes ended the year at $11,916,000, up 2% or $266,000 from last year and consistent with the final and original budgets. The increase reflects a 0.753% consumer price index increase for existing property owners, assessed value increases on certain properties under Proposition 8, and beginning signs of recovery in the South Bay real estate market. 189 10 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 Sales taxes jumped $2,787,000 or 19% above last year to finish at $17,326,000. It exceeded the final budget by $2,631,000 or 18%, with the final budget $412,000 or 3% above the original. Quarterly tax collections exceeded the prior year in three of the four quarters, with growth in the business-to-business sector, led by Apple, Inc., driving the increase. Business-to-business, historically a volatile sector, comprised 75% of sales taxes, far exceeding San Francisco Bay Area and State averages. The CityÓs sales tax per capita of $333 tops other County cities. Future revenues will be impacted when Hewlett-Packard, a major sales tax provider, leaves the City in fiscal 2012-13. The California State Board of Equalization notified the City on October 10, 2012 that the Board proposes a $10,550,721 reallocation of the CityÓs past sales taxes to the county-wide pool. Under the BoardÓs procedures, the City will petition and appeal the reallocation. Up to half of the potential loss may be recovered by a refund of what the City paid under a sales tax consulting agreement and by what the City would receive back through the county-wide pool. The CityÓs four hotels paid $3,113,000 in transient occupancy taxes this year; $576,000 or 23% over last yearÓs performance. It was 20% or $523,000 better than the final and original budget. Average revenue per available room for all four hotels rose from $101 to $111 reflecting the pickup in business travel to companies located in the City. Additionally, the voter-approved increase in the CityÓs transient occupancy tax rate from 10% to 12% of the room charge became effective January 1, 2012. The CityÓs 2.4% utility user tax on telecommunication, gas, and electric services provided $3,265,000 in revenues that were relatively flat compared to last year. However, it was $275,000 or 8% under the original and final budget as growth in taxable telecom services did not occur as expected. Franchise taxes, other taxes, licenses and permit fees were relatively unchanged from last year. Other taxes surpassed the original and final budget by 12% led by unexpected construction tax growth. Licenses and permits exceeded original and final budget by 11% as commercial development and tenant improvements continued from last year. Franchise taxes originate from electric, gas, water, solid waste, and cable utilities. Other taxes include business license, construction, and property transfer taxes. The County assesses the transfer tax, at $1.10 per $1,000 in sales price, upon recording the ownership change, and gives the City one-half of the tax. Zoning, planning, and engineering review fees comprise three-quarters of the charges for services category, with non-enterprise recreational programs encompassing the rest. The category improved from $1,945,000 last year to $2,880,000 this year, a 48% rise. It finished $1,229,000 or 74% over the final budget. Entitlement fees for AppleÓs new corporate headquarters and other commercial developments continued to be collected, the Senior CenterÓs recreational trip revenues grew, and Blackberry Farm pool, concession, and picnic fees climbed. The Senior Center and Blackberry Farm revenue budget increased $99,000 during the year. Intergovernmental revenues of $413,000 fell 40% or $276,000 from last year, and fell short of the final budget by 11% or $42,000. To balance their budget, the State halted the distribution of vehicle license fees to cities in 2011-12 and reduced State mandated cost reimbursements. The City the year to reflect the net loss of vehicle license fees offset by new grants awarded. General Fund cash is part of the CityÓs pooled investment portfolio. Investment returns of the pool are allocated to the Fund based on the FundÓs monthly cash balance. These returns plus the renting of City facilities comprise use of money and property revenues that declined 11% from 2010-11, to finish at $648,000, a result that was $321,000 or 33% under budget expectations. The continued low interest rate environment and the portfolioÓs concentration in safe, short-term Treasuries because of market turmoil and credit risk, has kept investment returns at a steady, but relatively low amount for the last three years. Since interest rates did not increase as anticipated and the City has not diversified into higher-yielding, less secure investments, the interest income fell below budget. Additionally the City increased the liquidity of the portfolio in spring 2012 in anticipation of a large transfer of cash to the retiree health trust in 2012-13. Rent income rose 8% over last year from increased recreational and public facility usage. A further explanation of the investment picture for the year is in Note 2 of the Basic Financial Statements. 190 11 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 Fines and forfeitures fell 5% or $34,000 off of prior year and $12,000 or 2% below budget, to complete the year at $662,000. Revenues have been decreasing for several years as courts assess lower fines. Other revenues of $264,000 nearly tripled over last year because of energy saving reimbursements and rebates. A one-time $1,055,000 sale of the CityÓs equity share in the City ManagerÓs residence occurred last year. Transfers into the General Fund dropped 90% from $337,000 last year to $35,000 this year. The Capital Project Improvement Fund returned less capital project savings to the General Fund. 12 191 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 General Fund Expenditures Fiscal 2011-12 overall expenditures, at $34,846,000, were $1,184,000 or 4% higher than last year. However, this result came in 10% or $3,883,000 under the final budget and $2,662,000 below the original budget. Year-to- year and budget versus actual results by General Fund department are described below and in Tables 7 and 8. Administration expenditures of $1,533,000 were flat compared to last year while finishing $222,000 or 13% under final budget. Budget savings came from the City Manager position vacancy and contingency budget, AlertSCC signup program and City Attorney salaries and supplies. Law Enforcement sheriff contract costs of $8,446,000 were under the final budget by $574,000 or 6%. The budget contains dollars for anticipated service levels and unexpected events or incidences. By the end of the year, the actual rate of general law enforcement, service requests, emergency calls, patrol, and investigations resulted in budget savings for the City. Having the Sheriff contract helps the City contain public s reflected in the steadiness of the expense with the previous year. Funds for school traffic safety were carried over from the previous year and added to the original budget. Public and Environmental Affairs expenditures of $1,660,000 rose $163,000 or 11% over prior year, but came in $66,000 and 4% under budget. Smoking cessation and green program grant spending and equipment replacement set-asides for the City television channel and website were higher. The budget increased $67,000 during the year mostly because of the new grants. 13 192 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 Administrative Services outlays were $409,000 or 11% above a year ago and finished 14% or $700,000 under final budget. The biannual City Council election and one-time transient occupancy tax ballot measure occurred this year and the City paid more to the County for additional library operating hours. Most of the budget savings were realized in finance, city clerk, human resources and insurance. The budget was increased $261,000 during the year for debt refunding, election, personnel litigation, and volunteer management purposes. Non-enterprise Recreation expenditures ended up $104,000 or 2% below final budget, but exceeded last yearÓs spending by $203,000 or 5%. Senior Center recreational trip and class expenses went up in line with increased revenues. One-time smoking cessation grant expenditures occurred in this department also. The budget rose $180,000 during the year because of the new grant, higher Senior Center outlays, and budget carryovers for the renovated bocce ball court and redesigned department catalog. Community Development costs of $3,434,000 were $869,000 or 20% below the final budget due to personnel savings in the planning, economic development and building code enforcement divisions and contract service savings in mid and long-term planning. Costs grew 6% or $196,000 from last year in order to process more planning and building applications. Prior year budget carryovers for municipal code updates, permit process improvements, microfilming, Apple campus, and area plan reviews made the final budget $168,000 higher than the original. Public Works maintenance, repair, and engineering expenditures of $11,337,000 rose a modest 2% or $185,000 over the prior year. It was $1,360,000 or 11% under final budget due to staff vacancies, lower-than-expected maintenance and repair costs and lower traffic engineering & street lighting costs. Outstanding purchase and job orders and a school traffic safety budget carried over from last year comprised the $490,000 increase from original to final budget. Transfers out of the General Fund dropped from $7,049,000 in 2010-11 to $6,431,000 in 2011-12, with $3,534,000 for annual debt service, $1,000,000 for retiree health obligations, $750,000 for road maintenance, $634,000 for capital project reserves, $200,000 for accrued leave payouts, $215,000 for new information technology and equipment, and a $68,000 subsidy for storm drain management. The decrease from 2010-11 resulted primarily from lower information technology and retiree health funding. 14 193 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 General Fund Balance The General Fund carried a June 30, 2012 ending fund balance of $26,098,000, up 32% or $6,291,000 from the prior year. The City assigns $12,500,000 of this for general economic uncertainty, $1,400,000 for state budget actions that impact City revenues, $2,000,000 for economic fluctuations, $500,000 for potential PERS liabilities, and $1,329,000 in one-time revenues for future projects. $1,004,000 represents non-spendable rehabilitation and employee housing loan receivables and prepaid expenses. $696,000 is restricted for public access programming. Finally, $6,669,000 is unassigned as of June 30, 2012, but intended for purchase orders and future budget actions. The fund balance rise resulted from revenues exceeding expenditures by $12,686,000 offset by a net of transfers and sale proceeds of $6,395,000. The unassigned fund balance benefitted the most from the increase, growing by $2,984,000 after excluding encumbrances. The fund balance growth allowed the City to establish economic fluctuation, PERS liability, and one-time revenue reserve assignments totaling $3,829,000. The remaining $534,000 utility user tax reserve was transferred to capital projects. Loan receivables and prepaid expenses decreased by $21,000. Public access programming funds increased $33,000. Public Facilities Corporation On May 9, 2012, a $43,940,000 par amount of 2012 Certificates of Participation (COPs) was issued to currently refund the 2002 COPs, to fund a reserve fund for the 2012 COPs, and pay costs in connection with issuance. This current refunding was undertaken to reduce debt service payments over the next eighteen years by $6,518,000 or $362,000 per year. On a present value basis, adjusted for issuance and reserve funds, the debt service savings total $6,637,000 or 15% of the refunded principal. The new COPs fixed interest rates range from 0.35% to 3.125% through the July 1, 2030 maturity, with a true interest cost of 2.81% over that time. The COPs were issued with an $884,000 premium. $44,898,000 in new debt proceeds and Corporation funds were given to the bond trustee to accomplish the refunding. 194 15 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 The Corporation paid $995,000 in interest and trustee expenditures on the old 2002 COPs this year prior to the refunding. The 2012 refunding cost the Corporation $615,000 in underwriter discounts and $228,000 in issuance costs. Since the old COPs were refunded before their principal and interest payment due in June 2012, and since the first debt payment on the new COPs is not due until December 2013, essentially one semiannual debt service payment was eliminated and instead used toward refunding costs and the creation of a six-month debt payment reserve held in trust and reported as a restricted cash asset. See Note 7 to the Basic Financial Statements and the Debt Administration section of this Analysis for more information. MAJOR PROPRIETARY FUNDS Resources Recovery The City renewed its Recology solid waste franchise agreement for five years commencing in November 2010 with a minor revenue rate increase and a restructuring of how the City and franchisee share revenues and costs. Accordingly, in the first full year of the renewal, this solid waste enterprise fund experienced an 11% comparative yearly decrease in residential and commercial pickup revenues, offset by 15% lower contract expenses for collection, landfill disposal, and recycling. Operating income improved from $129,000 last $162,000 this year. With interest earnings, net assets increased by $169,000, close to the growth of last year, to end the year with a $6,175,000 unrestricted balance. Blackberry Farm City employees, with a teaching professional on contract, staff the City-owned Blackberry Farm golf course and pro shop. Golfing green fees declined from the previous year, as the older demographics of golf course users continued to negatively impact rounds played. Operating revenues of $411,000 in 2011-12 represented an 8% or $37,000 fall from the prior year. Expenses were flat at $461,000 this year with minimal staffing levels maintained at the course and water costs kept steady until a capital project can get underway that will look at cost-saving irrigation alternatives. Four-hundred thousand dollars transferred from Recreation Programs last year will finance the project. With lower revenues, the golf courseÓs operating loss increased from $9,000 last year to $50,000 this year. After interest income, net assets declined $49,000, compared to last yearÓs $397,000 increase that included the $400,000 transfer from Recreation. At June 30, 2012, unrestricted net assets were $820,000. Cupertino Sports Center Tennis lesson, membership, fitness class and rent revenues of $1,966,000 rose by $243,000 or 14% over last year, resulting from more lesson revenues generated by the private tennis program operator. With contract instructor, facility support, and maintenance costs growing by $181,000 or 11%, operating income in 2011-12 improved to $68,000, compared to $6,000 produced in 2010-11. After adding-in interest earnings, the increase in net assets of $69,000 brought unrestricted net assets to $441,000 by year-end. 16 195 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 Recreation Programs Cultural events, youth and teen programs, sports, dance and fitness classes generated $2,326,000 in revenues that were a modest 3% better than last year, for this enterprise operating out of the Quinlan Community Center, Monta Vista Recreation Center, McClellan Ranch, Creekside Park building, eight school sites, and various parks. Ongoing program expenses, including full-time administrative and programming staff, part-time activity leaders, and class instructors on contract increased $233,000 or 13% from 2010-11. Operating income declined to $340,000 compared to $507,000 a year ago. The fund transferred $207,000 to Other Governmental Funds for the Stevens Creek Corridor Park project. After interest earnings and transfers, the fund ended up with an increase in net assets of $137,000 and an unrestricted net asset balance of $2,621,000 that is intended for future capital, equipment, insurance, and reserve needs. CAPITAL ASSETS At June 30, 2012 the City had $162,205,000, net of depreciation, invested in a broad range of capital assets used in governmental and business-type activities, as shown in Table 9 and in Note 6 to the Basic Financial Statements. While the CityÓs capital asset total declined by 2%, equipment acquisitions and street lights provided major capital additions with depreciation of existing assets offsetting the additions. 196 17 CITY OF CUPERTINO ManagementÓs Discussion and Analysis (Unaudited) For the Year Ended June 30, 2012 DEBTADMINISTRATION The CityÓs only long-term debt liability at June 30, 2012, comes from $43,940,000 in Certificates of Participation (COPs) issued in May 2012 by the Cupertino Public Facilities Corporation. The certificates refunded previously issued COPs that financed the Wilson Park, Blackberry Farm, and Creekside Park purchases, the Memorial Park expansion, the Quinlan Community Center construction, the City Hall remodel, and the new library opened in 2004. The serial, fixed interest rate debt ranging from 0.35% to 3.125% requires annual debt payments of approximately $3,171,000 that are covered by the General Fund. The June 30, 2012 outstanding principal of $43,940,000 is due to be paid off by 2030. More information can be found in No the Basic Financial Statements and in the Public Facilities Corporation discussion earlier in this Analysis. CONTACTINGTHE#)49 3FINANCIALMANAGEMENT This Comprehensive Annual Financial Report is intended to provide a general overview of the CityÓs finances. Further information can be provided by the City of Cupertino Finance Department, 10300 Torre Avenue, Cupertino CA 95014, phone (408) 777-3220, or by the City website at www.cupertino.org. 18 197 STATEMENT OF NET ASSETS AND STATEMENT OF ACTIVITIES The Statement of Net Assets and the Statement of Activities summarize the entire CityÓs financial activities and financial position. They are prepared on the same basis as is used by most businesses, which means they include all the CityÓs assets and all its liabilities, as well as all its revenues and expenses. This is known as the full accrual basis Î the effect of all the CityÓs transactions is taken into account, regardless of whether or when cash changes hands, but all material internal transactions between City funds have been eliminated. The Statement of Net Assets reports the difference between the CityÓs total assets and the CityÓs total liabilities, including all the CityÓs capital assets and all its long-term debt. The Statement of Net Assets presents similar information to a balance sheet, but presents it in a way that focuses the reader on the composition of the CityÓs net assets, by subtracting total liabilities from total assets. The Statement of Net Assets summarizes the financial position of all the CityÓs Governmental Activities in a single column, and the financial position of all the CityÓs Business-Type Activities in a single column; these columns are followed by a Total column which presents the financial position of the entire City. The CityÓs Governmental Activities include the activities of its General Fund, along with all its Special Revenue, Capital Projects and Debt Service Funds. Since the CityÓs Internal Service Funds service these Funds, their activities are consolidated with Governmental Activities, after eliminating inter-fund transactions and balances. The CityÓs Business Type Activities include all its Enterprise Fund activities. The Statement of Activities reports increases and decreases in the CityÓs net assets. It is also prepared on the full accrual basis, which means it includes all the CityÓs revenues and all its expenses, regardless of when cash changes hands. This differs from the Ðmodified accrualÑ basis used in the Fund financial statements, which reflect only current assets, current liabilities, available revenues and measurable expenditures. The format of the Statement of Activities presents the CityÓs expenses first, listed by program, and follows these with the expenses of its business-type activities. Program revenues, that are revenues which are generated directly by these programs, are then deducted from program expenses to arrive at the net expense of each governmental and business-type program. The CityÓs general revenues are then listed in the Governmental Activities or Business-type Activities column, as appropriate, and the Change in Net Assets is computed and reconciled with the Statement of Net Assets. Both these Statements include the financial activities of the City, the Cupertino Redevelopment Agency, and the Cupertino Public Facilities Corporation, which are legally separate but are component units of the City because they are controlled by the City, which is financially accountable for their activities. 19 198 CITY OF CUPERTINO STATEMENT OF NET ASSETS JUNE 30, 2012 GovernmentalBusiness-Type ActivitiesActivitiesTotal ASSETS Cash and investments (Note 2)$44,211,375$10,905,464$55,116,839 Restricted cash and investments (Note 2)1,620,8741,620,874 Receivables: Accounts2,661,665249,2672,910,932 Interest35,4608,70244,162 Intergovernmental - State Proposition 1A (Note 3)1,419,4971,419, Loans (Note 4)1,705,2881,705,288 Prepaid expenses and other assets100,777100,777 Property held for resale (Note 1g)262,782262,782 Net OPEB asset (Note 12)4,287,9554,287,955 Capital assets (Note 6): Non-depreciable79,962,92879,962,928 Depreciable, net of accumulated depreciatio81,417,329824,68782,242,016 n Total Assets217,685,93011,988,120229,674,050 LIABILITIES Accounts payable and accruals2,796,467418,1843,214,651 Accrued payroll and benefits625,04359,947684,990 Deposits1,973,9861,973,986 Unearned revenue934,108589,7441,523,852 Compensated absences (Note 1i): Due in one yea31,4904,07835,568 r Due in more than one yea2,758,37534,1492,792,524 r Claims payable (Note 10): Due in one yea333,694333,694 r Due in more than one yea1,162,2841,162,284 r Long-term debt (Note 7): Due in one yea1,920,0001,920,000 r Due in more than one yea42,020,00042,020,000 r Total Liabilities54,555,4471,106,10255,661,549 NET ASSETS (Note 8) Invested in capital assets, net of related deb117,440,257824,687118,264,944 t Restricted for: Special revenue projects3,139,9263,139,926 Affordable housing2,056,7782,056,778 Public access televisio695,564695,564 n Debt service1,680,5971,680,597 Total Restricted Net Assets7,572,8657,572,865 Unrestricte38,117,36110,057,33148,174,692 d $163,130,483 Total Net Assets$10,882,018$174,012,501 See accompanying notes to financial statements 199 20 CITY OF CUPERTINO STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2012 et (Expense) Revenue and N Proram RevenuesChanes in Net Assets gg OperatinCapital g Chares forGrants and Grants andGovernmental Business-tpe gy Functions/ProramsExpensesServicesContributionsContributionsActivitiesActiviti g Governmental Activities: Administration$1,835,551$6,454$191,523($1,637,574)($1,637,574) Law enforcement8,767,652696,498100,000(7,971,154)(7,971,154) Public and environmental affairs1,743,703(1,743,703)(1,743,703) Administrative services4,313,647(4,313,647)(4,313,647) Recreation services4,578,7621,166,32359,585(3,352,854)(3,352,854 Communit development4,923,4814,919,216426,371422,106422,106 y Public works20,390,551503,2251,731,438$780,761(17,375,127)(17,37 Interest on lon - term debt1,837,655(1,837,655)(1,837,655) g Total Governmental Activities48,391,0027,291,7162,508,917780,761 Business-tpe Activities: y Resource recover1,566,2291,727,783$161,554161,554 y Blackberr farm460,698411,056(49,642)(49,642) y Cupertino sports center1,897,6111,965,68468,07368,073 Recreation prorams1,985,6182,325,705340,087340,087 g Total Business-tpe Activities5,910,1566,430,228520,072520,072 y Total$54,301,158$13,721,944$2,508,917$780,761(37,809,608)520,072 General revenues: Taxes: Propert taxes7,479,1327,479,132 y Propert tax in lieu of motor vehicle fee4,487,4124,487,412 y Incremental propert tax202,793202,793 y Sales taxes17,326,46017,326,460 Transient occupanc tax3,112,9343,112,934 y Utilit user tax3,264,8963,264,896 y Franchise tax2,808,1362,808,136 Other taxes1,377,2111,377,211 Interovernmental, unrestricted: g Motor vehicle license fee29,06429,064 Investment earnins61,09612,33873,434 g Miscellaneous82,68482,684 Extraordinar item (Note 14): y Assets transferred to Successor Aencies(1,130,797)(1,130,797) g Transfers (Note 5)207,000(207,000) 39,308,021 Total eneral revenues, transfers and extraordinar item(194,662)39,113,359 gy Chane in Net Assets1,498,413325,4101,823,823 g et assets, beinnin of ear161,632,07010,556,608172,188,678 Nggy et assets, end of ear$163,130,483$10,882,018$174,012,501 Ny See accompanin notes to financial statements yg 200 21 FUND FINANCIAL STATEMENTS In the Fund Financial Statements only individual major funds are presented, while non-major funds are combined in a single column. Major funds are defined generally as having significant activities or balances in the current year. The funds described below were determined to be Major Funds by the City for fiscal 2011-12. Individual non-major funds may be found in the Supplemental section. GENERAL FUND The general fund is the general operating fund of the City. It is used to account for all financial resources except those that are required to be accounted for in another fund. PUBLIC FACILITIES CORPORATION DEBT SERVICE FUND This fund accounts for the payments of principal and interest on certificates of participation issued to provide for the financing of the Civic Center, Library, Wilson Park, Memorial Park, and other City facilities. 201 22 CITY OF CUPERTINO GOVERNMENTAL FUNDS BALANCE SHEET JUNE 30, 2012 PublicOtheTotal r FacilitiesGovernmentalGovernmental GeneralCorporationFundsFunds ASSETS Cash and investments (Note 2)$29,043,944$59,749$8,033,706$37,137 Restricted cash and investments (Note 2)1,620,8741,620,874 Receivables: Accounts2,492,473169,1922,661,665 Interest26,4343,46129,895 Intergovernmental - State Proposition 1A (Note 3)1,419,4971,419, Loans (Note 3)937,011768,2771,705,288 Prepaid items66,42866,428 Property held for resale (Note 1g)262,782262,782 Other assets3,8843,884 Total Assets$33,989,671$1,680,623$9,237,418$44,907,712 LIABILITIES Accounts payable and accruals$2,490,506$26$239,195$2,729,727 Accrued payroll and benefits569,39925,844595,243 Deposits1,973,9861,973,986 Advance from other funds (Note 5)504,497504,497 Unearned revenue934,108934,108 Deferred revenue1,419,497129,6021,549,099 Total Liabilities7,891,99326394,6418,286,660 Fund balances (Note 8): Nonspendable1,003,4391,003,439 Restricte695,5641,680,5975,196,7047,572,865 d Assigne17,729,2973,646,07321,375,370 d Unassigne6,669,3786,669,378 d TOTAL FUND BALANCES26,097,6781,680,5978,842,77736,621,052 Total Liabilities and Fund Balances$33,989,671$1,680,623$9,237,4 See accompanying notes to financial statements 202 23 CITY OF CUPERTINO Reconciliation of the GOVERNMENTAL FUNDS -- BALANCE SHEE T with the STATEMENT OF NET ASSETS JUNE 30, 2012 Total fund balances reported on the governmental funds balance s$36,621,052 t Amounts reported for Governmental Activities in the Statement o are different from those reported in the Governmental Funds abov CAPITAL ASSETS Capital assets used in Governmental Activities are not current a d therefore are not reported in the Governmental Funds.159,967,332 ALLOCATION OF INTERNAL SERVICE FUND NET ASSETS Internal service funds are used by management to charge the cost information technology, insurance, equipment acquisition and mai n employees' benefits to governmental funds. The assets and liabi funds are therefore included in the governmental activities of t RECEIVABLES NOT AVAILABLE Certain receivables are not available to pay for current period therefore are deferred in the governmental funds.1,549,099 LONG TERM LIABILITIES The liabilities below are not due and payable in the current per t reported in the governmental funds: Long-term deb(43,940,000) t Compensated absences(2,713,556) NET ASSETS OF GOVERNMENTAL ACTIVITIES$163,130,483 See accompanying notes to financial statements 203 24 CITY OF CUPERTINO GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE S FOR THE YEAR ENDED JUNE 30, 2012 PublicOtheTotal r FacilitiesGovernmentalGovernmental GeneralCorporationFundsFunds REVENUES Taxes$39,764,203$501,741$40,265,944 Use of money and property647,85813,744661,602 Intergovernmental413,1452,265,7432,678,888 Licenses and permits2,900,9362,900,936 Charges for services2,880,400393,5463,273,946 Fines and forfeitures661,899661,899 Other revenue264,302264,302 Total Revenues47,532,7433,174,77450,707,517 EXPENDITURES Current: Administratio1,533,0701,533,070 n Law enforcemen8,445,9178,445,917 t Public and environmental affairs1,659,8561,659,856 Administrative services4,103,9824,103,982 Recreation services4,319,9834,319,983 Community developmen3,434,0841,328,1454,762,229 t Public works11,336,9731,191,22112,528,194 Capital outla12,5183,510,5293,523,047 y Debt service: Payment to refunded COP escrow agen$44,897,80044,897,800 t Interest and fiscal charges1,837,6551,837,655 Total Expenditures34,846,38346,735,4556,029,89587,611,733 EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES12,686,360(46,735,455)(2,855,121)(36,904,216) OTHER FINANCING SOURCES (USES) Proceeds from sale of capital assets421421 Issuance of refunding COP's43,940,00043,940,000 Premium on COPs issue883,839883,839 d Transfers in (Note 5)34,8203,534,0002,915,6066,484,426 Transfers (out) (Note 5)(6,430,800)(1,261,626)(7,692,426) Total Other Financing Sources (Uses)(6,395,559)48,357,8391,653,9 NET CHANGE IN FUND BALANCES BEFORE EXTRAORDINARY ITEM6,290,8011,622,384(1,201,141)6,712,044 EXTRAORDINARY ITEM (NOTE 14) Assets transferred to Successor Agency and Housing Successo(1,130,797)(1,130,797) r NET CHANGE IN FUND BALANCES6,290,8011,622,384(2,331,938)5,581,24 BEGINNING FUND BALANCES19,806,87758,21311,174,71531,039,805 ENDING FUND BALANCES$26,097,678$1,680,597$8,842,777$36,621,052 See accompanying notes to financial statements 25 204 CITY OF CUPERTINO Reconciliation of the NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS with the STATEMENT OF ACTIVITIES FOR THE YEAR ENDED JUNE 30, 2012 The schedule below reconciles the Net Changes in Fund Balances r f Revenues, Expenditures and Changes in Fund Balance, which measur t liabilities on the modified accrual basis, with the Change in Ne e Statement of Activities, which is prepared on the full accrual b NET CHANGE IN FUND BALANCES - TOTAL GOVERNMENTAL FUNDS$5,581,247 Amounts reported for governmental activities in the Statement of are different because of the following: CAPITAL ASSETS TRANSACTIONS Governmental Funds report capital outlays as expenditures. Howev in the Statement of Activities the cost of those assets is capit r their estimated useful lives and reported as depreciation expens Expenditures for capital assets reported as: Capital outla3,252,093 y Easement received during the yea386,816 r Depreciation expense is deducted from the fund balance(7,477,056 LONG TERM DEBT TRANSACTIONS Proceeds from issuance of long term debt is deducted from fund b Premium on long-term debt is deducted from fund balance(883,839) Payment to escrow agent is added to fund balance44,897,800 ACCRUAL OF NON-CURRENT ITEMS The amounts below included in the Statement of Activities do not current financial resources and therefore are not reported as re governmental funds (net change): Compensated absences(70,671) Deferred revenue(289,751) ALLOCATION OF INTERNAL SERVICE FUND ACTIVITY Internal Service Funds are used by management to charge the cost such as equipment acquisition, maintenance, and insurance to ind The portion of the net revenue (expense) of these Internal Servi t of their transactions with governmental funds is reported with ecause they service those activities. b Change in Net Assets - All Internal Service Funds41,774 CHANGE IN NET ASSETS OF GOVERNMENTAL ACTIVITIES$1,498,413 See accompanying notes to financial statements 205 26 CITY OF CUPERTINO GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANC E BUDGET AND ACTUAL FOR THE YEAR ENDED JUNE 30, 2012 Variance with Budgeted AmountsFinal Budge t Positive OriginalFinalActual Amounts(Negative) Revenues: Taxes$36,414,000$36,826,240$39,764,203$2,937,963 Use of money and property969,000969,000647,858(321,142) Intergovernmental555,000370,928413,14542,217 Licenses and permits2,618,0002,618,0002,900,936282,936 Charges for services1,552,0001,651,0002,880,4001,229,400 Fines and forfeitures650,000650,000661,89911,899 Other revenue100,000131,500264,302132,802 Amounts available for appropriatio42,858,00043,216,66847,532,7434,316,075 n Charges for appropriation (outflows) Current Administratio1,740,5591,754,5481,533,070221,478 n Law enforcemen8,979,7629,020,3048,445,917574,387 t Public and environmental affairs1,659,1821,725,8821,659,85666,02 Administrative services4,542,7414,804,3994,103,982700,417 Recreation services4,244,0384,423,9944,319,983104,011 Community developmen4,134,7024,303,3243,434,084869,240 t Public works12,207,38012,696,71911,336,9731,359,746 Capital outla12,518(12,518) y Total charges for appropriations37,508,36438,729,17034,846,3833, EXCESS OF REVENUES OVER EXPENDITURES5,349,6364,487,49812,686,3608,198,862 OTHER FINANCING SOURCES (USES) Proceeds from sale of capital assets421421 Transfers in34,82034,82034,820 Transfers (out)(6,430,800)(6,430,800)(6,430,800) Total other financing sources (uses)(6,395,980)(6,395,980)(6,395 NET CHANGE IN FUND BALANCE($1,046,344)($1,908,482)6,290,801$8,19 BEGINNING FUND BALANCE19,806,877 ENDING FUND BALANCE$26,097,678 See accompanying notes to financial statements 27 206 MAJOR PROPRIETARY FUNDS Proprietary funds account for City operations financed and operated in a manner similar to a private business enterprise. The intent of the City is that the cost of providing goods and services be financed primarily through user charges. The City has identified the funds below as major proprietary funds for fiscal 2011-12. RESOURCES RECOVERY FUND This fund accounts for activity related to the collection, disposal, and recycling of solid waste. A private company has been issued an exclusive franchise to perform these services. BLACKBERRY FARM FUND This fund accounts for activities related to operating the City-owned golf course. CUPERTINO SPORTS CENTER FUND This fund accounts for the operation and maintenance of the Cupertino Sports Center. RECREATION PROGRAMS FUND This fund accounts for activities of the CityÓs community centers and park facilities. 28 207 CITY OF CUPERTINO PROPRIETARY FUNDS STATEMENT OF NET ASSETS JUNE 30, 2012 Business-type Activities-Enterprise FundsGovernmental Cupertino Activities- Resources Blackberry Sports Recreation Internal Servic e RecoveryFarmCenteProgramsTotalsFunds r ASSETS Current Assets: Cash and investments (Note 2)$6,159,077$865,047$620,278$3,261,06 Accounts receivable 247,5871,680249,267 Interest receivable4,9746954972,5368,7025,565 Prepaid items30,465 Total current assets6,411,638865,742620,7753,265,27811,163,4337, Noncurrent assets: Advances to other funds (Note 5)504,497 Net OPEB asset (Note 12)4,287,955 Capital Assets (Note 6): Depreciable, net o f accumulated depreciatio33,83467,250109,622613,981824,6871,412,925 n Total noncurrent assets33,83467,250109,622613,981824,6876,205,37 Total Assets6,445,472932,992730,3973,879,25911,988,12013,315,383 LIABILITIES Current Liabilities: Accounts payable and accruals225,12814,12197,82381,112418,18466, Accrued payroll and benefits7,2394,86710,85936,98259,94729,800 Compensated absences (Note 1i)4532,8927334,07831,490 Claims payable (Note 10)333,694 Unearned revenue64,012525,732589,744 Total current liabilities232,82021,880173,427643,8261,071,953461 Non-current Liabilities: Compensated absences (Note 1i)3,79324,2196,13734,14944,819 Claims payable (Note 10)1,162,284 Total Liabilities236,61346,099179,564643,8261,106,1021,668,827 NET ASSETS (Note 8) Invested in capital assets33,83467,250109,622613,981824,6871,412 Unrestricte6,175,025819,643441,2112,621,45210,057,33110,233,631 d 3,235,433 Total Net Assets $6,208,859$886,893$550,833$10,882,018$11,646,556 $ See accompanying notes to financial statements 208 29 CITY OF CUPERTINO PROPRIETARY FUNDS STATEMENT OF REVENUE, EXPENSES AND CHANGES IN FUND NET ASSETS FOR THE YEAR ENDED JUNE 30, 2012 Business-type Activities-Enterprise FundsGovernmental Cupertino Activities- Resources Blackberry Sports Recreation Internal Service RecoveryFarmCenteProgramsTotalsFunds r OPERATING REVENUES Charges for services$1,711,749$394,711$1,964,486$2,324,233$6,395 Othe16,03416,3451,1981,47235,0497,550 r Total Operating Revenues1,727,783411,0561,965,6842,325,7056,430, OPERATING EXPENSES Salaries and benefits192,249144,079310,558470,2291,117,1152,778, Materials and supplies 7,26479,526154,907111,632353,329375,974 Contractual services1,363,365232,9401,403,8361,312,0194,312,1604 Insurance and claims and premiu465,848 m Depreciation (Note 6)3,3514,15328,31091,738127,552455,592 Total Operating Expenses1,566,229460,6981,897,6111,985,6185,910, Operating Income (Loss)161,554(49,642)68,073340,087520,072(1,381 NONOPERATING REVENUES Investment income7,3089145513,56512,3388,209 Total Nonoperating Revenues7,3089145513,56512,3388,209 Income (Loss) Before Transfers168,862(48,728)68,624343,652532,41 Transfers in (Note 5)1,445,000 Transfers (out) (Note 5)(207,000)(207,000)(30,000) Change in net assets168,862(48,728)68,624136,652325,41041,774 Net Assets-Beginning of yea6,039,997935,621482,2093,098,78110,556,60811,604,782 r Net Assets-End of yea$6,208,859$886,893$550,833$3,235,433$10,882,018$11,646,556 r See accompanying notes to financial statements 30 209 CITY OF CUPERTINO PROPRIETARY FUNDS STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2012 Business-type Activities-Enterprise Funds Governmental Cupertino Activities- Resources Blackberry Sports RecreatioInternal Service n RecoveryFarmCenteProgramsTotalsFunds r CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers$1,737,742$411,169$1,946,600$2,451,5 Cash payments to suppliers for goods and services(1,262,778)(306,815)(1,609,937)(1,383,296) Cash payments to employees(190,108)(139,448)(321,485)(462,056)(1 Cash payments for judgment and claims(465,848) Net cash provided (used) by operating activities284,856(35,094)1 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers in1,445,000 Transfers out(207,000)(207,000)(30,000) Cash Flows from Noncapital Financing Activities(207,000)(207,000)1,415,000 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Acquisitions of capital assets(45,539)(24,888)(104,292)(174,719) Cash Flows from Capital an d Related Financing Activities(45,539)(24,888)(104,292)(174,719)( CASH FLOWS FROM INVESTING ACTIVITIES Interest receive 12,7291,8911,1695,92221,71115,651 d Cash Flows from Investing Activities12,7291,8911,1695,92221,7111 Net Cash Flows297,585(78,742)(8,541)300,785511,087(275,898) Cash and investments at beginning of year5,861,492943,789628,819 $6,159,077 $865,047 Cash and investments at end of year$620,278$3,261,062$10,905,464$7,073,976 Reconciliation of operating income (loss) to net cash provided by operating activities: Operating income (loss)$161,554($49,642)$68,073$340,087$520,072( Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation3,3514,15328,31091,738127,552455,592 Change in assets and liabilities: Accounts receivable9,95911367111,459121,5989,000 Prepaid expense(12,517) Net OPEB assets277,451 Accounts payable and accruals107,8515,651(51,194)40,355102,66343 Accrued payroll and benefits1,1205851,0028,17310,8802,414 Deposits(8,591) Deferred revenue(19,151)14,343(4,808) Claims payable(155,975) Compensated absences1,0214,046(11,929)(6,862) $284,856 Net cash provided (used) by operating activities($35,094)$15,178$606,155$871,095($770,719) See accompanying notes to financial statements 210 31 FIDUCIARY FUNDS Fiduciary Funds include a private-purpose trust fund that accounts for the accumulation of resources to be used for payments at appropriate amounts and times in the future. Fiduciary Funds also include agency funds that account for assets held by the City as an agent for individuals, private organizations, other governmental units, or other entities. Agency Funds are custodial in nature and do not involve measurement of operation results. Such funds have no equity since all assets are due to individuals or other entities in the future. SUCCESSOR AGENCY TO REDEVELOPMENT AGENCY PRIVATE-PURPOSE TRUST FUND This fund holds the net assets of the CityÓs former redevelopment agency. The net assets are dedicated to remaining agency obligations. AGENCY FUNDS Special district assessments held by the City, acting as an agent for bond debt service payments, comprise City Agency funds. The City is not liable for the debt payments. 32 211 CITY OF CUPERTINO FIDUCIARY FUNDS STATEMENT OF NET ASSETS JUNE 30, 2012 Successor Aenc to gy Redeveloment p Aenc gy Private-uroseAenc ppgy Trust FundFunds ASSETS Cash and investments Note 2$1,018,175$81,403 () Interest receivable794 Total Assets$1,018,969$81,403 LIABILITIES Accounts aable$248,624 py Deosits$81,403 p Total Liabilities248,624$81,403 ET ASSETS N Held in trust for restricted purposes$770,345 See accomanin notes to financial statements pyg 212 33 CITY OF CUPERTINO FIDUCIARY FUND STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS JUNE 30, 2012 Successor Aenc to gy Redeveloment p Aenc gy Private-urose pp Trust Fund ADDITIONS Use of mone and roert$1,668 yppy Total additions$1,668 DEDUCTIONS Communit develoment activities$362,120 yp Total deductions$362,120 Chane in net assets before extraordinar item360,452 gy() EXTRAORDINARY ITEM NOTE 14 () Assets transferred to Successor Aenc1,130,797 gy Chan e in net assets770,345 g et assets - beinnin of ear Nggy Held in trust for restricted purposes$770,345 See accomanin notes to financial statements pyg 213 34 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (a) Reporting Entity The City of Cupertino, California (the City) was incorporated on October 3, 1955, under the laws of the State of California. The City operates under a Council - City Manager form of government and provides services through the following departments: Administrative Services, Community Development, City Manager, Parks and Recreation, Public and Environmental Affairs, and Public Works/Engineering. Fire services are provided by the Santa Clara County Fire District, and the City contracts with the Santa Clara County SheriffÓs Department for police services, and with Recology for garbage and recycling services. The accompanying basic financial statements include all funds and boards and commissions that are controlled by the City Council. The basic financial statements include the CityÓs blended component units, entities for which the City is considered to be financially accountable. A blended component unit, although a legally separate entity, is in substance, part of the CityÓs operations and so data from thi is combined with the City. Blended component units - The Cupertino Public Facilities Corporation (the Corporation) was incorporated in May 1986, under the Nonprofit Public Benefit Corporation Law of the State of California. The Corporation was organized as a nonprofit corporation for the purpose of assisting the City in the acquisition, construction, and financing of public improvements which are of public benefit to the City. The Corporation, after acquiring certain properties from the City, leases these back to the City. The lease money provides the funds for the debt service for the Certificates of Participation issued by the Corporation to acquire the properties. The Cupertino Redevelopment Agency (the Agency) was formed in 2000 under the California Health & Safety Code to assist in the elimination of areas considered to be in a blighted condition. The City Council acts as the Board of Directors of the Corporation and the Agency. The Mayor and Vice Mayor of the City have been elected President and Vice President, respectively, of the Corporation. The City Clerk has been elected Secretary, and the CityÓs Director of Administrative Services has been appointed Treasurer of both entities. Pursuant to ABx1 26 adopted by the State of California which was validated by the California Supreme Court on December 28, 2011, the Agency has been dissolved and its assets turned over and liabilities assumed by the successor agency effective January 31, 2012. Separate financial statements are not issued for the Redevelopment Agency. The Corporation does not issue separate financial statements, since it is reported separately in the CityÓs basic financial statements. (b) Measurement Focus, Basis of Accounting and Basis of Presentation The CityÓs basic financial statements are prepared in conformity with accounting principles generally accepted in the United States. The Government Accounting Standards Board (GASB) is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the United States. 35 214 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) (b) Measurement Focus, Basis of Accounting and Basis of Presentation (Continued) Government-wide Statements - The Statement of Net Assets and the Statement of Activities display information about the primary government (the City) and its component units. These statements include the financial activities of the overall City government, except for fiduciary activities. These statements distinguish between the governmental and business-type activities of the City. Governmental activities generally are financed through taxes, intergovernmental revenues, and other nonexchange transactions. Business-type activities are financed in whole or in part by fees charged to external parties. The Statement of Activities presents a comparison between expenses and program revenues for each segment of the business-type activities of the City and for each function of the CityÓs governmental activities. Expenses include direct and indirect types. Direct expenses are those that are specificall associated with a program or function and, therefore, are clearly identifiable to a particular function. Indirect expenses such as depreciation, information technology, insurance and equipment replacement are included in expenses for individual activities and functions. Program revenues include (a) charges paid by the recipients of goods or services offered by the programs and (b) grants and contributions that are restricted to meeting the operational or capital needs of a particular program. Revenues that are not classified as program revenues, including taxes, are presented as general revenues. Program revenues and direct expenses related to interfund services are included and indirect expenses funded by interfund transfers are excluded from the Statement of Activities. The Statement of Net Assets eliminates interfund balances between governmental funds and interfund balances between proprietary funds. Fund Financial Statements - The fund financial statements provide information about the CityÓs funds, including fiduciary funds and blended component units. Separate statements for each fund category Î governmental, proprietary, and fiduciary Î are presented. The emphasis of fund financial statements is on major individual governmental and enterprise funds, each of which is displayed in a separate column. All remaining governmental funds are aggregated and reported as nonmajor funds. Proprietary fund operating revenues, such as charges for services, result from exchange transactions associated with the principal activity of the fund. Exchange transactions are those in which each party receives and gives up essentially equal values. Nonoperating revenues, such as subsidies and investment earnings, result from nonexchange transactions or ancillary activities. Major Funds - The CityÓs major governmental and enterprise funds are identified and presented separately in the fund financial statements. All other funds, called nonmajor funds, are combined and reported in a single column, regardless of their fund type. Major funds are defined as funds, which have either assets, liabilities, revenues or expenditures in excess of ten percent of their fund-type total and five percent of the aggregate total for both governmental funds and enterprise funds. The General Fund is always a major fund. The City may select other funds it believes should be presented as major funds. 36 215 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) (b) Measurement Focus, Basis of Accounting and Basis of Presentation (Continued) The City reported the following major governmental funds in the accompanying financial statements: The General Fund is the general operating fund of the City. It is used to account for all financial resources except those that are required to be accounted for in another fund. The Public Facilities Corporation Debt Service Fund accounts for the payments of principal and interest on certificates of participation issued to provide for the financing of City Hall, Library, Wilson Park, Memorial Park, and other City facilities. The City reports all its enterprise funds as major funds in the accompanying financial statements: The Resources Recovery Fund accounts for activity related to the collection, disposal, and recycling of solid waste. A private company has been issued an exclusive franchise to perform these services. The Blackberry Farm Fund accounts for activities related to the municipal golf course. The Cupertino Sports Center Fund accounts for the operation and maintenance of the Cupertino Sports Center. The Recreation Programs Fund accounts for activities of the CityÓs community centers and park facilities. The City also reports the following fund types: Internal Service Funds. These funds account for workersÓ compensation, management information systems maintenance and replacement, equipment maintenance and replacement, retiree health costs, accrued leave payouts, and long-term disability coverage; all of which are provided to other departments on a cost-reimbursement basis. Fiduciary Fund Types. The financial activities of these funds are excluded from the Government-wide financial statements. The Successor Agency to Redevelopment Agency Private-Purpose Trust Fund accounts for net assets restricted to satisfying the remaining obligations of the former Redevelopment Agency. See Note 14 for more information. The Agency Fund accounts for the CityÓs role as an agent for repaying special assessment debt described in Note 7. Basis of Accounting - The government-wide and proprietary 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. 37 216 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) (b) Measurement Focus, Basis of Accounting and Basis of Presentation (Continued) Governmental funds 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 City 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 long-term debt which are recognized as expenditures to the extent the City has provided financial resources to a debt service fund for payment of these liabilities that mature early in the following year. General capital asset acquisitions are reported as expenditures in governmental funds. Proceeds from long-term debt and acquisitions under capital leases are reported as other financing sources. Unearned revenues are considered on a full accrual basis, while deferred revenues are based on the modified accrual measure. Fiduciary financial statements consist of a private-purpose trust fund and agency fund. The measurement focus and basis of accounting of the private-purpose trust fund is similar to a proprietary fund. The agency fund reports only assets and liabilities and therefore has no measurement focus. It recognizes receivables and payables on a full accrual basis. Property taxes, transient occupancy taxes, utility taxes, franchise taxes, interest and special assessments are susceptible to accrual. Other receipts and taxes are recognized as revenue when the cash is received. Sales taxes collected and held by the state at year end on behalf of the City are also recognized as revenue. Sales tax consultant payments which are contingent on revenues collected are netted against the related revenues. Under the terms of grant agreements, the City may fund certain programs with a combination of cost- reimbursement grants, categorical block grants, and general revenue. The CityÓs policy is to first apply restricted grant resources to such programs, followed by general revenues if necessary. Grant revenues are recognized after eligibility and billing occurs, but may be deferred if not received within sixty days of year-end. Because of the cost-reimbursement and recognition nature of some grants, certain capital project funds may carry deficit fund balances until billing and receipt of grants. The City may also front the capital outlays with cash advances from other funds. Non-exchange transactions, in which the City gives or receives value without directly receiving or giving equal value in exchange, include property taxes, grants, entitlements, and donations. On the accrual basis, revenue from property taxes is recognized in the fiscal year for which the taxes are levied or assessed. Revenue from grants is recognized as described above. Entitlement and donation revenues are recognized when cash is received. Private-sector standards of accounting and financial reporting issued prior to December 1, 1989, generally are followed in both the government-wide statements for the business-type activities and proprietary fund financial statements to the extent that those standards do not conflict with or contradict guidance of GASB. Governments also have the option of following subsequent private-sector guidance for business-type activities and enterprise funds, subject to the same limitation. The City has elected not to follow subsequent private-sector guidance. 217 38 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) (c) Budgetary Practices The budget of the City is a detailed operating plan which identifies estimated costs and results in relation to estimated revenues. The budget includes (1) the programs, projects, services and activities to be provided during the fiscal year; (2) estimated revenue available to finance the operating plan; and (3) the estimated spending requirements of the operating plan. The budget represents a process through which policy decisions are made, implemented and controlled. The City prohibits expending funds for which there is no legal appropriation. Operating appropriations lapse at fiscal year end. In May of each year, the City Manager submits to the City Council a proposed budget for the fiscal year beginning July 1. Public hearings on the proposed budget are held during the month of June and the budgets for all fund types are legally adopted by Resolution prior to June 30. Original budget amounts are presented on the accompanying budgetary statements include these legally adopted amounts. The CityÓs legal level of budgetary control is at the functional level. The City Manager is responsible for controlling the CityÓs expenditures in accordance with the adopted budget. The City Manager is authorized to administer and transfer appropriations between budget accounts within the operating budget when in his opinion such transfers become necessary for administrative purposes. Any revision which increases total appropriations must be approved by the City Council. Requests for additional personnel or capital outlay also require the approval of the City Council. Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles. Budget information is presented for the general, special revenue and debt service funds only. Capital projects funds are budgeted on a long-term project-by-project basis and, hence, budgets for these funds are not presented in the basic financial statements. (d) Cash and Investments The City pools its cash resources, consisting of cash and investments, of all funds for investment except for restricted funds generally held by an outside fiscal agent. Cash amounts are reported net of outstanding warrants. Investments are stated at fair value. (e) Capital Assets Capital assets are recorded at cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at their estimated fair value on the date donated. Public domain (infrastructure) capital assets consisting of roads, bridges, curbs, gutters, medians, sidewalks, drainage and lighting systems have been capitalized and depreciated. Capital assets are defined as assets with an initial individual cost of more than $5,000 for general capital assets and $100,000 for intangible assets. 218 39 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) (e) Capital Assets (Continued) Depreciation is recorded using the straight-line method over the following useful lives: Years Buildings 15 - 25 Improvements 10 - 15 Vehicles 4 - 10 Street equipment 3 - 20 Water equipment 3 - 50 Office equipment 3 - 5 Road, curbs, gutters, sidewalks, medians and bridges 30 - 40 Streetlights 20 Storm drain structure and mains 40 Traffic signals 20 Major outlays for capital assets and improvements are capitalized as projects are constructed. For enterprise funds, interest incurred during the construction phase is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. Some capital assets may be acquired using federal and state grant funds, or they may be contributed by developers or other governments. These contributions are accounted for as revenues at the time the capital assets are contributed. (f) Land Held for Redevelopment Land held for redevelopment is stated at the lowest of historical cost, net realizable value determined upon the execution of disposition and development agreement, or agreed-upon sales price. The land was purchased using Federal grant funds for housing activities. On July 1, 2010, the City entered into a Disposition and Development Agreement (DDA) with a developer. In accordance with the DDA, the City would transfer the land held for redevelopment in the amount of $615,000 to the developer at no cost for the purpose of developing four single-family detached homes at an affordable price to very low income homebuyers. At September 13, 2011, the City transferred the property to the developer. At June 30, 2012, there are no remaining balances for land held for Redevelopment. (g) Property Held for Resale The City operates an affordable housing program funded by development impact fees that are recorded in the Housing Development Special Revenue Fund. To effectuate a change in private ownership of a condominium built under the program, the City, using Housing Development Fund cash, purchased the unit from the former owner on August 11, 2011 for $262,557 and recorded the asset as Property Held for Resale in the same Fund until the City ultimately sold the unit to a new owner on July 6, 2012 for the same price, with the cash proceeds deposited into the same Fund. 219 40 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) (h) Claims and Judgment Payable Claims and judgments payable are accrued when the liability is incurred and the amount can be reasonably estimated. Claims and judgments payable are recorded in an internal service fund for workersÓ compensation and long-term disability, and other claims and judgments are recorded in the General Fund or enterprise funds, as appropriate. (i) Compensated Absences Compensated absences comprise vested accumulated vacation and sick leave. The CityÓs liability for compensated absences is recorded in governmental or business-type activities as appropriate. The liability for compensated absences is determined annually. For all governmental funds, amounts expected to be Ðpermanently liquidated,Ñ such as what is due to be paid because of a realized employment action, are recorded as fund liabilities; the long-term portion is recorded in the Statement of Net Assets. Compensated absences are liquidated by the fund that has recorded the liability. The long-term portion of governmental activities compensated absences are liquidated primarily by the General Fund, usi the Compensated Absences and Long-Term Disability internal service fund to account for termination payouts. The changes in compensated absences for the year ended June 30, 2012 were as follows: Governmental Business-Type ActivitiesActivitiesTotal Beginning Balance$2,727,785$45,089$2,772,874 Additions 458,515458,515 Payments(396,435)(6,862)(403,297) Ending Balance$2,789,865$38,227$2,828,092 Current Portion$31,490$4,078$35,568 Non-current Portion$2,758,375$34,149$2,792,524 (j) Property Tax Calendar All property taxes are levied and collected by the County of Santa Clara. Secured taxes are levied on July 1, are due in two installments on November 1 and February 1 December 10 and April 10. Unsecured taxes are levied on July 1 and become delinquent on August 31. The lien date for secured and unsecured property taxes is January 1. The City, in fiscal year 1993-94, adopted an alternative method of property tax distribution (the ÐTeeter PlanÑ). Under this method, the City receives 100% of its secured property tax levied in exchange for foregoing any interest and penalties collected on delinquent tax series of advances made by the County during the year. 220 41 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) (k) Interfund Transactions Transactions constituting reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund, are recorded as expenditures/expenses in the reimbursing fund and as reductions of expenditures/expenses in the fund that is reimbursed. (l) Statement of Cash Flows For purposes of reporting cash flows for the CityÓs proprietary funds, pooled cash and investments are considered cash equivalents as the proprietary funds can access pooled cash and investments in a manner similar to a demand deposit account. (m) Prepaid Items Prepaid items are reported under the consumption method, which recognizes the expenditures/expense in the period associated with the service rendered or goods consumed. (n) Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain amounts and disclosures. Accordingly, actual results could differ from those estimates. (o) New Funds and Closed Fund The Low and Moderate Income Housing Asset Special Revenue Fund was established to account for the activities related to the assets assumed by the City as Housing Successor to the housing activities of the former Redevelopment Agency. The Successor Agency to the Redevelopment Agency Private Purpose Trust Fund was established to account for the activities of the Successor Agency to the former Redevelopment Agency. The Redevelopment Agency Fund was closed as of January 31, 2012 as the result of the dissolution of the Redevelopment Agency discussed in Note 14. 221 42 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 2 Î CASH AND INVESTMENTS The CityÓs pooled idle funds are invested pursuant to investment policy guidelines adopted by the City Council. The objectives of the policy are to invest funds to the fullest extent possible and to invest in accordance with the provisions of the California Government Code with the priority of safety, liquidity and yield. The policy addresses the safekeeping of securities, types of investment instruments, diversification, maturities, reporting requirements, and internal control. The City maintains a cash and investment pool that is available for use by all funds. Each fund typeÓs portion of this pool is displayed on the Statement of Net Assets and the balance sheet as Ðcash and investments.Ñ (a) Policies California Law requires banks and savings and loan institutions to pledge government securities with a market value of 110% of the CityÓs cash on deposit, or first trust deed mortgage notes with a market value of 150% of the deposit, as collateral for these deposits. Under California Law, this collateral is held in a separate investment pool by another institution in the CityÓs name and places the City ahead of general creditors of the institution. The City and its fiscal agents invest in individual investments and in investment pools. Individual investments are evidenced by specific identifiable securities instruments, or by an electronic entry registering the owner in the records of the institution issuing the security, called the book entry system. Security instruments owned by the City are held in safekeeping by a third party custodian acting as agent for the City under the terms of a custody agreement. The CityÓs investments are carried at fair value. The City adjusts the carrying value of its investments to reflect their fair value at each fiscal year end, and it includes the effects of these adjustments in investment income for that fiscal year. (b) Classification The City's total cash and investments, at fair value, are presented on the accompanying financial statements in the following allocation: Private - Primary PurposeAgency GovernmentTrust FundFundsTotal Cash and Investments$55,116,839$1,018,175$81,403$56,216,417 Restricted Cash and Investments: Held by Fiscal Agent for Bond Repayments1,620,8741,620,874 Total Cash and Investments$56,737,713$1,018,175$81,403$57,837,29 222 43 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 2 Î CASH AND INVESTMENTS (Continued) (c) Authorized Investments by the City The CityÓs Investment Policy and the California Government Code allow the City to invest its pooled idle funds in the following, under limits and provisions that address interest rate risk, credit risk, and concentration of credit risk. This does not include the CityÓs investments of debt proceeds held by fiscal agents that are governed by the provisions of debt agreements of the City. Minimum Maximum Maximum Maximum Credit Percentage of Investment in Authorized Investment Type Maturity Quality Portfolio One Is U.S. Treasury Obligations 5 years N/A None None U.S. Agency Securities * 5 years N/A None None California Local Agency Investment Up to $50 N/A N/A None million Fund (LAIF) Non-negotiable Certificates of 10% of portfolio; 5 years N/A 30% *** Deposits (time deposits) 5% of issuer's net worth. ** State of California registered state 5 years N/A None None warrants, treasury notes, or bonds California local agency bonds, notes, 5 years N/A None None warrants, or other obligations Bond issued by the local agency 5 years N/A None None Bankers' Acceptances 180 days N/A 40% None 10% of portfolio; Commercial Paper 270 days A-1+/P-1 25% 5% of issuer's net wo 10% of outstanding paper of issuer. ** 10% of portfolio; Negotiable Certificates of Deposit 5 years N/A 30% 5% of issuer's net worth. ** 10% of portfolio; Repurchase Agreements 1 year N/A None 5% of issuer's net worth. ** 10% of portfolio; Medium Term Corporate Notes 5 years A or better 30% 5% of issuer's net worth. ** Money market mutual funds investing in U.S. Treasury, Government Agency securities or repurchase 5 years Aaa/AAA 20% None agreements collaterized by U.S. Treasury or Government Agency securities * Securities issued by agencies of the federal government such as the Government National Mortgage Association (GNMA), the Federal Farm Credit System (FFCB), the Federal Home Loan Bank (F (FNMA), the Student Loan Marketing Association (SLMA), and the Federal Home Loan Mortgage Association (FHLMC). ** Represents restriction in which the CityÓs investment policy is more restrictive than the California Government Code. 30% maximum % of portfolio if using a private sector entity to assist in the placement of the time deposits. No maximum for *** others. 223 44 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 2 Î CASH AND INVESTMENTS (Continued) (d) Authorized Investments by Debt Agreements The City must maintain required amounts of cash and investments with trustees or fiscal agents under the terms of certain debt issues. These funds are unexpended bond proceeds or are pledged reserves to be used if the City fails to meet its obligations under these debt issues. The California Government Code requires these funds to be invested in accordance with City ordinances, bond indentures or State statutes. The CityÓs Investment Policy allows investments of bo provisions of the related bond indentures. The following identifies the investment types that are authorized for investments held by fiscal agents under the terms of the bond indentures of the related debt issue: Minimum Maximum Maximum Credit Percentage of Authorized Investment Type Maturity Quality Portfolio Cash or obligations of the U.S. including U.S. Treasury obligati Federal agencies obligations which represent full faith N/A N/A None and credit of the U.S. Direct federal agencies obligations which are not fully N/A N/A None guaranteed by the full faith and credit of the U.S. U.S. dollar denominated deposit accounts, federal funds and 36 bankers' acceptances with domestic commercial banks Commercial Paper 270 days P-1, A-1 None Money market funds N/A Aaam or AAAm-G None Pre-refunded municipal obligations that are not callable Highest rating prior to maturity or as to which irrevocable instructions N/A category have been given to call on the date specified in the notice Municipal obligations or General obligations of states N/A Aaa Up to $50 California Local Agency Investment Fund (LAIF) N/A N/A million Shares in a California common law trust established pursuant to Title 1, Division 7, Chapter 5 of the California Government N/A N/A None Code which invests exclusively in investments permitted by Section 53635 of Title 5, Division 2, Chapter of the California Government Code, as it may be amended. 224 45 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 2 Î CASH AND INVESTMENTS (Continued) (e) Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. Information about the sensitivity of the fair values of the CityÓs investments (including investments held by bond trustees) to market interest rate fluctuations is provided by the following table that shows the distribution of the CityÓs investments by maturity or earliest call date: 12 Months 13 to Investment Type or less24 MonthsTotal U.S. Treasury Securities$20,044,920$27,978,180$48,023,100 Local Agency Investment Fund598,652598,652 Money Market Mutual Funds7,563,8097,563,809 Total Investments$28,207,381$27,978,18056,185,561 Cash in banks and on hand1,651,730 Total Cash and Investments$57,837,291 The City is a participant in the Local Agency Investment Fund (LAIF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The Local Investment Advisory Board (Board) has oversight responsibility for LAIF. The Board consists of five members as designated by State Statute. The City reports its investment in LAIF at the fair value amount provided by LAIF, which is the same as the value of the pool share. The balance is available for withdrawal on demand, and is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIFÓs investment portfolio are U.S. Treasuries, Federal Agency obligations, time deposits, negotiable certificates of deposits, commercial paper, corporate bonds, and security loans. These investments had weighted average maturity of 268 days. Money market mutual funds are available for withdrawal on demand. At June 30, 2012, money market mutual funds, used for pooled investment and held by fiscal agent purposes, had a weighted average maturity of approximately 45 days. 225 46 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 2 Î CASH AND INVESTMENTS (Continued) (f) Credit Risk Credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the actual rating as of June 30, 2012 for each investment type, including those with fiscal agents, as provided by MoodyÓs ratings: Investment TypeRatingsTotal Money Market Mutual FundsAAA$7,563,809 Exempt from Credit Rating Disclosure: U.S. Treasury SecuritiesExempt48,023,100 Not Rated: Local Agency Investment FundNot Rated598,652 Total Investments$56,185,561 (g) Concentration of Credit Risk The CityÓs investment policy contains certain limitations on the amount that can be invested in any one issuer. In certain categories, these limitations are more restrictive than those required by California Government Code Sections 53600 et seq. Excluding those issued or explicitly guaranteed by the U.S. government and investments in the local agency investment fund and mutual funds, the City did not have investments that represent 5% or more of total City-wide investments. NOTE 3 Î PROPOSITION 1A BORROWING BY THE STATE OF CALIFORNIA Under the provisions of Proposition 1A and as part of the 200910 budget package passed by the California state legislature on July 28, 2009, the State of California borrowed 8% of the amount of property tax revenue, including those property taxes associated with the inlieu motor vehicle license fee, the triple flip in lieu sales tax, and supplemental property tax, apportioned to cities, counties and special districts (excluding redevelopment agencies). The State of California is required to repay this borrowing plus interest by June 30, 2013. The amount of this borrowing pertaining to the City was $1,419,497. This borrowing by the State of California was recognized as a receivable in the accompanying basic financial statements. Under the modified accrual basis of accounting, the borrowed tax revenues are not permitted to be recognized as revenue in the governmental fund financial statements until the tax revenues are received from the State of California (expected to 13). In the governmentwide financial statements, the tax revenues were recognized in the fiscal year for which they were levied (fiscal year 200910). 47 226 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 4 Î LOANS RECEIVABLE (a) Related Party Loans In conjunction with the CityÓs executive housing assistance program, a loan totaling $584,360 has been th District Cost provided to an executive manager. The 40-year loan bear an interest rate equal to the 11 of Funds at the time of the loan, and requires bi-weekly principal and interest payments. In addition, there is a two percent deferral on the interest rate for the first five years of the loan, at which time the th interest rate may be adjusted to the current 11 District Cost of Funds for the remainder of the loan. At June 30, 2012, the balance remaining on the loan was $452,669 . (b) Housing Program Loans On June 30, 1995, the City loaned $821,000 to Community Housing Developers, a California nonprofit public benefit corporation. The note bears interest at three percent per annum, compounded annually, payable to the extent of surplus cash, and all unpaid principal and interest due June 30, 2035. At June 30, 2012, the balance remaining on the loan was $821,000. On June 6, 1996, the City loaned $320,000 to Cupertino Community Services, a California nonprofit public benefit corporation. The note bears interest at three percent per annum and due on July 14, 2026. At June 30, 2012, the balance on the loan was $242,971. In addition to these loans, the City has $188,648 in housing and other loans receivable at June 30, 2012. These loans bear interest at 3 to 6 percent and are due by June 30, 2025. 227 48 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 5 - INTERFUND TRANSACTIONS Transfers between funds during the fiscal year ended June 30, 2012 were as follows: Amount Transferred Fund Making TransfersFund Receiving Transfers General Fund$3,534,000 Public Facilities Corporation Debt Service Fund(A) 1,451,800 Non-major governmental funds(B), (C), (E), (G) 1,445,000 Internal Service Funds(D) Non-major governmental funds 4,820 General Fund(F) 1,256,806 Non-major governmental funds(B), (C), (E), (G) Recreation Programs Enterprise Fund 207,000 Non-major governmental funds(H) Internal Service Funds 30,000 General Fund(I) $7,929,426 Total Interfund Transfers The reasons for these transfers are set forth below: (A)For annual lease payment for 2002 Certificate of Participatio (B)For capital project infrastructure reserve. (C)To fund street maintenance & environmental management. (D)To fund retiree medical, IT, equipment replacement, and compe (E)To return project savings to Capital Improvement Reserve (F)To return project funding to General Fund. (G)To return street pavement project savings to Capital Improvem (H)To fund Stevens Creek Corridor Park phase II project. (I)To return prior year unused mail archive project money to Gen Internal Balances Î The City-wide financial statements had no net interfund receivables and payable remaining after the elimination of all such balances within governmental and business-type activities. Advance to and advance from other funds During fiscal year ended June 30, 2010, the Equipment Internal Service Fund loaned the General Fund $504,497 for payment of the Prop 1A borrowing by the State of California. The General Fund is expected to repay the funds upon receipt of the repayment from the State of California during fiscal year ended June 30, 2013. 228 49 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 6 - CAPITAL ASSETS A summary of changes in governmental activities capital assets is as follows: Balance atBalance at June 30, 2011AdditionsRetirementsJune 30, 2012 Governmental activities Capital assets not being depreciated: Land$60,470,969$60,470,969 Easements19,105,143$386,81619,491,959 Total capital assets not being depreciated79,576,112386,81679,962,928 Capital assets being depreciated: Buildings40,748,29722,98640,771,283 Improvements other than buildings40,467,664862,69241,330,356 - governmental funds Machinery and Equipment 1,967,94821,6711,989,619 Road, curbs, gutters, sidewalks, medians and bridges124,446,7641 Streetlights8,294,089249,8058,543,894 Storm drain structure and mains31,916,46087,06232,003,522 Traffic signals6,066,87570,9876,137,862 Total capital assets being depreciated253,908,0973,256,052257,164,149 Less accumulated depreciation for: Buildings(16,787,485)(1,518,340)(18,305,825) Improvements other than buildings(23,425,440)(1,797,478)(25,222, governmental funds Machinery and Equipment - (1,705,189)(81,629)(1,786,818) Road, curbs, gutters, sidewalks, medians and bridges(89,935,689) Streetlights(6,516,655)(89,950)(6,606,605) Storm drain structure and mains(26,612,821)(800,098)(27,412,919) Traffic signals(4,699,412)(110,596)(4,810,008) Total accumulated depreciation(169,682,691)(7,477,054)(177,159,7 Net governmental fund program Capital assets being depreciated84,225,406(4,221,002)80,004,404 Internal service fund capital assets Machinery and equipment5,900,456943,447($539,005)6,304,898 Less Accumulated depreciation(4,967,769)(455,592)531,388(4,89 Net internal service fund capital assets Being depreciated932,687487,855(7,617)1,412,925 Governmental activity capital assets, net$164,734,205($3,346,331)($7,617)$161,380,257 229 50 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 6 - CAPITAL ASSETS (Continued) A summary of changes in business-type activities capital assets is as follows: Balance atBalance at June 30, 2011AdditionsRetirementsJune 30, 2012 Business-type activities: Capital assets being depreciated: Buildings$293,372$43,746$337,118 Improvements other than buildings492,361130,972623,333 Machinery and Equipment272,088272,088 Total capital assets being depreciated1,057,821174,7181,232,539 Less accumulated depreciation for: Buildings(36,566)(27,753)(64,319) Improvements other than buildings(57,435)(72,113)(129,548) Machinery and Equipment(186,299)(27,686)(213,985) Total accumulated depreciation(280,300)(127,552)(407,852) Total capital assets, being depreciated, net777,52147,166824,687 Business-type activity capital assets, net$777,521$47,166$824,68 Depreciation expense was charged to functions and programs based on their usage of the related assets. Depreciation expense was charged to governmental activities as follows: Administration$238,489 Public and environment affairs16,670 Administrative Services26,216 Parks and Recreation 87,593 Public Works7,108,086 Internal Service funds455,592 Total$7,932,646 Depreciation expense was charged to the business-type activities as follows: Resources Recovery$3,351 Blackberry Farms4,153 Cupertino Sports Center28,310 Recreation Program91,738 Total$127,552 230 51 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 7 - LONG-TERM DEBT (a) Cupertino Public Facilities Corporation Certificates of Participation OriginalBalanceBalance IssueJune 30,June 30,Current Amount2011AdditionsRetirements2012Portion Governmental Activity Debt: 2002 Refinancing and Capital Improvement Project, 2.00-5.00%, due 07/01/2030 $56,640,000$44,010,000$44,010,000 2012 Refinancing Certificates of Participation 0.350-3.125%, due 07/01/2030 43,940,000$43,940,000$43,940,000$1,920,000 Total long-term debt44,010,00043,940,00044,010,00043,940,000$1,920,000 Less current portions(1,545,000)(1,920,000) Non-current portions$42,465,000$43,940,000$44,010,000$42,020,000 The Cupertino Public Facilities Corporation issued Certificates of Participation to provide financing for the construction of the Community Center, improvements of the City Hall and the Library in July 1986; purchase of Wilson Park in 1989; finance the Memorial Park Expansion in 1990; and purchase the Blackberry Farm and Fremont Older site in 1991. The Cupertino Public Facilities Corporation, as lessor, leased real property to the City (under the Lease Agreement with the lessee) and assigned the base rental payments to the trustee for the benefit of the owners of the certificates of participation. The rental payments are scheduled to be sufficient in both time and amount, when the principal and interest of the certificates are due. On October 1, 2002, $56,640,000 principal amount of 2002 Refinancing and Capital Improvement Project Certificates of Participation (2002 COPs), were issued to finance the costs of acquiring and constructing a new public library and to refund the 1992A COPs, the 1992B COPS and the 1993A COPs (ÐPrior COPSÑ). Payment of the principal and interest were insured by a financial guaranty insurance policy issued by Ambac Assurance Corporation (Ambac). The reserve fund required for the 2002 COPs was funded with a reserve fund surety bond issued by Ambac. Interest payments on the 2002 COPS were payable semi-annually on January 1 and July 1. The 2002 COPs were payable by a pledge of revenues from the lease payments payable by the City pursuant to the Lease Agreement between the Cupertino Public Facilities Corporation and the City for the use and possession of the Site and Facility as described in the Lease Agreement. For the year-ended June 30, 2012, interest paid totaled $992,572. On May 9, 2012, $43,940,000 principal amount of 2012 Refinancing Certificates of Participation (2012 COPs) were issued to currently refund the 2002 COPs, to fund a reserve fund for the 2012 COPS, and pay costs incurred in connection with issuance. This current refunding was undertaken to reduce debt service payments over the next 18 years by $6,518,000, and resulted in an economic gain (difference between the present value of the debt service requirements on the old and new bonds discounted at the effective interest rate on the new debt and adjusted for any additional cash) of $6,637,000. 231 52 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 7 - LONG-TERM DEBT (Continued) The 2012 COPs are payable by a pledge of revenues from the lease payments payable by the City pursuant to the Lease Agreement between the Cupertino Public Facilities Corporation and the City for the use and possession of the Site and Facility as described in the Lease Agreement. The City also covenanted in the Lease Agreement to include all lease payments in its annual budget. Total debt service payments remaining on the 2012 COPs is $57,073,759 payable through July 1, 2030. For the year-ended June 30, 2012, the bonds had no principal or interest due. (b) Cupertino Public Facilities Corporation Certificates of Participation Annual debt service requirements for the 2012 COPs are shown below: Governmental Activities For the Year Ending June 30PrincipalInterest 2013$1,920,000$1,255,422 20142,040,0001,128,838 20152,055,0001,118,638 20162,090,0001,077,538 20172,135,0001,035,738 2018 - 202211,470,0004,382,938 2023 - 202713,275,0002,580,740 2028 - 20318,955,000553,907 Total$43,940,000$13,133,759 (c) Conduit Debt On October 1, 2001, the City authorized the issuance of the Multi-Family Housing Revenue Bonds in an amount up to $1.6 million to assist a developer in financing the cost of site acquisition and construction of a 24 unit multi-family rental housing project. The bonds are payable solely out of loan repayments received from the developer. The principal balance outstanding of the bonds and any accrued and unpaid interest is due and payable on October 1, 2031. The City has no legal or moral liability with respect to the payment of this debt. The amount of outstanding conduit debt principal at June 30, 2012 was $725,796. NOTE 8 - NET ASSETS AND FUND BALANCES Net Assets are measured on the full accrual basis while Fund Balance is measured on the modified accrual basis. Net Assets Î The government-wide and proprietary fund financial statements utilize a net assets presentation. Net assets are categorized as follows: Invested in Capital Assets, net of related debt Î This category groups all capital assets including, infrastructure, into one component of net assets. Accumulated depreciation and outstanding balances of debt that are attributable to the acquisition, construction or improvement of these assets reduce the balance in this category. 232 53 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 8 - NET ASSETS AND FUND BALANCES (Continued) Restricted Î This category represents net assets that have external restrictions imposed by creditors, grantors, contributors or laws or regulations of other governments and restrictions imposed by law through constitutional provisions or enabling legislation. At June 30, 2012, the government-wide statement of net assets reported restricted assets of $7,572,865 in governmental activities. Unrestricted Î This category represents net assets of the City that do not meet the definition of Ðinvested in capital assets, net of related debtÑ or Ðrestricted.Ñ Fund Balances Î As prescribed by GASB Statement No. 54, governmental funds report fund balance in classifications based primarily on the extent to which the City is bound to honor constraints on the specific purposes for which amounts in the funds can be spent. Fund balances for governmental funds are made up of the followings: Nonspendable Fund Balance Î includes amounts that are (a) not in spendable form, or (b) legally or contractually required to be maintained intact. The Ðnot in spendable formÑ criterion includes items that are not expected to be converted to cash, for example: prepaid items, land held for redevelopment and long-term notes receivable. Restricted Fund Balance Î includes amounts that can be spent only for the specific purposes stipulated by external resource providers, constitutionally or through enabling legislation. Restrictions may effectively be changed or lifted only with the consent of resource providers. Committed Fund Balance Î includes amounts that can only be used for the specific purposes determined by a formal action of the CityÓs highest level of decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the constraint originally (for example: resolution and ordinance). The City has no amount in this category. Assigned Fund Balance Î comprises amounts intended to be used by the City for specific purposes that are neither restricted nor committed. Intent is expressed by the City Council or official to which the City Council has delegated the authority to assign amounts to be used for specific purposes. Unassigned Fund Balance Î is the residual classification for the General Fund and includes all amounts not contained in the other classifications. Unassigned amounts are technically available for any purpose. In circumstances when an expenditure may be made for which amounts are available in multiple fund balance classifications, the fund balance in General Fund will generally be used in the order of restricted, unassigned, and then assigned reserves. In other governmental funds, the order will generally be restricted and then assigned. 54 233 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 8 - NET ASSETS AND FUND BALANCES (Continued) The City Council has established reserve policy levels for various capital and contingency purposes. These balances are reported as part of the governmental fundsÓ assigned fund balance as follows: FundAmountPurpose General Fund: For economic downturns and major unforeseen outlays. Economic uncertainty I$12,500,000 For state borrowing of local funds under Proposition 1A and other shifts of funds to address state budget deficits. Economic uncertainty II1,400,000 Economic fluctuation2,000,000For unexpected fluctuations in the economy. For potential PERS liabilities. PERS liability500,000 One-time revenues for future projects One-time revenue1,329,297 Capital Project Funds: Reserves set aside for future capital projects. Capital Improvement reserve945,570 Funds set aside for citywide infrastructure improvements. Infrastructure Reserve1,100,000 Resources for project budgets. Budgeted projects1,524,579 Designated, but not budgeted for specific project. Designated project75,924 Total assigned fund balances$21,375,370 Fund balances for all major and nonmajor governmental funds as of June 30, 2012, were distributed as follows: Public Other Facilities Governmental GeneralCorporationFundsTotal Nonspendable: Loans receivable$937,011$937,011 Prepaid items66,42866,428 Subtotal1,003,4391,003,439 Restricted for: Public access television695,564695,564 Debt service$1,680,5971,680,597 Storm drain system$864,531864,531 Parks and open space618,867618,867 Environmental management329,629329,629 Streets and road projects1,326,8991,326,899 Housing programs2,056,7782,056,778 Subtotal695,5641,680,5975,196,7047,572,865 Assigned to: General government17,729,29717,729,297 Capital projects3,646,0733,646,073 Subtotal17,729,2973,646,07321,375,370 Unassigned 6,669,3786,669,378 Total$26,097,678$1,680,597$8,842,777$36,621,052 234 55 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 9 - COMMITMENTS AND CONTINGENCIES (a) Federal and State Grant The City participates in a number of federal and state grant programs subject to financial and compliance audits by the grantors or their representatives. Audits of certain grant programs, including those for the year ended June 30, 2012, have yet to be conducted. The amount, if any, of expenditures that may be disallowed by the granting agencies cannot be determined at this time. Management believes that such disallowances, if any, would not have a material effect on the financial statements. (b) Encumbrances The City uses encumbrances to control expenditure commitments for the year. Encumbrances represent commitments related to executor contracts not yet performed and purchase orders not yet filled. Commitments for such expenditure of monies are encumbered to reserve a portion of applicable appropriations. Encumbrances still open at year end are not accounted for as expenditures and liabilities, but as restricted, or assigned fund balance. As of June 30, 2012, the City had the following encumbrances outstanding: Governmental Funds: General Fund$172,659 Other Governmental Funds1,088,951 Total encumbrances$1,261,610 (c) Lease Agreement with County of Santa Clara The City has an agreement, expiring in 2019, to lease a building to the County of Santa Clara for the purpose of providing library service to the CityÓs residents. The lease requires a minimum annual payment of $120,000 adjusted for CupertinoÓs portion of book circulation and increase of assessed valuation. This is an operating lease with a renewable option. At June 30, 2012, the cost and carrying value of the building which opened in October 2004, is $21,935,325 and $15,788,626 respectively, with $6,146,699 in accumulated depreciation. (d) Consulting Agreement for Sales Taxes The City entered into agreements with two companies to provide services consisting of the assessment and creation of new sales and use tax revenue sources for the City. The City agreed to pay the companies based on a sliding scale payment schedule dependent on the level of new sales tax revenue realized by the City as defined in the consulting agreements. The agreements with the companies expire February 19, 2013 and June 30, 2016. 235 56 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 10 - LIABILITIES UNDER SELF-INSURANCE AND RISK MANAGEMENT (a) General and Property Liability The City is self-insured for the first $250,000 of general and property liability for each occurrence, and the excess (up to $10,000,000 for each occurrence and annual aggregate) is covered through the CityÓs participation in the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN). The risk pool consists of 31 agencies within the San Francisco Bay Area. The stated purpose of the ABAG PLAN is to provide certain levels of liability insurance coverage, claims management, risk management services, and legal defense to its participating members. ABAG PLAN is governed by a Board of Directors, which comprises officials appointed by each participating member. Premiums pa to ABAG are subject to possible refund based on the results of actuarial studies and approval by the Board of Directors. Complete financial statements for ABAG PLAN may be obtained from their offices at the following address: ABAG PLAN, Finance Department, P.O. Box 2050, Oakland, CA 94604. Premiums are revised each year based on the CityÓs claims experience and risk exposure. For the year ended June 30, 2012, the City paid ABAG PLAN premiums of $172,208. (b) WorkersÓ Compensation Liability The City belongs to the CSAC Excess Insurance Authority (EIA), a joint power authority which provides excess workersÓ compensation liability claims coverage above the CityÓs self-insured retention of $500,000 per occurrence. Losses above the self-insured retention are pooled with excess reinsurance purchased to a $50,000,000 statutory limit. EIA was established in 1979 for the purpose of creating a risk management pool for all California public entities. EIA is governed by a Board of Directors consisting of representatives of its member public entities. Complete financi from their offices at the following address: CSAC Excess Insurance Authority, Finance Department, 75 Iron Point Circle, Suite 200, Folsom, CA 95630. For the year ended June 30, 2012, the City paid premiums of $59,504 to EIA. It is the CityÓs practice to obtain biennial actuarial studies for the self-insured workersÓ compensation liability. The claims liabilities included in the workersÓ compensation internal service fund is based on the results of actuarial studies and include amounts for claims incurred but not reported and loss adjustment expenses. Claim liabilities are calculated considering the effects of inflation, recent claim settlement trends, including frequency and amount of payouts, and other economic and social factors. Inflation of 2.5%, annual rate of return of 3%, claim severity increase at 2.5% were assumed. In the current year, management used actuarial estimates based on an 80% confidence level. Settlements have not exceeded insurance coverage in the past three years. 236 57 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 10 - LIABILITIES UNDER SELF-INSURANCE AND RISK MANAGEMENT Changes in the balances of workersÓ compensation claims liabilities during the years ended June 30 are as follows: 20122011 Claims liability, beginning of year$1,651,953$1,633,943 Incurred claims and changes in estimate57,022244,857 Claim payments and credits(212,997)(226,847) Total claims liability, end of year1,495,9781,651,953 Less current portion(333,694)(388,594) Non-current portion$1,162,284$1,263,359 NOTE 11 - DEFINED BENEFIT PENSION PLAN (a) Plan Description Substantially all City employees are eligible to participate in pension plans offered by California Public Employees Retirement System (CalPERS), an agent multiple employer defined benefit pension plan which acts as a common investment and administrative agent for its participating member employers. CalPERS provides retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. The CityÓs employees participate in the Miscellaneous Employee Plan (Plan). Benefit provisions under the Plan are established by State statute and City resolution. Benefits are based on years of credited service and compensation. Audited annual financial statements are available from CalPERS at www.calpers.ca.gov. (b) Funding Policy The contribution requirements of plan members and the City are established and may be amended by CalPERS. The City is required to contribute at an actuarially determined rate. Based on the June 30, 2010 actuarial report, the PlanÓs provisions and benefits in effect at June 30, 2012, are summarized as follows: Miscellaneous Benefit vesting schedule5 years service Benefit paymentsMonthly for life Eligible retirement age50 Benefits, as a % of annual salary multiplied by years of service and annual salary2% - 2.7% Required employee contribution rates8% Required employer contribution rates20.690% The City covered 75% of the employeesÓ required payroll contributions for fiscal year 2012.The City uses the actuarially determined percentages of payroll to calculate and pay 100% of the required contributions to CalPERS. This results in no net pension obligations or unpaid contributions. 237 58 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 11 - DEFINED BENEFIT PENSION PLAN (Continued) (c) Annual Pension Cost The required contribution was determined as part of June 30, 2010 actuarial valuations using the entry age normal method. The actuarial value of CalPERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a fifteen-year period. The excess of the total actuarial accrued liability over the actuarial value of plan assets is called the unfunded actuarial accrued liability. Funding requirements are determined by adding the normal cost and an amortization of the unfunded liability as a level percentage of assumed future payrolls. Initial unfunded liabilities are amortized over a closed period that depends on the planÓs date of entry into CalPERS. Subsequent plan amendments are amortized as a level percentage of pay over a closed 20- year period. Gains and losses that occur in the operation of the plan are amortized over a 30-year rolling period, which results in an amortization of about 6% of unamortized gains or losses each year. Recent Annual Pension Costs, which equal the Annual Required Contribution to CALPERS, were as follows: Annual Pension Cost (APC) Contribution Fiscal Year 6/30/2010$1,841,350100% 6/30/20112,088,898 100% 6/30/20122,657,476 100% (d) Funded Status and Funding Progress The significant actuarial assumptions used to prepare the CityÓs June 30, 2010 actuarial valuation include the following: Valuation date:June 30, 2010 ARC:Determined for fiscal year 2012/2013 Actuarial Cost Method:Entry Age Normal Cost Method Amortization Method:Level percent of payroll Average Remaining Period21 Years as of Valuation Date Asset Valuation Method:15 Year Smoothed Market Actuarial Assumptions: Investment Rate of Return:7.75% (net of administrative expenses) Projected Salary Increase:3.55% to 14.45% depending on Age, Serv Inflation:3.00% Payroll Growth:3.25% Individual Salary Growth:A merit scale varying by duration of em annual inflation growth of 3.00% and an annual production growth 59 238 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 11 - DEFINED BENEFIT PENSION PLAN (Continued) CalPERSÓ latest available actuarial data and funding progress are set forth below at their actuarial valuation date as of June 30, 2010. Actuarial accrued liabilit (AAL)$79,939,987 y Actuarial value of plan assets(61,358,259) Unfunded actuarial accrued liabilit (UAAL)$18,581,728 y Funded ration (actuarial value of plan assets/AAL)76.8% Covered payroll (active plan members)$12,428,055 UAAL as a percentae of covered paroll149.5% gy Actuarial valuations of an on-going plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of events far into the future. Amounts determined regarding the funded status of the plan and the annual required contribution of the City are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. The schedule of funding progress, presented as required supplementary information following the notes to basic financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. NOTE 12 - OTHER POST EMPLOYMENT BENEFITS (OPEB) (a) Plan Description Permanent employees who retire under the CityÓs CalPERS retireme respective collective bargaining agreements, eligible to have their medical insurance premiums paid by the City. Retirees receive the amount necessary to pay the cost of his/her enrollment, including the enrollment of his/her family members, in a health benefit plan provided by CalPERS up to the maximum received by active employees in their respective bargaining unit. The City contracts with CalPERS for this insured-benefit plan established under the state Public EmployeesÓ Medical and Hospital Care Act (PEMHCA). The plan offers employees and retirees three CalPERSÓ self-funded options, setup as insurance risk pools, or offers various third-party insured health plans. The planÓs medical benefits and premium rates are established by CalPERS and the insurance providers. The City contribution is established by City resolution. Retirees and active employees pay the difference between the premium rate and the CityÓs contribution. Premiums and City contributions are based on the plan and coverage selected by actives and retirees, with the CityÓs potential contribution ranging from zero to $1,326 per month per employee or retiree. The responsibility for benefit payments has transferred to the insurers and the City does not guarantee the benefits in the event of default by the insurers. A comprehensive annual financial report of CalPERS, inclusive of their benefit plans, is available at www.calpers.ca.gov. 239 60 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 12 - OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) (a) Plan Description (Continued) The City participates in the Public Agency Retirement System (PARS) Public Agencies Post Retirement Health Care Plan Trust Program (PARS Trust), an agent-multiple employer irrevocable trust established to fund other postemployment benefits. The PARS Trust is approved by the Internal Revenue Code Section 115 and invests funds in equity, bond, and money market mutual funds. Copies of PARS Trust annual financial report may be obtained from PARS at 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660. A separate report for the CityÓs portion of the PARS Trust is available at the CityÓs Finance Department. An employee is eligible for lifetime medical benefits under the OPEB Plan, along with his/her spouse or declared domestic partner at the time of retirement, if all criteria listed below are met: The employee was hired or the City Council member was elected prior to August 1, 2004, and the employee has five or more full-time years of service and the City Council member has five or more years of elected service with the City of Cupertino; or The employee was hired or the City Council member was elected on or after August 1, 2004, and the employee has ten or more full-time and/or elected years of CalPERS service, five years of which must be from the City of Cupertino; and The employee is eligible for retirement as defined under the CalPERS retirement system; and The employee retires from the City of Cupertino. In addition, the eligible employeeÓs dependent children at the time of retirement who are under 23 years old are eligible for medical benefits. In addition to extending the eligibility of dependents from age 23 to age 26 in accordance with the recent healthcare reform act, effective July 1, 2010, employees that retire or resign from service with the City of Cupertino and who are not eligible for retiree medical benefits can continue on the CityÓs medical and dental plans provided that they pay the premiums in full. (b) Funding Policy OPEB Plan contributions are set by the adopted budget. The cost of the benefits provided by the OPEB Plan is currently being paid by the City on a fully pre-funded basis. The City has expressed intent to fully fund the annual required contribution (ARC) each year. Based on the actuarial valuation date of January 1, 2011, the annual required contribution rate is 14.20% of annual covered payroll. For the year ended June 30, 2012, the City contributed $900,000 to the PARS Trust and paid $722,549 in healthcare premium payments to pre-fund OPEB Plan. (c) Annual OPEB Cost and Funded Status Actuarial valuations of an ongoing plan involve estimates of the value of reported amounts and assumptions about the probability of occurrence of certain events far into the future. Examples include assumptions about future employment, mortality, and the healthcare cost trend. Amounts determined regarding the funded status of the plan and the annual required contributions of the employer are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. The schedule of funding progress, presented as required supplementary information following the notes to the financial statements, presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liabilities for benefits. 240 61 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 12 - OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) (c) Annual OPEB Cost and Funded Status (Continued) Projections of benefits for financial reporting purposes are based on the substantive plan (the plan as understood by the employer and the plan members) and include the types of benefits provided at the time of each valuation and the historical pattern of sharing of benefit costs between the employer and plan members to that point. The actuarial methods and assumptions used include techniques that are designed to reduce effects of short-term volatility in actuarial accrued liabilities and the actuarial value of assets, consistent with long-term perspective of the calculat The other significant actuarial assumptions used to prepare the CityÓs January 1, 2011 actuarial valuation include the following: Valuation date:January 1, 2011 Actuarial Cost Method:Entry Age Normal Cost Method Amortization Method:Level percent of payroll (assuming 3.25% per year growth in total payroll) Closed initial 20 years period. At January 1, 2011, remaining amortization period is 18 years. Amortization Period: Asset Valuation Method:Market value Actuarial Assumptions: Investment Rate of Return:6.00% (net of investment expenses) Projected Salary Increases:3.25% Inflation:3.00% Increases in Pay:Assumed annual rates of future pay increases are based on the current CalPERS a ge and service based assumptions. Medical Inflation: YearGross City Maximum 201110.0%3.5% 20128.0%3.5% 20137.0%3.5% 20146.0%3.5% 20155.0%3.5% 2016+5.0%3.5% In addition, PEMHCA is a community-rated plan, where the same premiums apply for all plan participants regardless of the presence or number of active employees. There is no implicit rate subsidy in the premiums for pre-Medicare retirees. 241 62 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 12 - OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) (c) Annual OPEB Cost and Funded Status (Continued) The CityÓs annual OPEB cost and actual contributions to the OPEB Plan for the past three years are as follows: Percentage of Net OPEB OPEB Annual Actual AOC Obligation Fiscal YearCost (AOC)ContributionContributed(Asset) 6/30/2010$2,043,000 $7,616,760 373%($3,746,683) 6/30/20111,870,0002,688,723144%(4,565,406) 6/30/20121,900,0001,622,54985%(4,287,955) The CityÓs Net OPEB asset is recorded in the Retiree Medical Internal Service Fund and is calculated as of June 30, 2012 as follows: Annual required contribution$1,800,000 Interest on prior year net OPEB asset (273,924) Adjustment to annual required contribution 373,924 Annual OPEB cost 1,900,000 Insurance premiums paid on behalf of retirees (722,549) Contributions to trust (900,000) Decrease (increase) in net OPEB asset277,451 Net OPEB obligation (asset) June 30, 2011 (4,565,406) ($4,287,955) Net OPEB obligation (asset) June 30, 2012 The latest available actuarial data and funding progress are set forth below at their actuarial valuation date of January 1, 2011. Actuarial accrued liability (AAL) $20,869,058 Actuarial value of planned assets(7,438,341) Unfunded actuarial accrued liability (UAAL)$13,430,717 Funded Ratio (actuarial value of plan assets/AAL)35.6% Covered payroll (active plan members)$12,724,000 UAAL as a percentage of covered payroll105.6% NOTE 13 Î CONCENTRATION RISK The City has an economic dependency on revenues generated directly or indirectly from one company. For the year ended June 30, 2012, more than 10% of the City General FundÓs total revenues are derived from the company. The CityÓs operations would be adversely impacted if there are any significant declines in taxes received from the company. 242 63 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 14 Î REDEVELOPMENT AGENCY DISSOLUTION AND SUCCESSOR AGENCY ACTIVITIES Effective January 31, 2012, all Redevelopment Agencies are to be dissolved. Certain assets of the Redevelopment Agency Low and Moderate Income Housing Fund are to be distributed to a Housing Successor; and all remaining Redevelopment Agency assets and liabilities are to be distributed to a Successor Agency. The redevelopment agency dissolution acts, ABx1 26 and AB 1484, require reviews examining the activities of the former Redevelopment Agency and current Successor Agency (Agencies) to ultimately determine the amount available for distribution to other taxing entities. Specifically, the County Auditor- Controller (CAC) must conduct an agreed-upon procedure review as of January 31, 2012 and the Successor Agency must conduct a due diligence review as of June 30, 2012 by engaging either the CAC or a licensed accountant approved by the County Auditor-Controller. The Successor Agency opted to have the CAC conduct the due diligence review. The CAC has completed the agreed-upon procedure and the due diligence reviews of all funds of the Agencies and concluded that there was no amount available for distribution to other taxing entities. On August 30, 2012, the Oversight Board of the Cupertino Successor to the Redevelopment Agency reviewed and heard public comment on both reviews. On September 6, 2012, the Board approved the reviews and authorized the transmission of the amount available for distribution to the State Department of Finance and to the County Auditor- Controller. In addition, ABx1 26 and AB 1484 direct the State Controller to review the activities of all redevelopment agencies to determine whether an asset transfer between an agency and any public agency occurred on or after January 1, 2011. If an asset transfer did occur and the public agency that received the asset is not contractually committed to a third party for the expenditure or encumbrance of the asset, the legislation purports to require the State Controller to order the asset returned to the Successor Agency. The Successor Agency reported such asset transfers to the State Controller and the CAC. The State Controller has not scheduled its asset transfer review. In its agreed-upon procedure review disclosed above, the CAC concluded that no assets were to be returned to the Successor Agency under the legislation. The CityÓs elected to become the Housing Successor and on February 1, 2012, certain housing assets were transferred to the CityÓs Low and Moderate Income Housing Asset Special Revenue Fund. The dissolution acts provide a mechanism for paying remaining obligations of the Agencies and for affecting the eventual dissolution of the Successor Agency. On May 22, 2012, the Oversight Board approved the final obligations of the Agencies. AB 1484 directs that the Successor Agency will dissolve within one year after final payment. 243 64 CITY OF CUPERTINO Notes to Basic Financial Statements For the Year Ended June 30, 2012 NOTE 14 Î REDEVELOPMENT AGENCY DISSOLUTION AND SUCCESSOR AGENCY ACTIVITIES (Continued) The City also elected to become the Successor Agency and on February 1, 2012 the Redevelopment AgencyÓs remaining assets were distributed to and liabilities assumed by the Successor Agency. ABx1 26 required the establishment of an Oversight Board to oversee the activities of the Successor Agency and one was established on March 27, 2012. A summary of assets distributed and liabilities assumed by the Successor Agency, reported as an Extraordinary Item, is presented below: Transfer to Successor Agency toTransfer to AssetsRedevelopmentLow and andAgency ModerateEnding LiabilitiesPrivate-purposeIncomeBalance (Prior to transfer)Trust FundHousing AssetsJanuary 31, 2012 ASSETS Cash and investments$1,255,297($1,130,797)($124,500)$0 Total assets1,255,297(1,130,797)(124,500)0 NET ASSETS$1,255,297($1,130,797)($124,500)$0 NOTE 15 Î SUBSEQUENT EVENTS The California State Board of Equalization notified the City on October 10, 2012 that the Board proposes a $10,550,721 reallocation of the CityÓs past sales taxes to the county-wide pool. Under the BoardÓs procedures, the City will petition and appeal the reallocation. Up to half of the potential loss may be recovered by a refund of what the City paid under a sales tax consulting agreement and by what the City would receive back through the county-wide pool. 244 65 CITY OF CUPERTINO Required Supplementary Information (Unaudited) For the Year Ended June 30, 2012 Schedule of Funding Progress Î CalPERS Defined Benefit Retirement Miscellaneous Plan: Unfunded Entry AgeUnfundedAnnual(Overfunded) ValuatioAccrued Value of(Overfunded)FundedCoveredLiability as % n DateLiabilityAssetsLiabilityRatioPayrollof Payroll 6/30/2008$65,337,134$54,571,23310,765,90183.5%$11,009,98497.8% 6/30/200974,955,50457,934,85117,020,65377.3%11,668,964145.9% 6/30/201079,939,98761,358,25918,581,72876.8%12,428,055149.5% Schedule of Funding Progress Î Defined Benefit Other Post Employment Benefits Plan: Unfunded ActuarialUnfundedActuarial ActuarialAccruedActuarialActuarialLiability as ValuationLiabilityValue ofAccruedFundedCoveredPercentage of DateEntry AgeAssetsLiabilityRatioPayrollCovered Payroll 1/1/2007$21,981,544$21,981,5440.00%$11,118,000197.71% 1/1/200918,069,36618,069,3660.00%11,892,000151.95% 1/1/201120,869,058$7,438,34113,430,71735.64%12,724,000105.55% 66 245 MAJOR GOVERNMENTAL FUNDS OTHER THAN THE GENERAL FUND AND SPECIAL REVENUE FUNDS This section is provided for the presentation of budget-to-actual statements for the Public Facilities Corporation Debt Service Fund. Although the fund is considered to be a major government fund, budget- to-actual information in the basic financial statements is limited to the General Fund and major Special Revenue Funds. All other major governmental fund schedules with such information are therefore included as Supplemental Information. PUBLIC FACILITIES CORPORATION DEBT SERVICE FUND This fund accounts for the payments of principal and interest on certificates of participation issued to provide for the financing of the Civic Center, Library, Wilson Park, Memorial Park, and other City facilities. 246 67 CITY OF CUPERTINO PUBLIC FACILITIES CORPORATION DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL FOR THE YEAR ENDED JUNE 30, 2012 Variance Positive BudgeActual(Negative) t EXPENDITURES Debt service: Payment to refunded COP escrow agen$44,015,156$44,897,800($882,644) t Interest and fiscal charges2,822,8741,837,655985,219 Total Expenditures46,838,03046,735,455102,575 EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES(46,838,030)(46,735,455)102,575 OTHER FINANCING SOURCES (USES) Issuance of long-term deb44,160,00043,940,000(220,000) t Premium on long-term debt issue785,450883,83998,389 d Transfers in3,534,0003,534,000 Total Other Financing Sources (Uses)48,479,45048,357,839(121,611 NET CHANGE IN FUND BALANCE$1,641,4201,622,384($19,036) BEGINNING FUND BALANCE58,213 ENDING FUND BALANCE$1,680,597 247 68 NONMAJOR GOVERNMENTAL FUNDS All funds not considered as major funds on the Fund Financial Statements are consolidated in one column entitled ÐOther Governmental Funds.Ñ These non-major funds are identified and included in this supplementary section and includes the CityÓs Special Revenue Funds and Capital Project Funds. The Special Revenue Funds are used to account for the proceeds of specific revenue sources that are legally restricted to expenditures for specified purposes. Storm Drain Improvement - Accounts for the construction and maintenance of storm drain facilities including drainage and sanitary sewer facilities. Revenues were collected from developers as a result of connections to the storm drainage sewer system. Park Dedication - Accounts for the activity granted by the business and professions code of the State of California in accordance with the open space and conservation element of the CityÓs General Plan. Revenues of this fund are restricted for the acquisition, improvement, expansion and implementation of the CityÓs parks and recreation facilities Environmental Management / Clean Creeks - Accounts for all activities related to operating the non-point source pollution program. A parcel tax provides revenues. Transportation - Accounts for the City's gas tax, sales tax and grant revenues and expenditures related to the maintenance and construction of City streets. All revenue in this fund is restricted exclusively for street and road purposes including related engineering and administrative expenditures. Housing Development - Accounts for the Federal Housing and Community Development Gr Program activities administered through the County. Monies collected from developers that mitigate the impact of housing needs are also included. Monies in this fund are governed by the programÓs rules. Redevelopment Agency Î Accounts for the Vallco redevelopment project area and low an moderate income housing funds. Low and Moderate Income Housing Assets Î Accounts for the activities related to the housing assets assumed by the City as Housing Successor to the former Redevelopment Agency. The activities are governed by California redevelopment law and must be used to provide housing for people with low and moderate incomes. Capital Projects Funds account for the financial resources committed to the construction or improvement of major facilities. Capital Improvement Projects Fund Î Accounts for activities related to the acquisition or construction of major capital facilities. Stevens Creek Corridor Park Capital Projects Fund Î Accounts for the design and construction of the Stevens Creek Corridor Park projects. Don Burnett Bicycle-Pedestrian Bridge Î Accounts for the design and construction of a bicycle footbridge extension of Mary Avenue over Interstate 280. It includes gateways, paths, residential buffering elements, and landscaping. 248 69 CITY OF CUPERTINO NON-MAJOR GOVERNMENTAL FUNDS COMBINING BALANCE SHEETS JUNE 30, 2012 SPECIAL REVENUE FUNDS StormEnvironmental DrainPark ManagementHousing / ImprovemenDedicationClean CreeksTransportationDevelopmen tt Assets Cash and investments $863,836$617,171$335,467$1,293,848$1,180,39 Accounts receivable1,20079,51167,546 Interest receivable6954962481,076946 Loans receivable768,277 Property held for resale262,782 Total assets$864,531$618,867$335,715$1,374,435$2,279,948 Liabilities Accounts payable and accruals$288$28,663$92,395 Accrued payroll and benefits5,79818,8731,173 Deferred revenue129,602 Total Liabilities6,08647,536223,170 Fund balances Restricte$864,531$618,867329,6291,326,8992,056,778 d Assigne d Total fund balances864,531618,867329,6291,326,8992,056,778 Total liabilities and fund balances$864,531$618,867$335,715$1,37 249 70 SPECIAL REVENUE FUNDS CAPITAL PROJECT FUNDS Low anDon BurnettTotal d ModerateCapitalStevens CreeBicycleNonmajo kr RedevelopmenIncomeImprovemenCorridoPedestrianGovernmental ttr AgencyHousing AssetsProjectsParkBridgeFunds $2,794,356$921,216$27,4158,033,706 1,05919,876169,192 3,461 768,277 262,782 $2,795,415$941,092$27,415$9,237,418 $20,000$97,849$239,195 25,844 129,602 20,00097,849394,641 5,196,704 2,775,415843,243$27,4153,646,073 2,775,415843,24327,4158,842,777 $2,795,415$941,092$27,415$9,237,418 71 250 CITY OF CUPERTINO NON-MAJOR GOVERNMENTAL FUNDS COMBINING STATEMENTS OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED JUNE 30, 2012 SPECIAL REVENUE FUNDS StormEnvironmental DrainPark ManagementHousing / ImprovemenDedicationClean CreeksTransportationDevelopmen tt REVENUES Taxes$81,180$40,500$177,268 Use of money and property966721$341$7108,346 Intergovernmental1,701,964227,013 Charges for services15,757367,04510,000 Total Revenues82,14656,978367,3861,712,674412,627 EXPENDITURES Current: Community developmen1,072,980 t Public works36,143363,947791,131 Capital outla50,9191,784,365 y Total Expenditures87,062363,9472,575,4961,072,980 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES(4,916)56,9783,439(862,822)(660,353) OTHER FINANCING SOURCES (USES) Transfers in67,800950,000 Transfers (out)(43,806) Total Other Financing Sources (Uses)67,800906,194 NET CHANGE IN FUND BALANCES BEFORE EXTRAORDINARY ITEM(4,916)56,97871,23943,372(660,353) EXTRAORDINARY ITEM Assets transferred to Successor Agency/ Housing Successo r NET CHANGE IN FUND BALANCES(4,916)56,97871,23943,372(660,353) BEGINNING FUND BALANCES 869,447561,889258,3901,283,5272,717,131 ENDING FUND BALANCES $864,531$618,867$329,629$1,326,899$2,056,77 251 72 SPECIAL REVENUE FUNDSCAPITAL PROJECT FUNDS Low anDon BurnettTotal d ModerateCapitalStevens CreeBicycleNonmajo kr RedevelopmenIncomeImprovemenCorridoPedestrianGovernmental ttr AgencyHousing AssetsProjectsParkBridgeFunds $202,793$501,741 2,66013,744 $321,766$15,0002,265,743 744393,546 205,453322,51015,0003,174,774 130,665$124,5001,328,145 1,191,221 773,767862,691$38,7873,510,529 130,665124,500773,767862,69138,7876,029,895 74,788(124,500)(451,257)(847,691)(38,787)(2,855,121) 787,8061,110,0002,915,606 (1,107,820)(110,000)(1,261,626) (320,014)1,000,0001,653,980 74,788(124,500)(771,271)152,309(38,787)(1,201,141) (1,255,297)124,500(1,130,797) (1,180,509)(771,271)152,309(38,787)(2,331,938) 1,180,5093,546,686690,93466,20211,174,715 $2,775,415$843,243$27,415$8,842,777 252 73 CITY OF CUPERTINO BUDGETED NON-MAJOR FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL FOR THE YEAR ENDED JUNE 30, 2012 SPECIAL REVENUE FUNDS STORM DRAIN IMPROVEMENTPARK DEDICATION VarianceVariance PositivePositive BudgetActual(Negative)BudgetActual(Negative) REVENUES Taxes$50,000$81,180$31,180$150,000$40,500($109,500) Use of money and property20,000966(19,034)10,000721($9,279) Intergovernmental Charges for services15,757 Total Revenues70,00082,14612,146160,00056,978(118,779) EXPENDITURES Current: Community development Public works86,58736,14350,444 Capital outlay889,14650,919838,227 Total Expenditures975,73387,062888,671 EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES(905,733)(4,916)900,817160,00056,978(103,022) OTHER FINANCING SOURCES (USES) Transfers in Transfers (out) Total Other Financing Sources (Uses) NET CHANGE IN FUND BALANCES BEFORE EXTRAORDINARY ITEM($905,733)(4,916)$900,817$160,00056,978 EXTRAORDINARY ITEM Assets transferred to Successor Agency NET CHANGE IN FUND BALANCES BEGINNING FUND BALANCES 869,447561,889 ENDING FUND BALANCES $864,531$618,867 253 74 SPECIAL REVENUE FUNDS ENVIRONMENTAL MANAGEMENT/ CLEAN CREEKSTRANSPORTATIONHOUSING DEVELOPMENT VarianceVarianceVariance PositivePositivePositive BudgetActual(Negative)BudgetActual(Negative)BudgetActual(Negativ $50,000$177,268$127,268 $1,000$341($659)$10,000$710($9,290)85,0008,346(76,654) 1,524,0001,701,964177,964391,000227,013(163,987) 433,800367,045(66,755)10,00010,000 434,800367,386(67,414)1,534,0001,712,674178,674526,000412,627(11 1,150,4791,072,98077,499 556,802363,947192,855885,362791,13194,231 2,175,5171,784,365391,152 556,802363,947192,8553,060,8792,575,496485,3831,150,4791,072,980 (122,002)3,439125,441(1,526,879)(862,822)664,057(624,479)(660,35 67,80067,800950,000950,000 (43,806)(43,806) 67,80067,800906,194906,194 ($122,002)71,239$193,241($620,685)43,372$664,057($624,479)(660,3 258,3901,283,5272,717,131 $329,629$1,326,899$2,056,778 (Continued) 254 75 CITY OF CUPERTINO BUDGETED NON-MAJOR FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL FOR THE YEAR ENDED JUNE 30, 2012 SPECIAL REVENUE FUND LOW AND MODERATE REDEVELOPMENT AGENCYINCOME HOUSING ASSETS VarianceVariance PositivePositive BudgetActual(Negative)BudgetActual(Negative) REVENUES Taxes$250,000$202,793($47,207) Use of money and property2,6602,660 Intergovernmental Charges for services Total Revenues250,000205,453(44,547) EXPENDITURES Current: Community development1,137,000130,6651,006,335$250,000$124,500$1 Public works Capital outlay Total Expenditures1,137,000130,6651,006,335250,000124,500125,500 EXCESS (DEFICIENCY) OF REVENUES OVER EXPENDITURES(887,000)74,788961,788(250,000)(124,500)125,500 OTHER FINANCING SOURCES (USES) Transfers in Transfers (out) Total Other Financing Sources (Uses) NET CHANGE IN FUND BALANCES BEFORE EXTRAORDINARY ITEM($887,000)74,788$961,788($250,000)(124, EXTRAORDINARY ITEM Assets transferred to Successor Agency(1,255,297)124,500 NET CHANGE IN FUND BALANCES(1,180,509) BEGINNING FUND BALANCES1,180,509 ENDING FUND BALANCES 76 255 INTERNAL SERVICE FUNDS Internal Service Funds are used to finance and account for special activities and services provided by one department or program to other departments of the City on a cost reimbursement basis. The concept of major funds does not extend to internal service funds because they do not do business with outside parties. For the Statement of Activities, the net revenues or expenses of each internal service fund are eliminated by netting them against the operations of the City departments that generated them. The remaining balance sheet items are consolidated with these same funds in the Statement of Net Assets. However, internal service funds are still presented separately in the Fund financial statements. Information Technology - Accounts for the activities related to the maintenance and replacement of the CityÓs technology infrastructure. WorkersÓ Compensation - Accounts for the activities in support of the self-insured workersÓ compensation program. Equipment Revolving - Accounts for the activities related to the maintenance and replacement of the City's vehicle fleet and other equipment. Compensated Absences and Long-Term Disability - Accounts for accrued leave payouts and the CityÓs long term disability insurance program. Retiree Medical Î Contains funds set-aside for other post employment retirement benefits. 77 256 CITY OF CUPERTINO INTERNAL SERVICE FUNDS COMBINING STATEMENT OF NET ASSETS JUNE 30, 2012 Compensate d Absences an d Information Workers'EquipmenLong-Term Retiree t TechnologyCompensationRevolvingDisabilityMedicalTotal ASSETS Current Assets: Cash and investments $3,149,120$2,029,602$1,531,943$144,069$219, Interest receivable2,5321,6211,23241765,565 Prepaid items30,46530,465 Total current assets3,182,1172,031,2231,533,175144,073219,4187,1 Noncurrent Assets: Advances to other funds504,497504,497 Net OPEB assets 4,287,9554,287,955 Capital assets: Capital assets, Depreciable net o f accumulated depreciatio471,409941,5161,412,925 n Total noncurrent assets471,4091,446,0134,287,9556,205,377 Total Assets$3,653,526$2,031,223$2,979,188$144,073$4,507,373$13, LIABILITIES Current Liabilities: Accounts payable and accruals$23,223$43,51766,740 Accrued payroll and benefits18,885$87710,03829,800 Compensated absences$31,49031,490 Claims payable333,694333,694 Total current liabilities42,108334,57153,55531,490461,724 Non-current Liabilities: Compensated absences37,7427,07744,819 Claims payable1,162,2841,162,284 Total non-current liabilities37,7421,162,2847,0771,207,103 Total Liabilities79,8501,496,85560,63231,4901,668,827 NET ASSETS Invested in capital assets471,409941,5161,412,925 Unrestricte3,102,267534,3681,977,040112,583$4,507,37310,233,631 d Total Net Assets$3,573,676$534,368$2,918,556$112,583$4,507,373$1 257 78 CITY OF CUPERTINO INTERNAL SERVICE FUNDS COMBINING STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS FOR THE YEAR ENDED JUNE 30, 2012 Compensated Absences and Information Workers'EquipmentLong-Term Retiree TechnologyCompensationRevolvingDisabilityMedicalTotal OPERATING REVENUES Charges for services$1,681,500$406,450$1,032,610$63,782$3,184,342 Other7,5507,550 Total Operating Revenues1,681,500406,4501,040,16063,7823,191,892 OPERATING EXPENSES Salaries and related expenses520,96024,607333,030$1,900,0002,778 Materials and supplies101,927274,047375,974 Contractual services359,062138,254497,316 Insurance claims and premium150,411315,437465,848 Depreciation222,799232,793455,592 Total Operating Expenses1,204,748175,018978,124315,4371,900,0004,573,327 Operating Income (Loss)476,752231,43262,036(251,655)(1,900,000)(1,381,435 NONOPERATING REVENUES (EXPENSES) Interest income4,0002,1191,855651708,209 Total Nonoperating Revenues (Expenses)4,0002,1191,855651708,209 Income (Loss) Before Transfers480,752233,55163,891(251,590)(1,89 Transfers in200,00045,000200,0001,000,0001,445,000 Transfers (out)(30,000)(30,000) Change in Net Assets650,752233,551108,891(51,590)(899,830)41,774 BEGINNING NET ASSETS2,922,924300,8172,809,665164,1735,407,20311, ENDING NET ASSETS$3,573,676$534,368$2,918,556$112,583$4,507,373$ 258 79 CITY OF CUPERTINO INTERNAL SERVICE FUNDS COMBINING STATEMENTS OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2012 Compensate d Absences and Information Workers'Lon-TermRetiree g TechnoloCompensationEquipmentDisabilitMedicalTotal gyy CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers$1,681,500$406,450$1,040,160$63,782$ Cash paments to suppliers for oods and services(468,176)(146,975)(374,289)($1,622,549)(2,611,989) yg Cash pa ments to emploees(519,187)(24,499)(337,651)(3,437)(884,774) yy Cash pament for udment and claims(150,411)(315,437)(465,848) yjg Cash Flows from (used for) Operatin Activities694,13784,565328,220(255,092)(1,622,549)(770,719) g CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Transfers in200,00045,000200,0001,000,0001,445,000 Transfers out(30,000)(30,000) Cash Flows (used for) Noncapital Financin Activities170,00045,000200,0001,000,0001,415,000 g CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Purchase of capital assets(396,851)(538,979)(935,830) Cash Flows from Capital and Related Financin Activities(396,851)(538,979)(935,830) g CASH FLOWS FROM INVESTING ACTIVITIES Interest received6,2123,9163,6274131,48315,651 Cash Flows from Investin Activities6,2123,9163,6274131,48315,651 g et Cash Flows473,49888,481(162,132)(54,679)(621,066)(275,898) N Cash and investments at be innin of ear2,675,6221,941,1211,694,075198,748840,3087,349,874 ggy $3,149,120 $2,029,602 $1,531,943 $144,069 $219,242 $7,073,976 Cash and investments at end of year Reconciliation of operatin income (loss) to net cash flows g from operatin activities: g Operatin income (loss)$476,752$231,432$62,036($251,655)($1,900,000)($1,381,435) g Adustments to reconcile operatin income (loss) jg to net cash flows from operatin activities: g Depreciation222,799232,793455,592 Chane in assets and liabilities: g Accounts receivable9,0009,000 Prepaid expenses(12,517)(12,517) et OPEB asset277,451277,451 N Accounts paable and accruals5,33038,01243,342 y Accrued paroll and benefits1,9971083092,414 y Compensated absences(224)(4,930)(3,437)(8,591) Claims Paable(155,975)(155,975) y $328,220 Cash Flows from Operating Activities$694,137$84,565($255,092)($1,622,549)($770,719) 259 80 AGENCY FUNDS All Agency Funds, representing all fiduciary funds of the City, are custodial in nature and do not involve measurement of results of operations. Such funds have no equity since any assets are due to individuals or other entities at some future time. These funds are presented separately from the Governmental and Fund Financial Statements. Special district assessments held by the City, acting as an agent for bond debt service payments, comprise City Agency funds. The City is not liable for the debt payments. 260 81 CITY OF CUPERTINO Statement of Chanes in Assets and Liabilities g All Aenc Funds gy For the ear ended June 30, 2012 y BalanceBalance June 30, 2011AdditionsDeletionsJune 30, 2012 All Aenc Funds gy Assets Cash and investments$81,403$81,403 Liabilities Deposits$81,403$81,403 261 82 STATISTICAL SECTION 262 STATISTICAL SECTION This part of the CityÓs Comprehensive Annual Financial Report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the CityÓs overall financial health. In contrast to the financial section, the statistical section information is not subject to independent audit. Financial Trends These schedules contain trend information to help the reader understand how the CityÓs financial performance and well being have changed over time: 1.Net Assets by Component 2.Changes in Net Assets 3.Fund Balances of Governmental Funds 4.Changes in Fund Balance of Governmental Funds Revenue Capacity These schedules contain information to help the reader assess th source revenue, property tax. 1.Assessed and Estimated Actual Value of Taxable Property 2.Property Tax Rates, All Overlapping Governments 3.Principal Property Taxpayers 4.Property Tax Levies and Collections Debt Capacity These schedules present information to help the reader assess th current levels of outstanding debt and the CityÓs ability to iss 1.Ratio of Outstanding Debt by Type 2.Computation of Direct and Overlapping Debt 3.Computation of Legal Bonded Debt Margin 4.Ratio of General Bonded Debt Outstanding Demographic and Economic Information These schedules offer demographic and economic indicators to help the reader understand the environment within which the CityÓs financial activities take place: 1.Demographic and Economic Statistics 2.Principal Employers Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the CityÓs financial report relates to the servic activities it performs: 1.Full-Time Equivalent City Government Employees by Function 2.Operating Indicators by Function/Program 3.Capital Assets Statistics by Function/Program Sources Unless otherwise noted, the information in these schedules is derived from the Comprehensive Annual Financial Reports for the relevant year. 263 83 264 84 265 85 266 86 267 87 268 88 269 89 270 90 91 271 92 272 93 273 CITY OF CUPERTINO Direct and Overlapping Bonded Debt June 30, 2012 (Unaudited) 2011-12 Assessed Valuation $ 13,748,759,628 Less: Redevelopment Incremental Valuation (83,317,937) Adjusted Assessed Valuation $ 13,665,441,691 % Total DebtCityÓs Share of Overlapping Tax and Assessment Debt: 6/30/2012Applicable (1)Debt 6/30/12 Santa Clara County316,800,000$ 5.092%16,131,456$ Foothill-DeAnza Community College District628,424,288 13.865%87,131,028 West Valley Community College District210,961,930 0.641%1,352,266 Santa Clara Unified School District441,095,000 2.050%9,042,448 Fremont Union High School District260,605,108 29.932%78,004,321 Cupertino Union School District120,672,535 48.980%59,105,408 El Camino Hospital District142,280,000 1.393%1,981,960 Santa Clara Valley Water District Benefit Assessment133,440,000 5.092%6,794,765 Total Overlapping Tax and Assessment Debt2,254,278,861 259,543,651 Ratios to 2011-12 Assessed Valuation: 1.89% Total Overlapping Tax and Assessment Debt Direct and Overlapping General Fund Debt Overlapping Debt: Santa Clara County General Fund Obligations770,947,000 5.092%39,256,621$ Santa Clara County Pension Obligations383,034,822 5.092%19,504,133 Santa Clara County Board of Education COP11,540,000 5.092%587,617 Foothill-De Anza Community College District COP18,890,000 13.865%2,619,099 West Valley-Mission Community College District General Fund Obli 0.641%421,233 Santa Clara Unified School District COP12,980,000 2.050%266,090 Santa Clara County Vector Control District COP3,630,000 5.092%184,840 Midpeninsula Regional Open Space Park District COP138,474,717 7.780%10,773,333 Subtotal Overlapping General Fund Debt 73,612,9651,405,211,539 Direct Debt:City of Cupertino Certificates of Participation 43,940,000 100.000%43,940,000 Total Direct and Overlapping General Fund Debt1,449,151,539 117,552,965 (2) Combined Total Debt3,703,430,400$ 377,096,616$ Ratios to Adjusted Assessed Valuation: Total Direct Debt ($43,940,000)0.32% Combined Total Debt2.76% State School Building Aid Repayable as of 6/30/12: $ - Percentage of overlapping agency's assessed valuation located wi (1) (2) Excludes tax and revenue anticipation notes, enterprise revenue, non-bonded capital lease obligations. Source: MuniServices 274 94 95 275 96 276 277 97 278 98 279 99 280 100 281 101 COMMUNITY PROFILE 282 Cupertino owes its name and earliest mention in recorded history to the 1776 expedition led by the Spaniard, Don Juan Bautista de Anza, from Sonora, Mexico to the Port of San Francisco to found the presidio of St. Francis. Leaving the majority of the party of men, women, and children in Monterey to rest from their travels, deAnza, his diarist and cartographer, Petrus Font, and 18 other men pressed on through the Santa Clara Valley in late March to their San Francisco destination. With the expedition encamped in what is now Cupertino, Font christened the creek next to the encampment the Arroyo San Joseph Cupertino in honor of his patron, San Guiseppe (San Joseph) of Cupertino, Italy. The arroyo is now known as Stevens Creek. The village of Cupertino sprang up at the crossroads of Saratoga-Sunnyvale Road (now DeAnza Boulevard) and Stevens Creek Boulevard. It was first known as West Side; but by 1898 the post office at the Crossroads needed a new name to distinguish it from other similarly named towns. John T. Doyle, a San Francisco lawyer and historian, had given the name Cupertino to his winery in recognition of the name bestowed on the nearby creek by Petrus Font. In 1904 the name was applied to the Crossroads and to the post office when the Home Union Store incorporated under the name, The Cupertino Stores, Inc. land in grapes. Vineyards and wineries proliferated on Montebello Ridge, on the lower foothills, and on the flat lands below. After 1906 a lot more than grape growing was going on in Cupertino. Orchards were thriving and new businesses were Concerned by unplanned development, higher taxes, and community leaders began a drive in 1954 for incorporation. Cupertino rancher Norman Nathanson, the Cupertino Monta Vista Improvement Association, and the Fact Finding Committee played important roles in this movement. th City on October 10, 1955. Park, six sold to Varian Associates, a thriving young electronics firm, founded by Russell Varian, and two opted for transplanting to farms elsewhere. The name Vallco was derived from the names of the principal developers: Varian Associates and the Leonard, Lester, Craft, and Orlando families. 283 102 Cupertino, with a population of 59,022 and city limits stretching across 13 square miles, is considered to be one of the San Economic health is an essential component to maintaining a balanced city, which provides high-level opportunities, and services that create and help sustain a sense of community and quality of life. Public and private interests must be mutual sothat our success as a partnership is a direct reflection of our success as a community. The cornerstone of this partnership is a cooperative and responsive government that fosters business and residential prosperity and strengthens working relationships among all sectors of the community. Our economic development strategies are tailored to address the specific needs of Cupertino. Because this is a mature, and 90% built-out city, the focus is on business retention and revitalization. Business recruitment is site specific and targeted to industries that enhance, rather than draw from, our existing business base. Cupertino is home to many well-known high-tech companies, and offers a dynamic and exciting business climate. Apple Inc., Verigy, Durect Corporation, and Seagate are headquartered in the city. DeAnza College, one of the largest single- campus community colleges in the country, is another major employer. partnerships with local companies. The City strives to retain and attract local companies through active outreach and an entitlement process that is responsive and customer oriented. The Vallco shopping center JCPenney, and Sears as anchors and features many exciting entertainment and eating venues. Shoppers can enjoy the latest shows at the AMC 16-screen theater, full-size ice rink, and bowling at the chic and upscale Bowl Mor Lanes. They can begin or top off the evening with fine dining at the critically-acclaimed s Steakhouse or enjoy more casual cuisine at Dynasty Seafood Restaurant, Fresh Choice, and the international food court. The city features many other stores and over 160 restaurants to serve the local workforce and residents. Four hotels occupy the city: Hilton Garden Inn, Marriott Courtyard, Cupertino Inn and the Cypress Hotel, operated by the Kimpton Group. A fifth hotel with 123 rooms is under construction on DeAnza Boulevard. The City of Cupertino has a history of providing high-level municipal services to complement the sense of community and quality of life enjoyed by our constituents. The City will continue to enhance and promote a strong local economy to provide municipal services that make Cupertino a place that people are proud to call home. 284 103 2012 City Profile The City of Cupertino operates as a general law city with a City Council-City Manager form of government. Five council members serve four year, overlapping terms, with elections held every two years. The council meets twice a month on the first and third Tuesday at 6:45 p.m. in the Community Hall. The City has 163 authorized full-time benefited employee positions. City departments include Administration (City Council, commissions, city manager, city attorney); Administrative Services (finance, human resources, information technology, city clerk, neighborhood watch, emergency preparedness, code enforcement); Community Development (planning, building, and economic development); Parks and Recreation; Public Works (engineering, maintenance, transportation, solid waste, and storm drain management); and Public and Environmental Affairs. Police service is ed through the Santa Clara County Fire District. Assisting the City Council are several citizen advisory commissions/committees which include housing, telecommunications, fine arts, library, planning, audit, parks and recreation, bicycle and pedestrian, teen, economic development, strategic planning, and public safety. Members of the volunteer boards are appointed by the City Council and vacancies are announced so that interested residents may apply for the positions. Residents are kept informed about city services and programs through the Cupertino Scene, a monthly newsletter; The City Channel, government access cable TV channel HousingTax Rates and Government Services The average sales price of an existing single-family home is Residential, commercial, and industrial property is $1,198,720 as of 2012. appraised at full market value, as it existed on March 1, 1975, with increases limited to a maximum of 2% annually. Community Health Care Facilities Property created or sold since March 1, 1975 will bear full Cupertino is served by the Cupertino Medical Clinic, cash value as of the time created or sold, plus the 2% NovaCare Occupational Health Services. Nearby hospitals annual increase. The basic tax rate is $1.00 per $100 full include Kaiser Permanente Medical Center in Santa Clara, cash value plus any tax levied to cover bonded al indebtedness for county, city, school, or other taxing in San Jose, Community Hospital of Los Gatos, Stanford agencies. Assessed valuations and tax rates are published Hospital in Palo Alto, and the Saratoga Walk-in Clinic in annually after July 1. Saratoga. Retail Sales Tax: Cupertino 1%, State General Fund Utilities 3.9375%, State and Local Revenue Fund 1.0625%, State Gas & Electric Pacific Gas and Electric, 800-743-5000. Local Public Safety 0.5%, State Local Revenue 0.5%, Phone AT&T, residential service, 800-894-2355; County Transportation 0.25%, Local District (Valley business service, 800-750-2355. Transportation Authority) 1.125%. Grand Total = 8.375%. Cable Comcast, 800- 945-2288. Solid Waste & Recycling Recology, 408-725-0420. Assessed Valuation: (Secured and Unsecured) Water San Jose Water Company, 408-279-7900 and Cupertino: $14,620,390,341 (7/1/12) California Water, 650-917-0152. County: $308,808,219,666 (7/1/12) Sewer Service Cupertino Sanitary District, 408-253-7071 Transportation Rail CalTrain service to Gilroy and San Francisco, with local station four miles north of city; Amtrak station is 10 miles south. Air Mineta San Jose International Airport 11 miles south; San Francisco International Airport 30 miles north. Bus Santa Clara Valley Transportation Authority. Highways Interstate Route 280, State Route 85. 285 104 Community Statistics Facts and Figures Population in City Limits 59,022 Median Household Income $131,517 Median Age 39 Registered Voters 25,934 Democrats 9,507 Republicans 5,479 American Independent 367 Other 297 No Political Party designated 10,284 Top 40 Sales Tax Producers First Quarter 2012 (In Alphabetical Order) JC Penney Sears Apple Inc. Jo-Ann Fabrics Shane Diamond Jewelers Argonaut Window & Door Joy Luck Place Shell Service Station Benihana of Tokyo Staples Marina Foods Symantec California Dental Arts Target Chevron Service Stations Mirapath TJ Maxx Cupertino Smog Pros Mobil Service Stations Union 76 Service Station CVS Pharmacy Outback Steakhouse US Gas Service Station DeAnza College Campus Center Ricoh Corp. Valero Service Station Dynasty Restaurant Rohde & Schwarz Verigy Elephant Bar Rotten Robbie Service Station Verizon Wireless Hewlett-Packard Ranch 99 Market Insight Direct Scandinavian Designs Demographic Information Asian 63.3% White, non-Hispanic 31.3% Hispanic or Latino 3.6% Black or African American 0.6% American Indian/Alaska Native 0.2% Native Hawaiian/Other Pacific 0.1% Islander Other .6% 286 105 Blackberry Farm Blackberry Farm has been upgraded and restored to improve the natural habitat for native trees, animals, and fish. Improvements to the park include construction of a new ticket kiosk, re-plastered pools, a new water slide, bocce ball, horseshoe courts, and numerous upgrades to the west bank picnic area. The park is located at 21979 San Fernando Avenue. Telephone: 408-777-3140. The Blackberry Farm golf course is located at 22100 Stevens Creek Boulevard. Telephone: 408-253-9200. The Quinlan Community Center Civic Center and Library The complex has a 6,000 square foot Community Hall, 27,000 square foot facility that provides a variety of plaza with fountain, trees and seating areas. City Council recreational opportunities. meetings are held in the Community Hall as well as Planning Commission and Parks and Recreation Most prominent is the Cupertino Room - a multi- Commission sessions. purpose room that can accommodate 300 people in a banquet format. Telephone: 408-777-3120. The 54,000 square foot library continues to be one of the busiest in the Santa Clara County Library system. For Cupertino Sports Center more information call 408-446-1677. The Sports Center is a great place to meet friends. The McClellan Ranch Park facility features 17 tennis courts, complete locker room facilities, and a fully equipped fitness center featuring s -acre park free weights, Cybex, and cardio equipment. A teen has the appearance of a working ranch. Preserved on the center is also included as well as a child watch center. property are the original ranch house, milk barn, livestock The center is located at the corner of Stevens Creek s Blacksmith Shop, Boulevard and Stelling Road. Telephone: 408-777-originally located at DeAnza and Stevens Creek, and the 3160.old water tower from the Parish Ranch, now the site of Memorial Park. Rolling Hills 4-H Club members raise Cupertino Senior Center rabbits, chickens, sheep, swine, and cattle and a Junior Nature Museum, which features small live animal exhibits The Senior Center provides a welcome and friendly and dispenses information about bird, animal, and plant environment for adults over age 50. There is a full species of the area. McClellan Ranch is located at 22221 calendar of opportunities for learning, volunteering, and McClellan Road. Telephone: 408-777-3120. enjoying life. There are exercise classes, a computer lab and classes, language instruction including English as a second language, and cultural and special interest classes. The center also coordinates trips and socials. The Senior Center is located at 21251 Stevens Creek Boulevard and is open Monday through Friday 8 a.m. to 5 p.m. Telephone: 408-777-3150. 287 106 Winner of numerous state and national awa acknowledged to be models of quality instruction. Cupertino Union School District serves 18,000 students in a 26 square mile area that includes Cupertino and portions of five other cities. The district has 20 elementary schools and five middle schools, including several choice programs. Eighteen schools have received state and/or national awards for educational excellence. Student achievement is exceptionally high. Historically, district test scores place Cupertino among the premier public school districts in California. The district is a leader in the development of a standards-based system of education and is nationally recognized for leadership in the use of technology as an effective tool for learning. Quality teaching and parent involvement are the keys The Fremont Union High School District serves 10,000 students in a 42 square mile area covering all of Cupertino, most of Sunnyvale and portions of San Jose, Los Altos, Saratoga, and Santa Clara. The five high schools of the district have garnered many awards and recognition based on both the achievement of students and the programs designed to support student achievement. Many high schools in the district exceed their established achievement targets for the State Academic Performance Index. District students are encouraged to volunteer and/or provide service to organizations within the community. During their senior year, if students complete 80 hours of service to a non-profit community ceremonies. Building on its tradition of excellence and innovation, DeAnza Cupertino is served by two local College challenges students of every background to develop their institutions of higher education: intellect, character and abilities; to achieve their educational goals; DeAnza College and the University and to serve their community in a diverse and changing world. of San Francisco. In addition to DeAnza College offers a wide range of quality programs and services to meet the work force development needs of our region. offers easy access to Stanford The college prepares current and future employees of Silicon University, Santa Clara University Valley in traditional classroom settings and through customized training arranged by employers. Several DeAnza programs and San Jose State University . encourage economic development through college credit courses, short-term programs, services for manufacturers, technical assistance, and/or recruitment and retention services. 288 107 Things to do and See Euphrat Museum of Art The highly regarded Euphrat Museum of Art, at its new location next to the new Visual Arts and Performance Center at DeAnza College, traditionally presents one-of-a-kind exhibitions, publications and events reflecting the rich diverse heritage of our area. The Museum prides itself on its changing exhibitions of national and international stature, emphasizing Bay Area artists. Museum hours are 10 a.m. 3 p.m. Monday through Thursday. Telephone: 408-864- 5464. Fujitsu Planetarium Stargazers have a Cupertino facility catering to their interests, the Fujitsu Planetarium on the DeAnza College campus. It hosts a variety of planetarium shows and events, including educational programs for school groups and family astronomy evenings. For more information, visit the website at http://planetarium.deanza.edu or call 408-864-8814. Flint Center The cultural life of the Peninsula and South Bay is enhanced by programs presented at the Flint Center for Performing Arts located at 21250 Stevens Creek Boulevard at DeAnza College campus. The center opened in 1971 and was named in honor of Calvin C. Flint, the first chancellor of the Foothill-DeAnza Community College District. The box office is open 10 a.m. 4 p.m. Tuesday through Friday and one and one half hours prior to any performance. Box office: 408-864- 8816; administrative office: 408-864-8820. Cupertino Historical Society On May 2, 1966, the Cupertino Historical Society was founded as a non-profit organization by a group of 177 longtime residents concerned about the rapid growth in the area and its impact on the quickly vanishing Cupertino heritage. On March 30, 1990, the Society opened the Cupertino Historical Museum dedicated to the preservation and exhibition of the portunities that it offers to the ethnically diverse community of the City of Cupertino. The Society continues to build partnerships with the local school districts to ensure that the history of Cupertino is offered as part of the educational curriculum. The Society is located at the Quinlan Community Center, 10185 N. Stelling Road. Telephone: 408-973-1495. t Friday from 9:00 a.m. to 1:00 p.m. at the Vallco Shopping Mallparking lot behind JCPenney. California History Center The California History Center and Foundation is located on the DeAnza College campus. The center has published 37 volumes on California history and has a changing exhibit program. The Stocklmeir Library Archives boasts a large collection of books, a pamphlet file, oral history tapes, videotapes and al or natural history are offered by the center each quarter. For more information, call 408-864-8987. The center is open September through June 9:30 a.m. to noon and 1:00 p.m. to 4:00 p.m. Tuesday through Thursday. 289 108 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 CITY OF CUPERTINO DEVELOPMENT IMPACT FEE REPORT FISCAL YEAR ENDING JUNE 30, 2012 1. Below Market Rate Housing Mitigation fee (A) Description and Amount: An in-lieu fee collected on new resi hotel, and retail development in order to address impact on af Fee was $2.75 per sq ft on residential, $5.23 per sq ft on off and retail, and $2.62/sq ft in the Planned Industrial Zone for (B) Fees collected in FY 11/12176,952 (C) Beginning of year balance527,541 End of year balance527,349 (D) Interest earned0 (E) Expenditures: $177,144 including staff and administrative co legal and professional services 13k, Habitat for humanity WVCS affordable housing placement 75k, and Project Sentine 2. Park Dedication fee (A) Description: Fee collected on new residential developments f improvement, and maintenance of parks and recreation facili (B) Fees collected in FY 11/1240,500 (C) Beginning of year balance555,156 End of year balance596,341 (D) Interest earned685 (E) Expenditures: no expenditure currrent fiscal year. 3. N.Stelling/I-280 bridge pedestrian lighting & upgrades (A) Description: Developer contribution for City to enhance pede along North Stelling Road bridge. (B) Amount collected during year---- (C) Beginning and end of year balances -50,000 From Villa Serra 25,000 From Las Palmas 25,000 (D) No expenditures. Project on hold until sufficient funding fo 4. DeAnza/McClellan /Pacifica signal modification (A) Description: Reconfigurate the intersection to address effic and traffic flow. (B) Amount collected during year---- (C) Beginning and end of year balance:145,700 From Cupertino Town Center 145,700 (D) No expenditures. Project on hold until sufficient funding fo 311 CITY OF CUPERTINO DEVELOPMENT IMPACT FEE REPORT FISCAL YEAR ENDING JUNE 30, 2012 5. Monument gateway signs (A) Description: Upgrade or replace three existing center island (B) Amount collected during year10,000 (C) Beginning of year balance25,000 End of year balance35,000 From Pinn Brothers25,000 From Sobrato organization10,000 (D) Expenditures: Project 270-9457 funded FY2011-12, no expendit 6. Deanza/Homestead SB right turn lane upgrade (A) Description: Deanza/Homestead southbound right turn lane upg (B) Amount collected during year---- (C) Beginning and end of year balance:75,924 From Sunnyvale Town Center75,924 (D) No expenditures. Project on hold for sufficient developer co supplementary City funding. 7. Stevens Creek BLvd. and Bandley signal and median improvements (A) Description: Upgrading traffic signal and median on Stevens and DeAnza Blvd. (B) Amount collected during year50,000 (C) Beginning of year balance0 End of year balance50,000 From Byer properties 50,000 (D) No expenditures. Median design underway, signal work on hold 8. Traffic calming along Rodrigues Ave. and Pacifica Dr. (A) Description: Traffic mitigation measures to offset Civic Par (B) Amount collected during year0 (C) Beginning of year balance40,000 End of year balance24,000 From Civic Park G.LLC 40,000 (D) Expenditures: $16,000 spent in 2012 for bike lane restriping 312 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3220 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Adopt resolution amending the Unrepresented Employees’ Compensation Program by transferring the positions of Assistant City Attorney and Deputy City Attorney into this group and transferring the City Manager Position out of this group; adopt resolution amending the City Attorney Employees’ Compensation Program by transferring the City Manager position into this group and renaming it the Appointed Employees’ Compensation Program consisting of the City Manager and City Attorney and any required related action Recommended Action 1.Adopt Resolution No. 12- to amend Resolution No. 12-121; 2.Amend the Unrepresented Employee Compensation Program; 3.Adopt Resolution No. 12- to amend Resolution No, 12-122; 4.Amend the City Attorney Employees’ Compensation Program by renaming/establishing an Appointed Employees’ Compensation Program. Description In early 2010, the City of Cupertino established a City Attorney Employees’ Compensation Program comprised of the City Attorney, Assistant City Attorney and Deputy City Attorney positions. These classifications had previously been included in the Unrepresented Employees’ Compensation Program. The motivation in establishing this group was to enable the City to provide the retiree medical benefits it had agreed to provide to the City Attorney. The City has hired an Assistant City Attorney and wishes for the Unrepresented Group vesting requirements for retiree medical to apply to this classification, as well as the Deputy City Attorney classification. This “no vesting” provision for retiree medical is a benefit that is not likely necessary for recruitment for these positions and is different from others in comparable City positions. Moving these two positions back to the Unrepresented Group, will result in only one classification (the City Attorney position) remaining in the City Attorney Group. PERS and State Law has historically required more than one classification in the group for purposes of providing the retiree medical benefits without the vesting provision. Staff therefore recommends that the City amend and re-name the City Attorney Employees’ Compensation Program to that of the Appointed Employees’ Compensation Program and to include the positions of City Manager, as well as the City Attorney. This change will put the two appointed positions on parity in regards to benefits and would mean that the City Manager classification would no longer need to 313 fulfill the vesting requirements for retiree medical. The City Manager has consented to this change. To accomplish these moves, the City Council will need to adopt resolutions to amend the two compensation programs. The compensation programs have also been amended to refer to the 2% at 60 pension formula for which the City recently contracted with CalPERS, and the new retirement formula required by the California Public Employees’ Pension Reform Act. Fiscal Impact None _____________________________________ Prepared by: Carol Atwood, Director of Administrative Services Reviewed by: Monna R. Radulovich, Wiley Price & Radulovich, LLP Approved for Submission by: David Brandt, City Manager Attachments: Staff Report A-Draft resolution B-Redlined City Attorney/Appointed Employees’ Compensation program C-Draft resolution D-Redlined Unrepresented Employees’ Compensation program 314 RESOLUTION 12-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 12-122 REGARDING THE CITY ATTORNEY EMPLOYEES’ COMPENSATION PROGRAM AND RE-NAMING IT THE APPOINTED EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the City Attorney Employees’ Compensation Program and re-name it the Appointed Employees’ Compensation Program. WHEREAS, a potential conflict of interest can be avoided by creating a separate compensation program for appointed employees. WHEREAS, the positions of City Manager and City Attorney will be included in the Appointed Employees’ Compensation Program group and the positions of Assistant City Attorney and Deputy City Attorney will be moved to the Unrepresented Employees’ Compensation Program group. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: (1) The City Attorney Employees’ Compensation Program be amended to re-name it the “Appointed Employees’ Compensation Program,” to include the position of the City Manager, and remove the positions of Assistant City Attorney and Deputy City Attorney. The Appointed Employees Compensation Program is incorporated in this resolution by reference. (2) Resolution No. 12-122 is hereby amended to re-name the program as the “Appointed Employees’ Compensation Program,” reallocate the classification of City Manager to the newly named Appointed Employees’ Compensation Program, and to reallocate the classifications of Assistant City Attorney and Deputy City Attorney to the Unrepresented Employees’ Compensation Program. The City Attorney bargaining unit is also hereby re-named the Appointed Employees Bargaining Unit, and will include the City Attorney and City Manager classifications consistent with these amendments to the Compensation Program. (3) The salary and benefits of the members of the Appointed Employees’ Compensation Program are set forth as follows: a)Unless herein specified otherwise, the members of the Appointed Employees’ Compensation Program are entitled to the benefits set forth in the Unrepresented Employees’ Compensation Program; b)The terms and conditions set forth in the employment contracts for David Brandt and Carol Korade shall be given full force and effect and are incorporated herein by this reference; 315 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino th this 18 day of December 2012 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________ _____________________ Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino 316 City of Cupertino APPOINTED CITY ATTORNEY E Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter appointed by the City Council defined and designated as management employees in the City and City Attorney s office shall be eligible for participation under the Appointed City Attorney Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. appointed by Eligibility for inclusion in this Compensation program is limited to persons the City Council and holding positions as management employees, as defined under section Manager and City Attorney 2.52.290 of the Cupertino Municipal Code, in the City s Office. These are designated by the Appointing Authority and may be modified as circumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the appointed positions in the following classifications have been designated as city attorney employees. MANAGEMENT CLASSIFICATIONS: Classification Title City Manager City Attorney Assistant City Attorney Deputy City Attorney In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control. Adopted by Action of the City Council July 1,2010 Revised December 18, 2012 1 317 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. The employees will receive a one-time 2.3% payout during the pay period subsequent to the October 2, 2012 adoption of this agreement. The City will contract for a total salary and benefits survey. Groups will meet and confer regarding the results of the survey. The survey is for information only and will not cause any automatic pay adjustments. Adopted by Action of the City Council July 1, 2010 Revised October 2, 2012 Revised December 18, 2012 2 318 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 3 TRAINING AND CONFERENCES I. POLICY It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approved strategy for attracting and retaining businesses in the City. One means of implementing this encouragement is through a formal reimbursement and advance schedule for authorized attendance at such conferences, meetings and training sessions. II DEFINITIONS A. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual. B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40- mile distance from Cupertino when traveling to Alameda County. C. Meetings nference, seminar, workshop, meal, or like assembly having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. D. Training Session A training session is any type of seminar or workshop the attendance at which is for the 3 319 III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE A. Intent This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance. B. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. C. Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the maximum), van or tax airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. D. Lodging Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. Where the lodging is in connection with a conference or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. 4 320 Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement. E. Meals 1. With No Conference Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2. As Part of a Conference When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rules described in the meals with no conference paragraph. F. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Other reasonable expenses related to business purposes shall be paid consistent with this policy. No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department. G. Non-Reimbursable Expenses not The City will reimburse or advance payment toward expenses including, but not limited to: 5 321 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including those of a partner when accompanying the employee on City- related business, as well as child or pet-related expenses; 4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 5. Gifts of any kind for any purpose; 6. Service club meals; 7. Alcoholic beverages; 8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 9. Personal losses incurred while on City business. IV ATTENDANCE A. Budgetary Limitations Reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. V. FUNDING A. Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B. Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process. VI. DIRECT CASH ADVANCE POLICY From time to time, it may be necessary for a City employee to request a direct cash advance h request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the 6 322 ection VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 7 323 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 4 AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: Classification Allowance City Manager 350.00 City Attorney 350.00 Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 8 324 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 9 325 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 6 OVERTIME WORKED Management employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 10 326 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance the City Manager and under which employees in City Attorney Employee positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in pay. The City will not pay medical insurance cash back (excess of the monthly premium less the cost of the medical coverage). Medical Insurance Coverage Level City Contribution Employee 702.00 Employee + 1 762.00 Employee +2 802.00 Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 11 327 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 8 FLEXIBLE HOLIDAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of the City Manager and at holidays for City Attorney Employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 12 328 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE the City It is the policy of the City of Cupertino to make available group insurance for Manager and City Attorney Employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life insurance benefits in an amount of two and o maximum of $250,000.00. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 13 329 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and the City Manager and the reasonable retirement security for City Attorney employees for services performed for the City. The C Retirement System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent attorney employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 14 330 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 11 The City has a CalPERS 2.7% @ 55 retirement formula. The City agrees to pay contribution rate to CalPERS not to exceed 6.0% of applicable salary and each employee agrees Public Employees Retirement System has contracted The City will be contracting with CalPERS for a 2.0% @60 retirement formula December 29, 2012 for those employees hired after January 1, 2013. The City agrees to pay the each Notwithstanding the above, contributioin rate to the Public Employees Retirement System. as defined by retirement formula and cost sharing required by PEPRA, which is a 2.0% at 62 retirement formula and the employee is obligated to pay at least 50% of the normal cost of the benefit. Adopted by Action of the City Council July 1, 2010 ; December 18, 2012 Revised October 2, 2012 15 331 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which the City Manager and employees in City Attorney Employee positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $78.26 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers. Adopted by Action of City Council July 1, 2010 ; December 18, 2012 Revised October 2, 2012 16 332 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 13 ADMINISTRATIVE LEAVE City Manager and The City Attorney shall receive forty (40) hours of administrative leave with pay per year. Other City Attorney employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to their annual accrual. Employees shall be eligible to convert administrative leave hours to pay one time each calendar year. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 17 333 City of Cupertino APPOINTED CITY ATTORNEY PROGRAM Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the City Manager and the the benefit of City Attorney Employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 18 334 City of Cupertino APPOINTED CITY ATTORNEY PROGRAM Policy No. 15 PUBLIC SERVICE CREDIT VACATION ACCUMULATION City Manager and the The City Attorney and staff attorneys shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation for the City Attorney only. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 19 335 City of Cupertino APPOINTED CITY ATTORNEY Policy No. 16 HOUSING ASSISTANCE PROGRAM the City Manager and Housing assistance may be offered to the City Attorney pursuant to Resolution No. 99-070 as amended. Adopted by Action of the City Council July 1, 2010 Revised December 18, 2012 20 336 City of Cupertino APPOINTED CITY ATTORNEY GRAM Policy No. 17 VISION INSURANCE EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council July 1, 2010 ; December 18, 2012 Revised October 2, 2012 21 337 City of Cupertino Appointed Listing of City Attorney Classifications by Salary Rate or Pay Grades Effective July 1, 2012 22 338 CITY OF CUPERTINO EXEMPT POSITIONS EFFECTIVE JULY 1, 2012 The salaries, wages or rates of pay for those attorney employees whose positions are exempt under the provisions of the Cupertino Municipal Code, are set forth below. Only the City Council can modify these rates. Exempt Classification Step 1 Step 2 Step 3 Step 4 Step 5 City Manager $17,500 City Attorney $18,403 Management Classification Step 1 Step 2 Step 3 Step 4 Step 5 Å Å Å r  Å r  Å r  Assistant City Attorney 23 339 RESOLUTION 12-______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING RESOLUTION NO. 12-121, UNREPRESENTED EMPLOYEES’ COMPENSATION PROGRAM WHEREAS, the City Council desires to amend the Unrepresented Employees’ Compensation Program. WHEREAS, the positions of Assistant City Attorney and Deputy City Attorney will be moved from the City Attorney Compensation Program to the Unrepresented Employees’ Compensation Program, and the City Manager position will be moved from the Unrepresented Employees’ Compensation Program to the Appointed Employees’ Compensation Program (previously named the City Attorney Compensation Program). NOW, THEREFORE, BE IT RESOLVED that the Unrepresented Compensation Program be amended to remove the City Manager position and include the Assistant City Attorney and Deputy City Attorney positions, and such amended Unrepresented Compensation Program is incorporated in this resolution by this reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino th this 18 day of December 2012 by the following vote: VoteMembers of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________ _____________________ Grace Schmidt, City Clerk Orrin Mahoney, Mayor, City of Cupertino 340 City of Cupertino Policy No. 1 PROGRAM PURPOSE AND DEFINITIONS FOR ELIGIBILITY It is City of Cupertino policy that those certain persons holding positions hereinafter defined and designated either as management or confidential positions shall be eligible for participation under the Unrepresented Employees Compensation Program as hereby adopted by action of the City Council and as same may be amended or as otherwise modified from time to time. It is the stated purpose of this Compensation Program to give recognition to and to differentiate those eligible employees from represented employees who achieve economic gain and other conditions of employment through negotiation. It is the intent that through this policy and those which are adopted or as may be modified or rescinded from time to time such recognition may be given. Eligibility for inclusion with this Compensation program is limited to persons holding positions as management or confidential employees as defined under section 2.52.290 of the Cupertino Municipal Code. These are as designated by the Appointing Authority and may be modified as circumstances warrant. Although subject to change in accordance with provision of the Personnel Code, the positions in the following classifications have been designated as unrepresented. MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS: Classification Title Accountant Director of Community Development Accounting Technician Director of Parks and Recreation Administrative Assistant Director of Public Works Assistant City Attorney Asst. Director of Public Works - Maintenance Environmental Programs Manager Assistant Director of Public Works Executive Assistant to the City Manager Assistant to the City Manager Finance Director Building Official GIS Coordinator Capital Improvement Program Manager Human Resources Analyst I City Clerk Human Resources Director City Manager Human Resources Technician I City Planner Information Technology Manager Community Relations Coordinator Information Technology Assistant Deputy City Attorney Deputy City Clerk Director of Administrative Services 1 341 MANAGEMENT AND CONFIDENTIAL CLASSIFICATIONS (Continued) Human Resources Assistant Human Resources Analyst II Human Resources Technician II Legal Services Manager Management Analyst Network Specialist Park Restoration and Improvement Manager Public and Environmental Affairs Director Public Works Projects Manager Public Works Supervisor Recreation Supervisor Redevelopment/Economic Development Manager Senior Civil EngineerSenior Recreation Supervisor Senior Management Analyst Sustainability Manager Web Specialist In the event of any inconsistency between the Compensation Program and any Employment Contracts, the provisions of the Employment Contract and any amendments thereto control. Adopted by Action of the City Council, April 1, 1974 Revised 10/74, 3/78, 6/81, 6/82, 7/85, 7/87, 1/89, 7/90, 4/91, 5/91, 12/12 7/92, 6/95, 6/96, 7/99, 6/02, 7/04, 6/05, 04/07, 7/10, 10/12, 2 342 City of Cupertino Policy No. 2 SALARY SCHEDULE AND OTHER SALARY RATES It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated for services rendered to and on behalf of the City on the basis of equitably of pay for duties and responsibilities assigned, meritorious service and comparability with similar work in other public and private employment in the same labor market; all of which is contingent upon As rates of pay are developed through meet and confer processes subject to the underlying provisions of the Pay Plan for administration purposes, so are those rates of pay included herein as a part of this Compensation program. The inclusion herein of said rates and schedules does not affect any effective dates or otherwise reflect on the approval processes required but is shown as an integral part of this Program for completeness of record. The employees will receive a one-time 2.3% payout during the pay period subsequent to the October 2, 2012 adoption of this agreement. The City will contract for a total salary and benefits survey. Groups will meet and confer regarding the results of the survey. This survey is for information only and will not cause any automatic pay adjustments. Adopted by Action of the City Council April 1, 1974 Revised 8/78, 7/79, 6/80, 7/92, 6/95, 10/12 3 343 City of Cupertino UNREPRESENT Policy No. 3 TRAINING AND CONFERENCES I. POLICY A. Management Personnel It is City of Cupertino policy that eligible persons under this Compensation Program shall be reimbursed or receive advances in accordance with the schedules, terms and conditions as set forth herein for attendance at conferences, meetings and training sessions as defined below for each. It is the intent of this policy to encourage the continuing education and awareness of said persons in the technical improvements and innovations in their fields of endeavor as they apply to the City or to implement a City approved strategy for attracting and retaining businesses in the City. One means of implementing this encouragement is through a formal reimbursement and advance schedule for authorized attendance at such conferences, meetings and training sessions. B. Non-Management Personnel When authorized by their supervisor, a non-management person may attend a conference, meeting or training session subject to the stated terms and conditions included herein for each with payment toward or reimbursement of certain expenses incurred as defined below for each. II DEFINITIONS A. Conferences A conference is an annual meeting of a work related organization the membership of which may be held in the name of the City or the individual. B. Local Area The local area is defined to be within Santa Clara and San Mateo Counties and within a 40- mile distance from Cupertino when traveling to Alameda County. C. Meetings having to do with municipal government operations. An employee serving on a panel for interviews of job applicants shall not come under this definition. 4 344 D. Training Session A training session is any type of seminar or workshop the attendance at which is for the ischarge of assigned duties and responsibilities. III REIMBURSEMENT AND ADVANCE PAYMENT SCHEDULE A. Intent This schedule is written with the intent that the employee will make every effort to find the lowest possible cost to the City for traveling on City business. For example, if paying for parking at the airport is less expensive that paying for a taxi or airport shuttle, then the employee should drive their car and park at the airport; or if renting a car is lower than taking taxis at the out-of-town location, then a car should be rented; or air reservations should be booked in advance to obtain discounted fares. The following procedures apply whether the expense is being paid through a reimbursement or a direct advance. B. Registration Registration fees for authorized attendance at a meeting or training session will be paid by the City. C. Transportation The City will pay transportation costs on the basis of the lowest cost intent stated in paragraph A. Eligible transportation costs include airfare (with coach fare being the airport parking charges, taxi and shuttle services at the out-of-town location, trains, tolls, or rental cars. Use of a personal automobile for City business shall be reimbursed or advanced at the rate per mile in effect for such use, except in no case shall it exceed air coach fare if the vehicle is being used for getting to the destination. Government or group rates offered by a provider of transportation must be used when available. Reimbursement or advances for use of a personal automobile on City business within a local area will not be made so as to supplement that already being paid to those persons receiving a monthly mileage allowance. D. Lodging Hotel or lodging expenses of the employee resulting from the authorized event or activity defined in this policy will be reimbursed or advanced if the lodging and event occurs outside of the local area. Not covered will be lodging expenses related to person(s) who are accompanying the City member, but who themselves are not on City business. In this 5 345 instance, for example, the difference between single and multiple occupancy rates for a room will not be reimbursed. Where the lodging is in connection with a conference or other organized educational activity, City-paid lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, providing that lodging at the group rate is available at the time of booking. If the group rate at the conference hotel is not available, then the non-conference lodging policy described in the next paragraph should be followed to find another comparable hotel. Where lodging is necessary for an activity that is not related to a conference or other organized educational activity, reimbursement or advances shall be limited to the actual cost of the room at a group or government rate. In the event that a group or government rate is not available, lodging rates that do not exceed the median price for lodging for that area and time period listed on travel websites like www.hotels.com, www.expedia.com or an equivalent service shall be eligible for reimbursement or advancement. E. Meals 1. With No Conference Payments toward or reimbursement of meals related to authorized activities or events shall be at the Internal Revenue Service per diem rate for meals and incidental expenses for a given location, as stated by IRS publications 463 and 1542 and by the U.S. General Services Administration. The per diem shall be split among meals as reasonably desired and reduced accordingly for less than full travel days. If per diem is claimed, no receipts are necessary. Alternatively, the actual cost of a meal can be claimed, within a standard of reasonableness, but receipts must be kept and submitted for the expense incurred. 2. As Part of a Conference When City personnel are attending a conference or other organized educational activity, they shall be reimbursed or advanced for meals not provided by the activity, on a per diem or actual cost basis. The per diem and actual cost rate shall follow the rules described in the meals with no conference paragraph. F. Other Expenses Payments toward or reimbursement of expenses at such functions shall be limited to the actual costs consistent with the application of reasonable standards. Other reasonable expenses related to business purposes shall be paid consistent with this policy. No payments shall be made unless, where available, receipts are kept and submitted for all expenses incurred. When receipts are not available, qualifying expenditures shall be reimbursed upon signing of an affidavit of expenditure. 6 346 No payment shall be made for any expenses incurred which are of a personal nature or not within a standard of reasonableness for the situation as may be defined by the Finance Department. G. Non-Reimbursable Expenses not The City will reimburse or advance payment toward expenses including, but not limited to: 1. The personal portion of any trip; 2. Political or charitable contributions or events; 3. Family expenses, including those of a partner when accompanying the employee on City- related business, as well as child or pet-related expenses; 4. Entertainment expenses, including theatre, shows, movies, sporting events, golf, spa treatments, etc. 5. Gifts of any kind for any purpose; 6. Service club meals; of those besides economic development staff; 7. Alcoholic beverages; 8. Non-mileage personal automobile expenses including repairs, insurance, gasoline, traffic citations; and 9. Personal losses incurred while on City business. IV ATTENDANCE AUTHORIZATION A. Budgetary Limitations Notwithstanding any attendance authorization contained herein, reimbursement or advances for expenses relative to conferences, meeting or training sessions shall not exceed the budgetary limitations. B. Conference Attendance Attendance at conferences or seminars by employees must be approved by their supervisor. C. Meetings Any employee, management or non-management, may attend a meeting when authorized by their supervisor. D. Training Sessions 7 347 Any employee, management or non-management, may attend a training session when authorized by their supervisor. V. FUNDING A. Appropriation Policy It shall be the policy of the City to appropriate funds subject to availability of resources. B. Training Sessions Payments toward or reimbursement of expenses incurred in attendance at training sessions, will be appropriated annually through the budget process. VI. DIRECT CASH ADVANCE POLICY From time to time, it may be necessary for a City employee to request a direct cash advance to cover anticipated expenses while traveling or doing business request for an advance should be submitted to their supervisor no less than seven days prior to the need for the advance with the following information: 1) Purpose of the expenditure; 2) The anticipated amount of the expenditure (for example, hotel rates, meal costs, and transportation expenses); and 3) The dates of the expenditure. An accounting of expenses and return of any unused advance must be reported to the City within 30 calendar days of the nse report described in Section VII. VII. EXPENSE REPORT REQUIREMENTS All expense reimbursement requests or final accounting of advances received must be approved by their supervisor, on forms determined by the Finance Department, within 30 calendar days of an expense incurred, and accompanied by a business purpose for all expenditures and a receipt for each non- per diem item. Revised 7/83, 7/85, 7/87, 7/88, 7/91, 7/92, 12/07,7/10 8 348 City of Cupertino ROGRAM Policy No. 4 AUTOMOBILE ALLOWANCES AND MILEAGE REIMBURSEMENTS It is City of Cupertino policy that eligible persons under this Compensation Program shall be compensated fairly for the use of personal automotive vehicles on City business. In many instances the use of personal vehicles is a condition of employment due to the absence of sufficient City owned vehicles for general transportation purposes. It is not intended, however, that such a condition of employment should work an undue hardship. For this reason, the following policies shall apply for mileage reimbursements. Those persons who occasionally are required to use their personal automobiles for City business shall be reimbursed for such use at an appropriate rate established by the City Council. Submission of reimbursement requests must be approved by the Department Head. Employees in the following classifications shall be paid on a monthly basis the following automobile allowance: Classification Allowance City Manager $350.00 Director of Administrative Services 300.00 Director of Community Development 300.00 Director of Parks and Recreation 300.00 Director of Public Works 300.00 City Clerk 250.00 Public and Environmental Affairs Director 250.00 Traffic Engineer 250.00 Recreation Supervisor 200.00 Employees receiving automobile allowance shall be eligible for reimbursement for travel that exceeds two hundred miles round trip. Adopted by Action of the City Council April 1, 1974 Revised 7/74, 5/79, 6/80, 7/81, 8/84, 7/87, 1/89, 7/90, , 12/12 7/92, 6/96, 8/99, 6/00, 9/01, 1/02, 6/02, 10/07, 7/10, 7/11, 10/12 9 349 City of Cupertino ENSATION PROGRAM Policy No. 5 ASSOCIATION MEMBERSHIPS AND PROFESSIONAL PUBLICATIONS It is City of Cupertino policy that eligible persons under this Compensation Program shall be entitled to City sponsored association memberships as well as receiving subscriptions to professional and technical publications. Such sponsorship, however, shall be conditioned upon the several factors as set forth below. Each association for which membership is claimed must be directly related to the field of endeavor of the person to be benefited. Each claim for City sponsored membership shall be submitted by or through the Department Head with their concurrence to the City Manager for approval. Subscriptions to or purchase of professional and technical publications may be provided at City expense when such have been authorized by the Department Head providing the subject matter and material generally contained therein are related to municipal governmental operations. Adopted by Action of the City Council April 1, 1974 Revised 7/92 10 350 City of Cupertino Policy No. 6 OVERTIME WORKED Management and non-represented professional employees are ineligible for overtime payments for time worked in excess of what otherwise would be considered as a normal work day or work week for other employees. However, no deduction from leave balances are made when such an employee is absent for less than a regular work day as long as the employee has roval. Nothing in this policy precludes the alternative work schedule, which may include an absence of a full eight hour day, when forty hours have been worked in the same seven day work period. Adopted by Action of the City Council April 1, 1974 Revised 6/80, 7/91, 7/92, 6/96, 7/97, 4/07 11 351 City of Cupertino Policy No. 7 HEALTH BENEFITS PLAN - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide group hospital and medical insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees and their families through comprehensive health plans available only through employer sponsorship. Although the premium cost for the insurance provided remains the ultimate responsibility of the employee in these positions, the City shall contribute the amounts listed below towards the premium or pay the full cost of the premium if less than the stated amounts. If the premium amounts for any employee covered by this policy are less than the amounts listed below per month, the difference between the premium amount and the stated amounts will be included in the monthly premium less the cost of the medical coverage) for new employees hired after July 1, 2005. Medical Insurance Coverage Level City Contribution Employee 702.00 Employee + 1 762.00 Employee +2 802.00 Adopted by Action of the City Council September 16, 1974 Revised 7/75, 7/76, 7/77, 8/78, 7/79, 6/80, 6/81, 7/81, 6/82, 7/83, 7/84, 12/12 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/97, 7/99, 6/00, 6/02, 7/04, 6/05, 4/07, 12 352 City of Cupertino Policy No. 8 FLEXIBLE HOLIDAYS It is the policy of the City of Cupertino to recognize days of historical and national significance as holidays of the City without loss of pay or benefits. Recognizing the desirable times throughout the year, it is the policy of the City of Cupertino to provide days off in lieu of holidays for management and confidential employees at such times as are convenient for each employee and supervisor, when such policy is compatible with the workload and schedule of the City. Employees occupying these positions shall be provided 20 hours per calendar year as non-work time with full pay and benefits. Employees may accumulate flexible holiday hours up to two times their annual accrual. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 6/89, 7/92, 7/99 13 353 City of Cupertino Policy No. 9 LIFE AND LONG TERM DISABILITY INSURANCE It is the policy of the City of Cupertino to make available group insurance for Management and Confidential employees that will mitigate the personal and family financial hardships resulting from continuing disability that prevents an employee from performing gainfully in his or her occupation. It is further the policy of the City of Cupertino to provide life maximum of $250,000.00. Employees occupying unrepresented positions may enroll in the disability income program and the life insurance program offered if eligible under the contract provisions of the policy and the personnel rules of the City. The full cost of premiums for these programs shall be paid by the City for such employees. Adopted by Action of the City Council September 16, 1976 Revised 7/76, 6/80, 6/81, 6/82, 6/92 14 354 City of Cupertino Policy No. 10 DEFERRED COMPENSATION It is the policy of the City of Cupertino to provide equitable current compensation and reasonable retirement security for management and confidential employees for services performed for the City. The City participates in the California Pu System (PERS) and deferred compensation plans have been established. Both the employee and employer may make contributions from current earnings to these plans. The purpose of this policy is to promote means by which compensation may be provided in such manner and form to best meet the requirements of the City and the needs of individual employees, thereby increasing the ability, to attract and retain competent management and confidential employees. The City shall maintain and administer means by which employees in these positions may defer portions of their current earnings for future utilization. Usage of such plans shall be subject to such agreements, rules and procedures as are necessary to properly administer each plan. Employee contributions to such plans may be made in such amounts as felt proper and necessary to the employee. Employer contributions shall be as determined by the City Council. Adopted by Action of the City Council July 7, 1975 Revised 6/80, 7/87, 7/92, 7/99 15 355 City of Cupertino Policy No. 11 At the beginning of the pay period in which 2.7% @ 55 becomes effective, the City agrees to pay th salary and each employee agrees to pay 2.0% of applicable salary. The City agrees to pay the The City will be contracting with CalPERS for a 2/0% @60 retirement formula for those December 29, 2012 employees hired after January 2, 2013. The City agrees to pay the employee a Notwithstanding the above, contribution rate to the Public Employees Retirement System. , retirement formula and cost sharing required by PEPRA, which is a 2.0% at 62 retirement formula and the employee is obligated to pay at least 50% of the normal cost of the benefit. Adopted by Action of the City Council June, 1981 , 12/12 Revised 6/87, 6/89, 7/90, 7/91, 7/92, 6/03, 7/04, 4/07, 7/10, 10/12 16 356 City of Cupertino Policy No. 12 DENTAL INSURANCE - EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide dental insurance under which employees in Management and Confidential positions and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $78.26 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with Personnel Rules of the City and the provisions of the contract for such insurance between the City and carrier or carriers. Adopted by Action of City Council July 1, 1983 Revised 7/87, 7/88, 7/89, 7/90, 7/91, 7/92, 6/95, 7/99, 4/07, 10/12 17 357 City of Cupertino Policy No. 13 ADMINISTRATIVE LEAVE The City Manager and department heads shall receive forty (40) hours of administrative leave with pay per year. Unrepresented employees exempt from the provisions of the Fair Labor Standards Act shall receive twenty-four (24) hours of administrative leave with pay per year. Employees may accumulate administrative leave hours up to their annual accrual. Employees shall be eligible to convert administrative leave hours to pay one time each calendar year. Adopted by Action of the City Council July, 1988 Revised , 12/12 7/92, 7/97, 7/99, 7/10 18 358 City of Cupertino Policy No. 14 EMPLOYEE ASSISTANCE PROGRAM It is the policy of the City of Cupertino to provide an Employee Assistance Program for the benefit of Management and Confidential employees and their eligible dependents. The purpose of this program is to provide professional assistance and counseling concerning financial, legal, pre-retirement, and other matters of a personal nature. Adopted by Action of the City Council June 17, 1996 19 359 City of Cupertino Policy No. 15 PUBLIC SERVICE CREDIT VACATION ACCUMULATION The City Manager and department heads shall earn vacation hours under the same vacation accumulation schedule as all other employees. Credit shall be provided for previous public sector service time on a year-for-year basis as to annual vacation accumulation. Credit shall only be given for completed years of service. Public service credit shall not apply to any other supplemental benefit. Employee(s) affected by this policy will have the responsibility of providing certification as to previous public sector service. Adopted by Action of the City Council July 7, 1997 , 12/12 Revised 6/99, 7/10 20 360 City of Cupertino Policy No. 16 HOUSING ASSISTANCE PROGRAM Housing assistance may be offered to the department heads pursuant to Resolution No. 99-070. Adopted by Action of the City Council July 7, 1997 Revised 7/99, 7/10, 8/12 21 361 City of Cupertino Policy No. 17 VISION INSURANCE EMPLOYER CONTRIBUTION It is the policy of the City of Cupertino to provide vision insurance under which employees and their dependents may be covered. The purpose of this program is to promote and preserve the health of employees. The premium cost for the insurance provided by the City shall not exceed $14.94 per month per employee. Enrollment in the plan or plans made available pursuant to this policy shall be in accordance with the provisions of the contract between the City and carrier or carriers providing vision insurance coverage, Adopted by Action of the City Council July 1997 Revised 7/99, 6/02, 6/03, 7/10, 10/12 22 362 City of Cupertino Listing of Unrepresented Classifications by Salary Rate or Pay Grades City Council and Planning Commission Compensation Effective July 1, 2012 23 363 CITY OF CUPERTINO CLASSES AND POSITIONS/CITY COUNCIL AND PLANNING COMMISSION EFFECTIVE JULY 1, 2012 The salaries, wages or rates of pay for those officers and employees whose positions are exempt under the provisions of the Cupertino Municipal Code, and members of the City Council and Planning Commission, are set forth below. Only the City Council can modify these rates. Classification Step 1 Step 2 Step 3 Step 4 Step 5 City Manager $17,500 Å Å Å r Å Å Director of Administrative Services Å Å Å Å Å r Director of Community Development Å Å Å Å Å r Director of Parks and Recreation Å Å Å Å Å r  Director of Public Works Members of the City Council $730.24/month Members of the Planning Commission $50.00/meeting (maximum $200.00/month) 24 364 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE MANAGEMENT CLASSIFICATIONS EFFECTIVE JULY 1, 2012 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Assistant City Attorney 11,099 11,654 12,236 12,848 13,491 Assistant Director of Public Works $10,066 $10,570 $11,098 $11,653 $12,236 Assistant Director of Public Works - År  Å Å Å r Å r Maintenance År År År År År  Assistant to the City Manager År År Å r Å Å r  Building Official Capital Improvement Program Manager $9,190 $9,650 $10,132 $10,639 $11,171 År År År År År  City Clerk År År Å r Å Å r  City Planner r r  r r r  Deputy City Attorney År År  År  År År Environmental Programs Manager År År Å r Å Å r  Finance Director År År Å r Å Å r  Human Resources Director År År  År Å r  Å Information Technology Manager Park Restoration and Improvement Manager $9,190 $9,650 $10,132 $10,639 $11,171 År År  År Å r  Å  Public and Environmental Affairs Director År År År År År  Public Works Project Manager År År  År År År Public Works Supervisor År År År År År  Recreation Supervisor År År Å r Å Å r  Redevelopment/Economic Development Mgr År År Å r Å Å r  Senior Civil Engineer År År År  År  År Senior Recreation Supervisor Senior Management Analyst $7,094 $7,449 $7,822 $8,213 $8,623 Sustainability Manager $7,667 $8,061 $8,464 $8,887 $9,332 25 365 CITY OF CUPERTINO CLASSES AND POSITIONS BY PAY GRADE CONFIDENTIAL CLASSIFICATIONS EFFECTIVE JULY 1, 2012 Classification Step 1 Step 2 Step 3 Step 4 Step 5 År År År År År  Accountant År År År  År År Accounting Technician År År  År  År År Administrative Assistant År År År  År År Community Relations Coordinator År År  År  År År Deputy City Clerk År År År År  År Legal Services Manager År År År År  År Executive Assistant to the City Manager År År År År  År  GIS Coordinator År År År År År  Human Resources Analyst I Å r År År  År År  Human Resources Assistant År År År  År År Human Resources Analyst II År År År  År År Human Resources Technician I År  År År År  År Human Resources Technician II Å r Å r År År  År I.T. Assistant År År År  År År Network Specialist År År  År  År År Management Analyst År År År År  År  Web Specialist 26 366 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Declare weeds a nuisance and set hearing dateof January 15 for objections to proposed removal. Recommended Action Adopt draft resolution. Discussion Chapter 9.08 of the Cupertino Municipal Code requires property o destroyweeds on their property for fire protection. The weed abatement process is in place to notify the property owners of this responsibility, authorize the County to remove the weeds if the property owner doesnt, and allow the County to recover the costs of abatement. *Please note that any fees waived by the Council will be billed to the City by the County to cover their cost of servicing the property. The process consists of eight steps that begin in November and g each year. At this time the process is at Step No. 2 on the list. 1. County prepares a list of all properties that have been non-compliant in removing weeds in the last three years and provides that list to 2. City Council adopts a resolution declaring weeds a nuisance and hearing date to hear objections by property owners to having their name on the list (Dec). 3. County sends notice to the property owners on the list notifying hearing date and explaining that they must remove weeds by the a deadline of April 30 or it will be done for them, and the cost of the abatement plus administrative costs assessed to their property (Dec). 367 4.City Council holds the hearing to consider objections by propert adopts a resolution ordering abatement (Jan). 5. County sends a courtesy letter to property owners on the list notifying them again of the abatement deadline and noting that they will work w property owner to be sure the weeds are removed (Jan). 6. After April 30, the properties are inspected by the County to veweeds were removed and proceeds with abatement if the inspection fails makes an assessment list of all costs associated with the abatem that list to the City (June-July). 7. City notifies the property owners on the assessment list notifying them of the hearing date. (July-Aug). 8. City Council holds a hearing, notes any disputes, and adopts a r a lien assessment on the properties to allow the County to recov weed abatement (July-Aug). _____________________________________ Prepared by: Kirsten Squarcia, Acting Deputy City Clerk Reviewed by: Grace Schmidt, City Clerk Approved for Submission by: David Brandt, City Manager Attachments: A -Draft Resolution 368 RESOLUTIONNO.12 ARESOLUTIONOFTHECUPERTINOCITYCOUNCILDECLARING WEEDSONCERTAINDESCRIBEDPROPERTYTOBEAPUBLIC NUISANCEANDSETTINGAHEARINGFOROBJECTIONSTO PROPOSEDREMOVAL WHEREAS,weedsaregrowingintheCityofCupertinouponcertain streets,sidewalks,highways,roadsandprivateproperty;and WHEREAS,saidweedsmayattainsuchgrowthastobecomeafire menaceorwhichareotherwisenoxiousordangerous;and WHEREAS,saidweedsconstituteapublicnuisance; NOW,THEREFORE,BEITRESOLVEDbytheCityCounciloftheCityof Cupertinoasfollows: 1.Thatsaidweedsdonowconstituteapublicnuisance; 2.Thatsaidnuisanceexistsuponallofthestreets,sidewalks,highways, roadsandprivatepropertymoreparticularlydescribedbycommon namesorbyreferencetothetract,block,lot,codearea,andparcelnumber onthereportpreparedbytheAgriculturalCommissionerandattached hereto; 3.Thatthe15thdayofJanuary,2013,atthehourof6:45p.m.,orassoon thereafterasthemattercanbeheard,intheCouncilChamberinthe CommunityHall,CityofCupertino,isherebysetasthetimeandplace whereallpropertyownershavinganyobjectionstotheproposedremoval ofsuchweedsmaybeheard; 4.ThattheAgriculturalCommissionerisherebydesignatedandorderedas thepersontocausenoticeoftheadoptionofthisresolutiontobegivenin themannerandformprovidedinSections9.08.040oftheCupertino MunicipalCode. 369 ResolutionNo.12Page2 PASSEDANDADOPTEDataregularmeetingofthecityCounciloftheCityof Cupertinothis18thdayofDecember,2012,bythefollowingvote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ______________________________________________________ GraceSchmidt,CityClerkOrrinMahoney,Mayor,CityofCupertino 370 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Alcoholic Beverage License, Bombay Oven Inc, 20803 Stevens Creek Boulevard Recommended Action Approve applicationfor On-Sale Beer and Wine. Description Name of Business: Bombay Oven Location:20803Stevens Creek Boulevard Type of Business:Restaurant Type of License: On-Sale Beer and Wine(41) Reason for Application: Stock Transfer, Federal Fingerprints, State Fingerprints Discussion There are no zoning or use permit restrictions which would prohibit the sale of alcohol as proposed and staff has no objection to the issuance of this license. License Type 41 authorizes the sale of beer and winefor consumption on or off the premises where sold. _____________________________________ Prepared by: Julia Kinst, Planning Department Reviewed by: Gary Chao, City Planner; Aarti Shrivastava, Director of Communit Development Approved for Submission by: David Brandt, City Manager Attachment: Application for Alcoholic Beverage License 371 372 373 COMMUNITYDEVELOPMENTDEPARTMENT CITYHALL 10300TORREAVENUE'CUPERTINO,CA950143255 TELEPHONE:(408)7773308www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:December18,2012 Subject AlcoholicBeverageLicense,SafewayInc,WestHomesteadRoadandNorthDeAnza Boulevard RecommendedAction ApproveapplicationforOffSaleGeneral Description NameofBusiness:SafewayInc Location:WestHomesteadRoadandNorthDeAnzaBoulevard TypeofBusiness:PackageStore TypeofLicense:OffSaleGeneral(21) ReasonforApplication:PremisetoPremiseTransfer Discussion Therearenozoningorusepermitrestrictionswhichwouldprohibitthesaleofalcohol asproposedandstaffhasnoobjectiontotheissuanceofthislicense.LicenseType21 authorizesthesaleofbeer,wine,anddistilledspiritsforconsumptionoffthepremises wheresold. _____________________________________ Preparedby:JuliaKinst,PlanningDepartment Reviewedby:GaryChao,CityPlanner;AartiShrivastava,DirectorofCommunity Development ApprovedforSubmissionby:DavidBrandt,CityManager Attachment:ApplicationforAlcoholicBeverageLicense 374 375 376 377 378 ADMINISTRATIVE SERVICESDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3220www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Citizens Option for Public Safety (COPS) Program Fundsof $100,000 Recommended Action Adopt Resolution to approve the 2012-13 COPS grant funding request. Description On September 19, 2012, the State announced an $85 million 2012-13 Citizens Option for Public Safety grant for front-line law enforcement purposes to be allocated to cities and counties in proportion to their respective populations, with a minimum allocationof $100,000 per jurisdiction. The State funds this annual grant with vehicle license fees that were formerly paid to cities. Cities are required to appropriate COPS revenues to fund front l services. This can include anti-gang and community crime prevention programs. The funds are to be appropriated pursuant to a written request from hief of Police or the Chief Administrator of the law enforcement agency that provi that city. As in previous years, Captain Kenneth Binder has requested that the $100,000 be used to partially fund a second School Resource Officer for the 2012-13 school year. The Fremont Union High School District and Cupertino Union Schoowill each contribute $10,000 to cover additional hours for the second officer in 2012-13. The grant, district contributions, and expenditure are already in the 2012-13 City adopted budget. _____________________________________ Prepared by: Carol Atwood, Director of Administrative Services Approved for Submission by: David Brandt, City Manager Attachments: A-Draft Resolution 379 1$2.+43(.--. tu ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOF CUPERTINOAPPROVINGREQUESTFROMCHIEFOFPOLICEFORUSE OFTHE"(3(9$-2OPTIONFORPUBLIC SAFETY(COPS)PROGRAMFUNDSOF$100,000 WHEREAS,theStateDepartmentofFinancehasallocated$85millionof CitizensOptionforPublicSafety(COPS)grantsforfrontlinelawenforcementpurposes tobeallocatedtocitiesandcounties,inproportiontotheirrespectivepopulations,with aminimumof$100,000perjurisdiction;and WHEREAS,theStatehasdeterminedthattheCityofCupertinoshouldreceive theminimum$100,000allocationforfiscalyear201213;and WHEREAS,citiesarerequiredtoappropriateCOPSrevenuestofundfrontline municipalpoliceserviceswhichcanincludeantigangandcommunitycrime preventionprograms;and WHEREAS,thesefundsaretobeappropriatedpursuanttoawrittenrequest fromtheChiefofPoliceortheChiefAdministratorofthelawenforcementagencythat providespoliceservicesforthatcity;and WHEREAS,theCaptainofthe2®«¸¯¬¬¹Office,WestValleyDivision,inhisrole asChiefofPolice,hasrequestedthattheCOPSfundsbeusedtopartiallyfundasecond SchoolResourceOfficer. NOW,THEREFORE,BEITRESOLVEDthattheCityCounciloftheCityof CupertinoherebyapprovestheChiefof/µ²¯©«¹requestfortheexpenditureofCOPS funds. 380 ResolutionNo.12Page2 PASSEDANDADOPTEDataregularmeetingoftheCityCounciloftheCityof Cupertinothis18dayofDecember2012,bythefollowingvote: th VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ____________________________________________ GraceSchmidt,CityClerkOrrinMahoney,Mayor,CityofCupertino 381 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Improvement Agreement, George Chia-Jung Chang and Suk-Yee Chung, 10397 Palo Vista Road, APN: 357-03-027. Recommended Action Adopt Resolution No. 12-_____. Discussion Through the improvement agreement with the City, the applicants permit for a residential development will be obligated to construct City-specified street improvements, including curb, gutter anddriveway approachalong the frontage of their building site. _____________________________________ Prepared by: Chad Mosley, Associate Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: DavidBrandt, City Manager Attachments: Draft Resolution A- Improvement Agreement B- Map C- 382 ATTACHMENT A RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, GEORGE CHIA-JUNG CHANG AND SUK-YEE CHUNG, 10397 PALO VISTA ROAD, APN: 357-03-027 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and Developer, George Chia- Jung Chang and Suk-Yee Chung, for the installation of certain municipal improvements at 10397 Palo Vista Road, and said agreement having been approved by the City Attorney, and Developer having paid the fees as outlined in the NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of December, 2012, by the following vote: Members of the City Council Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________________ Grace Schmidt, City Clerk Orrin Mahoney, Mayor 383 Resolution No. 12- Page 2 EXHIBIT A SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPER: GEORGE CHIA-JUNG CHANG AND SUK-YEE CHUNG LOCATION: 10397 PALO VISTA ROAD, APN: 357-03-027 PART A. Faithful Performance Bond:$16,755.00 110-2211 PART B. Labor and Material Bond:$16,755.00 110-2211 PART C.Checking and Inspection Fee:$2,593.00 110-4538 PART D. Development Maintenance Deposit:$1,000.00 110-2211 PART E. Storm Drainage Fee Basin 2$973.89 215-4072 PART F. Street Light  One-Year Power Cost:N/A 110-4537 PART G.Map Checking Fee:N/A 110-4539 PART H. Park Fee: Zone II N/A 280-4082 PART I. Reimbursement FeeN/A 384 ATTACHMENTB 385 386 387 388 389 390 391 392 393 394 395 396 397 398 ATTACHMENT C 10475 . Subject: Improvement Agreement, George Chia-Jung Chang and Suk-Yee Chung, 10397 Palo Vista Road, APN: 357-03-027. Recommended Action: Adopt Resolution No. 12-_____. 10483 399 PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Improvement Agreement, Rajat Gupta and Puja Gupta, 22388 Santa Paula Avenue, APN: 357-05-034. Recommended Action Adopt Resolution No. 12-_____. Discussion Through the improvement agreement with the City, the applicants permit for a residential development will be obligated to construct City-specified street improvements, including curb, gutter, sidewalk and driveway approach along the frontage of their building site. _____________________________________ Prepared by: Chad Mosley, Associate Civil Engineer Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: DavidBrandt, City Manager Attachments: Draft Resolution A- Improvement Agreement B- Map C- 400 ATTACHMENT A RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT BETWEEN THE CITY AND DEVELOPER, RAJAT GUPTA AND PUJA GUPTA, 22388 SANTA PAULA AVENUE, APN: 357-05-034 WHEREAS, there has been presented to the City Council a proposed improvement agreement between the City of Cupertino and Developer, Rajat Gupta and Puja Gupta, for the installation of certain municipal improvements at 22388 Santa Paula Avenue, and said agreement having been approved by the City Attorney, an Developer having paid the fees as outlined in the attached Exhib NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk hereby authorized to sign the aforementioned agreement on behalf Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18thday of December,2012,by the following vote: Members of the City Council Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: ________________________________ Grace Schmidt, City Clerk Orrin Mahoney, Mayor 401 Resolution No. 12- Page 2 EXHIBIT A SCHEDULE OF BOND, FEES, AND DEPOSITS DEVELOPER: RAJAT GUPTA AND PUJA GUPTA LOCATION: 22388 SANTA PAULA AVENUE, APN: 357-05-034 PART A. Faithful Performance Bond:$10,000.00 110-2211 PART B. Labor and Material Bond:$10,000.00 110-2211 PART C.Checking and Inspection Fee:$2,593.00 110-4538 PART D. Development Maintenance Deposit:$1,000.00 110-2211 PART E. Storm Drainage Fee Basin 2$865.75 215-4072 PART F. Street Light  One-Year Power Cost:N/A 110-4537 PART G.Map Checking Fee:N/A 110-4539 PART H. Park Fee: Zone II N/A 280-4082 PART I. Reimbursement FeeN/A 402 ATTACHMENTB 403 404 405 406 407 408 409 410 411 412 413 ATTACHMENT C 10475 10483 10538 10554 10555 10569 10545 10560 10567 22339 10571 10575 10580 10581 10590 . Subject: Improvement Agreement, Rajat Gupta and Puja Gupta, 22388 Santa Paula Avenue, APN: 357-05-034. 10585 Recommended Action: Adopt Resolution No. 12-_____. 414 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:December18,2012 Subject ImprovementAgreement,MehrdadMojganiandHomaMojgani,22717SanJuanRoad, APN:34217025. RecommendedAction AdoptResolutionNo.12_____. Discussion ThroughtheimprovementagreementwiththeCity,theapplicantsforabuilding permitforaresidentialdevelopmentwillbeobligatedtoconstructCityspecifiedstreet improvements,includingcurb,gutter,anddrivewayapproachalongthefrontageof theirbuildingsite. _____________________________________ Preparedby:ChadMosley,AssociateCivilEngineer Reviewedby:TimmBorden,DirectorofPublicWorks ApprovedforSubmissionby:DavidBrandt,CityManager Attachments: DraftResolution A- ImprovementAgreement B- Map C- 415 ATTACHMENT A RESOLUTIONNO.12 ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCUPERTINO AUTHORIZINGEXECUTIONOFANIMPROVEMENTAGREEMENTBETWEEN THECITYANDDEVELOPER,MEHRDADMOJGANIANDHOMAMOJGANI,22717 SANJUANROAD,APN:34217025 WHEREAS,therehasbeenpresentedtotheCityCouncilaproposed improvementagreementbetweentheCityofCupertinoandDeveloper,Mehrdad MojganiandHomaMojgani,fortheinstallationofcertainmunicipalimprovementsat 22717SanJuanRoad,andsaidagreementhavingbeenapprovedbytheCityAttorney, andDeveloperhavingpaidthefeesasoutlinedintheattachedExhibitA; NOW,THEREFORE,BEITRESOLVEDTHATtheMayorandtheCityClerkare herebyauthorizedtosigntheaforementionedagreementonbehalfoftheCityof Cupertino. PASSEDANDADOPTEDataregularmeetingoftheCityCounciloftheCityof Cupertinothis18thdayofDecember,2012,bythefollowingvote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: ATTEST:APPROVED: ________________________________ GraceSchmidt,CityClerkOrrinMahoney,Mayor 416 ResolutionNo.12 Page2 EXHIBIT ! SCHEDULEOFBOND,FEES,ANDDEPOSITS DEVELOPER:MEHRDADMOJGANIANDHOMAMOJGANI LOCATION:22717SANJUANROAD,APN:34217025 PARTA.FaithfulPerformanceBond:$5,830.00 1102211 PARTB.LaborandMaterialBond:$5,830.00 1102211 PARTC.CheckingandInspectionFee:$2,593.00 1104538 PARTD.DevelopmentMaintenanceDeposit:$1,000.00 1102211 PARTE.StormDrainageFeeKBasin2$3,078.00 2154072 PARTF.StreetLightKOneYearPowerCost:N/A 1104537 PARTG.MapCheckingFee:N/A 1104539 PARTH.ParkFee:ZoneII$15,750.00 2804082 PARTI.ReimbursementFeeN/A 417 ATTACHMENTB 418 419 420 421 422 423 424 425 426 427 428 429 430 431 10631 ATTACHMENT C 10638 10650 22777 10645 10645 1 22767 10651 10663 10655 22765 10675 10679 22763 10701 10707 22755 22681 22717 22711 22760 22701 22740 22690 22670 22645 22666 22 22660 22646 . Subject: Improvement Agreement, Mehrdad Mojgani and Homa Mojgani, 22717 San Juan Road, 22630 APN: 342-17-025. 22650 Recommended Action: Adopt Resolution No. 12-_____. 22608 432 ADMINISTRATIVE SERVICES DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3220 www.cupertino.org CITYCOUNCILSTAFFREPORT Meeting:December18,2012 Subject MidYearBudgetAdjustment#3 RecommendedAction AdoptResolutionApprovingMidYearBudgetAdjustment#3 Description The201213GeneralFund$65.4millionadoptedbudgetprojectedsignificantonetime developmentprojectrevenuesandlongtermrevenuegrowthbasedupontheestimated commencementandcompletionofseveralmajordevelopmentprojects.However, someofthesemajordevelopmentprojectsarerollingoutslowerthanprojected, necessitatingthedeferralofsomebudgetedexpenditurestonextyear.Additionally, businesstobusinesssalestaxescanbequitevolatilebecauseoftheeconomyand businessinvestmentdecisions.Thesetaxesaretrendinglowerforthisyearandthenear future,requiringabudgetdecreaseandfundreserveincrease.Theproposeddeferrals anddecreasestotal$16million. TheseparateSportsCenterFundproposestoincreaseits$1.8millionexpenditure budgetby$203,500,fullyfundedbyhigherthanexpectedrevenuesthisyear. Thisreportprovidestablessummarizingtheproposedrevenueandexpenditurebudget changes,byfund,followedbyadetaileddescriptionofeachchange.Thedraft resolutionauthorizestheexpenditurebudgetchangesinordertobalancethebudget withtheestimatedrevenuedecreases. Inrecognitionofa201213GeneralFundestimatednetrevenuesdecreaseof $16,014,000,asdescribedinthefollowingrevenueincreasesanddecreasestable,the attachedresolutionauthorizesanetexpendituredecreaseof$16,014,000,asdescribed thefollowingexpenditureincreasesanddecreasestable,inordertomaintainabalanced GeneralFundbudget: RevenueIncreasesand(Decreases) Onoinsalestaxdecrease$(1,000,000) gg Onetimesalestaxdeferralto201314(6,000,000) 433 Onetimeconstructiontaxdeferralto201314(7,000,000) Onetimeuildinfeedeferralsto201314(859,000) bg Onetimelanninfeedeferralsto201314(1,870,000) pg Proerttaxadministrationfeerefund700,000 py BlackberrFarmParkconcessionsalesincrease15,000 y TOTALREVENUESDECREASE$(16,014,000)  ExpenditureIncreasesand(Decreases) Retireehealthliabilitfundindeferralto201314$(13,830,000) yg Pavementmanaementcaitalbudetdeferral(250,000) gpg Caitalroectreservedeferralto201314and201415(3,700,000) ppj AssistantCitAttornesalar/benefitsincrease110,000 yyy CitAttornesalar/benefitsadustment12,000 yyyj Salestaxlealcounselincrease80,000 g Humanresourcecontractservicesincreasefor50,000 professionalnegotiator Generaloutsidelealcounselservicesconsolidation150,000 g Consolidatehumanresourceoutsidelegalcounsel(100,000) servicesintogeneraloutsidelegalcounselcategory Consolidatesalestaxconsultantservicesintogeneral(50,000) outsidelegalcounselcategory Newsalarandbenefitssurve20,000 yy BlackberrFarmParkconcessionsuliesincrease15,000 ypp BlackberrFarmParkoolADAlift6,000 yp BlackberrFarmParkutilitbudetdulication(60,000) yygp Waterutilitcostsforstreetmedians50,000 y Streetlihtutilitcosts15,000 gy ControlofCanadaeeseinarksandathleticfields20,000 gp Virtualdesktocomuterimlementation85,000 ppp Additionaltechnologicaldatastoragecapacityand56,000 management Aendamanaementsoftwareenhancement33,000 gg Increaseunassignedreservesinanticipationo2013141,130,000 f budgetneeds CitHallofficereconfiuration125,000 yg Eronomicevaluationsandcorrections10,000 g Desktocomuters5,000 pp Lehihairualitstudcontribution4,000 gqyy TOTALEXPENDITURESDECREASE$(16,014,000)  Inrecognitionofa201213SportsCenterFundestimatedrevenuesincreaseof$203,500, asdescribedinthefollowingrevenueincreasestable,theattachedresolutionauthorizes 434 anexpenditureincreaseof$203,500,asdescribedthefollowingexpenditureincreases table,inordertomaintainabalancedSportsCenterFundbudget: RevenueIncreases Tennisinstructionrevenues$203,500  ExpenditureIncreases Tennisinstructionservicecontract$200,000 Racuetballcourtaintinroect3,500 qpgpj TOTALEXPENDITURESINCREASE$203,500  Discussion &«´«¸§²%»´ª1«¼«´»«#«©¸«§¹«¹ K($16,014,000)total SalesTaxDecreaseK($1,000,000) Businesstobusinesssalestaxesyeartodatearelessthanexpectedfor201213and basedonfuturetrendswillcomein$1millionunderbudgetforthisandthefollowing years. Onetimesalestax($6,000,000),constructiontax($7,000,000),building($859,000),and planning($1,870,000)feedeferralsto201314 Thetimetablefordevelopmentprojectsgeneratingtheserevenueshavebeenextended towheretherevenuesarenowexpectedin201314. Propertytaxadministrationfeerefund$700,000 ThecourtrecentlyruledthatCaliforniacountiesoverchargedcitiesforpropertytax administrationcostssince200506.StaffestimatesthattheCityisdue$700,000in retroactiverefundsofthiscost. BlackberryFarmconcessionrevenueincrease$15,000 RecreationrevenuesfromBlackberryFarmParkconcessionsarecominginbetterthan projected. &«´«¸§²%»´ª$¾¶«´ª¯º»¸«#«©¸«§¹«¹ K($16,014,000)total Retireehealthliabilityfundingdeferralto201314K($13,830,000) Onetimerevenuesfromdevelopmentprojectsinthecurrentyearbudgetwere appropriatedtopayofftheunfundedretireehealthinsuranceliabilityof$13.8million. Withthedeferralofdevelopmentprojectrevenuestonextyeartheassociatedliability payoffshouldbedeferredalso.$1.4millionwillremaininthebudgettofundnormal retireehealthliabilitygrowthandtheminimuminstallmentpaymentontheunfunded liability. 435 PavementmanagementcapitalbudgetreductionK($250,000) Thebudgettowardimprovingcitywidestreetpavementconditionsreceivedanextra $1.4millionoverbaselinethisfiscalyear.Muchoftheworkhasbeencompletedalready with$250,000remainingforfurtherworkthisspring.Thisisamultiyearinitiativeand theremainingbudgetcanbereprogrammedinafutureyear. CapitalImprovementReservedeferralto201314and201415K($3,700,000) Onetimerevenueswerealsobudgetedtowardeventuallybuildingthecapital improvementreserveto$4.56millionbytheendof201213andtoits$5millionpolicy levelbytheendof201314.Withthedeferraloftheonetimerevenues,revenue reductions,andfutureanticipatedreserveneeds,thecurrentcapitalreserveshouldbe keptat$515,000andtheincreasespostponedovertwoyears. AssistantCityAttorney$110,000/CityAttorney$12,000salaryandbenefitincreases ThisadjustmentfundsthenewAssistantCityAttorneyforthesecondhalfoftheyearat thenewcompensationrate.TheCouncilapprovedearlierthisyearaCityAttorney compensationadjustmentforequitypurposesandthebudgetshouldbeadjusted accordingly. Consolidatetheexistingsalestaxconsultant(legal)($50,000)andhumanresourceoutsidelegal counsel($100,000)budgetsintothegeneraloutsidelegalcounselbudget(Budgetneutral) Thebudgetswereinseparatecategoriestodirectthefundsforspecificpurposes. Combiningthemwillgivelegalstaffmoreflexibilityintheiruse. Salestaxlegalcounsel($80,000)/humanresourcecontractualservice($50,000)increases Contractualservicescostsintheseareaswillbehigherthanexpected.Thehuman resourcecontractualservicescostsareforlabornegotiationswithbothofthe"¯º¿¹ bargaininggroupswhichareexpectedtobeginearlyin2013.Iftheoutsidelegalcounsel budgetconsolidationisapproved,thentheincreaseforthesalestaxlegalcounselwill gointotheconsolidatedaccount. Newsalaryandbenefitssurvey$20,000 Acomprehensivesurveytocomparethe"¯º¿¹compensationbyjobclassagainstother citiesinthecountywillprovidevaluableinformationforfuturerecruitmentsand workforceneeds. BlackberryFarmParkconcessionsupplies$15,000increase/ADAlift$6,000increase/utility budget($60,000)decrease Inthesecondyearofthe"¯º¿¹operationoftheBlackberryFarmconcessionstand,the betterthanexpectedconcessionsaleswillbeusedtobuyamachinethatwillproduce popularshavedicedessertsforsale.AdditionalCupertinoDaysupplieswillalsobe purchased.AsecondmechanicalliftthatwillimproveADAaccessintothesecond swimmingpoolwillbeinstalled.Parkutilitybudgetsweremistakenlyduplicatedin 436 twodifferentcostaccountsresultinginanunnecessary$60,000duplicatebudget expenditure. Higherthanexpectedwater$50,000andelectrical$15,000utilitycostsforstreetmediansand streetlights. Budgetsforthesewerereducedthisyearwiththeexpectationthatsavingswouldbe realizedfromenergysavingretrofits.The$50,000projectedsavingsfromtheirrigation retrofitsarenotbeingrealizedandthebudgetneedstobeincreasedaccordingly.The retrofitcontractorisrequiredtoanalyzeandguaranteecertainsavings.This¿«§¸¹ streetlightbudgetreflects$111,000inanticipatedsavings,andwhilethosesavingsare ontrack,becauseofutilitycompanybillingcorrections,a$15,000electricbudget increaseisneededthisyear. ControlofCanadageeseinparksandathleticfields$20,000 AttheOctober16,2012meetingonthissubject,staffwasdirectedtobringbackamid yearbudgetitemtofundtheactionstobetaken. Virtualdesktopcomputerimplementation$85,000 Thisreplacesthecurrentdesktopcomputer/serverconfigurationswithamore centralizeddataandapplicationinfrastructurethatwillstrengthensecurity,improve applicationupgrades,flexibilityandperformance,reducehardwaredevices,save energy,andbettersupportmobiledevices.Returnoninvestmentexpectedineight years.Totalprojectcostsare$270,000.$125,000isalreadybudgetedbutinsufficientto gettheprojectstarted.Adding$85,000atthistimewillputintooperationthemain infrastructureandonehalfoftheclientworkstations.$60,000willbedeferredtonext fiscalyearfortheotherhalfoftheworkstations. Additionaltechnologicaldatastoragecapacityandmanagement$56,000 MaintainingthevastlibraryofCitydata,records,andarchivesonlineforpublicand staffusehasoutgrowncurrentcapacity.Additionalcapacity($50,000)andcontractor help($6,000)isneededforthecurrentarchivingproject,anticipatedgrowthofallmajor systems,andthis¹¶¸¯´­¹buildingplansetdigitizationproject. Agendamanagementsoftwareenhancement$33,000 Thislegislativemanagementsoftwaresuiteaddedtothecurrentagendamanagement packagewillprovideimprovedinformationandefficienciesforstaffandthepublic. Increaseunassignedreservesinanticipationof201314budgetneeds$1,130,000 Citypolicyestablishesa$500,000unassignedreservepolicylevelformidyearbudget adjustmentsandredeploymentintothefiveyearbudget.This©§º«­µ¸¿¹balancecan fluctuatedependingonthe"¯º¿¹financialresults,budgetactions,andassignmentof fundstootherreservecategories.Staffrecommendsincreasingthebalance,notthe policy,inthiscategoryby$1,130,000inanticipationof201314salestaxreductions. 437 CityHallofficereconfiguration$125,000/ergonomicevaluationsandcorrections$10,000/and desktopcomputers$5,000increase Currentandexpectedstaffadditionsandreorganizationrequireofficechanges, ergonomicreviewsandcorrections,anddesktopcomputersthatwillprovideadditional workstations,enhanceproductivity,andcontrolinsurancecosts. Lehighstudy$4,000 InresponsetotheBA 0,#¹recentactionsontheLehighSouthwestcementplant, theSierraClubhasrequested$4,000fromLosAltos,andLosAltosHillstohirean alreadyidentifiedconsultantwho,accordingtoareportfromaLosAltos/LosAltos HillsLehighQuarryAdHocCommittee,canproposerelativelylowcostadditional controlfeaturesfortheplantandidentifytheresultingloweremissionsthatcanbe expected.TheLosAltos/LosAltosHillsAdHocCommitteehassubsequently requestedthattheCityofCupertinoparticipatewithanadditional$4,000tofurther augmentthestudy.Thereportandletterofrequestareattached. SportsCenterFundRevenueandExpenditureIncreases$203,500 ThetennisinstructionalprogramattheSportsCenteristrendingtoreceive$300,000in additionalrevenuesbyyearend.Correspondingcontractcoststooperatetheprogram arerisingaccordingly,requiringanexpenditurebudgetincreaseof$200,000.A$3,500 increasefortheracquetballcourtrepaintingcontractisneededasthe$12,000contract bidforthatserviceturnedouthigherthanestimated.Staffproposesincreasingthe SportsCenterrevenueandexpenditurebudgetsbyabalancedtotalof$203,500. FiscalImpact AdoptingtheenclosedbudgetresolutionmaintainsabalancedCitybudgetfor201213. _____________________________________ Preparedby:DavidWoo,FinanceDirector CarolA.Atwood,DirectorofAdministrativeServices Reviewedby: ApprovedforSubmissionby:DavidBrandt,CityManager Attachments: AKDraftResolution BKLehighstudyreport 438 AttachmentA 1$2.+43(.--. tu ARESOLUTIONOFTHECITYCOUNCILOFTHECITYOFCUPERTINO AMENDINGTHEOPERATINGBUDGETFORFISCALYEAR201213BYRATIFYING THEADEQUACYOFESTIMATEDAMENDEDREVENUESTOCOVERAMENDED APPROPRIATEDMONIESANDAPPROPRIATINGMONIESTHEREFROMFOR SPECIFIEDACTIVITIESANDACCOUNTS WHEREAS,theorderlyadministrationofmunicipalgovernmentisdependent ontheestablishmentofasoundfiscalpolicyofmaintainingaproperratioof expenditureswithinanticipatedrevenuesandavailablemonies;and WHEREAS,theextentofanyprojectorprogramandthedegreeofits accomplishment,aswellastheefficiencyofperformingassigneddutiesand responsibilities,islikewisedependentonthemoniesmadeavailableforthatpurpose; and WHEREAS,theCityManagerhassubmittedhisestimatesofamended anticipatedrevenues,hasdeterminedthatestimatedamendedrevenuesareadequateto coveramendedappropriations,andhasrecommendedtheallocationofmoniesfor specifiedprogramactivities NOW,THEREFORE,BEITRESOLVEDthattheCityCouncildoesherebyadopt thattheattachedanticipatedamendedresourcestobereceivedintheGeneraland SportsCenterFundsduringfiscalyear201213aresufficienttocovertheattached amendedappropriations. BEITFURTHERRESOLVEDthatthereisappropriatedfromtheGeneraland SportsCenterFundsthesumofmoneysetforthasamendedexpendituresforthose funds,asnamedinAttachmentA1,tobeusedforthepurposesasexpressedand estimated. PASSEDANDADOPTEDataregularmeetingoftheCityCounciloftheCityof Cupertinothis18thdayofDecember2012,bythefollowingvote: VoteMembersoftheCityCouncil AYES: NOES: ABSENT: ABSTAIN: 439 Page 2 ATTEST:APPROVED: _________ GraceSchmidt,CityClerkOrrinMahoney,Mayor,CityofCupertino 440 Page 3 Resolution12AttachmentA1 Inrecognitionofa201213GeneralFundestimatednetrevenuesdecreaseof $16,014,000,asdescribedinthefollowingrevenueincreasesanddecreasestable,the resolutionauthorizesanetexpendituredecreaseof$16,014,000,asdescribedthe followingexpenditureincreasesanddecreasestable,inordertomaintainabalanced GeneralFundbudget: 1«¼«´»«(´©¸«§¹«¹§´ª#«©¸«§¹«¹ Onoinsalestaxdecrease$(1,000,000) gg Onetimesalestaxdeferralto201314(6,000,000) Onetimeconstructiontaxdeferralto201314(7,000,000) Onetimebuildinfeedeferralsto201314(859,000) g Onetimelanninfeedeferralsto201314(1,870,000) pg Proerttaxadministrationfeerefund700,000 py BlackberrFarmParkconcessionsalesincrease15,000 y TOTALREVENUESDECREASE$(16,014,000)  $¾¶«´ª¯º»¸«(´©¸«§¹«¹§´ª#«©¸«§¹«¹ Retireehealthliabilityfundingdeferralto201314$(13,830,000 ) Pavementmanaementcaitalbudetdeferral(250,000) gpg Caitalroectreservedeferralto201314and201415(3,700,000) ppj AssistantCitAttornesalar/benefitsincrease110,000 yyy CitAttornesalar/benefitsadustment12,000 yyyj Salestaxlealcounselincrease80,000 g Humanresourcecontractservicesincreasefor50,000 professionalnegotiator Generaloutsidelealcounselservicesconsolidation150,000 g Consolidatehumanresourceoutsidelegalcounsel(100,000) servicesintogeneraloutsidelegalcounselcategory Consolidatesalestaxconsultantservicesintogeneral(50,000) outsidelegalcounselcategory Newsalarandbenefitssurve20,000 yy BlackberrFarmParkconcessionsuliesincrease15,000 ypp BlackberrFarmParkoolADAlift6,000 yp BlackberrFarmParkutilitbudetdulication(60,000) yygp Waterutilitcostsforstreetmedians50,000 y Streetlihtutilitcosts15,000 gy ControlofCanadaeeseinarksandathleticfields20,000 gp Virtualdesktocomuterimlementation85,000 ppp Additionaltechnoloicaldatastoraecaacitand56,000 ggpy 441 Page 4 manaement g Aendamanaementsoftwareenhancement33,000 gg Increaseunassignedreservesinanticipationof2013141,130,000 budgetneeds CitHallofficereconfiuration125,000 yg Eronomicevaluationsandcorrections10,000 g Desktocomuters5,000 pp Lehihairualitstudcontribution4,000 gqyy TOTALEXPENDITURESDECREASE$(16,014,000 )  Inrecognitionofa201213SportsCenterFundestimatedrevenuesincreaseof$203,500, asdescribedinthefollowingrevenueincreasestable,theresolutionauthorizesan expenditureincreaseof$203,500,asdescribedthefollowingexpenditureincreasestable, inordertomaintainabalancedSportsCenterFundbudget: 1«¼«´»«(´©¸«§¹«¹ Tennisinstructionrevenues$203,500 $¾¶«´ª¯º»¸«(´©¸«§¹«¹ Tennisinstructionservicecontract$200,000 Racuetballcourtaintinroect3,500 qpgpj TOTALEXPENDITURESINCREASE$203,500 442 443 444 aw fee mog., p1mv Am- 6WR AW nq.pqm _ � � �2 C, w I -0 1 w to wo, ft. is, i 10-- uo- I ma mm vim, a r uuvm mi 6_6 vp " , M_ 0-m-w- *m"m _ - a lh. law, W__-'*'W' t*. Difilb, -ft OR- mwnr� 'TW"FrIt- I __F *mIw.w No obw 0-sm loopma M- OWES #*ON& 'AA }i' r r.._ 0 d I I L 0 ■ y _ � • v a`= "A - cow&, fiawofvoll�" m"_ "..w.mo-sloww" pwou d _ r. , n r C awft 17 b ft�__ 7, is M.- "m ow, "m -ft d, -d ML 0 Wom H_ ,Ww -0 w a a,- "m biv a- -wt *ffi, -14 ft," "'m & it - I I m b I w. affi&w m no-W, -ft to me" ***mrw R - 0, "m W � OWN - • I - -.. r� -r.. - wift i' ow ffeft a mr.�'Am-, I - a-, -a- a w. ft *", MAMW* lis aft. _- 8,_� k- -A lam- Sri - - -' WOM - t lU tir l _ J , . it s too-od, 1 7 . w 1 0 A W__ -, -1 - - - "I_ P md 00 Ak"i V I'M am "MUM& tMimim wk PUBLIC WORKS DEPARTMENT CITY HALL 1010UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: December 18, 2012 Subject Adoption of an ordinance prohibiting the feeding of waterfowl (namely, geese, ducks, and coots) in City parks and establishing a schedule of fines for such actions in violation of the proposed section of the Municipal Code. Recommended Action Conduct the first reading of Ordinance No. 12-___. Discussion On August 3, 2010 the City Council considered an ordinance to pr birds in parks. Staff and the Parks and Recreation Commission recommended of this ordinance to eliminate the feeding of waterfowl, mostly Park, because it is unhealthy for the birds,itcreates another attraction for the geese to remain in the parksand continues to create a challenge to park users.Although the draft ordinance was written to prohibit the feeding of birds in general, Parks and Recreation staff clarified that this would present a problem for the Audubon Societys bird feeding and the 4H feeding of chickensat McClellan Ranch Preserve. The current proposal limits the prohibition to waterfowl. Council discussed options regarding the fine structure and whether improved signage would address the problem, or whether fines were necessary to em consequences of feeding the waterfowl. The Council unanimously voted to adopt a sign program, and direc multiple language signs near water locations where the geese congregatThe signs list the reasons why feeding the geese is discouraged in the park. Council also directed staff to report back to Council regarding the effectiveness of the siging the feeding. As reported to Council on October 16, 2012, the resident Canada Goose population has continued to increase and the conflict between the resulting amo 446 and the communitysuse of the park has also increased. On any day, as many as 260 geese may be observed at Memorial Park. While not the sole reason for t increase, feeding of the geese has continuedand contributed to the problem. The signs and literature are still in highly visible locations. Councils direction at the October 16 th meetingwas to proceed with a management program to include dog services, lasers, and possibly radio-controlled boats.Councilalso directed staff to bring back for Council consideration a no-feed ordinance, setting a fine for feeding geese. The Humane Society of the United States states that, anti-feeding ordinances help raise public awareness and may limit casual feeding. GeesePeace, the organization cited in the presentation at the October 16Council meeting,describes an anti-feeding th ordinance as a mandatory step to begin to control the problem. Feeding bread, corn or other treats to geese increases the problem because this gi stay in the area. It also causes geese to approach people who may be afraid of them. Feeding goslingsmay cause angel wing, which is a deformity of the wing caused by rapid growth of feathers as result of a high protein diet (breadAs GeesePeace notes, Feeding geese also causes the geese to congregate in the feeding area, increasing the nuisance level in that area and causes geese to become aggre the food. Section 13.04.130 P of the Municipal Code will be added to prohibit any person from feeding or in any manner intentionally providing food to any waterfowl (geese, ducks, or coots) in any City park. In its discussion on October 16, the Council seemed to favor a fine schedule for th violations of the proposed ordinance less than the standard administrative citation scheduleestablished in Section 1.10.060 B.The current fine schedule states that code citations will result in fines of $100, $200, and $500, respectively, for the first, second, third and subsequent violations. Staff is recommending that violations of the Waterfowl Feeding Prohibition Ordinance be added to the list of violations in Section 1.12.010 F to establish fines of $50, $100, and $200, respectively. Additi may be given to first time violators. Fiscal Impact: There will be some costs for enforcement and administration of this citation program; however it is anticipated that enforcement will be only occasional and will be reactive rather than proactive. 447 _____________________________________ Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A Draft Ordinance – B  Red-Lined Version of Existing Ordinance 448 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING SECTION 13.04.130 P OF THE CUPERTINO MUNICIPAL CODE PROHIBITING THE FEEDING OF WATERFOWL IN CITY PARKS AND AMENDING SECTION 1.12.160 B TO SET A FINE SPECIFICALLY FOR THIS CODE VIOLATION THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. . Section 13.040.130 Pand Section 1.12.010F of the Cupertino Municipal Code are hereby adopted to read as follows: Section 13.04.130 P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food waterfowl (geese, ducks, or coots) in any City park. Section 1.12.010 Violation of Code. A. It is unlawful for any person to perform any act that is proh declared to be unlawful or an offense by the code, or to violate fail to comply with any of the requirements of this code. A violation of any provision or failing to comply with any of the mandatory require code shall constitute a misdemeanor, except where the violation declared to be an infraction. B. Notwithstanding the above, any violation constituting a misdemeanor may, in the discretion of the City Attorney, be charged and pros infraction. C. When a violation of a provision of this code which otherwise infraction continues to occur and the violator has been chargedwith a violation of the same provision as an infraction on at least four separate within one year has forfeited bail on each such occasion, in tha Attorney, in his or her discretion, may charge a violation of anion as a misdemeanor. 449 Ordinance No. 12- Page 2 D. Unless otherwise specified by this code, an infraction is pun 1. A fine not to exceed $100 for a first violation; 2. A fine not to exceed $200 for a second violation of the same this code within one year; and 3. A fine not to exceed $500 for a third violation of the same c this code within one year. E. Unless otherwise specified by this code, a misdemeanor is pun fine not to exceed $1,000, imprisonment for a term not exceedingor by both such fine and imprisonment. F. Unless otherwise specified by this code, a fine of $50 shall first infraction, $100 for the second infraction, $200 for the t thereafter of animals running at large, public nuisance, and restraint of dogs as specified in Title 8, Animals, Sections 8.01.030, 8.01.130, 8.03 13.04.130D, Behavior of Persons in Parks, and 13.04.130P, Feeding Waterfow Prohibited, of the Citys ordinance code. (Ord. 09-2043, 2009; Ord. 1886, (part), 2001; Ord. 1697, (part), 1995; Ord. 1497, § 1, 1989; Ord. 1179, Ord. 854, (part), 1978; Ord. 829, (part), 1977; Ord. 692, § 1, 1 1971) Section 2. . This Ordinance is intended to prohibit the feeding of waterfowlin City parks. In the absence of such a rule, many people, while well-intentioned, create numerous adverse consequences, including the spread of disease, sickness of the birds, and comp by non-native species. Section 3. . Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a co competent jurisdiction to be unlawful, unenforceable or otherwis determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circums end, the provisions hereof are severable. Section 4. This Ordinance shall take effect thirty days after adoption,as provided by Government Code Section 36937. 450 Ordinance No. 12- Page 3 Section 5. . The City Clerk shall certify to the passageand adoption of this Ordinance and shall give notice of its adoption law. Pursuant to Government Code Section 36933, a summary of this Ordinan may be published and posted in lieu of publication and posting o INTRODUCED at a regular meeting of the Cupertino City Council th 18th day of December and ENACTED at a regular meeting of the Cupertino City Council the _____day of __________ 2012 by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: _________ ___ Grace Schmidt, City Clerk Orrin Mahoney, Mayor 451 ORDINANCE NO. 12- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING SECTION 13.04.130 P OF THE CUPERTINO MUNICIPAL CODE PROHIBITING THE FEEDING OF WATERFOWL IN CITY PARKS AND AMENDING SECTION 1.12.160 B TO SET A FINE SPECIFICALLY FOR THIS CODE VIOLATION THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Code Amendment. Section 13.040.130 Pand Section 1.12.010Fof the Cupertino Municipal Code are hereby adopted to read as follows: Section 13.04.130 P. Feeding Waterfowl Prohibited. No person shall feed or in any manner intentionally provide food waterfowl (geese, ducks, or coots) in any City park. Section 1.12.010 Violation of Code. A. It is unlawful for any person to perform any act that is proh declared to be unlawful or an offense by the code, or to violate fail to comply with any of the requirements of this code. A violation of any provision or failing to comply with any of the mandatory require code shall constitute a misdemeanor, except where the violation declared to be an infraction. B. Notwithstanding the above, any violation constituting a misdemeanor may, in the discretion of the City Attorney, be charged and pros infraction. C. When a violation of a provision of this code which otherwise infraction continues to occur and the violator has been charged with a violation of the same provision as an infraction on at least four separate within one year has forfeited bail on each such occasion, in tha Attorney, in his or her discretion, may charge a violation of anion as a misdemeanor. 452 Ordinance No. 12- Page 2 D. Unless otherwise specified by this code, an infraction is pun 1. A fine not to exceed $100 for a first violation; 2. A fine not to exceed $200 for a second violation of the same this code within one year; and 3. A fine not to exceed $500 for a third violation of the same c this code within one year. E. Unless otherwise specified by this code, a misdemeanor is pun fine not to exceed $1,000, imprisonment for a term not exceedingor by both such fine and imprisonment. F. Unless otherwise specified by this code, a fine of $50 shall first infraction, $100 for the second infraction, $200 for the t thereafter of animals running at large, public nuisance, and restraint of dogs as specified in Title 8, Animals, Sections 8.01.030, 8.01.130, 8.03 13.04.130D, Behavior of Persons in Parks, and 13.04.130P, Feeding Waterfowl Prohibited, of the Citys ordinance code. (Ord. 09-2043, 2009; Ord. 1886, (part), 2001; Ord. 1697, (part), 1995; Ord. 1497, § 1, 1989; Ord. 1179, Ord. 854, (part), 1978; Ord. 829, (part), 1977; Ord. 692, § 1, 1 1971) Section 2. Statement of Purpose. This Ordinance is intended to prohibit the feeding of waterfowl in City parks. In the absence of such a rule, many people, while well-intentioned, create numerous adverse consequences, including the spread of disease, sickness of the birds, and comp by non-native species. Section 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a co competent jurisdiction to be unlawful, unenforceable or otherwis determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circums end, the provisions hereof are severable. Section 4. Effective Date. This Ordinance shall take effect thirty days after adoption,as provided by Government Code Section 36937. 453 Ordinance No. 12- Page 3 Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption law. Pursuant to Government Code Section 36933, a summary of thance may be published and posted in lieu of publication and posting o INTRODUCED at a regular meeting of the Cupertino City Council th 18th day of December and ENACTED at a regular meeting of the Cup Council the _____day of __________ 2012 by the following vote: Vote Members of the City Council Ayes: Noes: Absent: Abstain: ATTEST: APPROVED: _________ ___ Grace Schmidt, City Clerk Orrin Mahoney, Mayor 454