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AC 02-22-2021 Searchable PacketCITY OF CUPERTINO AUDIT COMMITTEE AGENDA This will be a teleconference meeting without a physical location . Monday, February 22, 2021 4:00 PM Special Meeting TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 3:00 p.m. on Monday, February 22 to the Audit Committee at AuditCommittee@cupertino.org. These e-mail comments will be received by the Audit Committee members before the meeting and posted to the City’s website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Audit Committee at AuditCommittee@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair’s discretion to shorten time for public comments). Members of the public that wish to share a document must email AuditCommittee@cupertino.org prior to speaking. 3) Teleconferencing Instructions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Oral public comments will be accepted during the teleconference meeting . Comments may be made during “oral communications” for matters not on the agenda, and during the public comment period for each agenda item . To address the Audit Committee, click on the link below to register in advance and access the meeting: Online Page 1 1 Audit Committee Agenda February 22, 2021 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_xmTKPwOKQXqm3HIxW-vGRA Phone Dial: (669) 900 6833 and enter Webinar ID: 928 7839 8891 (Type *9 to raise hand to speak). Unregistered participants will be called on by the last four digits of their phone number . Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) 213.19.144.110 (Amsterdam Netherlands) 213.244.140.110 (Germany) 103.122.166.55 (Australia) 69.174.57.160 (Canada) Meeting ID: 928 7839 8891 SIP: 94306353463@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer . 2. You will be asked to enter an email address and a name, followed by an email with instructions on how to connect to the meeting . Your email address will not be disclosed to the public. If you wish to make an oral public comment but do not wish to provide your name, you may enter “Cupertino Resident” or similar designation. 3. When the Chair calls for the item on which you wish to speak, click on “raise hand.” Speakers will be notified shortly before they are called to speak. 4. When called, please limit your remarks to the time allotted and the specific agenda topic . In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in Page 2 2 Audit Committee Agenda February 22, 2021 advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. NOTICE AND CALL FOR A SPECIAL MEETING OF THE AUDIT COMMITTEE NOTICE IS HEREBY GIVEN that a special meeting of the Audit Committee is hereby called for Monday, February 22, 2021, commencing at 4:00 p.m. In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Oath of Office for newly-appointed Committee members: training on Commissioner Handbook approved by City Council on January 19, 2021 Recommended Action: 1.) Conduct Oath of Office for newly-appointed commission members; and 2.) conduct training on Commissioner Handbook Commissioner Handbook APPROVAL OF MINUTES 2.Subject: Approve Minutes of Special Meeting on January 27, 2021. Recommended Action: Approve Minutes of Special Meeting on January 27, 2021. Draft Minutes NEW BUSINESS 3.Subject: Budget Format Review 4.Subject: Review of FY 2019-20 CAFR and Supplemental Reports - Lai and Geerdes Recommended Action: Review of FY 2019-20 CAFR and Supplemental Reports A - FY 2019-20 CAFR Draft B - GAGAS Draft C - SAS 114 Draft D - Cupertino GANN AUP Draft E - Investment AUP Draft F - TDA Draft 5.Subject: Internal Audit Report (Enterprise Risk Assessment) - Moss Adams Recommended Action: Review Internal Audit Report (Enterprise Risk Assessment) and provide input. Page 3 3 Audit Committee Agenda February 22, 2021 Internal Audit Report (Enterprise Risk Assessment) 6.Subject: Embezzlement Debrief ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Committee on any matter within the jurisdiction of the Committee and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. OLD BUSINESS POSTPONEMENTS STAFF AND COMMITTEE REPORTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City’s website and kept in packet archives. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . Members of the public are entitled to address the members concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the members on any other item not on the agenda, you may do so during the public comment . Page 4 4 CITY OF CUPERTINO Agenda Item 21-8779 Agenda Date: 2/22/2021 Agenda #: 1. Subject:Oath of Office for newly-appointed Committee members:training on Commissioner Handbook approved by City Council on January 19, 2021 1.)Conduct Oath of Office for newly-appointed commission members;and 2.)conduct training on Commissioner Handbook CITY OF CUPERTINO Printed on 2/16/2021Page 1 of 1 powered by Legistar™5 COMMISSIONER’S HANDBOOK 2021 6 ii WELCOME AND ORIENTATION Welcome and thank you for your willingness to serve as a member of a City of  Cupertino Commission. Advisory bodies play an important role in City governance by  assisting the City Council in addressing specific issues in detail and facilitating  community decision‐making.    The City of Cupertino has a number of advisory bodies, each with distinct  responsibilities. As a new advisory body member, you should familiarize yourself with  the documents governing your particular body including City ordinances, City Council  resolutions, relevant element(s) of the General Plan, and other documents, all available  from your staff liaison. Reviewing these documents will help you get a sense of your  responsibilities.    This Handbook is designed to serve as a reference for the basic protocols that apply  generally to all City advisory bodies. Orientation is necessarily an active process. As a new  member you may want to meet with the Chair of your advisory body to get a better sense  of your role and the business of the body, as well as with the staff liaison assigned to the  body. Along with familiarizing yourself with your advisory body’s foundational  documents, you may want to review agendas and minutes from recent meetings to see  what current issues have been under consideration, as well as the City Work Program to  familiarize yourself with current goals.    Learning your role and developing an effective voice takes time and familiarity.  We hope this Handbook will assist you towards a satisfying and productive experience.  Your participation is deeply appreciated by the City Council, by city staff, and by your  community. The vitality and strength of our community results from the willingness of  people like you to serve.             ________  Darcy Paul, Mayor  City of Cupertino   7 iii Table of Contents WELCOME AND ORIENTATION ii STRUCTURE OF GOVERNMENT 4 Form of Government 4 City Council 4 City Manager and Staff 4 Commissions 5 COMMISSION MEMBERSHIP 6 Quorum and Attendance 6 Vacancies 6 Resignations and Removals 6 MEETINGS 6 Regular Meetings 6 Adjourned Meetings 6 Special Meetings 7 Subcommittees 7 Agendas 7 Preparation for Meetings 7 Minutes 8 Procedure 8 Decorum at Meetings 8 Basis for your Decision 8 CITY WORK PROGRAM 9 COMMUNICATIONS 9 Staying Informed 9 Use of City Email 10 Resources 10 8 4 THE STRUCTURE OF GOVERNMENT A. FORM OF GOVERNMENT    The City of Cupertino operates as a general law city with a City Council‐City Manager  form of government where the City Council sets policy and the City Manager manages  the implementation and administration of those policies.     B. CITY COUNCIL    The City Council is the governing legislative body of the City, consisting of five members  elected in odd numbered years to staggered four‐year terms. These councilmembers then  elect the mayor and vice mayor to one‐year terms. It sets goals and priorities and  establishes policies. The Mayor is the presiding officer of the Council, and the official  spokesperson and representative of the City.    C. CITY MANAGER AND STAFF    City Manager  The City Manager has complete responsibility and authority for the administration  of the City’s government. This individual is appointed by and serves at the  pleasure of the Council and is the appointing authority for the City, selecting the  department heads and other employees. The City Manager coordinates and directs  the services of the City staff, and commissioners should not attempt to direct or  prioritize work for departments or individual staff.    City Clerk  The City Clerk plays an important role for advisory bodies. The City Clerk accepts  and maintains applications, processes appointments, updates membership rosters,  bylaws, informational booklets, and yearly attendance records. The City Clerk is  the filing officer for Statements of Economic Interests, and any other required filing  as identified by the City Council and the State.    Staff  When assigned by the City Manager, staff assist and act in a technical advisory  capacity to the commissions. It is not expected that every staff recommendation  will be followed; however, because of the staff’s technical knowledge, full  consideration should be given to their recommendation. Staff are at liberty to make  their recommendation to the City Council through the City Manager, even though  the commission may have taken a different position. However, in these cases, the  commission recommendation will be made clear to the City Council.      Staff Liaison  A staff liaison is assigned to each commission.  Their main duties include  facilitating meetings, preparing agendas, advising commissioners, and writing  9 5 meeting minutes.  Commissioners should reach out to their liaison if they have any  questions regarding matters of the commission or if they would like to contact  other staff regarding official business.     D. COMMISSIONS    The primary purpose of the City’s commissions is to serve as advisory bodies to Council  by weighing public input and rendering recommendations to the City Council. There are  times when the advisory body’s recommendation will not be sustained or will be modified  by the City Council. It is important to recognize this not as a rejection of the integrity of the  recommendation, but as an inevitable part of the process of community decision‐making.  The Council has appointed commissioners as advisors to them. This underlying  philosophy makes it improper for an individual commissioner, acting in their official  capacity, to try to persuade the Council into the acceptance of a recommendation other  than that voted by the majority of the commission. The role of a commission is to assist the  City Council in the formation of policy, having been created for the purpose of advising.  The scope of work, purpose, and other primary functions for each commission can be  found in the City Municipal Code Chapter 2.     Chair and Vice Chair  Each year, every commission will elect from its membership a Chairperson  (Chair) and a vice Chairperson (Vice Chair) who serve at the pleasure of the  commission for a one‐year term. The Vice Chair acts in this capacity when the  Chair is not available.    The Chair should:    Maintain order of the meeting, ensure respect for all opinions, protect  commissioners, staff, and the public from personal attacks.   Keep discussion focused on the issue at hand.   Solicit opinions from commissioners. Encourage evaluation of new, tentative,  or incomplete ideas. Discourage overly dominant commissioners from  having disproportionate control over the discussion.    Attempt to reach decisions expeditiously on action items. At those times  when action would be premature, guide discussion toward a timeline or  framework for responsible action.   Set meeting rules early and make sure everyone abides by them without  exception.   Set an acceptable time limit for public testimony (generally three minutes per  individual and 10 minutes per group) and stick to it. At the Chairʹs discretion,  the public can interact with the members of the commission beyond the  public‐comment time limit in order to facilitate better communication of the  agendized topic.   Provide periodic written updates, approved by the full body, to Council  regarding the status of their activities at least every six months.    10 6 COMMISSION MEMBERSHIP A. QUORUM AND ATTENDANCE     A quorum consists of a majority of the members of the commission. A quorum is required  to conduct business at any meeting whether it is a regular, adjourned, or special meeting.  While it is expected that members be present at all meetings, the Chair should be notified  if a member knows in advance that he/she will be absent. A member shall be considered  removed from an advisory body under the following conditions:     A member misses more than three consecutive meetings   A member misses more than 25% of the advisory body’s meetings in  a calendar year (Resolution 10‐048)    B. VACANCIES    Vacancies are filled by appointment by the Council. Appointments made in the middle of  a term are for the unexpired portion of that term. Council‐appointed Alternates will  automatically fill a vacancy.    C. RESIGNATIONS AND REMOVALS    If a member is unable to continue serving because of health, business requirements or  personal reasons, a letter of resignation should be submitted to the City Council.    The position of any member is automatically vacated when the member ceases to meet the  qualifications for office, when Council accepts the member’s resignation, or when the  Council so declares.  MEETINGS A. REGULAR MEETINGS    Commissions are required to hold regular meetings open to the public as provided by the  enabling ordinance. The agenda for this meeting must be posted at least 72 hours prior to  the meeting.    B. ADJOURNED MEETINGS    If the business to be considered at a regular meeting cannot be completed, the commission  then may designate a time and date for an adjourned meeting.       11 7 C. SPECIAL MEETINGS    A special meeting may be called by the Chair or a majority of the members with  coordination with the staff liaison.    D. SUBCOMMITTEES    The Chair may appoint special subcommittees of less than a quorum of the commission  who then may meet at their convenience to carry out the purpose of the subcommittee. If  the subcommittee has a continuing subject matter or a regularly scheduled meeting time,  it may qualify as a Brown Act committee and public notice provisions will apply.    E. AGENDAS    Each commission has a staff liaison responsible for preparing agendas in consultation  with the Chair. If a commissioner or staff member intends to bring up an item for  discussion or action, the item must be included on the agenda in accordance with the  Brown Act. For each meeting, a date should be scheduled for the Chair and staff liaison to  set the agenda. Commissioners can propose agenda items within the purpose of the  commission to the staff liaison prior to the agenda setting date.     Future Agenda Setting  The staff liaison will maintain a list of future agenda items that the commission  plans to discuss. The Chair, the staff liaison, or any two commissioners can add an  agenda item within their purpose to the future agenda item list and it will be  scheduled at the discretion of the Chair and staff liaison. To provide  commissioners an opportunity to discuss whether to add an item to the future  agenda item list, each regularly‐scheduled agenda will include a “Future Agenda  Setting” item.  Once an item is added to the future agenda item list, it cannot be  removed until it is discussed for removal at a regularly scheduled meeting during  the item for “Future Agenda Setting.” In addition, the item will not be removed if  the Chair or at least two commissioners wish for the item to remain on the future  agenda item list.    Staff Updates and Commissioner Activity Report  Each regularly scheduled agenda will also include a “Staff Updates and  Commissioner Activity Report” item for staff to report on updates and the  members to report any activities they have taken part in related to the commission  since the prior regularly scheduled meeting.    F. PREPARATION FOR MEETINGS     Thoroughly review the agenda packet, including agenda reports, and any other  materials before the meeting. Check if you may have a conflict of interest with any  of the items due to property or monetary interests. If it is unclear, the commissioner  12 8 can explain the situation to the staff liaison who can seek legal counsel from the  City Attorney. For more information on conflicts of interest, please review the Fair  Political Practices Commission (FPPC) Conflicts of Interest Rules.    Understand what action you are being called upon to take for each particular agenda  item.   Contact the Chair or your staff liaison before the meeting to clarify questions about  the agenda or request further information.   Understand the responsibilities of your commission. As a member of an advisory  body you will be asked to provide recommendations to the City Council about  specific issues. Keep in mind that your appointment does not empower you to  supervise or direct City staff.    G. MINUTES    The approved minutes are placed on file by the City Clerk for public access. Commissions  should strive to keep summary minutes as opposed to action minutes. If automatic  transcription is made available to supplement official minutes, action minutes may be  sufficient.    H. PROCEDURE    Commissions follow the guidelines on parliamentary procedure contained in  Rosenberg’s Rules of Order (Rules). These Rules outline how motions are made and the  basic format for an agenda item discussion.     I. DECORUM AT MEETINGS     Discourage outward signs of agreement or disagreement from the audience such  as cheering or clapping. Such demonstrations can intimidate those wishing to  express alternate views and delay the meeting. Also see Conduct of Members in  the Cupertino Ethics Policy.    Limit your own comments to the issues before the commission. Avoid the  appearance of straying from the subject or ʺgrandstandingʺ.    J. BASIS FOR YOUR DECISION    Commission decisions should be based principally on the information presented to you  in the open public meeting process. If you collect pertinent information outside of the  public process through a meeting with stake holders or site visits, you should share  that information with your fellow commissioners in the public meeting. This sharing of  information will ensure that other commissioners and members of the public have a  better understanding of the rationale for your decision.    Commissioners are free to meet or refuse to meet with residents, resident groups,  13 9 developers or prospective contractors or any persons outside of the public meeting  process concerning issues before the commission. If you meet with any individuals  outside of the public meeting you should disclose the content of that meeting in the  public meeting to again ensure that everybody is aware of the facts and have similar  information upon which to base their decision; this disclosure is required for quasi‐ judicial matters1.     All governmental procedures and process must follow due process and allow an  affected party a right to be heard, and to present controverting fact or testimony on the  question of right in the matter involved. Unfair determinations, such as bias,  predetermination, refusal to hear, etc., may invalidate actions.     Keep an open mind. An objective, balanced, and receptive approach will help you  assess the facets of a given issue and evaluate new ideas. When receiving written and  oral public testimony it will be necessary to discern between fact and opinion, as well as  between those concerns which are relevant and those which are secondary to the issue  at hand. Keeping an open mind will make it easier for you to understand all sides of an  issue before you make a judgment or take a position.    CITY WORK PROGRAM   The City Council approves an annual City Work Program to guide the work of the City.  Prior to the first draft of the City Work Program each year, staff will reach out to the  commissions to ask for recommendations of items to add. These recommendations will be  provided to the City Council for consideration, but ultimately the City Council will  determine the final items on the City Work Program. Commissions support City Work  Program items within their scope by reviewing the items and making recommendations to  City Council. Since the City Council sets the City Work Program to guide the priority  efforts in the City, commission agendas should be aligned accordingly. By August 15, each  commission should provide an annual report of all of the topics the commission has  addressed in the prior year.  COMMUNICATIONS A. STAYING INFORMED     Commissioners should sign up for City email notifications to stay informed of various  community events and public meetings. Council encourages commissioners to attend at  least two community meetings or meetings of other commissions each year.    The City uses social media outlets, surveys, email notifications, the Scene, and the City  website to perform outreach for City business. For appropriate conduct on social media,  1 More information on quasi‐judicial proceedings can be found in the Imposed Restraints document  in the Commission Resources folder. 14 10 see the City’s Social Media Policy. For questions about City outreach, speak with your  staff liaison.      B. USE OF CITY EMAIL    All newly appointed City commissioners will be assigned a mandatory City email  address after reviewing and signing the Technology Use Policy.    As noted under the Brown Act, care should be taken with regard to emails. Never select  “Reply All” to an email to all commissioners or forward an email sent to you by one  commissioner to another commissioner since that would constitute a quorum. All  questions and concerns should be directed to the Chair and staff liaison.    All City emails are subject to the Public Records Act and you should use your City email  only to conduct City business as a commissioner. Please do not forward or reply to a City  email from your personal email address. Once your term on the commission is over, your  City email will be terminated.    RESOURCES   Commissioners should familiarize themselves with the following resources:    City policies relating to ethics, social media, commissions, diversity, and technology, as  well as the City organizational chart, a Rosenberg’s Rules of Order cheat sheet, and  guidance on imposed restraints, can be found online in the Commission Resources folder.     League of California Cities   Rosenberg’s Rules of Order, Brown Act, Public Records Act, and other resources    Institute for Local Government  Parliamentary Procedure Simplified  Ethics and Transparency 15 CITY OF CUPERTINO Agenda Item 21-8777 Agenda Date: 2/22/2021 Agenda #: 2. Subject:Approve Minutes of Special Meeting on January 27, 2021. Approve Minutes of Special Meeting on January 27, 2021. CITY OF CUPERTINO Printed on 2/16/2021Page 1 of 1 powered by Legistar™16 Page 1 City of Cupertino Audit Committee Special Meeting Minutes January 27, 2021 1. CALL TO ORDER At 4:31 p.m., Chairman Eno Schmidt called the Audit Committee meeting to order. This was a teleconference meeting with no physical location. 2. ROLL CALL Committee Members Present: Chair Eno Schmidt, Vice Mayor Chao, Councilmember Moore, Vice Chair Daisy Liang, Committee Member Angela Chen City Staff Present: Deborah Feng, Kristina Alfaro, Zach Korach, Thomas Leung, Mariela Vargas Absent: Guests: Chris McCarry and Carlos Oblites (Chandler), Rick Rosenthal, Carolyn Cox (US Bank), Mitch Barker (PARS), Mark Steranka, Emily Hayes, Tammy Lohr (Moss Adams), and Kathy Lai and Matt Geerdes (Crowe) 1. APPROVAL OF MINUTES Chair Schmidt mentioned the minutes at the July 28, 2020 meeting were moved by Councilmember Paul subject to changes. Vice Chair Liang moved to approve October 27, 2020, regular meeting minutes and Committee Member Angela Chen seconded; motion passed unanimously. 2. POSTPONEMENTS A. Budget Format Review – 30 minutes Zach Korach provided a summary of the budget format review and recommended the Committee consider establishing a sub-committee to complete the budget format review for the FY 20-21 Budget. Councilmember Moore volunteered to participate on the sub-committee. The Committee agreed to defer the further selection of the sub-committee to a Special Meeting in February 2021 so that incoming members have an opportunity to participate. ORAL COMMUNICATIONS OLD BUSINESS NEW BUSINESS 2. Audit Committee Work Plan 2021 – 20 minutes Chair Schmidt provided a history of the Audit Committee over his nine (9) year tenure. From his experiences, he provided recommendations for effectively managing the time, work load, and the meetings themselves. Zach Korach provided an overview of the proposed work plan and requested input from the Committee regarding additional projects the Committee would like to see added and brought to City Council for consideration to include in the FY 21-22 City Work Plan. Chair Schmidt, Vice Mayor Liang, and Councilmember Moore recommended the Audit Committee Work Plan be reformatted and organized. 17 Page 2 2. Treasurer's Investment Report for period ending December 31, 2020 – 30 minutes Carlos Oblites began reviewing the portfolio and mentioned that the report complies with code. Carlos reviewed the portfolio statistics, sector, quality, duration distribution, and investment performance. Zach Korach provided information regarding the City’s liquidity and cash flow coverage. Councilmember Moore inquired about the portfolio’s duration and its changes since the portfolio’s inception as well as the individual corporate issuances and whether the City invests in international companies. Carlos Oblites explained the reason for the changing duration since inception and that the portfolio currently does not hold corporate notes with international companies. Vice Mayor Chao inquired about divestment from fossil fuels to which Zach Korach provided a summary of the past efforts put forth to analyze a possible divestment in 2019. 3. OPEB & Pension Section 115 Trust Performance Report - US Bank - 20 minutes Rosenthal began reviewing the OPEB portfolio and period performance. Rosenthal provided an overview on the OPEB account balance and its growth since inception. Chair Schmidt inquired about the benchmark asset class ranges and recommended US Bank and City staff continue to have discussions on the matter. Zach Korach provided comparative strategy and performance information among jurisdictions also participating in PARS’ Section 115 Trusts. Councilmember Moore inquired about the relationship between a “balanced” strategy and the various asset classifications in the Pension and OPEB trust investment portfolios. Zach Korach mentioned that both investment portfolios follow a “balanced” strategy and the asset classifications in the portfolios align with the strategy. 4. Review of FY 2019-20 CAFR and Supplemental Reports – Lai and Geerdes - 5 minutes Kathy Lai provided an overview of the CAFR and supplemental reports stating that the audit was conducted in accordance with Governmental Auditing Standards and that the City’s financials were in accordance with Generally Accepted Accounting Principles (GGAP) CAFR is anticipated to be issued with an “unmodified opinion.” The Committee recommended this item be deferred to a Special Meeting in February 2021 to provide more opportunity for review and input on the item. 5. Internal Audit Report - Moss Adams - 5 minutes Mark Steranka informed the Committee that if the item was deferred to a Special Meeting in February 2021, a draft internal audit work plan could also be presented with the final risk assessment report. The Committee elected to defer the item. 6. Embezzlement Debrief This item was deferred to a Special Meeting in February 2021 10. ADJOURNMENT The meeting adjourned at 6:30 p.m. 18 CITY OF CUPERTINO Agenda Item 21-8778 Agenda Date: 2/22/2021 Agenda #: 3. Subject: Budget Format Review CITY OF CUPERTINO Printed on 2/16/2021Page 1 of 1 powered by Legistar™19 CITY OF CUPERTINO Agenda Item 21-8780 Agenda Date: 2/22/2021 Agenda #: 4. Subject: Review of FY 2019-20 CAFR and Supplemental Reports - Lai and Geerdes Review of FY 2019-20 CAFR and Supplemental Reports CITY OF CUPERTINO Printed on 2/16/2021Page 1 of 1 powered by Legistar™20 FISCAL YEAR 2019-2020 COMPREHENSIVE ANNUAL FINANCIAL REPORT 21 CITY OF CUPERTINO, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2020 Prepared by the City of Cupertino Administrative Services Department Finance Division 22 i. CITY OF CUPERTINO, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT For the year ended June 30, 2020 CONTENTS INTRODUCTORY SECTION TABLE OF CONTENTS ..................................................................................................................... i LETTER OF TRANSMITTAL .............................................................................................................. iii ORGANIZATION CHART ................................................................................................................... ix CITY COUNCIL AND DIRECTORY OF CITY OFFICIALS ................................................................ x COMMISSIONS AND COMMITTEES ................................................................................................ xi CERTIFICATE OF AWARD FOR EXCELLENCE IN FINANCIAL REPORTING ............................... xii FINANCIAL SECTION INDEPENDENT AUDITOR'S REPORT .................................................................................................... 1 MANAGEMENT'S DISCUSSION AND ANALYSIS (UNAUDITED) .......................................................... 4 BASIC FINANCIAL STATEMENTS: GOVERNMENT-WIDE FINANCIAL STATEMENTS: STATEMENT OF NET POSITION ..................................................................................................... 23 STATEMENT OF ACTIVITIES ........................................................................................................... 24 FUND FINANCIAL STATEMENTS: GOVERNMENTAL FUNDS: BALANCE SHEET .............................................................................................................................. 26 RECONCILIATION OF THE GOVERNMENTAL FUNDS BALANCE SHEET WITH THE STATEMENT OF NET POSITION ................................................................................................... 27 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ........................................................................................................................... 28 RECONCILIATION OF THE NET CHANGE IN FUND BALANCES — TOTAL GOVERNMENTAL FUNDS WITH THE STATEMENT OF ACTIVITIES ............................. 29 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE — BUDGET TO ACTUAL — GENERAL FUND ..................................................................................... 30 BUDGET TO ACTUAL — TRANSPORTATION SPECIAL REVENUE FUND .................................. 31 BUDGET TO ACTUAL — HOUSING DEVELOPMENT SPECIAL REVENUE FUND ....................... 32 PROPRIETARY FUNDS: STATEMENT OF NET POSITION ..................................................................................................... 34 STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION ................ 35 STATEMENT OF CASH FLOWS ....................................................................................................... 36 FIDUCIARY FUND: STATEMENT OF FIDUCIARY NET POSITION ................................................................................. 38 STATEMENT OF CHANGES IN FIDUCIARY NET POSITION ......................................................... 39 NOTES TO THE BASIC FINANCIAL STATEMENTS .............................................................................. 40 REQUIRED SUPPLEMENTARY INFORMATION (UNAUDITED): SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS .............. 77 SCHEDULE OF CONTRIBUTIONS — PENSION ............................................................................. 78 SCHEDULE OF CHANGES IN THE NET OPEB LIABILITY AND RELATED RATIOS ..................... 79 SCHEDULE OF CONTRIBUTIONS – OPEB ..................................................................................... 80 SCHEDULE OF INVESTMENT RETURNS – OPEB ........................................................................ 81 23 ii. CITY OF CUPERTINO, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT For the year ended June 30, 2020 CONTENTS (Continued) OTHER SUPPLEMENTARY INFORMATION: SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE — BUDGET AND ACTUAL - PUBLIC FACILITIES CORPORATION DEBT SERVICE FUND .............. 83 NONMAJOR GOVERNMENTAL FUNDS: COMBINING BALANCE SHEET ........................................................................................................ 85 COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES .................................................................................................... 86 COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES — BUDGET AND ACTUAL ....................................................... 87 NONMAJOR ENTERPRISE FUND: COMBINING STATEMENT OF NET POSITION ............................................................................... 91 COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION .............................................................................................. 92 COMBINING STATEMENT OF CASH FLOWS ................................................................................. 93 INTERNAL SERVICE FUNDS: COMBINING STATEMENT OF NET POSITION ............................................................................... 95 COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION .............................................................................................. 96 COMBINING STATEMENT OF CASH FLOWS ................................................................................. 97 STATISTICAL SECTION FINANCIAL TRENDS: NET POSITION/ASSETS BY COMPONENT — LAST TEN FISCAL YEARS ................................... 100 CHANGES IN NET POSITION/ASSETS — LAST TEN FISCAL YEARS.......................................... 101 FUND BALANCES OF GOVERNMENTAL FUNDS — LAST TEN FISCAL YEARS ......................... 103 CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS — LAST TEN FISCAL YEARS .............................................................................................................. 104 REVENUE CAPACITY: ASSESSED AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY — LAST TEN FISCAL YEARS .................................................................................... 105 DIRECT AND OVERLAPPING PROPERTY TAX RATES — LAST TEN FISCAL YEARS ............... 106 PRINCIPAL PROPERTY TAXPAYERS — CURRENT YEAR AND FIVE YEARS AGO ................... 107 PROPERTY TAX LEVIES AND COLLECTIONS — LAST TEN FISCAL YEARS ............................. 108 DEBT CAPACITY: RATIOS OF OUTSTANDING DEBT BY TYPE — LAST TEN FISCAL YEARS ................................ 109 DIRECT AND OVERLAPPING BONDED DEBT ................................................................................ 110 LEGAL DEBT MARGIN INFORMATION — LAST TEN FISCAL YEARS .......................................... 111 RATIO OF GENERAL BONDED DEBT — LAST TEN FISCAL YEARS ........................................... 112 DEMOGRAPHIC AND ECONOMIC INFORMATION: DEMOGRAPHIC AND ECONOMIC STATISTICS — LAST TEN FISCAL YEARS ........................... 113 2020 EMPLOYER RANKING ............................................................................................................. 114 OPERATING INFORMATION: FULL-TIME EQUIVALENT CITY EMPLOYEES BY FUNCTION/PROGRAM — LAST TEN FISCAL YEARS ................................................................. 115 OPERATING INDICATORS BY FUNCTION/PROGRAM — LAST TEN FISCAL YEARS ................ 116 CAPITAL ASSET STATISTICS BY FUNCTION/PROGRAM — LAST TEN FISCAL YEARS ........... 117 COMMUNITY PROFILE 24 iii. _________, 2020 To the Citizens of Cupertino, Honorable Mayor, Members of the City Council, and City Manager It is our pleasure to submit the Comprehensive Annual Financial Report (CAFR) for the City of Cupertino (the City) for the fiscal year ended June 30, 2020. The report is prepared in accordance with generally accepted accounting principles (GAAP) set by the Governmental Accounting Standards Board (GASB). The report presents City information on an entity-wide basis and on a more detailed fund level basis. The fund-level reports emphasize the City’s major funds. A Management Discussion and Analysis (MD&A) presents a comparative analysis of current and prior year results, changes in financial position, a comparison of actual versus budget, financial highlights, trends, and disclosure of any known significant events or decisions that affect the financial condition of the City. This transmittal letter is designed to complement the MD&A and should therefore be read in conjunction with it. The MD&A is required supplementary information and is found in the Financial Section of the CAFR. The accuracy of the data presented and the completeness and fairness of the presentations, including all disclosures, are the responsibility of the management of the City. To provide a reasonable basis for making these representations, management has established a comprehensive internal control framework that is designed to protect the City’s assets and provide sufficient, reliable information for the proper preparation of these financial statements. We believe the data is accurate in all material respects and is presented in a manner that fairly sets forth the City’s financial position. Furthermore, we believe that all disclosures necessary to enable the reader to gain an understanding of the City’s financial activity have been included. REPORTING ENTITY This CAFR includes all component units and funds of the City. It reports all activities for which the City is considered to be financially accountable. The general governmental funds support a full range of services, including law enforcement, community development, recreation, public works, public and environmental affairs, and general administration. Enterprise funds account for recreation and solid waste operations supported by user fees. This financial report incorporates data for the City of Cupertino and its component unit, the Cupertino Public Facilities Corporation. The City operates under a Council-City Manager form of government. There are five council members, including the Mayor, who serve staggered four-year terms. The City Council appoints the City Manager who is responsible for the daily administration of City affairs. The City Council also appoints the City Attorney and the City Treasurer. All other employees are appointed by the City Manager. CITY OF CUPERTINO CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3202 (408) 777-CITY • WWW.CUPERTINO.ORG 25 iv. ECONOMIC CONDITIONS The City of Cupertino is located in Santa Clara County at the southern end of the San Francisco Bay Peninsula. The City is comprised of 13-square miles and is bordered by the cities of San Jose, Saratoga, Sunnyvale, Santa Clara, and Los Altos. It has a residential population of 66,762 (based on 2020 Claritas estimated data). Situated at the west end of Silicon Valley, Cupertino has earned the reputation of a balanced community with a healthy climate for business and well-maintained residential neighborhoods, community parks and public facilities. The excellent reputation of Cupertino’s schools is a major attraction for families wishing to settle in close proximity to high paying jobs in Silicon Valley. The City recognizes the importance of quality school facilities and programs to all Cupertino residents, and works in partnership with the schools in many programs affecting education and youth. National surveys rank the City high in education levels, average household incomes, and registered patent numbers, as well as one of the best cities in which to live and raise a family. Because Cupertino is a mature, 93% built-out city, the City of Cupertino focuses on business retention and revitalization. Cupertino is world renowned as the home of high-tech giants, such as Apple, Inc., and as a community with stellar public schools. De Anza College, one of the largest single-campus community colleges in the country, is another major employer and a magnet for attracting local and international students. The City’s proactive economic development efforts have resulted in an innovative environment for start-ups and growing companies to thrive. The City strives to retain and attract local companies through active outreach and a responsive and customer-oriented entitlement process. Cupertino is excited to have a number of new mixed-use development projects offering more retail and dining options, as well as provide additional housing opportunities to meet the needs of the growing community. The Main Street and Nineteen800 mixed-use developments have created a vibrant downtown area for Cupertino, offering a large selection of restaurants and retailers, including Alexander’s Steakhouse, Eureka!, Rootstock Wine Bar, Oren’s Hummus, Lazy Dog, Ippudo, HaiDiLao Hot Pot Restaurant, Pressed Juicery, Orangetheory, 85 Degree Bakery, Somi Somi, Sul & Beans, Target Express, Kura Sushi, Vitality Bowls, Doppio Zero, Boiling Point and Jin Tea, Koja Kitchen, Bishops Cuts & Colors, Capezio, Howard’s Shoes, Tan Cha, and Meet Fresh. Housing, office, and a new Residence Inn by Marriott are available to support the thriving area. Benihana, Bowlmor, and Ice Center Cupertino also serve as long-time anchors. The construction of new retail and commercial development strengthens existing popular venues in Cupertino, including The Marketplace. The Marketplace has a variety of stores and restaurants popular with students, families, and working professionals. They include Galpao Gaucho, Daiso, Marukai Groceries, Harumi Sushi, La Patisserie Bakery, Beard Papa’s, Legend’s Pizza, Merlion Restaurant, Icicles, Kong’s Tofu & BBQ, Rori Rice, One Pot Shabu Shabu, Olarn Thai, and Erik’s DeliCafé to name a few. Cupertino Village is undergoing renovations to upgrade existing buildings, construct new buildings, parking, and open-courtyard space. The shopping center is home to 99 Ranch Market, Duke of Edinburgh Pub & Restaurant, JSJ Street Kitchen, Kira Kira Beauty, MOD Pizza, Ten Ren Tea, Fantasia Coffee & Tea, Yoga Wave, Happy Lemon, Joy Luck Palace, Kee Wah Bakery, and many other Asian restaurants, bakeries, and shops. Cupertino features many other retail opportunities, including TJ Maxx and Home Goods, Whole Foods, Target, Party City, and over 180 restaurants to serve residents and the local workforce. There are now seven hotels providing over 1,000 rooms, to serve the area: The Aloft Cupertino, Cupertino Hotel, Hilton Garden 26 v. Inn, Juniper Hotel operated by Curio, Marriott Courtyard, the Residence Inn by Marriott, and the newest addition is the Hyatt House. The redevelopment of the Homestead Square Shopping Center, located at Homestead Road and De Anza Boulevard, includes a 24-hour Safeway, Ulta Beauty, Ross Stores, Stein Mart, Pet Club, Michael’s, Rite Aid, FedEx, and numerous restaurants, such as Fish’s Wild, Pho Hoa Noodle Soup, Yayoi Teishoku Japanese Restaurant, Starbucks, and Chipotle. Apple completed construction of its new corporate campus, Apple Park, which includes approximately 2.8 million square feet of office and R&D space north of Highway 280 between Wolfe Road and Tantau Avenue. A state-of-the-art Visitors Center, Observation Deck, flagship retail store and café are open to the public seven days a week. According to the 2019-2020 Assessor’s Annual Report for Santa Clara County, Cupertino’s net assessment roll growth increased nearly $831 million, or 3.3%, from the prior year. Approximately $470 million and $46 million of the increase was attributable to changes in ownership for single family housing and multifamily housing, respectively. Approximately $58 million and $19 million of the increase was attributable to changes in new construction for single family housing and multifamily housing, respectively. Additionally, commercial and industrial increased by $20.9 million, or 0.3%, and $56.9 million, or 7.6%, respectively. The City’s sales tax revenues are generated from five principal economic categories: business-to-business 73.0% (includes electronic equipment and software manufacturers and distributors), state and county pools 21%, restaurants and hotels 2%, general retail 2%, and fuel and service stations 2%. Our two largest sales taxpayers in the business-to-business category represent a large part of that sector and therefore can significantly affect sales tax trends. The top taxpayers’ corporate and business technology spending has driven growth in this sector. Sales tax activity has increased across most sectors with a decrease primarily in construction. This decrease is attributed to the winding down of construction projects in the City, particularly, the Apple Park campus development. Given these trends, the City’s FY 2019-20 sales tax revenue is projected to show a more modest increase going forward. Sales Tax Trend $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 27 vi. Continued economic growth driven primarily by the business to business sector continued through FY 2014-15 until a slight $400,000 decline in FY 2015-16 due to a one-time clean up payment from the previous year received in FY 2016-17. FY 2016-17 increased significantly with a $3.5 million “triple-flip” close-out payment. There was a modest decrease in FY 2017-18 which was again attributable to the one- time “triple-flip” close-out payment from FY 2016-17 that was not received in FY 2017-18. Despite the fluctuation, the sales tax base experienced strong growth. FY 2018-19 experienced a slight decrease due to the tapering of localized sales tax dollars from construction and completion of Apple Campus 2 which further indicates a return to normalcy in respect to previous years. Additionally, the City received a one- time quarterly clean-up payment in FY 2017-18 of $1.6 million that contributed to the comparative decrease in FY 2018-19. In FY 2019-20, the City’s sales taxes experienced growth due to a one-time double payment from Apple. Additionally, a change in estimate in which the City adjusted its accrual practice to include the full remittance amounts from July and August 2020 contributed to approximately $9.0 million of the increase over the previous fiscal year. This change in estimate will be applied prospectively and consistently moving forward. Though much uncertainty remains during the course of the pandemic, the City has seen positive sales tax trends into FY 2020-21 due to the telework transition and the state-wide need for additional electronic equipment and infrastructure. With the economic recovery and easing of credit, commercial development activity picked up considerably in 2012-13 and 2013-14 led by plan reviews of the new Apple Campus 2. Plans for the redevelopment of the Marina shopping center into a mixed-use project, Marina Plaza, was approved in 2016. This project will include 23,000 SF of retail and restaurant use, a 122-room boutique hotel, and 188 residential units including 16 below market rate units. Construction of a five story, 148-room Hyatt House hotel was completed in April 2019 and includes a full-service restaurant and meeting rooms. Through the City’s new General Plan Amendment (GPA) Authorization Process applications for two development projects were authorized by City Council during FY 2019-20 with the De Anza Hotel and the Cupertino Village Hotel. The City’s pension and retiree medical unfunded actuarial accrued liabilities are discussed in the Notes to the Basic Financial Statements. The City must pay CalPERS, the state’s government pension system, annually to reduce its long-term liability for pensions. Cupertino’s CalPERS actuarial valuation report as of June 30, 2019 reported a pension unfunded accrued liability of $49.2 million with annual payments to CalPERS of 31.3% and 29.8% of projected payroll for 2021-22 and 2020-19, respectively, with ongoing increases after that because of actuarial assumption changes. To address long-term rising costs, Cupertino and state law has reduced pension benefits for new hires and increased employee contributions. As of the June 30, 2020 GASB 74/75 report, the City has a retiree medical unfunded liability of $2 million with annual payments to a retiree health plan trust at 9.1% of payroll. In fiscal year 2017-18, the City Council approved the establishment of a Section 115 trust as part of a pension rate stabilization program. An initial investment of $8,000,000 was made in FY 2018-19 and an additional contribution of $4 million was made in FY 2019-20. Because the City contracts out police services to the County Sheriff and because fire protection is handled by a special district, the City avoids the high pension, capital, and operating costs of a City-operated public safety function. The City caps its contributions to employee health insurance premiums that benefit both the City and employees. A build-up of operating reserves from strong revenue years, such as 2013-14, along with a traditional under-spending of budgets, enables the City to withstand weak revenue years that occur periodically, such as in 2009-10. 28 vii. ECONOMIC INITIATIVES With the expanded Apple presence, the City’s revenue base will remain concentrated among its top companies and top economic sector, the volatile business-to-business area. Past recessions and the historic departure of a major tax provider, Hewlett-Packard, demonstrates the need for diversification of the City’s revenue base and a long-term balance of revenues and expenditures. The City desires other revenues to mitigate the fluctuating nature of sales taxes, hotel taxes, user fees, and state grabs of local taxes in times of budget distress. COVID-19 has had significant adverse impacts on the City’s transient occupancy taxes, charges for services, and is sure to have long-lasting impacts on its sales tax. While the City’s revenues remained strong in FY 2019-20 and are currently on pace with projections in FY 2020-21, the City’s strong, untapped reserves afford the City to continue actively mitigating the impacts of the pandemic on the community. Efforts to reduce operating costs, additional allocations for tenants at risk of eviction and homeless assistance, public facility and area sanitation enhancements, and small business grant assistance are all examples in FY 2019-20 and FY 2020-21 of the City’s on-going ability and commitment to overcome these challenges. ACCOUNTING AND BUDGETARY CONTROL In developing and evaluating the City’s accounting system, consideration is given to the adequacy of internal accounting controls. The City’s controls are designed to provide reasonable, but not absolute, assurance regarding the safeguarding of assets against losses from unauthorized use or disposition and the reliability of financial records for preparing financial statements and maintaining accountability of assets. The concept of reasonable assurance recognizes that the costs of a control should not exceed the benefits likely to be derived and that the evaluation of costs and benefits requires estimates and judgments by management. The City’s budget is a detailed operating plan that 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 and fund balance 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. INDEPENDENT AUDIT City ordinance requires an annual audit of the financial records by an independent certified public accounting firm selected by the City Council and its audit committee. Crowe LLP audited the City’s Basic Financial Statements, and their opinion thereon is included in the Financial Section of this report. FRAUD INVESTIGATION On September 5, 2018 the Santa Clara County Sheriff’s Office arrested former City of Cupertino employee Jennifer “Yuen-Cheng” Chang, Senior Accountant, for her role in the embezzlement of public funds. It is believed that Ms. Chang issued and cashed numerous fraudulent checks between 2000 and 2014 for a total of $791,494. The scheme ended in September 2014 right before the implementation of an upgraded financial system in December 2014 that tightened internal controls. Ms. Chang, who was hired by the City in 1997, retired in July 2015. The checks were uncovered earlier by staff during a multi-year, detailed review of several accounts— including payroll, bank reconciliations, and deposits—which began after the implementation of the new financial system in fiscal year 2014-2015. The checks were found debited against a liability account and deemed suspicious due to their nature, size, and lack of supporting documentation. 29 viii. The Santa Clara County Sheriff’s Office submitted its case to the Santa Clara County District Attorney’s Office for the issuance of a warrant for Ms. Chang. The California Attorney General has brought forward 68 criminal charges against Ms. Chang. The City of Cupertino is seeking full restitution from Ms. Chang through upcoming criminal and civil proceedings. At the Preliminary Hearing on December 10, 2019, Judge Pennypacker ruled that Ms. Chang will have to stand trial on 53 felony counts. The counts include Grand Theft and Computer Intrusion for the period September 28, 2000 to September 5, 2014, and Embezzlement for the period July 22, 2011 to September 5, 2014. Because Ms. Chang’s bank does not save documents from prior to 2011, the State cannot prove an element of the crime of embezzlement. Currently, the Judge set the case for an arraignment for further decision. It is the City’s position to support prosecution to the fullest extent of the law, including full restitution and jail time if criminal liability is found. Among other internal controls maintained by the City over its financial records, in addition to the upgraded financial system in December 2014 that tightened internal controls, the City also hired additional accounting staff to enhance segregation of duties as well as internal audit function that has been approved for implementation in fiscal year 2019-20. Lastly, the City has engaged Moss Adams, LLP to serve as its internal auditor. CERTIFICATE OF ACHIEVEMENT The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Cupertino for its CAFR for the year ended June 30, 2018. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized CAFR. This report must satisfy both GAAP and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that the current report continues to meet the Certificate of Achievement Program’s requirements. Respectfully submitted, Zach Korach Finance Manager ACKNOWLEDGMENTS I would like to express my appreciation to City employees, department heads, the City Manager, members of the Audit Committee, and members of City Council for their interest in conducting the financial operations of the City in a responsible manner. Special thanks go to, Thomas Leung, Zeng Wang, Min Zhao, Jumaini Judoprasetijo, Vi Tran, and Amber Chang of the Finance staff for their continued support and dedication. Special recognition to Beth Viajar, Richard Wong, Giang Dinh, and Mariela Vargas for their efforts in the preparation and production of this report. Reviewed by, Kristina Alfaro Director of Administrative Services 30 Ci t i z e n s o f Cu p e r t i n o Ci t y C o u n c i l Co m m i t t e e s a n d Co m m i s s i o n s Ci t y A t t o r n e y C i t y M a n a g e r C i t y T r e a s u r e r Ci t y C l e r k P u b l i c A f f a i r s Su s t a i n a b i l i t y Pr o g r a m s La w E n f o r c e m e n t (S a n t a C l a r a C o u n t y Sh e r r i f f – Co n t r a c t ) Ad m i n i s t r a t i v e Se r v i c e s Co m m u n i t y De v e l o p m e n t Re c r e a t i o n a n d Co m m u n i t y S e r v i c e s Pu b l i c W o r k s In n o v a t i o n & Te c h n o l o g y Co d e E n f o r c e m e n t Fi n a n c e B u i l d i n g Re c r e a t i o n & Ed u c a t i o n Ca p i t a l I m p r o v e m e n t Pr o g r a m Tr a n s p o r t a t i o n G I S I n f r a s t r u c t u r e Hu m a n R e s o u r c e s P l a n n i n g Sp o r t s , S a f e t y & Ou t d o o r R e c r e a t i o n De v e l o p m e n t Se r v i c e s En v i r o n m e n t a l Pr o g r a m s Vi d e o A p p l i c a t i o n s Ec o n o m i c De v e l o p m e n t Bu s i n e s s & Co m m u n i t y S e r v i c e s Se r v i c e C e n t e r Co d e E n f o r c e m e n t (Z o n i n g & B u i l d i n g ) Gr o u n d s S t r e e t s T r e e s & R O W F a c i l i t i e s & F l e e t Ho u s i n g ix . 31 32 CITY OF CUPERTINO, CALIFORNIA Fiscal Year 2019-20 COMMISSIONS AND COMMITTEES xi. BICYCLE PEDESTRIAN COMMISSION Erik Lindskog Gerhard Eschelbeck Ilango Ganga Jennifer Shearin Muni Madhdhipatla FINE ARTS COMMISSION Diana Matley Janki Chokshi Rajeswari Mahalingam Sonia Dhami Sudha Kasamsetty HOUSING COMMISSION Connie Cunningham Sanjiv Kapil Siva Gandikota Sue Bose Tessa Parish LIBRARY COMMISSION Amando Wo Christie Wang Liana Crabtree Qin Pan Rahul Vasanth PARKS AND RECREATION COMMISSION Carol Stanek Gopal Kumarappan Neesha Tambe Sashikala Begur Xiangchen Xu PLANNING COMMISSION Alan Takahashi David Fung Kitty Moore R “Ray” Wang Vikram Saxena PUBLIC SAFETY COMMISSION Eric Shan Hymanand Nellore Lakshminarasimha Ankireddipally Tiffany Wang Yvonne Chao SUSTAINABILITY COMMISSION Anna Weber Gary Latshaw Meera Ramanathan Ram Mohan Vignesh Swaminathan TEEN COMMISSION Alden Gu Anagaa Nathan Jay Yeung Kelly Tung Krithika Venkatasubramanian Nitya Devisetti Rushil Jayant Samikshaa Natarajan Tanvi Khot TECHNOLOGY, INFORMATION & COMMUNICATIONS COMMISSION Eliza Du Mukesh Garg Naidu Bollineni Prabir Mohanty Rajaram Soundararajam AUDIT COMMITTEE Angela Chen Darcy Paul Eno Schmidt Mingming (Daisy) Liang Rod Sinks DESIGN REVIEW COMMITTEE David Fung R “Ray” Wang ENVIRONMENTAL REVIEW COMMITTEE Liang Chao Kitty Moore Dianne Thompson Ben Fu Chad Mosley LEGISLATIVE REVIEW COMMITTEE Liang Chao Steven Scharf 33 Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Cupertino California For its Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2019 Executive Director/CEO xii.34 (Continued) 1. INDEPENDENT AUDITOR'S REPORT To the Honorable Mayor and City Council City of Cupertino, California Report on the Financial Statements We have audited the accompanying 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 (City) as of and for the year ended June 30, 2020, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents. Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. 35 (Continued) 2. Opinions In our opinion, the 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, as of June 30, 2020, and the respective changes in financial position and, where applicable, cash flows thereof and the respective budgetary comparison for the General Fund, the Transportation Special Revenue Fund, and the Housing Development Special Revenue Fund for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, and the required supplementary information section on pages <> and <> be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by 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 the required supplementary information in accordance with auditing standards generally accepted 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 management’s 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. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, other supplementary information section, statistical section and community profile are presented for purposes of additional analysis and are not a required part of the basic financial statements. The other supplementary information section is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the other supplementary section is fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory section, statistical section and community profile has 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. 36 3. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated <>, 2020 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 internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. Crowe LLP Costa Mesa, California <>, 2020 37 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 4 This section describes the City of Cupertino’s financial performance for the year. Readers are encouraged to consider the following information in conjunction with the accompanying Transmittal Letter and Basic Financial Statements. 2019-20 FINANCIAL HIGHLIGHTS  The COVID-19 pandemic, and the ensuing lockdowns, has negatively affected economies not only in the region, but around the world. Sales tax, transient occupancy tax, and charges for services were both positively and negatively impacted as explained further below. However, while much uncertainty remains regarding the length and magnitude of these impacts, the City stands well positioned with robust fund balance reserves and has implemented budget reduction strategies for the upcoming fiscal year.  The assets and deferred outflows of resources of the City exceeded its liabilities and deferred inflows of resources at the close of the fiscal year 2020 by $300.9 million (net position). Of this amount, $74.6 million represents unrestricted net position, which may be used to meet the City’s ongoing obligations to citizens and creditors.  City revenues have increased in 2019-20 with base governmental revenues showing a $16.4 million increase, or 17.1%, over 2018-19. The primary fluctuations include an increase in property and sales tax and program revenues that are offset by decreases in transient occupancy tax and other taxes. According to the 2019-2020 Assessor’s Annual Report for Santa Clara County, Cupertino’s net assessment roll growth increased nearly $831 million, or 3.3%, from the prior year. Approximately $470 million and $46 million of the increase was attributable to changes in ownership for single family housing and multifamily housing, respectively. Approximately $58 million and $19 million of the increase was attributable to changes in new construction for single family housing and multifamily housing, respectively. Although sales tax declined slightly year over year in FY 2018- 19, the City experienced an increase of approximately $10.8 million, or 43.2% over the previous year. This is primarily due to a change in estimate in which the City adjusted its accrual practice to include the full remittance amounts from July and August 2020. This change in estimate will be applied prospectively and consistently moving forward. This increase is also due to a one-time double payment received by Apple. Additionally, the City experienced declines in many of the sectors including autos and transportation, building and construction, fuel and service stations, general consumer goods, and restaurants and hotels; however, these experiences were mitigated by a strong performance in the business and industry and county pool allocation. The COVID-19 pandemic has brought great uncertainty to the economy and although the business and industry sector experiences significant increases due to the telework conversion, the City continues to monitor and forecast these sectors conservatively. COVID-19 and shelter-in-place orders brought the City’s transient occupancy taxes to a near halt beginning in March of 2020. As a result, the City’s experienced a $1.6 million, or 18.1%, decrease over the previous fiscal year.  The City continued to make substantial investment into capital projects dedicated to street and transportation improvements, storm drain improvements, and maintenance of and improvements to City facilities, resulting in an increase in net capital assets of $3.6 million, after depreciation.  The City’s change in net position was $15.1 million for governmental activities and $16.3 million in total, reflecting the continued growth of revenues and modest departmental spending.  The City’s Net Pension Liability for June 30, 2020, was $46.1 million, up $5.2 million from June 30, 2019, or 12.7%. The Plan Fiduciary Net Position as a Percentage of the Total Pension Liability for the City’s pension plan with CalPERS decreased from 69.6% to 68.3%. During fiscal year 2019-20, the City Council approved an additional $4 million contribution to the City’s recently established pension rate stabilization program (Section 115 Trust). Annual contributions to this trust will 38 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 5 continue on an annual basis and as part of the City’s budget process. In accordance with guidance under GASB 67/68, the assets in the Section 115 Trust are reported as restricted cash and investments in the City’s General Fund. While the Section 115 Trust qualifies as a “trust,” the assets in the Section 115 Trust are not used to directly pay benefits to beneficiaries; rather, they are used to pay CalPERS via the CERBT Trust and as a result, the activities are not required to be reported in a fiduciary fund. The Trust’s ending balance as of June 30, 2020 was $12.7 million.  Business-type activities contributed $6.6 million to citywide revenues totaling $109.9 million, while the same activities contributed over $8.9 million to citywide expenses of $93.7 million.  The City implemented the provisions of GASB Statement No. 75, Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions, during the fiscal year 2017-18. This statement requires governments to report a liability on the face of the financial statements for the OPEB provided by the City. During FY 2019-20, the City’s reduced the discount rate from 7.0% to 6.5% which consequently increased the Total OPEB Liability. As of June 30, 2020, the City reported a Net OPEB Liability of $2.0 million, Deferred Outflows of Resources of $2.7 million, and Deferred Inflows of Resources of $1.1 million. As of June 30, 2020, the City’s OPEB plan had a funding ratio or funded ratio or status of 93.7%.  On September 29, 2020, the City of Cupertino’s 2020A Certificates of Participation (2020 COPs) were successfully sold in order to refund the City’s 2012 Certificates of Participation for debt service savings. The 2020 COPs were very well received by investors due in large part to the well-regarded Cupertino name, the top-notch AA+ rating, the sizable annual principal amounts and short maturity, and favorable supply and demand dynamics in the California municipal market. The refunding generated net present value savings of approximately $3.14 million, 11.61% of refunded par and a True Interest Cost of 0.72%. Savings to the City’s General Fund amounts to approximately $494,000 per year for the next 10 years, or almost $5 million in total savings. OVERVIEW OF THE FINANCIAL STATEMENTS The discussion and analysis is intended to serve as an introduction to the City’s Basic Financial Statements. The Basic Financial Statements are comprised of the City-wide Financial Statements, the Fund Financial Statements, and the notes to the Basic Financial Statements. These two sets of financial statements provide two different views of the City’s financial activities and positions. The City-Wide Financial Statements provide a long-term view of the City’s activities as a whole, and comprise the Statement of Net Position 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 Position 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 City’s revenues and expenses, with the emphasis on measuring net revenues and expenses for each of the City’s programs. The Statement of Activities explains in detail the change in net position for the year. Over time, increases or decreases in net position can be indicators of whether the financial condition of the City is improving or deteriorating. All of the City’s activities are grouped into Governmental activities and Business-type activities, as explained below. The Statement of Net Position and the Statement of Activities provide a summary of these two types of activities for the City as a whole.  Governmental activities—Most of the City’s 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. 39 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 6 The City’s governmental activities include the activities of a separate legal entity, the Cupertino Public Facilities Corporation (the “Corporation”), because the City is considered to be financially accountable for the Corporation. The City leases its major facilities from the Corporation, which then uses the lease payments to pay principal and interest on the Corporation’s long-term debt.  Business-type activities—All of the City’s enterprises are reported here, including solid waste management and most of the City’s recreational operations. Unlike governmental services, these services are supported by charges paid by users based on the amount of services used. The Fund Financial Statements report the City’s operations in more detail than the City-wide Financial Statements and focus primarily on the short-term activities of the City’s General Fund and other major funds. The Fund Financial Statements measure only current revenues, expenditures, assets, liabilities, and deferred inflows and outflows of resources; 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 City’s most significant funds, called major funds. Cupertino’s 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 City’s 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 city-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 activity statements to allow a better understanding of the long-term impact of the government’s near-term financial decisions. Comparisons of budget and actual financial information are included in the Basic Financial Statements for the General Fund and other major Special Revenue Funds. For other nonmajor funds, budgetary comparison schedules for these funds are included in this document as supplemental information only. Enterprise and Internal Service Fund financial statements are prepared on the full accrual basis and include current and long-term assets and liabilities and deferred outflows and inflows of resources. Enterprise funds are used to report the same functions presented as business-type activities in the City- wide Financial Statements, and in more detail in the Fund Financial Statements. Since the City’s Internal Service funds provide goods and services only to the City’s 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 position 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 City-wide Financial Statements. Fiduciary Fund financial statements are prepared on the full accrual basis and include current and long- term assets and liabilities and deferred outflows and inflows of resources. Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds activities 40 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 7 are excluded from the City’s government-wide financial statements because the City cannot use these assets to finance its own operations. The City maintains an OPEB Pension Trust Fund that is used to account for the assets and liabilities held in trust for the retirees’ post-employment health benefits. The Notes to Basic Financial Statements provide important additional detail that is essential to a full understanding of the data reported in the City-wide and Fund Financial Statements. CITY-WIDE FINANCIAL ACTIVITIES This analysis focuses on the net position and changes in net position of the City’s Governmental Activities (Tables 1 and 2) and Business-Type Activities (Tables 3 and 4) as presented in the City-wide Statement of Net Position and the Statement of Activities. Governmental Activities Table 1 Condensed Statement of Net Position at June 30 (in thousands) Governmental Activities 2020 2019 Assets: Cash and investments $ 147,608 $ 132,532 Restricted cash and investments 17,088 12,412 Other assets 17,150 9,851 Capital assets 199,776 195,971 Total assets 381,622 350,766 Deferred Outflows of Resources: Related to Pension (Note 10) 9,050 8,088 Related to OPEB (Note 11) 2,590 - Total deferred outflows of resources 11,640 8,088 Liabilities: Long term debt 27,010 29,300 Other liabilities 72,819 59,662 Total liabilities 99,829 88,962 Deferred Inflows of Resources: Related to Pension (Note 10) 774 638 Related to OPEB (Note 11) 1,032 1,685 Total deferred inflows of resources 1,806 2,323 Net Position: Net Investment in capital assets 177,128 170,974 Restricted 48,006 45,405 Unrestricted 66,493 51,190 Total net position 291,627 267,569 41 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 8 The City’s change in net position from governmental activities was $24.1 million. The following significant changes within assets, liability, and net position categories occurred:  The City made an additional $4 million contribution to its Section 115 Trust as part of the City’s pension rate stabilization program. Cash held by fiscal agents for debt service is also included in the $17.1 million of restricted cash and investments. In accordance with guidance under GASB 67/68, the assets in the Section 115 Trust are reported as restricted cash and investments in the City’s General Fund. While the Section 115 Trust qualifies as a “trust,” the assets in the Section 115 Trust are not used to directly pay benefits to beneficiaries; rather, they are used to pay CalPERS via the CERBT Trust and as a result, the activities are not required to be reported in a fiduciary fund.  Other assets increased by approximately $7.3 million, primarily due to the actuarily-derived Net OPEB Liability of $2.0 million. In FY 2018-19, the City reported a Net OPEB Asset of $1.1 million; however, during FY 2019-20, the City reduced the discount rate from 7.0% to 6.5% which resulted in an increase to the Net OPEB Liability. Additionally, the City made a change in estimate for its sales tax accrual. Accruing the full remittance in July and August 2020 contributed to $9.0 million of the increase.  Capital assets increased approximately $3.8 million. This consisted of continued significant capital investment into capital projects dedicated to street and transportation improvements, storm drain improvements, and maintenance of and improvements to City facilities that was offset with current year depreciation expense.  Other liabilities increased by approximately $13.2 million, primarily due to a $5 million increase in deposit liability balance resulting from an agreement with San Jose Water Company to complete infrastructure upgrades. Additionally, the City’s Net Pension Liability and Net OPEB Liability increased approximately $7.9 million over the previous fiscal year.  Deferred Outflows Related to Pension and OPEB increased $3.6 million primarily due to actuarial changes of assumptions. Deferred Inflows of Resources Related to Pension and OPEB decreased approximately $517,000 primarily due to actuarial changes of assumptions. Sources of Revenue, Governmental Activities 2019-20 42 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 9 In 2019-20, the City experienced continued trends toward a return to normalcy, until COVID-19 began in March of 2020. While program revenues experienced immediate declines in the final quarter, the City’s general tax revenues remained strong. Revenues decreased $0.1 million from the prior year, primarily due to decreases in functional program revenues offset with increases in general revenues. Functional Expenses, Governmental Activities 2019-20 The Statement of Activities presents program revenues, expenses, general revenues, and the resulting change in net position as summarized in the next table. 43 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 10 Table 2 Condensed Statement of Activities for the Year Ended June 30 (in thousands) Governmental Activities Expenses 2020 2019 Administration $7,975 $ 6,849 Law enforcement 14,698 13,381 Innovation & technology 3,637 3,210 Administrative services 5,176 4,290 Recreation and community services 8,763 7,390 Community development 10,286 10,471 Public works 33,339 31,872 Interest on long-term debt 883 949 Total expenses 84,757 78,412 Revenues Program revenues: Charges for services 19,911 18,861 Operating grants and contributions 5,794 2,557 Capital grants and contributions 1,047 1,082 Total program revenues 26,752 22,500 General revenues: Taxes: Property tax 18,117 17,082 Property tax in-lieu of motor vehicle fee 8,490 8,219 Sales tax 35,657 24,902 Transient occupancy tax 7,286 8,901 Utility user tax 3,182 3,090 Franchise tax 3,419 3,445 Other taxes 1,774 3,300 Intergovernmental, unrestricted: Motor vehicle license fee 47 29 Investment earnings 5,691 3,259 Gain on sale of capital assets - 4 Miscellaneous 1,922 1,187 Total general revenues 85,586 73,418 Total revenues 112,338 95,918 Excess of revenues over expenses, before transfers 27,581 17,506 Transfers (Note 4) (3,523) (75) Change in net position 24,058 17,431 Beginning net position 267,569 250,138 Ending net position $ 291,627 $ 267,569 44 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 11 City-wide Governmental Activities Revenues Table 2 shows that revenues from governmental activities increased $16.4 million or 17.1% from last year, finishing at $112.3 million. The increases in functional program revenues are most attributable to $2.8 million receives from Apple Inc. for Bicycle Transportation Plan projects. General revenues also experienced a net increase namely, property tax, sales tax, transient occupancy tax, and investment earnings as further discussed below. Increases in the City’s general revenues are attributable to a $1.3 million increase in property tax over the prior year. According to the 2019-2020 Assessor’s Annual Report for Santa Clara County, Cupertino’s net assessment roll growth increased nearly $831 million, or 3.3%, from the prior year. Approximately $470 million and $46 million of the increase was attributable to changes in ownership for single family housing and multifamily housing, respectively. Approximately $58 million and $19 million of the increase was attributable to changes in new construction for single family housing and multifamily housing, respectively. Although sales tax declined slightly year over year in FY 2018-19, the City experienced an increase of approximately $10.8 million, or 43.2% over the previous year. This is attributable to a $9.0 million change in estimate for sales tax accruals, and also due to a one-time double payment received by Apple. Additionally, the City experienced declines in many of the sectors including autos and transportation, building and construction, fuel and service stations, general consumer goods, and restaurants and hotels; however, these experiences were mitigated by a strong performance in the business and industry and county pool allocation. The COVID-19 pandemic has brought great uncertainty to the economy and although the business and industry sector experiences significant increases due to the telework conversion, the City continues to monitor and forecast these sectors conservatively. Transient occupancy tax has decreased $1.6 million, or 18.1%, over the prior year due to the COVID-19 and related shelter in place orders. Although the declines in this category are significant, the City has experienced significant growth in the sales tax category from the pandemic as the State has transitioned to a work-from-home telecommuting environment. These declines have been incorporated into the City’s FY 2020-21 Budget and forecast and staff will continue to monitor the activities throughout the course of the pandemic. Investment earnings saw an increase of $2.4 million, or 74.6%, over the prior year. This was due to the City’s portfolio’s total rate of return of 5.52% (net of fee) for the fiscal year. Program revenues showed an increase of $4.3 million, or 19%, and is primarily attributable to $2.8 million received in project funding donations from Apple Inc. for the Bicycle Transportation Plan projects. 45 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 12 City-wide Governmental Activities Expenses City-wide governmental activities expenses increased by $6.3 million, or 8%. The City’s cost allocation plan created fluctuations from one department to the next and special project and capital outlay spending fluctuated as well; however, base expenses remained relatively consistent over the prior year with increases predominantly related to negotiated salary and benefits. Change in Net Position The City-wide governmental net position increase of $15.1 million was slightly down compared to the increase of $17.4 million in 2018-19 and can be best explained by continued relative stabilization in general revenues paired with consistent and conservative spending. Business Type Activities Business-type activities in the City-wide Financial Statements include the City’s 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 costs of providing services and facilities to the general public on a continuing basis be financed or recovered primarily through user fees. The major proprietary funds section of this report provides more information on business-type results. As shown in Table 3 and Table 4, the business-type net position totaled $9.3 million at June 30, 2020, an increase of $1.2 million, or 14.9%, from the prior year with unrestricted net position increasing $1.4 million and the net investment in capital assets decreasing by $200,000. Business-type activities transferred in (net) $3.5 million, an increase of $3.4 million over the prior year, which contributed to the increase in net position. Few capital asset additions offset with $275,000 in depreciation expense resulted in a net decrease of $200,000 over the prior year. Enterprise activities experienced an overall increase in assets due primarily to investment income which increased cash and cash equivalents. Liabilities for business-type activities decreased by $81,000 due to increases in accounts payable, OPEB liability and net pension liability which were offset by decreases in unearned revenue. In Table 4, revenues for all business-type activities decreased $97,000 and operating expenses increased by $562,000, primarily attributable to the restructuring of the City’s waste recovery contract which eliminated pass-through costs for the entire fiscal year. 46 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 13 Table 3 Condensed Statement of Net Position at June 30 (in thousands) Business Type Activities 2020 2019 Assets: Cash and investments $ 11,524 $ 10,396 Other assets 348 407 Capital assets 1,119 1,319 Total assets 12,991 12,122 Deferred Outflows of Resources: Related to pension 598 539 Related to OPEB 156 - Total deferred outflows of resources 754 539 Other Liabilities: 4,365 4,447 Total liabilities 4,365 4,447 Deferred Inflows of Resources: Related to pension 51 43 Related to OPEB 75 114 Total deferred inflows of resources 126 157 Net Position: Net Investment in capital assets 1,119 1,319 Unrestricted 8,135 6,738 Total net position $ 9,254 $ 8,057 47 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 14 Table 4 Condensed Statement of Activities for the Year Ended June 30 (in thousands) Business Type Activities Expenses 2020 2019 Resource recovery $ 2,213 $ 1,736 Blackberry farm 664 645 Cupertino sports center 2,884 3,036 Recreation programs 3,141 2,923 Total expenses 8,902 8,340 Revenues Program revenues: Charges for services 6,114 6,403 General revenues: Investment earnings 462 270 Total revenues 6,576 6,673 Excess of revenues over expenses, before extraordinary item and transfers (2,326) (1,667) Transfers 3,523 75 Change in net position 1,197 (1,592) Beginning net position 8,057 9,649 Ending net position $ 9,254 $ 8,057 MAJOR GOVERNMENTAL FUNDS General Fund General Fund Revenues General Fund actual revenues of $101.1 million ended $13.9 million, or 16.0%, above the original budget and $10.6 million, or 11.9%, above the final budget. Actual revenues were up $12.3 million or 14% when compared to 2018-19 actuals. Table 5 displays the variations in actual revenues, while Table 6 shows budgeted revenues compared to actuals. 48 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 15 Property taxes increased $1.3 million, or 5%, over the prior year due to continued roll-growth. According to the 2019-2020 Assessor’s Annual Report for Santa Clara County, Cupertino’s net assessment roll growth increased nearly $831 million, or 3.3%, from the prior year. Sales tax increased $10.8 million, or 43%, over the prior year due to strong business and industry and county pool allocation growth. $9.0 million of the increase was also attributable to a change in estimate in which the full remittances for July and August 2020 were accrued. Transient occupancy tax decreased $1.6 million, or 18%, due to the COVID-19 and the related shelter- in-place orders which brought transient occupancy tax revenues to a near halt beginning in March 2020. Charges for services remained relatively consistent in total, decreasing by $210,000 over the previous year. Decreases in refundable deposit revenues of $1.2 million and planning fees of $976,000 were offset by increases in engineering fees of $220,000 and cost allocation charges of $2.1 million. Licenses and permits increased $590,000, or 14%, due to increased construction plan check services that were offset by slight decreases in building inspection and general building licenses and permits. Table 5 Revenue Changes General Fund, Fiscal 2020 vs. 2019 (in thousands) Increase/(Decrease) Fiscal 2020 From Fiscal 2019 Revenue by Source Amount % of Total Amount Percent Taxes: Property $ 26,607 26% $ 1,306 5% Sales 35,657 35% 10,755 43% Transient occupancy 7,286 7% (1,615) -18% Utility user 3,182 3% 92 3% Franchise 3,419 3% (26) -1% Other 1,402 2% (258) -16% Use of money & property 4,078 4% 1,424 54% Intergovernmental 748 1% 274 58% Licenses and permits 4,693 5% 590 14% Charges for services 12,435 12% (210) -2% Fines and forfeitures 328 0% (183) -36% Other 1,218 1% 116 11% Total revenues $ 101,053 100% $ 12,265 14% Other financing sources: Transfers in $ 10,012 100% $ 10,008 250200% Proceeds from sale of land $ - 0% $ (10) -100% Total other financing sources $ 10,012 100% $ 9,998 71414% 49 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 16 Table 6 Revenue, Budget and Actual Comparisons General Fund 2019-20 (in thousands) Budgeted Amounts Over/(Under) Original Final Actual Final Taxes: Property $ 24,703 $ 24,703 $ 26,607 $ 1,904 Sales 25,637 25,637 35,657 10,020 Transient occupancy 9,666 9,666 7,286 (2,380) Utility user 3,199 3,199 3,182 (17) Franchise 3,162 3,162 3,419 257 Other 1,181 1,181 1,402 221 Use of money & property 1,333 1,333 4,078 2,745 Intergovernmental 355 355 748 393 Licenses and permits 2,524 2,524 4,693 2,169 Charges for services 13,826 16,560 12,435 (4,125) Fines and forfeitures 615 615 328 (287) Other 882 1,474 1,218 (256) Total revenues $ 87,083 $ 90,409 $ 101,053 $ 10,644 Transfers in $ 12 $ 10,012 $ 10,012 $ - General Fund Expenditures Fiscal 2019-20 overall expenditures, at $64.6 million, were $1.6 million higher than last year. This result came in 16.7% or $13.0 million under the final budget. Year-over-year and budget-versus-actual results for General Fund programs are described below and in Tables 7 and 8. Administration increased $657,000, or 10%, from 2018-19 and is primarily due to the contracting out of the Economic Development function, increases in City Attorney contract services, and negotiated salary and benefit increases. Law Enforcement was higher by approximately $1.0 million, or 8%, which was the automatic increase in the existing contract with the Santa Clara County Sheriff’s Office triggered by increases in the lease and CalPERS costs. Innovation & Technology remained relatively consistent from 2018-19 to 2019-20. Some notable special projects that commenced included, but were not limited to, ProjectDox Upgrade, Legistar and Vision Integration, City Facility Security and Video, Laserfiche Data Replication, and Plotter and Scanner Replacement. Administrative Services’ expenditures increased approximately $420,000, or 10%, over the prior year due to negotiated increases in salary and benefits. This increase also reflected the addition of a full-time benefitted employee. 50 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 17 Parks & Recreation General Fund expenditures experienced a 15% decrease, or $1.3 million, across its programs. The majority of this decrease was due to COVID-19 and the inability to hold related program activities and events in the final quarter of FY 2019-20. Community Development expenditures in the General Fund decreased $131,000 or 2% due to the reorganization of the Economic Development Division to the City Manager’s Office. Public Works expenditures increased approximately $1.2 million or 7%. This is primarily represented by an increase in compensation and benefits. While various divisions and programs fluctuated over the prior year, the notable special projects and fluctuations include, but are not limited to, Shuttle Bus Pilot Program, office reconfigurations, field maintenance, and streetlight LED upgrades. Transfers out of the General Fund increased from $19.4 million in 2018-19 to $30.9 million. This increase represented a $10 million net transfer of excess fund balance to the Capital Reserve. Table 7 Expenditure Changes General Fund, Fiscal 2020 vs. 2019 (in thousands) Increase/(Decrease) Fiscal 2020 From Fiscal 2019 Function/Program Amount % of Total Amount Percent Administration $ 6,950 11% $ 657 10% Law enforcement 14,151 22% 1,042 8% Innovation and technology 3,223 5% 379 13% Administrative services 4,618 7% 420 10% Parks and recreation 7,689 12% (1,306) -15% Community development 8,423 13% (131) -2% Public works 18,829 29% 1,162 7% Capital outlay 705 1% (649) -48% Total expenditures $ 64,588 100% $ 1,574 2% Transfers out $ 30,892 100% $ 11,516 59% 51 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 18 Table 8 Expenditure Changes General Fund 2019-20 (in thousands) Budgeted Amounts Over/(Under) Original Final Actual Final Administration $ 7,548 $ 8,010 $ 6,950 $ 1,060 Law enforcement 14,078 14,081 14,151 (70) Innovation and technology 3,231 3,512 3,223 289 Administrative services 4,790 5,085 4,618 467 Parks and recreation 8,574 8,753 7,689 1,064 Community development 9,605 9,032 8,423 609 Public works 21,513 24,444 18,829 5,615 Capital outlay 221 4,646 705 3,941 Total expenditures $ 69,560 $ 77,563 $ 64,588 $ 12,975 Transfers out $ 10,540 $ 30,892 $ 30,892 $ - General Fund - Fund Balance The General Fund carried a June 30, 2020, ending fund balance of $74.5 million, up 26.4% or $15.6 million from beginning of the fiscal year. Loan receivables totaled $449,341 of non-spendable fund balance. The City committed $19.0 million for general economic uncertainty and $127,891 for sustainability. The City assigned $3,176,882 for encumbrances. $1,368,789 was restricted for public access television purposes, $13,193 for CASp certification training, $217,551 for Public safety power shutoff, and $12,725,224 for the pension rate stabilization program (Section 115 Trust). $34,526,942 was classified as unassigned. Transportation The Transportation Special Revenue Fund carried a June 30, 2020, ending fund balance of $5,174,514, down 48.3%, or $4.8 million from the beginning of the fiscal year. In recent years this fund has accumulated fund balance year over year. In an effort to reduce the amount of accumulated non- discretion balance, the City reduced the operating subsidy for FY 2019-20 relied on existing fund balance and current year non-discretionary revenues to fund the various transportation projects. Housing Development The Housing Development Special Revenue Fund carried a June 30, 2020, ending fund balance of $8.5 million, 2%, or $176,000 from the beginning of the fiscal year. The activities in this fund remained relatively consistent with the previous fiscal year. 52 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 19 Public Facilities Corporation A transfer of $3,172,838 was made from the General Fund to the Public Facilities Corporation Debt Service Fund to cover principal and interest on the 2012 Certificates of Participation lease payments. See Notes 4 and 6 to the Basic Financial Statements and the Debt Administration section of this analysis for more information. Capital Improvement Projects The Capital Improvement Projects Capital Projects Fund carried a June 30, 2020, ending fund balance of $40,354,087, up 22.2%, or $7.3 million from the beginning of the fiscal year. During fiscal year 2019-20, a $10 million transfer in from the General Fund was received for purposes of fund capital- related projects. The following capital projects incurred the highest expenditures: Library Expansion, McClellan West Parking Lot Improvements, and 2016 Bike Plan Implementation. MAJOR PROPRIETARY FUNDS Resource Recovery The City has a solid waste franchise agreement with Recology that shares collection, landfill disposal, and recycling revenues and costs. This fund receives revenues from Recology with the funds going toward landfill costs, regulatory fees, and staffing costs that the City incurs to manage its solid waste, recycling, and household hazardous waste programs. Total operating revenue increased from $1.75 million last year to $1.82 million this year, while expenses increased by approximately $478,000 due to increased contractual costs as well as the Waste Characterization Study and Franchise Agreement Request for Proposal special projects on the City Work Program. Net position decreased by approximately $152,000. The fund ended the year with a $5.3 million in net position. Recreation Programs This enterprise operates the Quinlan Community Center, Monta Vista Recreation Center, McClellan Ranch, Creekside Park building, eight school sites, and various parks. While the economy and enhanced marketing helped cultural events, youth and teen programs, sports, dance and fitness classes generate increasing revenues in recent years, fiscal year 2019-20 saw a slight decline. These programs generated approximately $1.6 million in revenues that were $398,000, or 20% lower than last year. Ongoing program expenses of approximately $3.1 million included full-time administrative and programming staff, part-time activity leaders, and class instructors on contract. This resulted in a net operating loss of $1.5 million as compared to an operating loss of $869,000 a year ago. After the $690,000 transfer, the fund ended up with a decrease in net position of $783,000. The fund ended the year with a net position of $1.1 million. Cupertino Sports Center Tennis lesson, membership, fitness class and rent revenues of $2.4 million and increased by $16,000 or 0.7% over last year, remaining relatively stagnant over the previous year. In addition, expenses decreased by $152,134 or 5%, due to decreased activities in the final quarter because of COVID-19 and 53 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 20 shelter-in-place orders resulting in a net operating loss of $518,000. In 2018-19, net operating income was ($648,000). This fund’s net position was $2.6 million as of June 30, 2020 and increased significant due to a $948,000 operating subsidy from the General Fund as well as a $1.28 million transfer from the Capital Reserve to fund its capital improvement program capital project. NONMAJOR PROPRIETARY FUNDS Blackberry Farm City employees, with a teaching professional contractor, staff the City-owned Blackberry Farm golf course and pro shop. Operating revenues increased 7% in 2019-20 from $317,000 to $338,000. Operating expenses decreased by $18,000, or 2.8%, to $664,000 this year. The golf course’s operating loss decreased from $328,000 last year to $325,000 this year. After a transfer in from the General Fund of $610,000, net position increased $307,000. As of June 30, 2020, this fund’s net position was $291,098. CAPITAL ASSETS At June 30, 2020, the City had $200.9 million, 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 5 to the Basic Financial Statements. This reflects the City’s continued investment into capital projects dedicated to street and transportation improvements, storm drain improvements, and maintenance of and improvements to City facilities, resulting in an increase in net capital assets of $3.6 million, after depreciation. Table 9 Capital Assets, Net of Depreciation, at June 30 (in thousands) 2020 2019 Governmental Activities: Land $ 62,046 $ 62,046 Easements 19,615 19,615 Construction in Progress 5,530 3,566 Buildings 16,015 17,723 Improvements other than buildings 17,483 18,912 Machinery and equipment 4,793 4,912 Roads, curbs, gutters, sidewalks, medians and bridges 67,713 62,171 Streetlights 1,589 1,489 Storm drain structures and mains 4,263 4,695 Traffic signals 729 842 Total Governmental Activities 199,776 195,971 Business-Type Activities Buildings 574 634 Improvements other than buildings 437 628 Machinery and equipment 108 56 Total Business-Type Activities 1,119 1,319 Total City $ 200,895 $ 197,290 54 CITY OF CUPERTINO Management’s Discussion and Analysis (Unaudited) For the Year Ended June 30, 2020 21 DEBT ADMINISTRATION The City’s only long-term debt liability at June 30, 2020, 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 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 rate debt ranging from 0.35% to 3.125% requires annual debt payments of approximately $3,170,379 that are covered by the General Fund. The June 30, 2020, outstanding principal of $27,010,000 is due to be paid off by July 1, 2030. More information can be found in Note 6 to the Basic Financial Statements and in the Public Facilities Corporation discussion earlier in this analysis. On September 29, 2020, the City of Cupertino’s 2020A Certificates of Participation (2020 COPs) were successfully sold in order to refund the City’s 2012 Certificates of Participation for debt service savings. The 2020 COPs were very well received by investors due in large part to the well-regarded Cupertino name, the top-notch AA+ rating, the sizable annual principal amounts and short maturity, and favorable supply and demand dynamics in the California municipal market. The refunding generated net present value savings of approximately $3.14 million, 11.61% of refunded par and a True Interest Cost of 0.72%. Savings to the City’s General Fund amounts to approximately $494,000 per year for the next 10 years, or almost $5 million in total savings. CURRENTLY KNOWN FACTS AND CONDITIONS The COVID-19 pandemic has had significant impacts on the City, both financially as well as operationally. Although revenues in transient occupancy tax, charges for services, and sales tax are projected to decline in FY 2020-21, the City has put forth efforts to reduce its operating costs to mitigate the future impacts. Additionally, preliminary sales tax data indicate for FY 2020-21 indicate a much more positive experience than originally expected and will also assist in the mitigation. The City’s reserves remain intact and the City does not anticipate requiring the use of these Committed and Restricted funds. Lastly, and as discussed above, the COPs refinancing is anticipated to have approximately $494,000 in annual savings to the General Fund Aside from the pandemic and subsequent year refinancing, the City is unaware of any other facts or conditions or decisions that are expected to have a significant effect on net position or results of operations. CONTACTING THE CITY’S FINANCIAL MANAGEMENT This Comprehensive Annual Financial Report is intended to provide a general overview of the City’s finances. Further information can be provided by the City of Cupertino Finance Department, 10300 Torre Avenue, Cupertino CA 95014, phone (408) 777-3280, or by the City website at www.cupertino.org. 55 This Page Left Intentionally Blank 56 STATEMENT OF NET POSITION AND STATEMENT OF ACTIVITIES 22. The Statement of Net Position and the Statement of Activities summarize the entire City's financial activities and financial position. They are prepared on the same basis as is used by most businesses, which means they include all the City's assets and all its liabilities, as well as all its revenues and expenses. This is known as the full accrual basis - the effect of all the City' s 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 Position reports the difference between the City's total assets and deferred outflows and the City's total liabilities and deferred inflows, including all the City's capital assets and all its long term debt. The Statement of Net Position summarizes the financial position of all the City's Governmental Activities in a single column, and the financial position of all the City's 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 City's Governmental Activities include the activities of its General Fund, along with all its Special Revenue, Capital Projects and Debt Service Funds. Since the City's Internal Service Funds service these Funds, their activities are consolidated with Governmental Activities, after eliminating inter-fund transactions and balances. The City's Business Type Activities include all of its Enterprise Fund activities. The Statement of Activities reports increases and decreases in the City's net position. It is also prepared on the full accrual basis, which means it includes all the City's revenues and all its expenses, regardless of when cash changes hands. This differs from the "modified accrual" basis used in the Fund financial statements, which reflect only current assets, current liabilities, available revenues and measurable expenditures. The format of the Statement of Activities presents the City's 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 City's general revenues are then listed in the Governmental Activities or Business-type Activities column, as appropriate, and the Change in Net Position is computed and reconciled with the Statement of Net Position. Both these Statements include the financial activities of the City and the Cupertino Public Facilities Corporation, which is a legally separate component unit of the City because it is controlled by and financially accountable to the City. 57 CITY OF CUPERTINO, CALIFORNIA STATEMENT OF NET POSITION June 30, 2020 See accompanying notes to financial statements. 23. Governmental Business-Type Activities Activities Total ASSETS Cash and cash investments (Note 2) 147,607,536$ 11,523,616$ 159,131,152$ Restricted cash and investments (Note 2) 17,087,541 - 17,087,541 Receivables Accounts 12,375,945 348,347 12,724,292 Interest 70,264 - 70,264 Loans (Note 3) 4,701,781 - 4,701,781 Prepaid expenses and other assets 3,884 - 3,884 Capital assets (Note 5): Non-depreciable 87,190,844 - 87,190,844 Depreciable, net of accumulated depreciation 112,584,973 1,118,882 113,703,855 Total assets 381,622,768 12,990,845 394,613,613 DEFERRED OUTFLOWS OF RESOURCES Related to pension (Note 10) 9,049,898 597,721 9,647,619 Related to OPEB (Note 11) 2,589,672 156,328 2,746,000 Total deferred outflows of resources 11,639,570 754,049 12,393,619 LIABILITIES Accounts payable and accruals 7,849,740 506,751 8,356,491 Accrued payroll and benefits 1,405,342 289 1,405,631 Deposits 11,605,717 - 11,605,717 Unearned revenue 174,811 536,599 711,410 Compensated absences (Note 1): Due in one year 531,203 52,043 583,246 Due in more than one year 4,616,589 311,475 4,928,064 Claims payable (Note 9): Due in one year 274,000 - 274,000 Due in more than one year 1,253,000 - 1,253,000 Long-term debt (Note 6): Due in one year 2,355,000 - 2,355,000 Due in more than one year 24,655,000 - 24,655,000 Net pension liability (Note 10) 43,246,621 2,851,909 46,098,530 Net OPEB liability (Note 11)1,861,871 106,129 1,968,000 Total liabilities 99,828,894 4,365,195 104,194,089 DEFERRED INFLOWS OF RESOURCES Related to pension (Note 10) 773,701 51,346 825,047 Related to OPEB (Note 11) 1,032,473 74,527 1,107,000 Total deferred inflows of resources 1,806,174 125,873 1,932,047 NET POSITION (Note 7) Net investment in capital assets 177,128,134 1,118,882 178,247,016 Restricted for: Special revenue projects 37,860,800 - 37,860,800 Affordable housing 8,459,128 - 8,459,128 Debt service 1,685,872 - 1,685,872 Total restricted net position 48,005,800 - 48,005,800 Unrestricted 66,493,336 8,134,944 74,628,280 Total net position 291,627,270$ 9,253,826$ 300,881,096$ 58 CITY OF CUPERTINO, CALIFORNIA STATEMENT OF ACTIVITIES For the year ended June 30, 2020 See accompanying notes to financial statements. 24. Operating Capital Business- Charges for Grants and Grants and Governmental Type Functions/Programs Expenses Services Contributions Contributions Activities Activities Total Governmental activities: Administration 7,974,520$ 2,091,811$ -$ -$ (5,882,709)$ -$ (5,882,709)$ Law enforcement 14,698,130 1,102,888 155,948 - (13,439,294) - (13,439,294) Public and environmental affairs 3,637,354 - - - (3,637,354) - (3,637,354) Administrative services 5,175,596 3,889,180 - - (1,286,416) - (1,286,416) Recreation services 8,763,194 1,309,906 - - (7,453,288) - (7,453,288) Community development 10,286,317 5,859,847 417,650 - (4,008,820) - (4,008,820) Public works 33,339,191 5,657,315 5,220,845 1,046,756 (21,414,275) - (21,414,275) Interest on long - term debt 882,837 - - - (882,837) - (882,837) Total governmental activities 84,757,139 19,910,947 5,794,443 1,046,756 (58,004,993) - (58,004,993) Business-type activities: Resource recovery 2,213,404 1,821,677 - - - (391,727) (391,727) Blackberry farm 663,663 338,212 - - - (325,451) (325,451) Cupertino sports center 2,883,903 2,365,667 - - - (518,236) (518,236) Recreation programs 3,141,225 1,588,576 - - - (1,552,649) (1,552,649) Total business-type activities 8,902,195 6,114,132 - - - (2,788,063) (2,788,063) Total 93,659,334$ 26,025,079$ 5,794,443$ 1,046,756$ (58,004,993) (2,788,063) (60,793,056) General revenues: Taxes: Property taxes 18,117,304 - 18,117,304 Property tax in lieu of motor vehicle fee 8,489,541 - 8,489,541 Sales taxes 35,657,214 - 35,657,214 Transient occupancy tax 7,286,083 - 7,286,083 Utility user tax 3,182,086 - 3,182,086 Franchise tax 3,418,908 - 3,418,908 Other taxes 1,774,235 - 1,774,235 Intergovernmental, unrestricted: Motor vehicle license fee 47,391 - 47,391 Investment earnings 5,690,723 462,387 6,153,110 Miscellaneous 1,922,356 - 1,922,356 Transfers (Note 4)(3,523,000) 3,523,000 - Total general revenues and transfers 82,062,841 3,985,387 86,048,228 Change in Net Position 24,057,848 1,197,324 25,255,172 Net Position, beginning of year 267,569,422 8,056,502 275,625,924 Net Position, end of year 291,627,270$ 9,253,826$ 300,881,096$ Program Revenues Changes in Net Position Net (Expense) Revenue and 59 FUND FINANCIAL STATEMENTS 25. 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 2019-20. Individual non-major funds may be found in the Supplementary 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. Transportation Special Revenue Fund: Accounts for the City's gas tax, vehicle registration fees 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 Special Revenue Fund: Accounts for the Federal Housing and Community Development Grant 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 program's rules. 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. Capital Improvement Projects Capital Projects Fund: This fund accounts for activities related to the acquisition or construction of major capital facilities. 60 CITY OF CUPERTINO, CALIFORNIA GOVERNMENTAL FUNDS BALANCE SHEET June 30, 2020 See accompanying notes to financial statements. 26. Public Capital Facilities Improvement Corporation Projects Nonmajor Total Housing Debt Capital Governmental Governmental General Transportation Development Service Fund Projects Fund Funds Funds ASSETS Cash and investments (Note 2) 63,176,565$ 5,169,837$ 7,953,120$ 54,974$ 43,497,586$ 18,517,883$ 138,369,965$ Restricted cash and investments (Note 2) 12,725,224 - - 4,362,317 - - 17,087,541 Receivables: Accounts 11,952,435 191,575 175,586 - - 49,349 12,368,945 Interest 70,264 - - - - - 70,264 Loans (Note 3) 449,341 - 4,252,440 - - - 4,701,781 Due from other funds (Note 4) 539,204 - - - - - 539,204 Advances to other funds (Note 4) 3,000,000 - - - - - 3,000,000 Other assets 3,884 - - - - - 3,884 Total assets 91,916,917$ 5,361,412$ 12,381,146$ 4,417,291$ 43,497,586$ 18,567,232$ 176,141,584$ LIABILITIES Accounts payable and accruals 4,225,306$ 186,898$ 209,898$ 2,731,419$ 143,499$ 8,659$ 7,505,679$ Accrued payroll and benefits 1,405,270 - - - - - 1,405,270 Advances from other funds (Note 4) - - - - 3,000,000 - 3,000,000 Deposits 11,605,717 - - - - - 11,605,717 Unearned revenue 174,811 - - - - - 174,811 Total liabilities 17,411,104 186,898 209,898 2,731,419 3,143,499 8,659 23,691,477 DEFERRED INFLOWS OF RESOURCES Unavailable revenue - loans - - 3,712,120 - - - 3,712,120 Total deferred inflows of resources - - 3,712,120 - - - 3,712,120 FUND BALANCES (Note 7) Nonspendable 3,449,341 - - - - - 3,449,341 Restricted 14,324,757 5,174,514 8,459,128 1,685,872 - 18,361,529 48,005,800 Committed 19,127,891 - - - - - 19,127,891 Assigned 3,176,882 - - - 40,354,087 197,044 43,728,013 Unassigned 34,426,942 - - - - - 34,426,942 Total fund balances 74,505,813 5,174,514 8,459,128 1,685,872 40,354,087 18,558,573 148,737,987 Total liabilities, deferred inflows of resources and fund balances 91,916,917$ 5,361,412$ 12,381,146$ 4,417,291$ 43,497,586$ 18,567,232$ 176,141,584$ Special Revenue Funds 61 CITY OF CUPERTINO, CALIFORNIA RECONCILIATION OF GOVERNMENTAL FUNDS BALANCE SHEET TO STATEMENT OF NET POSITION June 30, 2020 See accompanying notes to financial statements. 27. Total fund balances reported on the governmental funds balance sheet 148,737,987$ 196,120,886 7,959,447 3,712,120 Long-term debt (27,010,000) Net pension liability (40,488,773) Net OPEB liability (1,730,132) Pension-related deferred outflows of resources 8,478,140 Pension-related deferred inflows of resources (721,803) OPEB-related deferred outflows of resources 2,403,803 OPEB-related deferred inflows of resources (972,787) Compensated absences (4,861,618) Net position for governmental activities 291,627,270$ The liabilities, deferred inflows of resources and deferred outflows of resources are not related to the current period and therefore are not reported in the governmental funds: Capital assets used in governmental activities are not current assets or financial resources and therefore are not reported in the governmental funds. Internal service funds are used by management to charge the costs of activities such as information technology, insurance, equipment acquisition and maintenance, and certain employee benefits to governmental funds. The assets and liabilities of the internal service funds are therefore included in the governmental activities of the statement of net position. Certain receivables are not available to pay for current period expenditures and therefore are deferred in the governmental funds. Amounts reported for governmental activities in the statement of net position are different from those reported in the governmental funds because of the following: 62 CITY OF CUPERTINO, CALIFORNIA GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES For the year ended June 30, 2020 See accompanying notes to financial statements. 28. Public Capital Facilities Improvement Corporation Projects Nonmajor Total Housing Debt Capital Governmental Governmental General Transportation Development Service Fund Projects Fund Funds Funds Revenues Taxes 77,553,138$ -$ 39,000$ -$ -$ 333,233$ 77,925,371$ Use of money and property 4,077,882 243,244 311,905 26,612 903,753 695,946 6,259,342 Intergovernmental 747,941 2,938,672 357,527 - 2,844,450 - 6,888,590 Licenses and permits 4,692,847 - - - - - 4,692,847 Charges for services 12,435,382 61,900 1,443 - - 1,439,225 13,937,950 Fines and forfeitures 327,833 - - - - 16,175 344,008 Other revenue 1,217,623 703,218 1,515 - - - 1,922,356 Total revenues 101,052,646 3,947,034 711,390 26,612 3,748,203 2,484,579 111,970,464 Expenditures Current: Administration 6,950,041 - - 1,500 - - 6,951,541 Law enforcement 14,151,413 - - - - - 14,151,413 Public and environmental affairs 3,223,185 - - - - - 3,223,185 Administrative services 4,617,787 - - - - - 4,617,787 Recreation services 7,688,935 - - - - - 7,688,935 Community development 8,423,300 - 887,527 - - - 9,310,827 Public works 18,829,328 2,841,815 - - - 774,805 22,445,948 Capital outlay 705,153 6,165,631 - - 5,709,314 64,275 12,644,373 Debt service: Principal - - - 2,290,000 - - 2,290,000 Interest and fiscal charges - - - 882,837 - - 882,837 Total expenditures 64,589,142 9,007,446 887,527 3,174,337 5,709,314 839,080 84,206,846 Excess (deficiency) of revenues over expenditures 36,463,504 (5,060,412) (176,137) (3,147,725) (1,961,111) 1,645,499 27,763,618 Other financing sources (uses) Transfers in (Note 4) 10,012,000 221,000 - 3,172,838 20,705,438 1,097,000 35,208,276 Transfers (out) (Note 4)(30,892,276) - - - (11,400,000) (12,000) (42,304,276) Total other financing sources (uses)(20,880,276) 221,000 - 3,172,838 9,305,438 1,085,000 (7,096,000) Net change in fund balances 15,583,228 (4,839,412) (176,137) 25,113 7,344,327 2,730,499 20,667,618 Beginning fund balances 58,922,585 10,013,926 8,635,265 1,660,759 33,009,760 15,828,074 128,070,369 Ending fund balances 74,505,813$ 5,174,514$ 8,459,128$ 1,685,872$ 40,354,087$ 18,558,573$ 148,737,987$ Special Revenue Funds 63 CITY OF CUPERTINO, CALIFORNIA GOVERNMENTAL FUNDS RECONCILIATION OF NET CHANGES IN FUND BALANCES – GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the year ended June 30, 2020 See accompanying notes to financial statements. 29. Total net changes in fund balances reported on the governmental funds balance sheet 20,667,618$ Amounts reported for governmental activities in the statement of activities are different from those reported in the governmental funds because of the following: Capital outlay 11,317,866 Depreciation expense (7,472,456) Net retirements (12,380) 2,290,000 Compensated absences (316,029) Net pension liability (4,579,619) Net OPEB liability (asset) (2,725,069) Pension-related deferred outflows of resources 895,881 Pension-related deferred inflows of resources (126,805) OPEB-related deferred outflows of resources 2,403,803 OPEB-related deferred inflows of resources 605,768 1,109,270 Change in net position of governmental activities 24,057,848$ Internal service funds are used by management to charge the costs of activities such as information technology, insurance, equipment acquisition and maintenance, and certain employee benefits to governmental funds. The portion of the net expense of these internal service funds arising out of their transactions with governmental funds is reported with governmental activities because they service those activities. Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets are capitalized and depreciated over their estimated useful lives, which is reported as depreciation expense. Expenditures for capital assets reported as: Long term debt principal payments are reported as expenditures in the governmental funds but are not reported as expenses in the statement of activities. The changes in the amounts below do not provide or require the use of current financial resources and therefore are not reported as revenues or expenditures in the governmental funds: The schedule below reconciles the net changes in fund balances reported on the governmental funds statement of revenues, expenditures and changes in fund balances, which measures only changes in current assets and current liabilities on the modified accrual basis, with the change in net position of governmental activities reported in the statement of activities, which is prepared on the full accrual basis. 64 CITY OF CUPERTINO, CALIFORNIA GENERAL FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL For the year ended June 30, 2020 See accompanying notes to financial statements. 30. Variance with Final Budget Actual Positive Original Final Amounts (Negative) Revenues Taxes 67,548,518$ 67,548,518$ 77,553,138$ 10,004,620$ Use of money and property 1,333,079 1,333,079 4,077,882 2,744,803 Intergovernmental 354,547 354,547 747,941 393,394 Licenses and permits 2,524,000 2,524,000 4,692,847 2,168,847 Charges for services 13,825,725 16,559,545 12,435,382 (4,124,163) Fines and forfeitures 615,000 615,000 327,833 (287,167) Other revenue 882,283 1,474,015 1,217,623 (256,392) Amounts available for appropriation 87,083,152 90,408,704 101,052,646 10,643,942 Charges for appropriation (outflows): Current Administration 7,547,520 8,009,767 6,950,041 1,059,726 Law enforcement 14,077,937 14,080,543 14,151,413 (70,870) Public and environmental affairs 3,230,880 3,512,186 3,223,185 289,001 Administrative services 4,790,420 5,085,300 4,617,787 467,513 Recreation services 8,574,403 8,753,432 7,688,935 1,064,497 Community development 9,604,789 9,031,527 8,423,300 608,227 Public works 21,512,912 24,443,890 18,829,328 5,614,562 Capital outlay 221,050 4,646,388 705,153 3,941,235 Total charges for appropriations 69,559,911 77,563,033 64,589,142 12,973,891 Excess of revenues over expenditures 17,523,241 12,845,671 36,463,504 23,617,833 Other financing sources (uses) Transfers in 12,000 10,012,000 10,012,000 - Transfers (out)(10,539,557) (30,892,276) (30,892,276) - Total other financing sources (uses)(10,527,557) (20,880,276) (20,880,276) - Net change in fund balance 6,995,684$ (8,034,605)$ 15,583,228 23,617,833$ Beginning fund balance 58,922,585 Ending fund balance 74,505,813$ Budgeted Amounts 65 CITY OF CUPERTINO, CALIFORNIA TRANSPORTATION SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL For the year ended June 30, 2020 See accompanying notes to financial statements. 31. Variance with Final Budget Actual Positive Original Final Amounts (Negative) Revenues Use of money and property -$ -$ 243,244$ 243,244$ Intergovernmental 7,192,936 6,423,936 2,938,672 (3,485,264) Charges for services - - 61,900 61,900 Other revenue 2,198,521 841,855 703,218 (138,637) Amounts available for appropriation 9,391,457 7,265,791 3,947,034 (3,318,757) Charges for appropriation (outflows): Current Public works 3,002,883 2,992,268 2,841,815 150,453 Capital outlay 5,035,000 6,197,940 6,165,631 32,309 Total charges for appropriations 8,037,883 9,190,208 9,007,446 182,762 Deficiency of revenues under expenditures 1,353,574 (1,924,417) (5,060,412) (3,135,995) Other financing sources (uses) Transfers in 221,000 221,000 221,000 - Total other financing sources (uses)221,000 221,000 221,000 - Net change in fund balance 1,574,574$ (1,703,417)$ (4,839,412) (3,135,995)$ Beginning fund balance 10,013,926 Ending fund balance 5,174,514$ Budgeted Amounts 66 CITY OF CUPERTINO, CALIFORNIA HOUSING DEVELOPMENT SPECIAL REVENUE FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL For the year ended June 30, 2020 See accompanying notes to financial statements. 32. Variance with Final Budget Actual Positive Original Final Amounts (Negative) Revenues Taxes 3,000$ 3,000$ 39,000$ 36,000$ Use of money and property 14,800 14,800 311,905 297,105 Intergovernmental 361,597 361,597 357,527 (4,070) Charges for services - - 1,443 1,443 Other revenue - - 1,515 1,515 Amounts available for appropriation 379,397 379,397 711,390 331,993 Charges for appropriation (outflows): Current Community development 1,044,216 986,694 887,527 99,167 Total charges for appropriations 1,044,216 986,694 887,527 99,167 Net change in fund balance (664,819)$ (607,297)$ (176,137) 431,160$ Beginning fund balance 8,635,265 Ending fund balance 8,459,128$ Budgeted Amounts 67 MAJOR PROPRIETARY FUNDS 33. 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 2019 - 20. 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. Recreation Programs Fund: This fund accounts for activities of the City's community centers and park facilities. Cupertino Sports Center Fund: This fund accounts for the operation and maintenance of the Cupertino Sports Center. 68 CITY OF CUPERTINO, CALIFORNIA PROPRIETARY FUNDS STATEMENT OF NET POSITION June 30, 2020 See accompanying notes to financial statements. 34. Governmental Cupertino Nonmajor Activities - Resources Recreation Sports Enterprise Internal Service Recovery Programs Center Fund Totals Funds ASSETS Current assets Cash and cash investments (Note 2) 6,184,319$ 1,796,544$ 3,000,252$ 542,501$ 11,523,616$ 9,237,571$ Accounts receivable 348,287 - 60 - 348,347 7,000 Total current assets 6,532,606 1,796,544 3,000,312 542,501 11,871,963 9,244,571 Noncurrent assets Capital assets (Note 5): Nondepreciable - - - - - 214,666 Depreciable, net of - accumulated depreciation 7,141 664,745 420,459 26,537 1,118,882 3,440,265 Total noncurrent assets 7,141 664,745 420,459 26,537 1,118,882 3,654,931 Total assets 6,539,747 2,461,289 3,420,771 569,038 12,990,845 12,899,502 DEFERRED OUTFLOWS OF RESOURCES Related to pension (Note 10) 223,874 186,269 127,822 59,756 597,721 571,758 Related to OPEB (Note 11) 58,740 41,283 48,184 8,121 156,328 185,869 Total deferred outflows of resources 282,614 227,552 176,006 67,877 754,049 757,627 LIABILITIES Current liabilities Accounts payable and accruals 168,295 299,334 9,420 29,702 506,751 344,061 Accrued payroll and benefits 289 - - - 289 72 Due to other funds (Note 4)- - - - - 539,204 Compensated absences (Note 1):22,630 20,661 8,348 404 52,043 29,530 Claims payable (Note 9)- - - - - 274,000 Unearned revenue - 234,845 278,669 23,085 536,599 - Total current liabilities 191,214 554,840 296,437 53,191 1,095,682 1,186,867 Noncurrent liabilities Compensated absences (Note 1) 135,436 123,656 49,963 2,420 311,475 256,644 Claims payable (Note 9) - - - - - 1,253,000 Net pension liability (Note 10) 1,074,514 889,060 612,730 275,605 2,851,909 2,757,848 Net OPEB liability (Note 11) 35,777 29,586 36,031 4,735 106,129 131,739 Total noncurrent liabilities 1,245,727 1,042,302 698,724 282,760 3,269,513 4,399,231 Total liabilities 1,436,941 1,597,142 995,161 335,951 4,365,195 5,586,098 DEFERRED INFLOWS OF RESOURCES Related to pension (Note 10) 19,154 15,159 11,863 5,170 51,346 51,898 Related to OPEB (Note 11) 32,598 20,677 16,556 4,696 74,527 59,686 Total deferred inflows of resources 51,752 35,836 28,419 9,866 125,873 111,584 NET POSITION (Note 7) Net investment in capital assets 7,141 664,745 420,459 26,537 1,118,882 3,654,931 Unrestricted 5,326,527 391,118 2,152,738 264,561 8,134,944 4,304,516 Total Net Position 5,333,668$ 1,055,863$ 2,573,197$ 291,098$ 9,253,826$ 7,959,447$ Business-type Activities - Enterprise Funds 69 CITY OF CUPERTINO, CALIFORNIA PROPRIETARY FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN NET POSITION For the year ended June 30, 2020 See accompanying notes to financial statements. 35. Governmental Cupertino Nonmajor Activities - Resources Recreation Sports Enterprise Internal Service Recovery Programs Center Fund Totals Funds Operating revenues Charges for services 1,796,908$ 1,525,850$ 2,099,163$ 305,525$ 5,727,446$ 4,495,541$ Other 24,769 62,726 266,504 32,687 386,686 - Total operating revenue 1,821,677 1,588,576 2,365,667 338,212 6,114,132 4,495,541 Operating expenses Salaries and benefits 746,414 896,130 641,910 159,143 2,443,597 3,543,748 Materials and supplies 225,510 1,150,435 433,912 172,317 1,982,174 1,913,950 Contractual services 1,238,166 883,232 1,753,699 326,168 4,201,265 274,224 Insurance and claims and premium - - - - - 702,266 Depreciation (Note 5) 3,314 211,428 54,382 6,035 275,159 969,469 Total operating expenses 2,213,404 3,141,225 2,883,903 663,663 8,902,195 7,403,657 Operating income (loss) (391,727) (1,552,649) (518,236) (325,451) (2,788,063) (2,908,116) Nonoperating revenues Investment Income 239,701 79,759 120,087 22,840 462,387 367,523 Gain on sale of capital assets - - - - - 76,863 Total nonoperating revenues 239,701 79,759 120,087 22,840 462,387 444,386 Income (loss) before transfers (152,026) (1,472,890) (398,149) (302,611) (2,325,676) (2,463,730) Transfers in (Note 4) - 690,000 2,223,000 610,000 3,523,000 3,573,000 Changes in net position (152,026) (782,890) 1,824,851 307,389 1,197,324 1,109,270 Net position - beginning of year 5,485,694 1,838,753 748,346 (16,291) 8,056,502 6,850,177 Net position - end of year 5,333,668$ 1,055,863$ 2,573,197$ 291,098$ 9,253,826$ 7,959,447$ Business-type Activities - Enterprise Funds 70 CITY OF CUPERTINO, CALIFORNIA PROPRIETARY FUNDS STATEMENT CASH FLOWS For the year ended June 30, 2020 See accompanying notes to financial statements. 36. Governmental Cupertino Nonmajor Activities - Resources Recreation Sports Enterprise Internal Service Recovery Programs Center Fund Totals Funds Cash flows from operating activities Cash received from customers 1,713,201$ 1,177,069$ 2,240,151$ 345,135$ 5,475,556$ 4,488,541$ Cash payments to suppliers for goods and services (1,305,571) (1,857,210) (2,401,221) (481,458) (6,045,460) (2,079,815) Cash payments to employees for salaries and benefits (636,988) (808,137) (581,640) (185,719) (2,212,484) (3,203,921) Cash payments for judgment and claims - - - - - (728,543) Net cash provided (used) by operating activities (229,358) (1,488,278) (742,710) (322,042) (2,782,388) (1,523,738) Cash flows from noncapital financing activities Transfers in - 690,000 2,223,000 610,000 3,523,000 3,701,660 Cash flows from noncapital financing activities - 690,000 2,223,000 610,000 3,523,000 3,701,660 Cash flows from capital and related financing activities Acquisition of capital assets - - (75,297) - (75,297) (941,206) Sale of capital assets - - - - - 76,863 Cash flows from capital and related - - (75,297) - (75,297) (864,343) financing activities Cash Flows from investing activities Interest received 239,701 79,759 120,087 22,840 462,387 367,523 Cash flows from investing activities 239,701 79,759 120,087 22,840 462,387 367,523 Net cash flows 10,343 (718,519) 1,525,080 310,798 1,127,702 1,681,102 Cash and investments at beginning of year 6,173,976 2,515,063 1,475,172 231,703 10,395,914 7,556,469 Cash and investments at end of year 6,184,319$ 1,796,544$ 3,000,252$ 542,501$ 11,523,616$ 9,237,571$ Reconciliation of operating income (loss) to to net cash provided by operating activities: Operating income (loss)(391,727)$ (1,552,649)$ (518,236)$ (325,451)$ (2,788,063)$ (2,908,116)$ Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation 3,314 211,428 54,382 6,035 275,159 969,469$ Change in assets, deferred outflows of resources, liabilities and deferred inflows of resources Accounts receivable (108,476) 95,858 - - (12,618) (7,000) Due to retirement system 87,751 83,519 58,727 21,431 251,428 280,530 Due to OPEB system (6,952) (4,886) (5,703) (961) (18,502) (21,996) Accounts payable and accruals 158,105 176,457 (213,610) 17,027 137,979 108,359 Unearned revenue - (507,365) (125,516) 6,923 (625,958) - Compensated absences 28,627 9,360 7,246 (47,046) (1,813) 81,293 Claims payable - - - - - (26,277) Net cash provided (used) by operating activities (229,358)$ (1,488,278)$ (742,710)$ (322,042)$ (2,782,388)$ (1,523,738)$ Business-type Activities - Enterprise Funds 71 FIDUCIARY FUND 37. Fiduciary funds account for activities where the City holds related resources in trust for specific purposes but cannot claim the resources with those that belong to the City. Other Post-Employment Benefits Trust Fund: This fund accounts for activity related the City’s OPEB plan administered through a qualified trust. 72 CITY OF CUPERTINO, CALIFORNIA FIDUCIARY FUND STATEMENT OF FIDUCIARY NET POSITION June 30, 2020 See accompanying notes to financial statements. 38. Other Post- Employment Benefits Trust Fund ASSETS Cash and equivalents 910,970$ Investments: Mutual funds: Fixed income 18,088,348 Equity 9,519,169 Real estate 851,762 Total assets 29,370,249 LIABILITIES - NET POSITION Restricted for post-employment benefits other than pensions 29,370,249$ 73 CITY OF CUPERTINO, CALIFORNIA FIDUCIARY FUND STATEMENT OF CHANGES IN FIDUCIARY NET POSITION For the year ended June 30, 2020 See accompanying notes to financial statements. 39. Other Post- Employment Benefits Trust Fund ADDITIONS Employer contributions 1,140,063$ Investment income: Net decrease in fair value of investments (410,344) Interest and dividends 683,065 Less investment expense (53,326) Total additions 1,359,458 DEDUCTIONS Benefit payments 1,140,063 Administrative expense 67,381 Total deductions 1,207,444 Change in net position 152,014 Net position - beginning of year 29,218,235 Net position - end of year 29,370,249$ 74 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 40. NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 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. Fire services are provided by the Santa Clara County Fire District, and the City contracts with the Santa Clara County Sheriff’s 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 City's blended component unit entity 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 City's operations and so data from this unit is combined with the City. Blended Component Unit: 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 solely 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 Corporation does not issue separate financial statements, since it is reported separately in the City's basic financial statements. Fiduciary Component Unit: 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 functions for the benefit of the employees. The City funds all PARS Trust costs based on actuarial valuations for its specific portion of the PARS Trust as opposed to the PARS Trust as a whole. Effective July 1, 2016, the City reported in its fiduciary fund financial statements the PARS Trust that pertains to the City as well as OPEB benefit payments of the Plan initiated by the City but reimbursed to the PARS Trust are required to be recognized under applicable standards due to a change in the reporting entity. With the implementation of GASB Statement 74, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, the City reviewed the PARS Trust separately issued financial statements and determined that inclusion of the City OPEB Plan component unit financial statements and related disclosures as a City trust fund were necessary as omission would have been misleading. Measurement Focus, Basis of Accounting and Basis of Presentation: The City's 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. Government-wide Statements: The Statement of Net Position 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 and 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. 75 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 41. NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 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 City's governmental activities. Expenses include direct and indirect types. Direct expenses are those that are specifically 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 Position eliminates interfund balances between governmental funds and interfund balances between proprietary funds. Fund Financial Statements: The fund financial statements provide information about the City's funds, including fiduciary funds and blended component units. Separate statements for each fund category — governmental, proprietary, and fiduciary — 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 City's 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 (plus deferred outflows), liabilities (plus deferred inflows), revenues or expenditures in excess of 10 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. 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 Transportation Special Revenue Fund accounts for the City's gas tax, vehicle registration fees 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 expenses. Management considers this fund qualitatively major and has elected to present this fund as such, even if mathematically it does not qualify per applicable GASB requirements.  The Housing Development Special Revenue Fund accounts for the Federal Housing and Community Development Grant 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 program's rules. 76 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 42. NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)  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.  Capital Improvement Projects Capital Projects Fund Accounts for activities related to the acquisition or construction of major capital facilities. The City reports the following 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 Recreation Programs Fund accounts for activities of the City's community centers and park facilities.  The Cupertino Sports Center Fund accounts for activities of the City’s sports center facility. The City also reports the following fund types:  Internal Service Funds. These funds account for workers' compensation, management information systems maintenance and replacement, equipment maintenance and replacement, retiree health costs, accrued leave payouts, and long-term disability coverage which are provided to other departments on a cost-reimbursement basis.  Fiduciary Fund. The City’s Other Post-Employment Benefits (OPEB) Trust fund is established in accordance with GASB Statement No. 74 for the defined benefit OPEB plan administered though trusts that meet the specified criteria. Basis of Accounting: The government-wide, proprietary and fiduciary 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. 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 unavailable revenues are based on the modified accrual measure. 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. 77 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 43. NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 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 City's 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 a deferred inflow 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. 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 City's legal level of budgetary control is at the functional level for the general fund and at the fund level for other funds. The City Manager is responsible for controlling the City's 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. The Traffic Impact Fund does not have a legally adopted budget. During the fiscal year, expenditures exceeded appropriations as follows: Excess of Expenditures Fund/Department Over Appropriations Public Facilities Corporation Debt Service Fund $ 1,499 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, except for money market mutual funds which are reported at amortized cost. 78 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 44. NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Capital Assets: Capital assets are recorded at cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at their estimated acquisition 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. Depreciation is recorded using the straight-line method over the following useful lives: Buildings 15 – 25 years Improvements 10 – 15 years Vehicles 4 – 10 years Street equipment 3 – 20 years Water equipment 3 – 50 years Office equipment 3 – 5 years Road, curbs, gutters, sidewalks, medians and bridges 30 – 40 years Streetlights 20 years Storm drain structure and mains 40 years Traffic signals 20 years 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. 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 workers' compensation and long-term disability, and other claims and judgments are recorded in the General Fund or enterprise funds, as appropriate. Compensated Absences: Compensated absences comprise vested accumulated vacation and sick leave. The City's 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 "permanently liquidated," 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 Position. 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, using the Compensated Absences and Long-Term Disability internal service fund to account for termination payouts. 79 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 45. NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) The changes in compensated absences for the year ended June 30, 2020 were as follows: Governmental Business-Type Activities Activities Total Beginning balance $ 4,750,470 $ 365,331 $ 5,115,801 Additions 982,983 45,758 1,028,741 Reductions (585,661) (47,571) (633,232) Ending balance $ 5,147,792 $ 363,518 $ 5,511,310 Current portion $ 531,203 $ 52,043 $ 583,246 Non-current portion $ 4,616,589 $ 311,475 $ 4,928,064 Deferred Outflows/Inflows of Resources: In addition to assets, the statement of financial position or balance sheet reports a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position or fund balance that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The City reports differences between expected and actual experience, changes in pension and OPEB assumptions, loss on pension and OPEB investments, and contributions made subsequent to the measurement date as well. Differences between expected and actual experience and changes in pension and OPEB plan assumptions are deferred and amortized over the average of the expected remaining service lives of employees who are provided with benefits through the pension and OPEB plans. Loss on pension and OPEB investments are deferred and amortized over five years. Employer contributions made subsequent to the measurement date and change in proportionate share are deferred and recognized as a reduction of the net pension and net OPEB liability in the subsequent reporting year. In addition to liabilities, the statement of financial position or balance sheet reports a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position or fund balance that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. Under the accrual basis of accounting differences between expected and actual experience are deferred and amortized over the average of the expected remaining service lives of all employees who are provided with benefits through the pension and OPEB plans. 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 and become delinquent after 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 "Teeter Plan"). Under this method, the City receives 100 percent of its secured property tax levied in exchange for foregoing any interest and penalties collected on delinquent taxes. The City receives remittances as a series of advances made by the County during the year. 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. 80 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 46. NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Statement of Cash Flows: For purposes of reporting cash flows for the City's 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. 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. 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. Implementation of Governmental Accounting Standards Board (GASB) Pronouncements: Management adopted the provisions of the following Governmental Accounting Standards Board (GASB) Statements, which became effective during the year ended June 30, 2018. In May 2020, the GASB issued Statement 95, Postponement of the Effective Dates of Certain Authoritative Guidance. This Statement postpones the effective date of certain pending GASB pronouncements and implementation guides due to the impacts of the COVID-19 pandemic. The requirements of this Statement are effective immediately. As such, the City has implemented this standard for its fiscal year ended June 30, 2020, and has postponed the implementation of certain future standards to comply with this standard. Fair Value Measurements: Fair value is defined as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The fair value hierarchy categorizes the inputs to valuation techniques used to measure fair value into three levels based on the extent to which inputs used in measuring fair value are observable in the market: Level 1 inputs are quoted prices (unadjusted) in active markets for identical assets or liabilities. Level 2 inputs are inputs — other than quoted prices included within level 1 — that are observable for an asset or liability, either directly or indirectly. Level 3 inputs are unobservable inputs for an asset or liability. If the fair value of an asset or liability is measured using inputs from more than one level of the fair value hierarchy, the measurement is considered to be based on the lowest priority level input that is significant to the entire measurement. 81 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 47. NOTE 2 – CASH AND INVESTMENTS Primary Government: The City's 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 type's portion of this pool is displayed on the Statement of Net Position and the balance sheet as "cash and investments." Policies: California Law requires banks and savings and loan institutions to pledge government securities with a market value of 110 percent of the City's cash on deposit, or first trust deed mortgage notes with a market value of 150 percent 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 City's 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 City's investments are carried at fair value with the exception of money market mutual funds, which are carried at amortized cost. 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. Classification: The City's total cash and investments, at fair value, are presented on the financial statements in the following allocation: Primary Government Cash and investments $ 159,131,152 Restricted cash and investments: Held by fiscal agent for pension 12,725,224 Held by fiscal agent for bond repayments 4,362,317 Total cash and investments $ 176,218,693 82 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 48. NOTE 2 – CASH AND INVESTMENTS (Continued) Authorized Investments by the City: The City's 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 City's 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 Issuer U.S. Treasury Obligations 5 years N/A None None U.S. Agency Securities * 5 years N/A None None California Local Agency Investment Fund (LAIF) N/A N/A Up to $65 million None Non-negotiable Certificates of Deposits (time deposits) 5 years N/A 30%*** 10% of portfolio; 5% of issuer’s net worth ** State of California registered state warrants, treasury notes, or bonds 5 years N/A None None California local agency bonds, notes, warrants, or other obligations 5 years N/A None None Bond issued by the local agency 5 years N/A None None Bankers' Acceptances 180 days N/A 40% None Commercial Paper 270 days A-1+P-1 25% 10% of portfolio; 5% of issuer’s net worth; 10% of outstanding paper of Issuer. ** Negotiable Certificates of Deposit 5 years N/A 30% 10% of portfolio; 5% of issuer’s net worth. ** Repurchase Agreements 1 year N/A None 10% of portfolio; 5% of issuer’s net worth. ** Medium Term Corporate Notes 5 years A or better 30% 10% of portfolio; 5% of issuer’s net worth. ** Money market mutual funds investing in U.S. Treasury, Government Agency securities or repurchase agreements collateralized by U.S. Treasury or Government Agency securities 5 years Aaa/AAA 20% None Supranationals 5 years AA or better 30% 10% of portfolio * 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 (FHLB), the Federal National Mortgage Association (FNMA), the Student Loan Marketing Association (SLMA), and the Federal Home Loan Mortgage Association (FHLMC). ** Represents restriction in which the City's investment policy is more restrictive than the California Government Code. *** 30% maximum percent of portfolio if using a private sector entity to assist in the placement of the time deposits. No maximum for others. 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 City's Investment Policy allows investments of bond proceeds to be governed by 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: 83 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 49. NOTE 2 – CASH AND INVESTMENTS (Continued) Minimum Maximum Maximum Credit Percentage of Authorized Investment Type Maturity Quality Portfolio Cash or obligations of the U.S. including U.S. Treasury obligations N/A N/A None Federal agencies obligations which represent full faith and credit of the U.S. N/A N/A None Direct federal agencies obligations which are not fully guaranteed by the full faith and credit of the U.S. N/A N/A None U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks 360 days P-1, A-1+, A-1 None 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 prior to maturity or as to which irrevocable instructions have been Highest given to call on the date specified in the notice N/A rating category None Municipal obligations or General obligations of states N/A Aaa, AAA, A2, A None California Local Agency Investment Fund (LAIF) N/A N/A Up to $65 million Shares in a California common law trust established pursuant to Title 1, Division 7, Chapter 5 of the California Government Code which invests exclusively in investments permitted by Section 53635 of Title 5, Division 2, Chapter of the California Government Code, as it may be amended. N/A N/A None Interest Rate Risk: Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. Information about the sensitivity of the fair values of the City's investments (including investments held by bond trustees) to market interest rate fluctuations is provided by the following table that shows the distribution of the City's investments by maturity or earliest call date: 12 Months 13 to More than Investment Type or less 24 Months 24 Months Total U.S. Treasury Securities 2,418,852$ 8,202,760$ 17,421,510$ 28,043,122$ U.S. Agency Notes Federal Home Loan Mortgage Corporation - 1,550,010 6,140,693 7,690,703 Federal National Mortgage Association 2,211,506 - 11,717,112 13,928,618 Federal Home Loan Banks - 2,049,600 7,034,330 9,083,930 Federal Farm Credit Banks - 1,370,527 4,334,280 5,704,807 Corporate Notes 2,891,546 2,047,960 23,953,184 28,892,690 Local Agency Investment Fund 20,824,714 - - 20,824,714 Municipal Bonds - - 805,487 805,487 Asset Backed Securities - - 10,358,047 10,358,047 Collateralized Mortgage Obligations - - 3,237,400 3,237,400 Money Market Mutual Funds 6,630,849 - - 6,630,849 Total investments 34,977,467$ 15,220,857$ 85,002,043$ 135,200,367 Cash in banks and on hand 28,293,102 Restricted for Pension (PARS) 12,725,224 Total cash and investments 176,218,693$ 84 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 50. NOTE 2 – CASH AND INVESTMENTS (Continued) 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 LAIF's 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 191 days. Money market mutual funds are available for withdrawal on demand. At June 30, 2020, money market mutual funds, used for pooled investment and held by fiscal agent purposes, had a weighted average maturity of 46 days or less. Fair Value Hierarchy: The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure fair value of the assets. Level 1 inputs are quoted prices in an active market for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 inputs are significant unobservable inputs. The following is a summary of the fair value hierarchy of the fair value of investments of the City as of June 30, 2020: Investments by Fair Value Level Level 1 Level 2 Total U.S. Treasury Securities -$ 28,043,122$ 28,043,122$ U.S. Agency Notes Federal Home Loan Mortgage Corporation - 7,690,703 7,690,703 Federal National Mortgage Association - 13,928,618 13,928,618 Federal Home Loan Banks - 9,083,930 9,083,930 Federal Farm Credit Banks - 5,704,807 5,704,807 Corporate Notes - 28,892,690 28,892,690 Municipal Bonds - 805,487 805,487 Asset Backed Securities - 10,358,047 10,358,047 Collateralized Mortgage Obligations - 3,237,400 3,237,400 Total investments -$ 107,744,804$ 107,744,804 Investments Measured at Amortized Cost: Money Market Mutual Funds 6,630,849 Investments Exempt from Fair Value Hierarchy: Local Agency Investment Fund 20,824,714 Cash in banks and on hand 28,293,102 Investments Held in Trust: Restricted for Pension (PARS) 12,725,224 Total cash and investments 176,218,693$ 85 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 51. NOTE 2 – CASH AND INVESTMENTS (Continued) Investments classified in Level 1 of the fair value hierarchy include securities valued using quoted prices in active markets. Federal Agency Securities and other U.S. Treasury Securities, classified in Level 2 of the fair value hierarchy are valued using matrix pricing techniques maintained by various pricing vendors. Matrix pricing is used to value securities based on the securities' relationship to benchmark quoted prices. Fair value is defined as the quoted market value on the last trading day of the period. These prices are obtained from various pricing sources by the custodian bank. The California Local Agency Investment Fund (LAIF) is valued using factors provided in the Pooled Money Investment Account (PMIA) Performance Report by the State Treasurer’s Office. Money market funds and negotiable certificates of deposit are exempt from fair value measurement and are reported at amortized cost. 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, 2020 for each investment type, including those with fiscal agents, as provided by Moody's ratings: Investment Type Ratings Total Money Market Mutual Funds Aaa 6,630,849$ Corporate Notes A1 28,892,690 U.S. Agency Notes Federal Home Loan Mortgage Corporation Aaa 7,690,703 Federal National Mortgage Association Aaa 13,928,618 Federal Home Loan Banks Aaa 9,083,930 Federal Farm Credit Banks Aaa 5,704,807 Municipal Bonds Aa2 805,487 Asset Backed Securities Aaa 10,358,047 Collateralized Mortgage Obligations Aaa 3,237,400 U.S. Treasury Securities Aaa 28,043,122 Not rated: Local Agency Investment Fund Not Rated 20,824,714 Total investments 135,200,367$ Concentration of Credit Risk: The City's 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 had the following investments that represent five percent or more of total City-wide investments: Issuer Investment Type Amount Federal Home Loan Mortgage Corporation (FHLMC) U.S. Agency Notes $ 7,690,703 Federal Home Loan Banks (FHLB) U.S. Agency Notes 9,083,930 Federal National Mortgage Association (FNMA) U.S. Agency Notes 13,928,618 86 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 52. NOTE 2 – CASH AND INVESTMENTS (Continued) OPEB Trust: The OPEB Trust's pooled idle funds are invested pursuant to investment policy guidelines adopted by the Plan. 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 Plan maintains a cash and investment pool that is available for use only by the plan and not any other City funds. Policies: California Law requires banks and savings and loan institutions to pledge government securities with a market value of 110 percent of the Plan's cash on deposit, or first trust deed mortgage notes with a market value of 150 percent 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 Plans name and places the Plan ahead of general creditors of the institution. The Plan and its fiscal agent 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 Plan are held in safekeeping by a third party custodian acting as agent for the City under the terms of a custody agreement. The Plan's investments are carried at fair value with the exception of money market mutual funds which are carried at amortized cost. The Plan 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. Classification: The Plan's total cash and investments, at fair value, are presented on the fiduciary fund financial statements. Authorized Investments: The Plan's Investment Policy and the California Government Code allow the Plan 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. Specifics of the policy are: Fixed Income Assets - The fixed income investments are to maintain intermediate-term average weighted duration, between three-seven years. At the time of purchase, no single fixed income issuer shall exceed two percent of the total market value of the Portfolio, with the exception of U.S. Treasury or Agency obligations. The direct high-yield portion shall constitute no more than 10 percent of the total market value of the Portfolio. Equity & Growth Assets - The domestic equity investments are expected to be diversified at all times by size, industry, sector, and style (Large Cap, Mid Cap, and Small Cap). At the time of purchase, no individual equity security shall exceed two percent of the total market value of the Portfolio. The international equity investments (including emerging markets) shall constitute no more than 20 percent of the total market value of the Portfolio. The real estate investments shall be captured through the use of diversified mutual funds or ETFs investing in REITs; and shall constitute no more than 15 percent of the total market value of the Portfolio. The commodities investments shall be captured through the use of diversified mutual funds or ETFs; and shall constitute no more than 10 percent of the total market value of the Portfolio. 87 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 53. NOTE 2 – CASH AND INVESTMENTS (Continued) Permitted Asset Classes and Security Types  Fixed Income & Cash Equivalent Investments: • Domestic Certificates of Deposit (rated A-1/P-1 or better) • Domestic Commercial Paper (rated A-1/P-1 or better) • Floating Rate Notes • Money Market Mutual Funds • U.S. Treasury Bonds, Bills and Notes • U.S. Agency (and Instrumentality) Discount Notes, Notes, and Bonds • Treasury Inflation-Protected Securities (TIPS) • Municipal Bonds and Notes • Corporate Bonds • Mortgage-Backed Bonds (MBS) • Asset-Backed Bonds (ABS) • High-Yield Bonds (rated B-/B3 or better) • Dollar denominated Foreign Bonds and Notes • Bond Mutual Funds  Equity Investments: • Common & Preferred Stocks • American Depository Receipts (ADRs) • Domestic and International Equity Mutual Funds (Open and Closed) • Emerging Market Equity Funds or Exchange Traded Funds (ETFs)  Alternative Investments: • Commodities Mutual Funds or Exchange Traded Notes (ETNs) • REIT Investment or Pooled Strategy or Fund of REITs • Registered Hedge Funds or Hedge Fund of Funds 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. All of the Plan’s investments are held in mutual fund securities with a maturity of less than 12 months. Money market mutual funds are available for withdrawal on demand. At June 30, 2020, money market mutual funds, used for investment and held by fiscal agent purposes, had a weighted average maturity of 43 days or less. Fair Value Hierarchy: The Plan categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure fair value of the assets. Level 1 inputs are quoted prices in an active market for identical assets; Level 2 inputs are significant other observable inputs; and Level 3 inputs are significant unobservable inputs. The Plan’s investments in mutual funds are valued at fair value and are considered Level 1 investments. 88 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 54. NOTE 2 – CASH AND INVESTMENTS (Continued) 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. As the Plan is invested in mutual funds, there are no available credit risk ratings. Concentration of Credit Risk: The Plan's 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 Plan did not have investments that represent five percent or more of total Plan investments. NOTE 3 – LOANS RECEIVABLE 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, 2020, the balance remaining on the loan was $821,000. The loan was issued using resources in the Housing Development Fund and is considered governmental activities. 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, 2020, the balance on the loan was $168,661. The loan was issued using resources in the Housing Development Fund and is considered governmental activities. On September 11, 2017 the City loaned $3,672,000 to Stevens Creek, L.P., a California limited partnership. The note bears interest at three percent per annum for 55 years. After the completion of construction of the development, no later than April 30th of each calendar year, the Developer shall make repayments of the loan in an amount equal to the City loan percentage of the lenders’ share of residual receipts. The payments shall be credited first against accrued interest and then against outstanding principal of the loan, and shall be accompanied by the developer’s report of residual receipts. At June 30, 2020, the balance remaining on the loan was $3,672,000. The loan was issued using resources in the Housing Development Fund and is considered governmental activities. In addition to these loans, the City has $40,120 in housing and other loans receivable at June 30, 2020. These loans bear interest at three to six percent and are due by June 30, 2025. The loan was issued using resources in the Housing Development Fund and is considered governmental activities. 89 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 55. NOTE 4 – INTERFUND TRANSACTIONS Transfers between funds during the fiscal year ended June 30, 2020 were as follows: Fund Making Transfers Fund Receiving Transfers Amount Transferred General Fund Transportation Special Revenue Fund $ 221,000 (A) Public Financing Corporation Debt Service Fund 3,172,838 (B,D) Capital Improvement Projects Capital Projects Fund 20,705,438 (A) Non-major Governmental Funds 1,097,000 (C) Non-major Enterprise Funds 610,000 (D) Cupertino Sports Center Fund 948,000 (D) Recreation Programs Fund 565,000 (D) Internal Service Funds 3,573,000 (E) Capital Improvements Projects Capital Projects Fund General Fund 10,000,000 (A) Cupertino Sports Center Fund 1,275,000 (A) Recreation Programs Fund 125,000 (C) Non-major Governmental Funds General Fund 12,000 (F) Total Interfund Transfers $ 42,304,276 The reasons for these transfers are set forth below: (A) To fund capital projects. (B) For annual lease payment for 2012 Certificates of Participation debt service. (C) To support state-mandated activities including complaint response and enforcement programs. (D) Operating subsidy from General Fund. (E) To fund IT operations, personnel costs associated with staffing special project, and compensated absences and retiree health. (F) To fund purchase of trees Current Interfund Balances: Current interfund balances arise in the normal course of business and are expected to be repaid shortly after the end of the fiscal year. At June 30, 2020, the Equipment Revolving Internal Service Fund owed the General Fund $539,204. Interfund Advances: Interfund advances are balances between funds that are not expected to be repaid within the current fiscal year. As of June 30, 2020, the General Fund advanced $3,000,000 to the Capital Improvement Projects Capital Projects Fund for advance funding of planned projects that will be repaid in subsequent years. 90 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 56. NOTE 5 – CAPITAL ASSETS A summary of changes in governmental activities capital assets is as follows: Balance at Balance at July 1, 2019 Additions Deletions Transfers June 30, 2020 Governmental activities: Capital assets not being depreciated: Land 62,045,969$ -$ -$ -$ 62,045,969$ Easements 19,615,039 - - - 19,615,039 Construction in progress 3,556,011 11,317,866 (12,380) (9,546,327) 5,315,170 Total general government capital assets not being depreciated 85,217,019 11,317,866 (12,380) (9,546,327) 86,976,178 Capital assets being depreciated: Buildings 46,154,679 - - 53,248 46,207,927 Improvements other than buildings 57,704,166 - - 853,679 58,557,845 Machinery and equipment 3,705,886 - (26,038) 469,559 4,149,407 Roads, curbs, gutters, sidewalks, medians and bridges 170,021,047 - - 7,950,226 177,971,273 Streetlights 8,838,715 - - 219,615 9,058,330 Storm drain structure and mains 37,373,158 - - - 37,373,158 Traffic signals 6,418,246 - - - 6,418,246 Total capital assets being depreciated 330,215,897 - (26,038) 9,546,327 339,736,186 Less accumulated depreciation for: Buildings (28,431,668) (1,762,190) - - (30,193,858) Improvements other than buildings (38,792,488) (2,283,155) - - (41,075,643) Machinery and equipment (2,466,624) (355,065) 26,038 - (2,795,651) Roads, curbs, gutters, sidewalks, medians and bridges (107,849,619) (2,408,644) - - (110,258,263) Streetlights (7,350,244) (118,898) - - (7,469,142) Storm drain structure and mains (32,678,455) (431,927) - - (33,110,382) Traffic signals (5,575,962) (112,577) - - (5,688,539) Total accumulated depreciation (223,145,060) (7,472,456) 26,038 - (230,591,478) Total general government capital assets being depreciated, net 107,070,837 (7,472,456) - 9,546,327 109,144,708 Internal service fund capital assets: Capital assets not being depreciated: Construction in progress 10,045 941,206 - (736,585) 214,666 Total internal fund capital assets not being depreciated 10,045 941,206 - (736,585) 214,666 Capital assets being depreciated: Machinery and equipment 10,988,245 - (302,613) 736,585 11,422,217 Less accumulated depreciation (7,315,096) (969,469) 302,613 - (7,981,952) Total internal fund capital assets being depreciated, net 3,673,149 (969,469) - 736,585 3,440,265 Governmental activities capital assets, net 195,971,050$ 3,817,147$ (12,380)$ -$ 199,775,817$ 91 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 57. NOTE 5 – CAPITAL ASSETS (Continued) Balance at Balance at July 1, 2019 Additions Deletions Transfers June 30, 2020 Business-type activities: Capital assets not being depreciated: Construction in progress -$ 75,297$ -$ (75,297)$ -$ Total capital assets not being depreciated - 75,297 - (75,297) - Capital assets being depreciated: Buildings 1,006,002 - - - 1,006,002 Improvements other than buildings 2,089,743 - - - 2,089,743 Machinery and equipment 635,822 - - 75,297 711,119 Total capital assets being depreciated 3,731,567 - - 75,297 3,806,864 Less accumulated depreciation for: Buildings (371,575) (60,461) - - (432,036) Improvements other than buildings (1,461,742) (191,679) - - (1,653,421) Machinery and equipment (579,506) (23,019) - - (602,525) Total accumulated depreciation (2,412,823) (275,159) - - (2,687,982) Total capital assets being depreciated, net 1,318,744 (275,159) - 75,297 1,118,882 Business-type activity capital assets, net 1,318,744$ (199,862)$ -$ -$ 1,118,882$ 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: Governmental Activities Administration $ 183,075 Public and Environment Affairs 15,692 Administrative Services 28,395 Parks and Recreation 162,899 Public Works 7,082,395 Total $ 7,472,456 Depreciation expense was charged to the business-type activities as follows: Business-Type Activities Resources Recovery $ 3,314 Blackberry Farm 6,035 Cupertino Sports Center 54,382 Recreation Program 211,428 Total $ 275,159 92 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 58. NOTE 6 – LONG-TERM DEBT Cupertino Public Facilities Corporation Certificates of Participation: Original Balance Balance Issue June 30, June 30, Current Amount 2019 Retirements 2020 Portion 2012 Refinancing Certificates of Participation: 0.350-3.125%, due 07/01/2030 $ 43,940,000 $ 29,300,000 $ 2,290,000 $ 27,010,000 $ 2,355,000 Total long-term debt $ 29,300,000 $ 2,290,000 $ 27,010,000 $ 2,355,000 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 which represent the pledged revenues are scheduled to be sufficient in both time and amount, when the principal and interest of the certificates are due, which was the case for the year ended June 30, 2020. On May 9, 2012, $43,940,000 principal amount of 2012 Refinancing Certificates of Participation (2012 COPs) were issued to refund the 2002 COPs, to fund a reserve fund for the 2012 COPs, and pay costs incurred in connection with issuance. 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 $31,702,271 payable through July 1, 2030. For the year ended June 30, 2020, the bonds had $2,290,000 of principal and $882,837 interest due. Annual debt service requirements for the 2012 COPS are shown below: For the Year Governmental Activities Ending June 30 Principal Interest 2021 $ 2,355,000 $ 814,138 2022 2,425,000 743,486 2023 2,500,000 670,738 2024 2,575,000 595,738 2025 2,655,000 518,488 2026-2030 14,500,000 1,349,683 Total $ 27,010,000 $ 4,692,271 93 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 59. NOTE 7 – NET POSITION AND FUND BALANCES Net Position is measured on the full accrual basis while Fund Balance is measured on the modified accrual basis. Net Position: The government-wide and proprietary fund financial statements utilize a net position presentation. Net position is categorized as follows: Net investment in capital assets - This category groups all capital assets including, infrastructure, into one component of net position. 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. Restricted - This category represents net position that has 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. Unrestricted - This category represents net position of the City that do not meet the definition of "net investment in capital assets" or "restricted." Fund Balances: 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 - includes amounts that are (a) not in spendable form, or (b) legally or contractually required to be maintained intact. The "not in spendable form" criterion includes items that are not expected to be converted to cash, for example: prepaid items, property held for resale and long term notes receivable. Restricted Fund Balance - 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 - includes amounts that can only be used for the specific purposes determined by a formal action of the City's highest level of decision-making authority, the City Council. Commitments may be changed or lifted only by the City taking the same formal action (resolution) that imposed the constraint originally. Assigned Fund Balance - 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. Through the adopted budget, the City Council establishes assigned fund balance policy levels and also sets the means and priority for the City Manager to fund these levels. Unassigned Fund Balance - 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. 94 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 60. NOTE 7 – NET POSITION AND FUND BALANCES (Continued) Fund balances for all major and nonmajor governmental funds as of June 30, 2020, were distributed as follows: Public Capital Other Housing Facilities Improvements Governmental General Transportation Development Corporation Projects Funds Total Nonspendable: Loans receivable 449,341$ -$ -$ -$ -$ -$ 449,341$ Advances to other funds 3,000,000 - - - - - 3,000,000 Subtotal 3,449,341 - - - - - 3,449,341 Restricted for: Public access television 1,368,789 - - - - - 1,368,789 Debt service 13,193 - - 1,685,872 - - 1,699,065 PRSP Section 115 Trust 12,725,224 - - - - - 12,725,224 Public safety power shutoff 217,551 - - - - - 217,551 Storm drain system - - - - - 3,994,007 3,994,007 Parks and open space - - - - - 12,345,423 12,345,423 Environmental management - - - - - 1,780,980 1,780,980 Streets and road projects - 5,174,514 - - - 241,119 5,415,633 Housing programs - - 8,459,128 - - - 8,459,128 Subtotal 14,324,757 5,174,514 8,459,128 1,685,872 - 18,361,529 48,005,800 Committed for: Economic uncertainty I 19,000,000 - - - - - 19,000,000 Sustainability Reserve 127,891 - - - - - 127,891 Subtotal 19,127,891 - - - - - 19,127,891 Assigned to: Encumbrances 3,176,882 - - - - - 3,176,882 Capital projects - - - - 40,354,087 197,044 40,551,131 Subtotal 3,176,882 - - - 40,354,087 197,044 43,728,013 Unassigned 34,426,942 - - - - - 34,426,942 Total 74,505,813$ 5,174,514$ 8,459,128$ 1,685,872$ 40,354,087$ 18,558,573$ 148,737,987$ NOTE 8 – COMMITMENTS AND CONTINGENCIES 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, 2020, 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. 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. 95 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 61. NOTE 8 – COMMITMENTS AND CONTINGENCIES (Continued) As of June 30, 2020, the City had the following encumbrances outstanding: Governmental Funds: General Fund $ 3,176,882 Transportation Special Revenue Fund 486,221 Housing Development Special Revenue Fund 10,318 Capital Improvements Projects Capital Projects Fund 1,697,733 Other Governmental Funds 93,459 Total Encumbrances $ 5,464,613 Lease Agreement with County of Santa Clara: The City has an agreement (commitment), expired in 2019 but still being honored, to lease a building to the County of Santa Clara for the purpose of providing library service to the City's residents. The lease requires a minimum annual payment of $120,000 adjusted for Cupertino's portion of book circulation and increase of assessed valuation. This is an operating lease with a renewable option. The City is currently negotiating the terms with the Santa Clara County Library District JPA to renew the operating lease. At June 30, 2020, the cost and carrying value of the building which opened in October 2004, is $21,952,133 and $8,060,185 respectively, with $13,891,948 in accumulated depreciation. Consulting Agreement for Sales Taxes: The City entered into agreements (commitments) 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. These agreements qualify as tax abatements under the provisions of GASB Statement 77. However, due to legal restrictions per the California Revenue and Taxation Code, Section 7056, additional disclosures cannot be provided. Santa Clara County Vehicle Registration Fee (VRF): The City is required to report VRF revenues, expenditures and fund balances as of the year ended June 30, 2020: VRF Balance as of July 1, 2019 $ - VRF Revenue 401,249 VRF Interest - VRF Expended 401,249 VRF Balance as of June 30, 2020 $ - NOTE 9 – LIABILITIES UNDER SELF-INSURANCE AND RISK MANAGEMENT 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 City's participation in the Association of Bay Area Governments Pooled Liability Assurance Network (ABAG PLAN). The risk pool consists of 30 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 paid 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 City's claims experience and risk exposure. For the year ended June 30, 2020, the City paid ABAG PLAN premiums of $14,150. 96 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 62. NOTE 9 – LIABILITIES UNDER SELF-INSURANCE AND RISK MANAGEMENT (Continued) Workers' Compensation Liability: The City belongs to the CSAC Excess Insurance Authority (EIA), a joint power authority which provides excess workers' compensation liability claims coverage above the City's 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 financial statements for ETA may be obtained from their offices at the following address: CSAC Excess Insurance Authority, Finance Department, EIA 75 Iron Point Circle, Suite 200, Folsom, CA 95630. For the year ended June 30, 2020, the City paid premiums of $104,514. It is the City's practice to obtain biennial actuarial studies for the self-insured workers' compensation liability. The claims liabilities included in the workers' 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 percent, annual rate of return of two percent, claim severity increase at 2.5 percent were assumed. In the current year, management used actuarial estimates based on a 90 percent confidence level. Settlements have not exceeded insurance coverage in the past three years. Changes in the balances of workers' compensation and general claims liabilities during the years ended June 30 are as follows: 2020 2019 Claims liability, beginning of year $ 1,553,277 $ 1,369,165 Incurred claims and changes in estimate 127,471 419,279 Claim payments and credits (153,478) (235,167) Total claims liability, end of year 1,527,000 1,553,277 Less current portion (274,000) (313,291) Non-current portion $ 1,253,000 $ 1,239,986 NOTE 10 – DEFINED BENEFIT PENSION PLAN Plan Descriptions and Summary of Balances by Plan: The City has one defined benefit pension plan. The Miscellaneous Plan (Plan) is an Agent-Multiple Employer Plan. Benefit provisions under the Plan is established by State statute and City Ordinance. All qualified permanent and probationary employees are eligible to participate in the Plan for which they are an eligible member based on their employment position with the City. The Plan is administered by the California Public Employees' Retirement System (CalPERS) which acts as a common investment and administrative agent for its participating member employers. CalPERS issues publicly available reports that include a full description of the pension plans regarding benefit provisions, assumptions and membership information that can be found on the CalPERS website. 97 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 63. NOTE 10 – DEFINED BENEFIT PENSION PLAN (Continued) For purposes of measuring the net pension liability and deferred outflows/inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the Miscellaneous Plan and additions to/deductions from the Plan's fiduciary net position have been determined on the same basis as they are reported by the CalPERS Financial Office. For this purpose, benefit payments (including refunds of employee contributions) are recognized when currently due and payable in accordance with the benefit terms. Investments are reported at fair value. Below is a summary of the deferred outflows of resources, net pension liabilities and deferred inflows of resources by Plan: Deferred Outflows Net Pension Deferred Inflows of Resources Liability of Resources Miscellaneous $ 9,647,619 $ 46,098,530 $ 825,047 Benefits Provided: CalPERS provides service retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. Benefits are based on years of credited service, equal to one year of full time employment. Members with five years of total service are eligible to retire at age 50 with statutorily reduced benefits. All members are eligible for non-duty disability benefits after 10 years of service. The cost of living adjustments for each plan are applied as specified by the Public Employees' Retirement Law. The Pension Reform Act of 2013 (PEPRA), Assembly Bill 340, is applicable to employees new to CalPERS and hired after December 31, 2012. The Plans' provisions and benefits in effect at June 30, 2020, are summarized as follows: Hire date Prior to On or after January 1, 2013 January 1, 2013 Benefit formula 2.7% @ 55 2.0% @ 62 Benefit vesting schedule 5 years service 5 years service Benefit payments monthly for life monthly for life Minimum retirement age 50 52 Monthly benefits, as a % of eligible compensation 2% to 2.7% 1% to 2% Required employee contribution rates 8.00% 6.25% Required employer contribution rates 23.54% 25.653% Employees Covered: As of the June 30, 2018 actuarial valuation date (most current), the following employees were covered by the benefit terms of the Plan: Inactive employees or beneficiaries currently receiving benefits 227 Inactive employees entitled to but not yet receiving benefits 139 Active employees 196 Total 562 Contributions: Section 20814(c) of the California Public Employees' Retirement Law requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. Funding contributions for both Plans are determined annually on an actuarial basis as of June 30 by CalPERS. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The City is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. 98 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 64. NOTE 10 – DEFINED BENEFIT PENSION PLAN (Continued) Net Pension Liability: The City's net pension liability for the Plan is measured as the total pension liability, less the pension plan's fiduciary net position. The net pension liability of the Plan is measured as of June 30, 2019, using an annual actuarial valuation as of June 30, 2018 rolled forward to June 30, 2019 using standard update procedures. A summary of principal assumptions and methods used to determine the net pension liability is shown below. Actuarial Assumptions: The total pension liabilities in the June 30, 2018 actuarial valuations were determined using the following actuarial assumptions: Valuation Date June 30, 2018 Measurement Date June 30, 2019 Actuarial Cost Method Entry-Age Normal Cost Method Actuarial Assumptions: Discount Rate 7.15% Inflation 2.50% Payroll Growth 3.00% Projected Salary Increase Varies by Entry Age and Service (1) Investment Rate of Return 7.375% (2) Derived using CaIPERS' Membership Mortality Data for all Funds (3) (1) Depending on age, service and type of employment (2) Net of pension plan investment expenses and administrative expenses, including inflation (3) The mortality table used was developed based on CaIPERS' specific data. The table includes 15 years of mortality improvements using Society of Actuaries Scale BB. For more details on this table, please refer to the CaIPERS 2017 experience study report available on CaIPERS website. All other actuarial assumptions used in the June 30, 2018 valuation were based on the results of a December 2017 actuarial experience study for the period 1997 to 2015, including updates to salary increase, mortality and retirement rates. Further details of the Experience Study can be found on the CaIPERS website under Forms and Publications. Change of Assumptions: None in 2019. Discount Rate: The discount rate used to measure the total pension liability was 7.15 percent for the Plan. To determine whether the municipal bond rate should be used in the calculation of a discount rate for each plan, CaIPERS stress tested plans that would most likely result in a discount rate that would be different from the actuarially assumed discount rate. Based on the testing, none of the tested plans run out of assets. Therefore, the current 7.15 percent discount rate is adequate and the use of the municipal bond rate calculation is not necessary. The long term expected discount rate of 7.15 percent will be applied to all plans in the Public Employees Retirement Fund (PERF). The stress test results are presented in a detailed report that can be obtained from the CalPERS website. The long-term expected rate of return on pension plan investments was determined using a building-block method in which best-estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. 99 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 65. NOTE 10 – DEFINED BENEFIT PENSION PLAN (Continued) In determining the long-term expected rate of return, CaIPERS took into account both short-term and long- term market return expectations as well as the expected pension fund cash flows. Using historical returns of all the funds' asset classes, expected compound returns were calculated over the short-term (first 10 years) and the long-term (11-60 years) using a building-block approach. Using the expected nominal returns for both short-term and long-term, the present value of benefits was calculated for each fund. The expected rate of return was set by calculating the single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equivalent to the single equivalent rate calculated above and rounded down to the nearest one quarter of one percent. Asset Class New Strategic Allocation Real Return Years 1 - 10(a) Real Return Years 11+(b) Global Equity 50.00% 4.80% 5.98% Fixed Income 28.00% 1.00% 2.62% Inflation Assets 0.00% 0.77% 1.81% Private Equity 8.00% 6.30% 7.23% Real Estate 13.00% 3.75% 4.93% Liquidity 1.00% 0.00% -0.92% Total 100.00% (a) An expected inflation of 2.00% used for this period. (b) An expected inflation of 2.92% used for this period. The table above reflects the long-term expected real rate of return by asset class. The rate of return was calculated using the capital market assumptions applied to determine the discount rate and asset allocation. These rates of return (presented as geometric means) are net of administrative expenses. Changes in Net Pension Liability: The changes in the Net Pension Liability for the City's Miscellaneous Plan are as follows: 100 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 66. NOTE 10 – DEFINED BENEFIT PENSION PLAN (Continued) Total Pension Liability Plan Fiduciary Net Position Net Pension Liability Balance at June 30, 2018 134,356,434$ 93,476,845$ 40,879,589$ Changes in the year: Service cost 3,324,361 - 3,324,361 Interest on the total pension liability 9,800,245 - 9,800,245 Change of Assumptions - - - Differences between actual and expected experience 4,144,384 - 4,144,384 Contribution - employer - 4,654,841 (4,654,841) Contribution - employee - 1,364,731 (1,364,731) Net investment income - 6,096,968 (6,096,968) Administrative expenses - (66,707) 66,707 Other miscellaneous income/(expenses) - 216 (216) Benefit payments, including refunds of employee contributions (6,193,271) (6,193,271) - Net changes 11,075,719 5,856,778 5,218,941 Balance at June 30, 2019 145,432,153$ 99,333,623$ 46,098,530$ Increase (Decrease) Sensitivity of the Net Pension Liability to Changes in the Discount Rate: The following presents the net pension liability of the City, calculated using the discount rate for the Plan, as well as what the City's net pension liability would be if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current rate: Miscellaneous 1% Decrease 6.15% Net Pension Liability $ 65,372,004 Current Discount Rate 7.15% Net Pension Liability $ 46,098,530 1% Increase 8.15% Net Pension Liability $ 30,149,053 Pension Plan Fiduciary Net Position: Detailed information about the Plan's fiduciary net position is available in the separately issued CalPERS financial reports. 101 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 67. NOTE 10 – DEFINED BENEFIT PENSION PLAN (Continued) Pension Expenses and Deferred Outflows/Inflows of Resources Related to Pensions: For the year ended June 30, 2020, the City recognized pension expense of $9,671,506. At June 30, 2020, the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Pension contributions subsequent to measurement date $ 5,308,577 $ - Differences between actual and expected experience 3,500,740 21,459 Changes in assumptions 838,302 363,260 Net differences between projected and actual earnings on plan investments - 440,328 Total $ 9,647,619 $ 825,047 The $5,308,577 of contributions for the fiscal year ended June 30, 2020 reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2021. Other amounts reported as deferred inflows of resources related to pensions will be recognized as pension expense as follows: Year Ended Annual June 30 Amortization 2020 $ 2,396,183 2021 438,453 2022 566,893 2023 112,466 $ 3,513,995 NOTE 11 – OTHER POST EMPLOYMENT BENEFITS (OPEB) Plan Description: Permanent employees who retire under the City's CaIPERS retirement plan are, pursuant to their 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 CaIPERS for this insured-benefit plan established under the state Public Employees' Medical and Hospital Care Act (PEMHCA). The plan offers employees and retirees three CalPERS' self- funded options, setup as insurance risk pools, or offers various third-party insured health plans. The plan's 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 City's contribution. Premiums and City contributions are based on the plan and coverage selected by actives and retirees, with the City's potential contribution ranging from zero to $1,605 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. 102 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 68. NOTE 11 – OTHER POST EMPLOYMENT BENEFITS (OPEB) (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 City Council adopted the PARS Public Agencies Post-Retirement Health Care Plan Trust, including the PARS Public Agencies Post-Retirement Health Care Plan, to fund medical insurance costs for its retired employees, effective February 17, 2010. The City Council appointed the City Treasurer, or his/her successor or his/her designee as the City’s plan administrator. The plan administrator is authorized to execute the PARS legal documents on behalf of the City and to take whatever additional actions necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s PARS Plan. 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 is available at the City's Finance Department. However, as the City is the plan administrator and has ultimate responsibility for the plan, the City considered the plan to be a single employer plan with PARS as the trust administrator only (with no special funding situation or nonemployer contributing entity). As such, in accordance with the requirements of GASB Statement 74, Financial Reporting for Post Employment Benefit Plans Other Than Pension Pans , the City has elected to present the PARS Trust as a fiduciary fund and include the required disclosures and required supplementary information in its annual financial statements. 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 CaIPERS retirement system; and the employee retires from the City of Cupertino. In addition, the eligible employee's 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 City's medical and dental plans provided that they pay the premiums in full. Plan membership: At January 1, 2019 (the latest information available), Plan membership consisted of the following: Inactive plan members or beneficiaries currently receiving benefit payments 138 Inactive plan members entitled to but not yet receiving benefit payments - Active plan members 176 314 Contributions: 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. Based on the actuarial valuation date of January 1, 2019, the annual required contribution rate is 7.41 percent of annual covered payroll. For the year ended June 30, 2020, the City paid $1,142,793 in healthcare premium payments. Plan members are not required to contribute to the plan. 103 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 69. NOTE 11 – OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) Net OPEB Liability of the City: The components of the net OPEB liability of the City at June 30, 2020 (expressed in thousands) were as follows: Total OPEB liability $ 31,338 Plan fiduciary net position 29,370 City's net OPEB liability $ 1,968 Plan fiduciary net position as a percentage of the total OPEB liability 93.72% Investment rate of return: The long-term expected rate of return on OPEB plan investments was determined using a building-block method in which best-estimate ranges of expected future real rates of return (expected returns, net of investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Best estimates of geometric real rates of return for each major asset class included in the target asset allocation as of June 30, 2020 (see the discussion of the Plan’s investment policy) are summarized in the following table: Long-Term Expected Asset Class Real Rate of Return Fixed income – core 1.52% Fixed income – high yield 3.96% Fixed income – inflation protected 1.96% Fixed income – hedged 2.59% Equities – domestic 5.85% Equities – developed foreign 7.42% Equities – emerging foreign 8.58% Real estate 4.17% Commodities 3.37% Cash 2.19% Investment policy: The Plan’s policy in regard to the allocation of invested assets is established and may be amended by the Plan’s Board by a majority vote of its members. It is the policy of the Plan Board to pursue an investment strategy that reduces risk through the prudent diversification of the portfolio across a broad selection of distinct asset classes. The Plan’s investment policy discourages the use of cash equivalents, except for liquidity purposes, and aims to refrain from dramatically shifting asset class allocations over short time spans. The following was the Board’s adopted asset allocation policy as of June 30, 2020: Asset Class Target Allocation Fixed income 29% Equities 62% Real estate 6% Commodities 2% Cash 1% Total 100% 104 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 70. NOTE 11 – OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) Concentrations: The Plan did not have investments outside of mutual funds that comprise five percent or more of the Plan’s total fiduciary net position. Rate of return: For the year ended June 30, 2020, the annual money-weighted rate of return on investments, net of investment expense, was 4.68 percent. The money-weighted rate of return expresses investment performance, net of investment expense, adjusted for the changing amounts actually invested. Actuarial assumptions: The total OPEB liability was determined by an actuarial valuation as of January 1, 2019, using the previously listed actuarial assumptions, applied to all periods included in the measurement, unless otherwise specified. Mortality rates were based on the CalPERS mortality assumptions. 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 calculations. The other significant actuarial assumptions used to prepare the City's January 1, 2019 actuarial valuation include the following: Valuation date: January 1, 2019 Measurement date: June 30, 2020 Actuarial Cost Method: Entry Age Normal Amortization Method: Level percent of pay closed Amortization Period: 10 year Asset Valuation Method: Market value Actuarial Assumptions: Discount Rate 6.50% Payroll Growth 3.00% Ultimate Rate of Medical Inflation 4.50% Mortality (1) CalPERS mortality assumptions Health Care Trend The annual cost of healthcare is expected to decrease from 7.0% in 2019 to 4.5% from 2076 and later. (1) 2017 CalPERS Experience Study, Recipients with attained age of 50 Discount rate: The discount rate used to measure the total OPEB liability was 6.5 percent. The projection of cash flows used to determine the discount rate assumed that City contributions will be made at rates equal to the actuarially determined contribution rates. Based on those assumptions, the OPEB plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on OPEB plan investments was applied to all periods of projected benefit payments to determine the total OPEB liability. 105 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 71. NOTE 11 – OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) Changes in the Net OPEB Liability: The changes in the City’s net OPEB liability (asset) are (in thousands): Net Increase (Decrease) Total OPEB Plan Fiduciary Net OPEB Liability Net Position Liability (Asset) Balance at July 1, 2019 $ 28,073,000 $ 29,218,000 $ (1,145,000) Changes in the year Service cost 1,009 - 1,009 Interest on the total OPEB liability 1,985 - 1,985 Change of assumpsions 1,761 - 1,761 Differences between actual and expected experience - - - Contribution – employer - 1,490 1,490 Contribution – employee - - - Net investment income - 273 273 Adminsitrative expenses - (121) (121) Benefit payments, including refunds of Employee contributions (1,490) (1,490) - Net changes 3,265 152 3,113 Balance at June 30, 2020 $ 31,338 $ 29,370 $ 1,968 Sensitivity of the net OPEB liability (asset) to changes in the discount rate: The following presents the net OPEB asset of the City, as well as what the City’s net OPEB liability would be if it were calculated using a discount rate that is one-percentage-point lower (6.0 percent) or one-percentage-point higher (8.0 percent) than the current discount rate (expressed in thousands): 1% Current 1% Decrease Discount Rate Increase 5.50% 6.50% 7.50% City of Cupertino’s net OPEB liability (asset) for the plan $ 6,040 $ 1,968 $ (1,396) Sensitivity of the net OPEB liability (asset( to changes in the healthcare cost trend rates: The following presents the net OPEB asset of the City, as well as what the City’s net OPEB liability would be if it were calculated using healthcare cost trend rates that are one-percentage-point lower (decreasing to 3.5 percent) or one-percentage-point higher (increasing to 5.5 percent) than the current healthcare cost trend rates (expressed in thousands): Current 1% Healthcare Cost 1% Decrease Trend Rate Increase City of Cupertino’s net OPEB liability (asset) for the plan $ (1,772) $ 1,968 $ 6,571 106 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 72. NOTE 11 – OTHER POST EMPLOYMENT BENEFITS (OPEB) (Continued) OPEB Expense and Deferred Inflows of Resources Related to OPEB: For the year ended June 30, 2020, the City recognized OPEB expense of $392,000. At June 30, 2020, the City reported deferred inflows of resources related to OPEB from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Net difference between projected and actual earnings on investments $ 1,337 $ - Differences between expected and actual experience - 1,085 Changes in assumption 1,409 22 $ 2,746 $ 1,107 Amounts reported as deferred inflows of resources related to OPEB will be recognized as OPEB expense as follows: Year Ended Deferred Inflows June 30 of Resources 2021 $ 92 2022 364 2023 478 2024 705 Total $ 1,639 NOTE 12 – CONCENTRATION RISK The City has an economic dependency on revenues generated directly or indirectly from one company. For the year ended June 30, 2020, more than 10 percent of the City General Fund's total revenues are derived from the company. The City's operations would be adversely impacted if there are any significant declines in taxes received from the company. NOTE 13 – UPCOMING GASB PRONOUCEMENTS In January 2017, the GASB issued Statement 84, Fiduciary Activities. The objective of this Statement is to improve guidance regarding the identification of fiduciary activities for accounting and financial reporting purposes and how those activities should be reported. This Statement establishes criteria for identifying fiduciary activities of all state and local governments. The focus of the criteria generally is on (1) whether a government is controlling the assets of the fiduciary activity and (2) the beneficiaries with whom a fiduciary relationship exists. Separate criteria are included to identify fiduciary component units and postemployment benefit arrangements that are fiduciary activities. This Statement is now effective for the City’s fiscal year ended June 30, 2021 due to the postponement impacts of GASB Statement 95. Management has not determined what impact, if any, this statement will have on its financial statements. 107 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 73. NOTE 13 – UPCOMING GASB PRONOUCEMENTS (Continued) In June 2017, the GASB issued Statement 87, Leases. The objective of this Statement is to better meet the information needs of financial statement users by improving accounting and financial reporting for leases by governments. This Statement increases the usefulness of governments’ financial statements by requiring recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. This Statement is now effective for the City’s fiscal year ended June 30, 2022 due to the postponement impacts of GASB Statement 95. Management has not determined what impact, if any, this statement will have on its financial statements. In June 2018, the GASB issued Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction Period. The objectives of this Statement are (1) to enhance the relevance and comparability of information about capital assets and the cost of borrowing for a reporting period and (2) to simplify accounting for interest cost incurred before the end of a construction period. This Statement establishes accounting requirements for interest cost incurred before the end of a construction period. This Statement is now effective for the City’s fiscal year ended June 30, 2022 due to the postponement impacts of GASB Statement 95. Management has not determined what impact, if any, this statement will have on its financial statements.” In August 2018, the GASB issued Statement No. 90, Majority Equity Interests—an amendment of GASB Statements No. 14 and No. 61. The primary objectives of this Statement are to improve the consistency and comparability of reporting a government’s majority equity interest in a legally separate organization and to improve the relevance of financial statement information for certain component units. It defines a majority equity interest and specifies that a majority equity interest in a legally separate organization should be reported as an investment if a government’s holding of the equity interest meets the definition of an investment. This Statement also requires that a component unit in which a government has a 100 percent equity interest account for its assets, deferred outflows of resources, liabilities, and deferred inflows of resources at acquisition value at the date the government acquired a 100 percent equity interest in the component unit. This Statement is effective for the City’s fiscal year ended June 30, 2020. Management has not determined what impact, if any, this statement will have on its financial statements. In May 2019, the GASB issued Statement No. 91, Conduit Debt Obligations. The primary objectives of this Statement are to provide a single method of reporting conduit debt obligations by issuers and eliminate diversity in practice associated with (1) commitments extended by issuers, (2) arrangements associated with conduit debt obligations, and (3) related note disclosures. This Statement achieves those objectives by clarifying the existing definition of a conduit debt obligation; establishing that a conduit debt obligation is not a liability of the issuer; establishing standards for accounting and financial reporting of additional commitments and voluntary commitments extended by issuers and arrangements associated with conduit debt obligations; and improving required note disclosures. This Statement is effective for the City’s fiscal year ended June 30, 2022. Management has not determined what impact, if any, this statement will have on its financial statements. In January 2020, GASB issued Statement No. 92, Omnibus 2020. The primary objectives of this Statement are to enhance comparability in accounting and financial reporting and improve the consistency of authoritative literature by addressing practice issues that have been identified during implementation and application of certain GASB statements. Upon the City’s adoption of GASB Statement No 95, effective date for the Statement was delayed for the City until their fiscal year ended June 30, 2022. Management has not yet determined the impact of this statement on the City’s financial statements. 108 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 74. NOTE 13 – UPCOMING GASB PRONOUCEMENTS (Continued) In March 2020, GASB issued Statement No. 93, Replacement of Interbank Offered Rates. The primary objectives of this Statement is to address those and other accounting and financial reporting implications that result from the replacement of an IBOR. Upon the City’s adoption of GASB Statement No 95, effective date for the Statement was delayed for the City until their fiscal year ended June 30, 2022. Management has not yet determined the impact of this statement on the City’s financial statements. In March 2020, GASB issued Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangements. The primary objectives of this Statement is improve financial reporting by addressing issues related to public-private and public-public partnership arrangements. This Statement also provides guidance for accounting and financial reporting for availability payments arrangements. The requirements of this Statement are effective for the City’s fiscal year ended June 30, 2023. Management has not yet determined the impact of this statement on the City’s financial statements. In May 2020, GASB issued Statement No. 96, Subscription-Based Information Technology Arrangements. This Statement provides guidance on the accounting and financial reporting for subscription-based information technology arrangements (SBITAs) for government end users (governments). This Statement (1) defines a SBITA; (2) establishes that a SBITA results in a right-to-use subscription asset—an intangible asset—and a corresponding subscription liability; (3) provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA; and (4) requires note disclosures regarding a SBITA. The requirements of this Statement are effective for the City’s fiscal year ended June 30, 2023. Management has not yet determined the impact of this statement on the City’s financial statements. In June 2020, GASB issued Statement No. 97, Certain Component Unit Criteria, and Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans . The primary objectives of this Statement are to (1) increase consistency and comparability related to the reporting of fiduciary component units in circumstances in which a potential component unit does not have a governing board and the primary government performs the duties that a governing board typically would perform; (2) mitigate costs associated with the reporting of certain defined contribution pension plans, defined contribution other postemployment benefit (OPEB) plans, and employee benefit plans other than pension plans or OPEB plans (other employee benefit plans) as fiduciary component units in fiduciary fund financial statements; and (3) enhance the relevance, consistency, and comparability of the accounting and financial reporting for Internal Revenue Code (IRC) Section 457 deferred compensation plans (Section 457 plans) that meet the definition of a pension plan and for benefits provided through those plans. The requirements of this Statement are effective for the City’s fiscal year ended June 30, 2022. Management has not yet determined the impact of this statement on the City’s financial statements. NOTE 14 – COVID-19 IMPACT The spread of the novel strain of coronavirus called SARS‐CoV‐2 that causes the disease known as COVID‐ 19 (“COVID‐19”), and local, state and federal actions in response to COVID‐19, are having a significant impact on the economy and on the City’s operations and finances. In response to the increasing number of cases of COVID‐19 and fatalities, health officials and experts are recommending, and some governments are mandating, a variety of responses ranging from travel bans and social distancing practices, to complete shutdowns of certain services and facilities. On March 4, 2020, as part of the State’s response to address the outbreak, the Governor declared a state of emergency. On March 13, President Donald Trump declared a national emergency, freeing up funding for federal assistance to state and local governments. On March 19, 2020, the Governor issued Executive Order N‐33‐20, a mandatory statewide shelter‐in‐place order applicable to all nonessential services. 109 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 (Continued) 75. NOTE 14 – COVID-19 IMPACT (Continued) In May 2020, the Governor outlined a phased approach to re‐opening businesses in California. As a result of State and local actions taken to slow the spread of COVID‐19, a number of businesses have had to close and other businesses, such as restaurants, have been permitted to stay open subject to certain conditions. These circumstances, among other market factors, have led to increased unemployment since the beginning of the COVID‐19 outbreak in the United States. In addition to increased unemployment, financial markets in the United States and globally have been volatile, with significant declines attributed to coronavirus concerns. On July 13, 2020, the Governor issued another order requiring all counties within the State to close indoor operations in certain sectors, including dine‐in restaurants, wineries and tasting rooms, movie theatres, family entertainment centers, zoos and museums and cardrooms. The Governor’s July 13, 2020 order also required certain counties on the Governor’s Monitoring List, which as of August 17, 2020 included Santa Clara County, to shut down additional industries and activities, including gyms and fitness centers, places of worship and cultural ceremonies (such as wedding and funerals), offices for non‐critical infrastructure sectors, personal care services (such as nail salons, body waxing and tattoo parlors) and shopping malls. On August 28, 2020, the State released further guidance regarding re‐opening certain types of businesses based on a county‐by‐county approach where each county is assigned a tier based on COVID‐19 case rates within each County. Based on the initial assessment from the State, Santa Clara County is in the “Widespread” tier as of September 4, 2020. For counties in the “Widespread” tier, certain non‐essential indoor businesses are required to remain closed. Consistent with the state‐wide loosening of certain restrictions, however, certain indoor business operations in the County, including hair salons and barbershops, shopping malls, retail businesses, and grocery stores, may reopen subject to certain operating capacity and other restrictions. While the effects of COVID‐19 may be temporary, the outbreak and governmental actions responsive to it are altering the behavior of businesses and people in a manner that is having significant negative impacts on global and local economies. In addition, stock markets in the U.S. and globally have seen significant declines attributed to coronavirus concerns. CalPERS has reportedly lost significant value in its investments as a result of declines in the stock market and elsewhere, which could result in a significant increase in the City’s unfunded pension liability and future pension costs, commencing in Fiscal Year 2022‐23. The outbreak has resulted in increased pressure on State finances, as budgetary resources are directed towards containing the pandemic and tax revenues sharply decline. Identified cases of COVID‐19 and deaths attributable to the COVID‐19 outbreak are continuing to increase throughout the United States, including the City. The COVID‐19 outbreak is expected to result in material declines in major General Fund revenues. In addition, Governor Newsom extended the deadline to file and pay first quarter sales and use tax returns by 90 16 days for all but the very largest taxpayers, and up to 361,000 California businesses with less than $5 million in taxable annual sales will be allowed to defer up to $50,000 in sales tax and enter into 12‐month payment plans at zero interest. This will result in delays in the receipt by the City of its portion of the delayed payments. In response to the pandemic, the City has taken actions to activate its emergency operations center, temporarily close all non‐essential City services, introduce teleworking as and where appropriate, and abide by all federal, state, and regional orders. The City actively monitors the COVID‐19 situation in the community and acts swiftly to issue additional emergency orders to mitigate both the spread of the virus and economic impacts to the community. 110 CITY OF CUPERTINO, CALIFORNIA NOTES TO BASIC FINANCIAL STATEMENTS For the year ended June 30, 2020 76. NOTE 14 – COVID-19 IMPACT (Continued) Since the onset of the COVID‐19 pandemic, the County Health Officer has issued a series of orders regulating activities throughout the County, including within the City. The County’s orders are more strict in certain respects than federal guidelines and state orders related to COVID‐19. The most recent order, issued July 2, 2020, continues to urge all County residents to stay home as much as possible, requires workers to do their jobs from home whenever possible, and prohibits indoor dining and bars, but permits certain indoor gatherings (up to 20 people) and outdoor gatherings (up to 60 people). In an effort to assist residential tenants and small business commercial tenants, the County temporarily banned evictions for non‐payment of rent or no‐fault evictions when the tenant has suffered a substantial loss of income and/or substantial out‐of‐pocket medical expense due to the COVID‐19 pandemic. The County's eviction moratorium expired August 31, 2020. Based on the County’s evaluation of the State’s August 31, 2020 statewide eviction and foreclosure protections, the County may extend or revise its legislation. The City has also taken certain measures to protect and mitigate impacts to the public and businesses in the community, including adoption of emergency orders requiring individuals to wear a face covering when they need to leave their home to work or obtain essential goods and services; allowing outdoor dining and retail services with a special permit; adoption of an urgency ordinance to extend certain permit deadlines and requirements; offering loans and grants to income‐qualified Cupertino residents to assist with residential rental payments; and establishing a small business emergency relief grant program . The City is considering orders to waive sign fees and permit requirements for retail and restaurant “open for business” signs. As a result of COVID‐19, the City forecasts a budget deficit of $2.8 million in Fiscal Year 2020‐21. The City has also identified significant unfunded needs in its Capital Improvement Program (CIP), including substantial investments in the City’s capital infrastructure. In response, the City has already implemented several budget balancing strategies, including: reduced recreation programming; hiring freeze, with limited exceptions; furloughing approximately 65% of temporary staffing, approximately 80 positions; limiting travel and training; and reducing various other expenditure categories including materials, contracts, contingencies, and special projects. Additional measures that the City is considering include: continue to reduce recreation programming; reduce library hours and/or programming; longer planning, code enforcement, and public safety response times; fewer community events and grants; reduced or deferred capital infrastructure maintenance; reduced administrative staff and continued evaluation of staffing needs. On March 27, Congress passed and the President signed the $2.2 trillion Coronavirus Aid, Relief, and Economic Stabilization Act (“CARES Act”) that provides, among other measures, $150 billion in financial assistance to states, tribal governments and local governments to provide emergency assistance to those most significantly impacted by COVID‐19. The City expects to receive approximately $735,259 in CARES Act funds through the State by the end of calendar year 2020. NOTE 15 – SUBSEQUENT EVENT On September 29, 2020, the City’s 2020A Certificates of Participation (2020 COPs) were successfully sold in order to refund the City’s 2012 Certificates of Participation for debt service savings. The refunding generated net present value savings of approximately $3.14 million, 11.61% of refunded par and a True Interest Cost of 0.72%. Savings to the City’s General Fund amounts to approximately $494,000 per year for the next 10 years, or almost $5 million in total savings. 111 REQUIRED SUPPLEMENTARY INFORMATION (UNAUDITED) 112 CITY OF CUPERTINO, CALIFORNIA SCHEDULE OF CHANGES IN THE NET PENSION LIABILITY AND RELATED RATIOS For the year ended June 30, 2020 77. Measurement Date 6/30/2014 6/30/2015 6/30/2016 6/30/2017 6/30/2018 Total Pension Liability Service Cost 2,504,228$ 2,444,939$ 2,525,314$ 2,895,549$ 3,058,629$ Interest 7,349,943 7,789,134 8,253,983 8,619,588 9,065,322 Changes of benefit terms - - - - - Differences between expected and actual experience - 372,917 696,347 (182,397) 1,184,340 Changes in assumptions - (1,883,633) - 7,125,558 (847,606) Benefit payments, including refunds of employee contributions (4,351,614) (4,637,005) (5,151,298) (5,346,890) (6,051,845) Net change in total pension liability 5,502,557 4,086,352 6,324,346 13,111,408 6,408,840 Total pension liability - beginning 98,922,931 104,425,488 108,511,840 114,836,186 127,947,594 Total pension liability - ending (a)104,425,488$ 108,511,840$ 114,836,186$ 127,947,594$ 134,356,434$ Plan fiduciary net position Contributions - employer 2,891,986$ 3,301,642$ 3,659,170$ 4,183,822$ 4,263,020$ Contributions - employee 1,061,884 1,149,894 1,169,921 1,236,052 1,506,888 Net investment income 11,379,985 1,724,204 466,704 8,749,288 7,347,936 Benefit payments, including refunds of employee contributions (4,351,614) (4,637,005) (5,151,298) (5,346,890) (6,051,845) Administrative expense - (87,780) (47,536) (115,304) (392,346) Net change in plan fiduciary net position 10,982,241 1,450,955 96,961 8,706,968 6,673,653 Plan fiduciary net position - beginning 65,566,067 76,548,308 77,999,263 78,096,224 86,803,192 Plan fiduciary net position - ending (b)76,548,308$ 77,999,263$ 78,096,224$ 86,803,192$ 93,476,845$ Net pension liability - ending (a)-(b) 27,877,180$ 30,512,577$ 36,739,962$ 41,144,402$ 40,879,589$ Plan fiduciary net position as a percentage of the total pension liability 73.30% 71.88% 68.01% 67.84% 69.57% Covered payroll 13,080,327$ 13,504,966$ 14,336,969$ 15,595,136$ 16,809,349$ Net pension liability as percentage of covered payroll 213.12% 225.94% 256.26% 263.83% 243.20% Notes to Schedule: * - Fiscal year 2015 was the 1st year of implementation, therefore only five years are shown. Source: CalPERS Accounting Valuation Agent Multiple Employer Defined Benefit Retirement Plan - Miscellaneous Plan Last 10 years* Benefit changes. The figures above do not include any liability impact that may have resulted from plan changes which occurred after the actuarial valuation date. This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes). Changes in assumptions. In 2018, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and Review of Actuarial Assumptions from December 2017. In 2017, the accounting discount rate reduced from 7.65 percent to 7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrative expense.) In 2014, amounts reported were based on the 7.5 percent discount rate. 113 CITY OF CUPERTINO, CALIFORNIA SCHEDULE OF CONTRIBUTIONS - PENSION For the year ended June 30, 2020 78. Agent Multiple Employer Defined Benefit Retirement Plan - Miscellaneous Plan Last 10 Years* 2015 2016 2017 2018 2019 Actuarially determined contribution 3,608,853$ 3,659,170$ 4,183,821$ 4,263,020$ 4,634,414$ Contributions in relation to the actuarially determined contributions (3,608,853) (3,659,170) (4,183,821) (4,263,020) (4,634,414) Contribution deficiency (excess) -$ -$ -$ -$ -$ Covered payroll 13,504,966$ 14,336,969$ 15,595,136$ 16,809,349$ 19,664,057$ Contributions as a percentage of covered payroll 26.72% 25.52% 26.83% 25.36% 23.57% Notes to Schedule Valuation date: 6/30/2013 6/30/2014 6/30/2015 6/30/2016 6/30/2017 Methods and assumptions used to determine contribution rates: Actuarial cost method Entry age Amortization method Level percentage of payroll, closed Remaining amortization period 19 Years as of the Valuation Date Asset valuation method 15 Year Smoothed Market Inflation 2.75% Salary increases 3% Investment rate of return Retirement age Mortality * - Fiscal year 2015 was the 1st year of implementation, therefore only five years are shown. Source: City of Cupertino's general ledger and CalPERS Actuarial Valuation Notes to Schedule: * - Fiscal year 2015 was the 1st year of implementation, therefore only three years are shown. Source: CalPERS Accounting Valuation 7.50% Net of Pension Plan The probabilities of Retirement are based on the 2017 CalPERS Experience Study for the period from 1997 to 2015. The probabilities of mortality are based on the 2017 CalPERS Experience Study for the period from 1997 to 2015. Pre-retirement and Post-retirement mortality rates include 20 years of projected mortality improvement using Scale BB published by the Society of Actuaries. Benefit changes. The figures above do not include any liability impact that may have resulted from plan changes which occurred after the actuarial valuation date. This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes). Changes in assumptions. 2018, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and Review of Actuarial Assumptions from December 2017. In 2017, the accounting discount rate reduced from 7.65 percent to 7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrative expense.) In 2014, amounts reported were based on the 7.5 percent discount rate. 114 CITY OF CUPERTINO, CALIFORNIA SCHEDULE OF CHANGES IN THE NET OPEB LIABILITY AND RELATED RATIOS For the year ended June 30, 2020 79. Single Employer Defined Benefit OPEB Plan Last 10 years* Expressed in thousands 6/30/2017 6/30/2018 6/30/2019 Total OPEB liability Service cost 908$ 1,008$ 865$ Interest 1,781 1,876 2,005 Changes of benefit terms - - - Differences between expected and actual experience - - (1,808) Changes of assumptions - - (37) Benefit payments (1,333) (1,419) (1,423) Net change in total OPEB liability 1,356 1,465 (398) Total OPEB liability - beginning 25,650 27,006 28,471 Total OPEB liability - ending (a)27,006$ 28,471$ 28,073$ Plan fiduciary net position Contributions - employer 1,333 1,419 1,423 Net investment income 2,960 2,365 1,259 Benefit payments (1,333) (1,419) (1,423) Administrative expense (49) (54) (97) Net change in fiduciary net position 2,911 2,311 1,162 Plan fiduciary net position - beginning 22,834 25,745 28,056 Plan fiduciary net position - ending (b)25,745$ 28,056$ 29,218$ Net OPEB liability (asset) - ending (a-b) 1,261$ 415$ (1,145)$ Plan fiduciary net position as a percentage of the total OPEB liability 95.33% 98.54% 104.08% Covered payroll 17,255$ 19,153$ 20,086$ Net OPEB liability (asset) as a percentage of covered payroll 7.31% 2.17% -5.70% Notes to schedule: * - Fiscal year 2017 was the 1st year of implementation, therefore only three years are shown. 115 CITY OF CUPERTINO, CALIFORNIA SCHEDULE OF CONTRIBUTIONS - OPEB For the year ended June 30, 2020 80. Single Employer Defined OPEB Plan Last 10 years* Expressed in thousands 6/30/2017 6/30/2018 6/30/2019 Actuarially determined contribution 1,117$ 1,362$ 1,300$ Contributions in relation to the actuarially determined contributions 1,333 1,419 1,423 Contribution deficiency (excess) (216)$ (57)$ (123)$ Covered payroll 17,255$ 19,153$ 20,086$ Contributions as a percentage of covered payroll 7.73% 7.41% 7.08% Notes to schedule: * - Fiscal year 2017 was the 1st year of implementation, therefore only three years are shown. Valuation Date 1/1/2019 Methods and assumptions used to determine contribution rates: Actuarial cost method Entry age Amortization method Level percentage of pay, closed Remaining amortization period 12 years as of the valuation date Asset valuation method Fair value of assets Discount rate 7.00% Amortization growth rate 3.00% Ultimate rate of medical inflation 4.50% Salary increases Mortality CalPERS mortality assumptions 3.00% plus merit component based on years of service 116 CITY OF CUPERTINO, CALIFORNIA SCHEDULE OF INVESTMENT RETURNS - OPEB For the year ended June 30, 2020 81. Single Employer Defined OPEB Plan Last 10 years* June 30 June 30 June 30 2018 2019 2020 Annual money-weighted return, net of investment expense 8.31% 6.32% 4.68% Notes to schedule * - Fiscal year 2017 was the 1st year of implementation, therefore only three years are shown. 117 MAJOR GOVERNMENTAL FUNDS OTHER THAN THE GENERAL FUND AND SPECIAL REVENUE FUNDS 82. 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. The Capital Projects Funds are budgeted on a major project length basis and therefore not comparable on an annual basis. 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. 118 CITY OF CUPERTINO, CALIFORNIA PUBLIC FACILITIES CORPORATION DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL For the year ended June 30, 2020 83. Variance Final Positive Budget Actual (Negative) Revenues Use of money and property -$ 26,612$ 26,612$ Total revenues - 26,612 26,612 Expenditures Administration - 1,500 (1,500) Debt service: Principal 2,290,000 2,290,000 - Interest and fiscal charges 882,838 882,837 1 Total expenditures 3,172,838 3,174,337 (1,499) Excess (deficiency) of revenues over expenditures (3,172,838) (3,147,725) 25,113 Other financing sources (uses) Transfers in 3,172,838 3,172,838 - Total other financing sources (uses) 3,172,838 3,172,838 - Net change in fund balance -$ 25,113 25,113$ Beginning fund balance 1,660,759 Ending fund balance 1,685,872$ 119 NON-MAJOR GOVERNMENTAL FUNDS 84. All funds not considered as major funds on the Fund Financial Statements are consolidated in one column entitled "Other Governmental Funds." These non-major funds are identified and included in this supplementary section and includes the City's 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 City's General Plan. Revenues of this fund are restricted for the acquisition, improvement, expansion and implementation of the City's 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. Traffic Impact – Accounts for development impact fees and related that ensure that new development and redevelopment projects pay their “fair share” to mitigate traffic impacts. Capital Projects Funds account for the financial resources committed to the construction or improvement of major facilities. Stevens Creek Corridor Park Capital Projects Fund — Accounts for the design and construction of the Stevens Creek Corridor Park projects. 120 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR GOVERNMENTAL FUNDS COMBINING BALANCE SHEET June 30, 2020 85. Total Storm Environmental Nonmajor Drain Park Management/ Traffic Stevens Creek Governmental Improvement Dedication Clean Creeks Impact Corridor Park Funds Assets Cash and investments 3,994,007$ 12,339,423$ 1,746,290$ 241,119$ 197,044$ 18,517,883$ Accounts receivable - 6,000 43,349 - - 49,349 Total assets 3,994,007$ 12,345,423$ 1,789,639$ 241,119$ 197,044$ 18,567,232$ Liabilities Accounts payable and accruals -$ -$ 8,659$ -$ -$ 8,659$ Total liabilities - - 8,659 - - 8,659 Fund balances Restricted 3,994,007 12,345,423 1,780,980 241,119 - 18,361,529 Assigned - - - - 197,044 197,044 Total fund balances 3,994,007 12,345,423 1,780,980 241,119 197,044 18,558,573 Total liabilities and fund balances 3,994,007$ 12,345,423$ 1,789,639$ 241,119$ 197,044$ 18,567,232$ Fund Capital Projects Special Revenue Funds 121 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR GOVERNMENTAL FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES For the year ended June 30, 2020 86. Fund Total Storm Environmental Nonmajor Drain Park Management/ Traffic Stevens Creek Governmental Improvement Dedication Clean Creeks Impact Corridor Park Funds Revenues Taxes 87,233$ 246,000$ -$ -$ -$ 333,233$ Use of money and property 152,484 473,382 57,035 8,947 4,098 695,946 Charges for services - 899 1,403,738 34,588 - 1,439,225 Fines and forfeitures - - 16,175 - - 16,175 Total revenues 239,717 720,281 1,476,948 43,535 4,098 2,484,579 Expenditures Current: Public works - - 774,805 - - 774,805 Capital outlay 4,000 51,035 - - 9,240 64,275 Total expenditures 4,000 51,035 774,805 - 9,240 839,080 Excess of revenues over (under) expenditures 235,717 669,246 702,143 43,535 (5,142) 1,645,499 Other finances sources (uses) Transfers in 437,000 - 660,000 - - 1,097,000 Transfers out - (12,000) - - - (12,000) Total other financing sources (uses) 437,000 (12,000) 660,000 - - 1,085,000 Net change in fund balances 672,717 657,246 1,362,143 43,535 (5,142) 2,730,499 Beginning fund balances 3,321,290 11,688,177 418,837 197,584 202,186 15,828,074 Ending fund balances 3,994,007$ 12,345,423$ 1,780,980$ 241,119$ 197,044$ 18,558,573$ Special Revenue Funds Capital Projects 122 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR GOVERNMENTAL FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL For the year ended June 30, 2020 (Continued) 87. Variance Original Final Positive Budget Budget Actual (Negative) Revenues Taxes 74,741$ 74,741$ 87,233$ 12,492$ Use of money and property - - 152,484 152,484 Charges for services - - - - Fines for forfeitures - - - - Other revenue - - - - Total revenues 74,741 74,741 239,717 164,976 Expenditures Current: Public works - - - - Capital outlay - 88,828 4,000 84,828 Total expenditures - 88,828 4,000 84,828 Excess (deficiency) of revenues over expenditures 74,741 (14,087) 235,717 249,804 Other financing sources (uses) Transfers in 437,000 437,000 437,000 - Transfers (out) - - - - Total other financing sources (uses) 437,000 437,000 437,000 - Net change in fund balance 511,741$ 422,913$ 672,717 249,804$ Beginning fund balance 3,321,290 Ending fund balance 3,994,007$ Storm Drain Improvement Special Revenue Funds 123 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR GOVERNMENTAL FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL For the year ended June 30, 2020 (Continued) 88. Variance Original Final Positive Budget Budget Actual (Negative) Revenues Taxes 375,663$ 375,663$ 246,000$ (129,663)$ Use of money and property - - 473,382 473,382 Charges for services 21,045 21,045 899 (20,146) Fines for forfeitures - - - - Other revenue - - - - Total revenues 396,708 396,708 720,281 323,573 Expenditures Current: Public works - - - - Capital outlay - 51,395 51,035 360 Total expenditures - 51,395 51,035 360 Excess (deficiency) of revenues over expenditures 396,708 345,313 669,246 323,933 Other financing sources (uses) Transfers in - - - - Transfers (out) 12,000 12,000 (12,000) - Total other financing sources (uses) 12,000 12,000 (12,000) - Net change in fund balance 408,708$ 357,313$ 657,246 323,933$ Beginning fund balance 11,688,177 Ending fund balance 12,345,423$ Park Dedication Special Revenue Funds 124 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR GOVERNMENTAL FUNDS COMBINING SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES – BUDGET AND ACTUAL For the year ended June 30, 2020 89. Variance Original Final Positive Budget Budget Actual (Negative) Revenues Taxes -$ -$ -$ -$ Use of money and property 900 900 57,035 56,135 Charges for services 370,000 370,000 1,403,738 1,033,738 Fines for forfeitures 10,000 10,000 16,175 6,175 Other revenue - - - - Total revenues 380,900 380,900 1,476,948 1,096,048 Expenditures Current: Public works 743,278 905,483 774,805 130,678 Capital outlay - - - - Total expenditures 743,278 905,483 774,805 130,678 Excess (deficiency) of revenues over expenditures (362,378) (524,583) 702,143 1,226,726 Other financing sources (uses) Transfers in 660,000 660,000 660,000 - Total other financing sources (uses) 660,000 660,000 660,000 - Net change in fund balance 297,622$ 135,417$ 1,362,143 1,226,726$ Beginning fund balance 418,837 Ending fund balance 1,780,980$ Environmental Management/Clean Creeks Special Revenue Funds 125 NON-MAJOR ENTERPRISE FUND 90. 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 fund below as a nonmajor proprietary fund for fiscal 2019-20. Blackberry Farm Fund: This fund accounts for activities related to operating the City-owned golf course. 126 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR ENTERPRISE FUND COMBINING STATEMENT OF NET POSITION For the year ended June 30, 2020 91. Blackberry Farm ASSETS Current assets Cash and cash investments (Note 2) 542,501$ Total current assets 542,501 Noncurrent assets Capital assets (Note 5): Depreciable, net of accumulated depreciation 26,537 Total non current assets 26,537 Total assets 569,038 DEFERRED OUTFLOWS OF RESOURCES Related to pension (Note 10) 59,756 Related to OPEB (Note 11) 8,121 Total deferred outflows of resources 67,877 LIABILITIES Current liabilities Accounts payable and accruals 29,702 Compensated absences (Note 1) 404 Unearned revenue 23,085 Total current liabilities 53,191 Noncurrent liabilities Compensated absences (Note 1) 2,420 Net pension liability (Note 10) 275,605 Net OPEB liability (Note 11) 4,735 Total noncurrent liabilities 282,760 Total liabilities 335,951 DEFERRED INFLOWS OF RESOURCES Related to pension (Note 10) 5,170 Related to OPEB (Note 11) 4,696 Total deferred inflows of resources 9,866 NET POSITION (Note 7) Net investment in capital assets 26,537 Unrestricted 264,561 Total Net Position 291,098$ 127 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR ENTERPRISE FUND COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION For the year ended June 30, 2020 92. Blackberry Farm Operating revenues Charges for services 305,525$ Other 32,687 Total operating revenue 338,212 Operating expenses Salaries and benefits 159,143 Materials and supplies 172,317 Contractual services 326,168 Depreciation (Note 5) 6,035 Total operating expenses 663,663 Operating income (loss) (325,451) Nonoperating revenues Investment income 22,840 Total nonoperating revenues 22,840 Income (loss) before transfers (302,611) Transfers in (Note 4) 610,000 Changes in net position 307,389 Net position - beginning of year (16,291) Net position - end of year 291,098$ 128 CITY OF CUPERTINO, CALIFORNIA NON-MAJOR ENTERPRISE FUND COMBINING STATEMENT CASH FLOWS For the year ended June 30, 2020 93. Blackberry Farm Cash flows from operating activities Cash received from customers 345,135$ Cash payments to suppliers for goods and services (481,458) Cash payments to employees for salaries and benefits (185,719) Net cash provided (used) by operating activities (322,042) Cash flows from noncapital financing activities Transfers in 610,000 Cash flows from noncapital financing activities 610,000 Cash Flows from Investing Activities Interest received 22,840 Cash flows from investing activities 22,840 Net cash flows 310,798 Cash and investments at beginning of year 231,703 Cash and investments at end of year 542,501$ Reconciliation of operating income (loss) to to net cash provided by operating activities: Operating income (loss) (325,451)$ Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation 6,035 Change in assets, deferred outflows of resources, liabilities, and deferred inflows of resources Due to retirement system 21,431 Due to OPEB system (961) Accounts payable and accruals 17,027 Unearned revenue 6,923 Compensated absences (47,046) Net cash provided (used) by operating activities (322,042)$ 129 INTERNAL SERVICE FUNDS 94. 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 Position. 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 City's technology infrastructure. Workers' Compensation - Accounts for the activities in support of the self-insured workers' 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 City's long term disability insurance program. Retiree Medical - Accounts for funds set-aside for other post-employment retirement benefits. 130 CITY OF CUPERTINO, CALIFORNIA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF NET POSITION For the year ended June 30, 2020 95. Compensated Absences and Information Workers'Equipment Long-Term Retiree Technology Compensation Revolving Disability Medical Total ASSETS Current assets: Cash and investments 2,745,987$ 3,963,239$ -$ 1,193,551$ 1,334,794$ 9,237,571$ Accounts receivable - 7,000 - - - 7,000 Total current assets 2,745,987 3,970,239 - 1,193,551 1,334,794 9,244,571 Noncurrent assets: Capital assets (Note 5): Nondepreciable 79,434 - 135,232 - - 214,666 Capital assets, depreciable net of accumulated depreciation 875,799 - 2,564,466 - - 3,440,265 Total noncurrent assets 955,233 - 2,699,698 - - 3,654,931 Total assets 3,701,220 3,970,239 2,699,698 1,193,551 1,334,794 12,899,502 DEFERRED OUTFLOWS OF RESOURCES Related to pension (Note 10) 425,237 14,361 132,160 - - 571,758 Related to OPEB (Note 11) 139,122 2,705 44,042 - - 185,869 Total deferred outflows of resources 564,359 17,066 176,202 - - 757,627 LIABILITIES Current liabilities Accounts payable and accruals 232,090 - 97,688 14,283 - 344,061 Accrued payroll and benefits - - 72 - - 72 Due to other funds - - 539,204 - - 539,204 Compensated absences 24,882 935 3,713 - - 29,530 Claims payable - 274,000 - - - 274,000 Total current liabilities 256,972 274,935 640,677 14,283 - 1,186,867 Noncurrent liabilities Compensated absences 216,244 8,132 32,268 - - 256,644 Claims payable - 1,253,000 - - - 1,253,000 Net pension liability (Note 10) 2,085,457 64,724 607,667 - - 2,757,848 Net OPEB liability (Note 11) 95,151 2,547 34,041 - - 131,739 Total noncurrent liabilities 2,396,852 1,328,403 673,976 - - 4,399,231 Total liabilities 2,653,824 1,603,338 1,314,653 14,283 - 5,586,098 DEFERRED INFLOWS OF RESOURCES Related to pension (Note 10) 40,962 1,034 9,902 - - 51,898 Related to OPEB (Note 11) 41,534 789 17,363 - - 59,686 Total deferred inflows of resources 82,496 1,823 27,265 - - 111,584 NET POSITION Net investment in capital assets 955,233 - 2,699,698 - - 3,654,931 Unrestricted 574,026 2,382,144 (1,165,716) 1,179,268 1,334,794 4,304,516 Total net position 1,529,259$ 2,382,144$ 1,533,982$ 1,179,268$ 1,334,794$ 7,959,447$ 131 CITY OF CUPERTINO, CALIFORNIA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN NET POSITION For the year ended June 30, 2020 96. Compensated Absences and Information Workers' Equipment Long-Term Retiree Technology Compensation Revolving Disability Medical Total Operating revenues Charges for services 2,731,703$ 237,707$ 1,352,200$ 173,931$ -$ 4,495,541$ Total operating revenues 2,731,703 237,707 1,352,200 173,931 - 4,495,541 Operating expenses Salaries and related expenses 1,891,486 52,162 457,307 - 1,142,793 3,543,748 Materials and supplies 1,467,517 23,142 412,706 4,323 6,262 1,913,950 Contractual services 213,827 - 60,397 - - 274,224 Insurance claims and premiums - 153,748 - 548,518 - 702,266 Depreciation 303,672 - 665,797 - - 969,469 Total operating expenses 3,876,502 229,052 1,596,207 552,841 1,149,055 7,403,657 Operating income (loss) (1,144,799) 8,655 (244,007) (378,910) (1,149,055) (2,908,116) Nonoperating revenue (expenses) Interest income 109,151 150,548 - 48,647 59,177 367,523 Gain on sale of capital assets - - 76,863 - - 76,863 Total nonoperating revenue (expenses) 109,151 150,548 76,863 48,647 59,177 444,386 Income (loss) before transfers (1,035,648) 159,203 (167,144) (330,263) (1,089,878) (2,463,730) Transfers in 72,000 - - 1,109,000 2,392,000 3,573,000 Change in net position (963,648) 159,203 (167,144) 778,737 1,302,122 1,109,270 Beginning net position 2,492,907 2,222,941 1,701,126 400,531 32,672 6,850,177 Ending net position 1,529,259$ 2,382,144$ 1,533,982$ 1,179,268$ 1,334,794$ 7,959,447$ 132 CITY OF CUPERTINO, CALIFORNIA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS For the year ended June 30, 2020 (Continued) 97. Compensated Absences and Information Workers'Equipment Long-Term Retiree Technology Compensation Revolving Disability Medical Total Cash flows from operating activities Cash received from customers 2,731,703$ 230,707$ 1,352,200$ 173,931$ -$ 4,488,541$ Cash payments to suppliers for goods and services (1,655,138) (23,142) (405,233) 9,960 (6,262) (2,079,815) Cash payments to employees (1,622,143) (44,696) (394,289) - (1,142,793) (3,203,921) Cash payment for judgment and claims - (180,025) - (548,518) - (728,543) Net cash from operating activities (545,578) (17,156) 552,678 (364,627) (1,149,055) (1,523,738) Cash flows from noncapital financing activities Transfers in 72,000 - 128,660 1,109,000 2,392,000 3,701,660 Transfers (out) - fund closing - - - - - - Net cash from noncapital financing activities 72,000 - 128,660 1,109,000 2,392,000 3,701,660 Cash flows from capital and related financing activities Acquisition of capital assets (186,880) - (754,326) - - (941,206) Sale of capital assets - - 76,863 - - 76,863 Net cash from capital and related financing activities (186,880) - (677,463) - - (864,343) Cash flows from investing activities Interest received 109,151 150,548 - 48,647 59,177 367,523 Net cash flows from investing activities 109,151 150,548 - 48,647 59,177 367,523 Net cash flows (551,307) 133,392 3,875 793,020 1,302,122 1,681,102 Cash and investments beginning of year 3,297,294 3,829,847 (3,875) 400,531 32,672 7,556,469 Cash and investments end of year 2,745,987$ 3,963,239$ -$ 1,193,551$ 1,334,794$ 9,237,571$ 133 CITY OF CUPERTINO, CALIFORNIA INTERNAL SERVICE FUNDS COMBINING STATEMENT OF CASH FLOWS For the year ended June 30, 2020 98. Compensated Absences and Information Workers'Equipment Long-Term Retiree Technology Compensation Revolving Disability Medical Total Reconciliation of operating income (loss) to net cash flows from operating activities Operating income (loss) (1,144,799)$ 8,655$ (244,007)$ (378,910)$ (1,149,055)$ (2,908,116)$ Adjustments to reconcile operating income (loss) to net cash flows from operating activities Depreciation 303,672 - 665,797 - - 969,469 Change in assets, deferred outflows of resources, liabilities and deferred inflows of resources Accounts receivable - (7,000) - - - (7,000) Prepaid expenses - - - - - - Due to retirement system 219,823 5,700 55,007 - - 280,530 Due to OPEB system (16,465) (320) (5,211) - - (21,996) Accounts payable and accruals 26,206 - 67,870 14,283 - 108,359 Accrued payroll and benefits - - - - - - Compensated absences 65,985 2,086 13,222 - - 81,293 Claims payable - (26,277) - - - (26,277) Cash flows from operating activities (545,578)$ (17,156)$ 552,678$ (364,627)$ (1,149,055)$ (1,523,738)$ 134 99. STATISTICAL SECTION This part of the City’s 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 City’s 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 City’s financial performance and wellbeing have changed over time: 1. Net Position/Assets by Component 2. Changes in Net Position/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 the City’s most significant own-source revenue, property tax. 1. Assessed and Estimated Actual Value of Taxable Property 2. Direct and Overlapping Property Tax Rates 3. Principal Property Taxpayers 4. Property Tax Levies and Collections Debt Capacity These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future: 1. Ratios of Outstanding Debt by Type 2. Direct and Overlapping Bonded Debt 3. Legal Debt Margin Information 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 City’s financial activities take place: 1. Demographic and Economic Statistics 2. 2019 Employer Ranking Operating Information These schedules contain service and infrastructure data to help the reader understand how the information in the City’s financial report relates to the services the City provides and the activities it performs: 1. Full-Time Equivalent Employees by Function/Program 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. 135 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Governmental Activities Net investment in capital assets 120,724,205$ 117,440,257$ 116,343,918$ 122,081,223$ 131,425,677$ 148,168,074$ 153,239,534$ 167,606,366$ 170,973,897$ 177,128,134$ Restricted 7,721,962 7,572,865 8,351,118 24,232,367 38,327,705 34,861,807 34,991,692 32,073,195 45,405,508 48,005,800 Unrestricted 33,185,903 38,117,361 47,558,701 63,150,548 51,003,950 51,164,063 59,385,309 50,457,871 51,190,017 66,493,336 Total governmental activities net position/assets 161,632,070 163,130,483 172,253,737 209,464,138 220,757,332 234,193,944 247,616,535 250,137,432 267,569,422 291,627,270 Business-Type Activities Net investment in capital assets 777,521 824,687 762,013 1,110,414 2,079,561 1,708,183 1,972,169 1,597,700 1,318,744 1,118,882 Unrestricted 9,779,087 10,057,331 10,865,479 10,292,210 6,604,578 7,375,444 9,092,584 8,051,015 6,737,758 8,134,944 Total business-type activities net position/assets 10,556,608 10,882,018 11,627,492 11,402,624 8,684,139 9,083,627 11,064,753 9,648,715 8,056,502 9,253,826 Primary Government Net investment in capital assets 121,501,726 118,264,944 117,105,931 123,191,637 133,505,238 149,876,257 155,211,703 169,204,066 172,292,641 178,247,016 Restricted 7,721,962 7,572,865 8,351,118 24,232,367 38,327,705 34,861,807 34,991,692 32,073,195 45,405,508 48,005,800 Unrestricted 42,964,990 48,174,692 58,424,180 73,442,758 57,608,528 58,539,507 68,477,893 58,508,886 57,927,775 74,628,280 (1), (2)172,188,678$ 174,012,501$ 183,881,229$ 220,866,762$ 229,441,471$ 243,277,571$ 258,681,288$ 259,786,147$ 275,625,924$ 300,881,096$ (1) Represents net assets thru June 30, 2012 and net position after that. (2) Noted that restatements due to prior period adjustments and changes in accounting principles are not reflected in the prior year balances. Fiscal Year Ended June 30 CITY OF CUPERTINO Net Positions/Assets by Component Last Ten Fiscal Years (Accrual basis of accounting) (Unaudited) 100.136 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Expenses Governmental Activities: Administration 1,860,451$ 1,837,072$ 2,367,255$ 4,529,539$ 3,286,919$ 3,710,388$ 2,873,744$ 5,612,733$ 6,849,046$ 7,974,520$ Law enforcement 8,434,885 8,776,633 9,274,536 10,062,192 10,705,328 11,316,271 12,528,328 12,674,042 13,381,113 14,698,130 Public and environmental affairs 1,625,876 1,743,151 1,595,982 512,895 649,442 575,260 1,884,165 3,244,846 3,210,343 3,637,354 Administrative services 3,993,654 4,309,503 4,171,440 2,662,008 4,300,336 2,994,611 5,898,479 4,415,647 4,290,818 5,175,596 Recreation services 4,528,968 4,577,243 4,473,861 4,866,974 5,365,282 5,758,194 10,651,557 9,352,551 7,389,915 8,763,194 Community development 5,961,774 4,922,237 4,676,273 9,108,949 5,976,797 6,259,734 13,775,591 16,789,351 10,470,973 10,286,317 Public works 20,224,662 20,387,508 22,149,063 21,143,331 27,893,361 31,313,396 32,491,244 28,995,382 31,870,165 33,339,191 Interest on long-term debt 2,032,464 1,837,655 1,256,922 1,130,428 1,120,138 1,077,538 1,035,738 993,038 949,438 882,837 Total governmental activities expense 48,662,734 48,391,002 49,965,332 54,016,316 59,297,603 63,005,392 81,138,846 82,077,590 78,411,811 84,757,139 Business-Type Activities: Resources recovery 1,801,599 1,566,229 1,764,993 2,159,047 2,548,461 2,997,200 2,991,177 2,594,511 1,735,885 2,213,404 Blackberry farm 457,065 460,698 463,336 571,000 547,185 576,177 597,406 656,112 645,469 663,663 Cupertino sports center 1,716,741 1,897,611 2,011,483 2,221,703 2,269,420 2,299,210 2,159,243 2,633,748 3,036,037 2,883,903 Recreation programs 1,753,156 1,985,618 2,025,416 2,730,765 2,342,457 3,136,011 2,351,501 3,232,593 2,923,336 3,141,225 Total business-type activities expense 5,728,561 5,910,156 6,265,228 7,682,515 7,707,523 9,008,598 8,099,327 9,116,964 8,340,727 8,902,195 Total primary government expense 54,391,295 54,301,158 56,230,560 61,698,831 67,005,126 72,013,990 89,238,173 91,194,554 86,752,538 93,659,334 Program Revenues Governmental Activities: Charges for services: Administration 15,801 6,454 5,676 1,087,393 322,534 369,069 3,992,716 5,062,988 1,319,395 2,091,811 Law enforcement 797,757 696,498 637,595 725,631 590,378 664,483 603,194 732,544 889,923 1,102,888 Public and environmental affairs - - - - 41,352 41,352 - - - - Administrative services - - - - 481,616 359,148 3,565,627 2,635,885 3,113,731 3,889,180 Recreation services 1,020,159 1,166,323 970,292 955,081 1,798,134 1,421,185 2,016,159 1,589,134 1,563,262 1,309,906 Community development 4,149,620 4,919,216 6,765,564 6,649,292 8,511,745 10,534,457 10,902,822 8,598,935 7,470,690 5,859,847 Public works 549,065 503,225 593,501 7,916,897 2,869,357 6,358,870 6,873,487 4,720,646 4,504,104 5,657,315 Operating grants and contributions 2,351,287 2,508,917 2,752,493 10,000,131 6,002,617 1,851,282 2,313,632 4,819,696 2,557,470 5,794,443 Capital grants and contributions 1,972,951 780,761 719,880 569,159 4,022,190 362,491 245,288 271,587 1,082,243 1,046,756 Total governmental activities program revenue 10,856,640 10,581,394 12,445,001 27,903,584 24,639,923 21,962,337 30,512,925 28,431,415 22,500,818 26,752,146 Business-Type Activities: Charges for services: Resources recovery 1,931,076 1,727,783 1,882,517 2,074,251 2,591,276 2,664,888 2,792,190 2,559,862 1,750,279 1,821,677 Blackberry farm 447,797 411,056 386,753 302,472 388,091 334,529 325,224 345,667 316,615 338,212 Cupertino sports center 1,722,700 1,965,684 2,150,139 2,188,127 2,152,498 2,224,146 2,238,023 2,403,665 2,349,468 2,365,667 Recreation programs 2,260,296 2,325,705 2,409,720 2,480,209 2,532,800 2,466,336 2,778,588 2,516,678 1,986,781 1,588,576 Operating grants and contributions - - - - - - - - - - Total business-type activities program revenue 6,361,869 6,430,228 6,829,129 7,045,059 7,664,665 7,689,899 8,134,025 7,825,872 6,403,143 6,114,132 Total primary government program revenue 17,218,509 17,011,622 19,274,130 34,948,643 32,304,588 29,652,236 38,646,950 36,257,287 28,903,961 32,866,278 (continued) Fiscal Year Ended June 30 CITY OF CUPERTINO Change in Net Positions/Assets Last Ten Fiscal Years (Accrual basis of accounting) (Unaudited) 101.137 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Net (Expense) Revenue: Governmental activities (37,806,094)$ (37,809,608)$ (37,520,331)$ (26,112,732)$ (34,657,680)$ (41,043,055)$ (50,625,921)$ (53,646,175)$ (55,910,993)$ (58,004,993)$ Business-Type activities 633,308 520,072 563,901 (637,456) (42,858) (1,318,699) 34,698 (1,291,092) (1,937,584) (2,788,063) Total primary government net expense (37,172,786) (37,289,536) (36,956,430) (26,750,188) (34,700,538) (42,361,754) (50,591,223) (54,937,267) (57,848,577) 66,493,336 General Revenues and Transfers Governmental Activities: Taxes: Property taxes 7,296,970 7,479,132 8,793,110 9,169,183 - 11,864,027 13,251,840 14,881,533 17,082,005 18,117,304 Property taxes in lieu of motor vehicle fee 4,404,795 4,487,412 4,772,355 5,289,476 - 6,330,436 6,967,237 7,552,272 8,219,090 8,489,541 Incremental property tax 1,251,777 202,793 - - - - - - - - Sales tax 14,539,243 17,326 18,721,193 19,794,036 - 21,350,056 26,932,012 26,164,531 24,901,779 35,657,214 Transient occupancy tax 2,536,501 3,112,934 3,768,504 4,590,156 - 5,852,244 6,023,681 6,810,718 8,901,337 7,286,083 Utility user tax 3,227,942 3,264,896 2,994,526 3,098,639 - 3,370,830 3,082,407 3,146,398 3,089,922 3,182,086 Franchise tax 2,841,344 2,808,136 2,848,950 2,775,892 - 3,478,024 3,409,572 3,563,820 3,445,253 3,418,908 Other taxes 1,491,316 1,377,211 4,561,219 18,791,559 - 2,818,019 3,258,118 1,943,652 3,299,587 1,774,235 Intergovernmental (1)259,289 29,064 30,256 25,294 - 24,111 26,118 31,013 28,844 47,391 Investment earnings 259,217 61,096 176,782 133,243 40,751 807,287 694,730 916,638 3,258,550 5,690,723 Miscellaneous 1,144,429 82,684 126,690 57,005 (2) 219,053 2,004,906 1,834,492 1,187,741 1,922,356 Gain on sale of capital assets - - - - 23,715,897 580 - 740,570 3,875 - Extraordinary items (2)- (1,130,797) - - - - - - - - Transfers - fund closings (3)- - - - - - 272,011 - - - Transfers 15 207,000 (150,000) (401,350) 872,340 (1,635,000) (1,874,120) 107,030 (75,000) (3,523,000) Total governmental activities 39,252,838 21,998,887 46,643,585 63,323,133 24,628,986 54,479,667 64,048,512 67,692,667 73,342,983 82,062,841 Business-Type Activities: Investment earnings 71,486 12,338 31,573 11,238 42,531 82,187 59,012 75,663 270,371 462,387 Transfers (15) (207,000) 150,000 401,350 (872,340) 1,635,000 1,874,120 (107,030) 75,000 3,523,000 Total business-type activities 71,471 (194,662) 181,573 412,588 (829,809) 1,717,187 1,933,132 (31,367) 345,371 3,985,387 Total primary government 39,324,309 21,804,225 46,825,158 63,735,721 23,799,177 56,196,854 65,981,644 67,661,300 73,688,354 86,048,228 Change in Net Position/Assets (4) Governmental activities 1,446,744 (15,810,721) 9,123,254 37,210,401 (10,028,694) 13,436,612 13,422,591 14,046,492 17,431,990 24,057,848 Business-Type activities 704,779 325,410 745,474 (224,868) (872,667) 398,488 1,967,830 (1,322,459) (1,592,213) 1,197,324 Total primary government 2,151,523$ (15,485,311)$ 9,868,728$ 36,985,533$ (10,901,361)$ 13,835,100$ 15,390,421$ 12,724,033$ 15,839,777$ 25,255,172$ (1) The 2006 state take-away of sales taxes, property taxes and vehicle license fees is reported in this category. (2) Asset transfer to Successor to Redevelopment Agency fiduciary trust in 2012. (3) Asset and liability transfer from the closed City Channel/Web Internal Service Fund in 2017. (4) Representes changes in net assets thru fiscal year ended June 30, 2012 and changes in net position after that. Fiscal Year Ended June 30 CITY OF CUPERTINO Change in Net Positions/Assets Last Ten Fiscal Years (Accrual basis of accounting) (Unaudited) 102.138 2011 (1)2012 2013 2014 2015 2016 2017 2018 2019 (2)2020 General Fund Nonspendable 1,023,950$ 1,003,438$ 956,827$ 3,363,065$ 938,245$ 937,381$ 876,939$ 464,893$ 454,188$ 3,449,341$ Restricted 663,254 695,564 725,903 - 761,653 888,374 1,016,771 1,254,578 9,469,670 14,324,757 Committed - - - - - - 19,000,000 19,122,754 19,123,397 19,127,891 Assigned 14,739,394 17,729,297 16,400,000 16,400,000 28,849,679 20,500,000 4,638,181 9,963,310 1,979,202 3,176,882 Unassigned 3,380,279 6,669,379 17,961,579 23,197,378 8,774,966 29,869,085 28,057,799 21,704,922 27,896,128 34,426,942 Total General Fund 19,806,877 26,097,678 36,044,309 42,960,443 39,324,543 52,194,840 53,589,690 52,510,457 58,922,585 74,505,813 All Other Governmental Funds Nonspendable 615,000 - - - - - - - - - Restricted 6,314,106 6,877,301 7,625,215 24,232,367 37,566,052 33,973,433 33,974,921 30,818,617 35,935,838 33,681,043 Committed - - - - 1,398,665 1,398,665 1,398,665 - - - Assigned 4,303,822 3,646,073 5,299,904 7,619,534 20,671,116 15,344,191 25,305,974 29,129,616 33,211,946 40,551,131 Unassigned - - - (2,280,961) - - - - - - Total All Other Governmental Funds 11,232,928 10,523,374 12,925,119 29,570,940 59,635,833 50,716,289 60,679,560 59,948,233 69,147,784 74,232,174 Total Governmental Funds 31,039,805$ 36,621,052$ 48,969,428$ 72,531,383$ 98,960,376$ 102,911,129$ 114,269,250$ 112,458,690$ 128,070,369$ 148,737,987$ (1) The City implemented GASB Statement No. 54 under which governmental fund balances are reported as nonspendable, restricted, committed, assigned and unassigned compared to reserved and unreserved (2) The City established a trust to fund Other Post-Employment Benefit contributions, which is classified as a restriction in fund balance. Fiscal Year Ended June 30 CITY OF CUPERTINO Fund Balances of Governmental Funds Last Ten Fiscal Years (Modified accrual basis of accounting (Unaudited) 103.139 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Revenues Taxes 37,582,299$ 40,265,944$ 48,382,570$ 72,211,724$ 55,134,238$ 55,462,956$ 62,924,867$ 64,062,924$ 68,938,973$ 77,925,371$ Use of money and property 792,035 661,602 744,196 764,299 915,933 1,654,702 1,425,629 1,543,818 3,896,813 6,259,342 Intergovernmental 3,543,641 2,678,888 2,841,407 3,069,400 7,210,562 2,532,025 2,585,038 5,122,296 3,668,557 6,888,590 Licenses and permits 2,901,944 2,900,936 3,502,617 3,679,943 3,170,445 3,073,110 2,536,925 2,757,928 4,102,665 4,692,847 Charges for services 2,311,216 3,273,946 4,515,066 10,744,113 5,203,371 17,249,123 24,103,167 15,638,247 13,385,698 13,937,950 Fines and forfeitures 695,666 661,899 560,417 616,889 554,002 564,903 603,194 602,934 534,012 344,008 Other 73,881 264,302 57,828 545,052 542,429 1,289,013 2,004,904 1,834,492 1,187,741 1,922,356 Total revenues 47,900,682 50,707,517 60,604,101 91,631,420 72,730,980 81,825,832 96,183,724 91,562,639 95,714,459 111,970,464 Expenditures: Current: Administration 1,528,070 1,533,070 2,005,176 3,957,739 3,897,701 4,053,741 5,942,633 4,943,052 6,294,111 6,951,541 Law enforcement 8,434,885 8,445,917 8,783,885 9,626,121 10,283,772 10,988,735 11,939,095 12,362,621 13,108,732 14,151,413 Public and environmental affairs 1,497,263 1,659,856 1,486,910 477,852 624,295 544,718 1,864,746 2,835,768 2,843,540 3,223,185 Administrative services 3,695,076 4,103,982 3,772,714 2,444,670 3,226,164 2,811,117 5,054,539 4,430,300 4,197,582 4,617,787 Recreation services 4,117,477 4,319,983 4,083,822 4,536,519 5,047,548 5,441,200 9,361,934 8,686,076 8,996,118 7,688,935 Community development 5,693,541 4,762,229 4,395,601 8,424,254 5,180,659 6,102,820 7,431,292 12,907,086 9,359,835 9,310,827 Public works 12,234,726 12,528,194 13,996,516 17,469,627 14,625,038 15,078,174 18,623,585 18,191,714 19,955,579 22,445,948 Capital Outlay 5,281,927 3,523,047 4,684,676 7,110,974 21,760,899 26,171,127 18,731,165 23,395,112 10,528,246 12,644,373 Debt service: Principal repayment 1,500,000 - 1,920,000 2,040,000 2,055,000 2,090,000 2,135,000 2,180,000 2,220,000 2,290,000 Interest and fiscal charges 2,032,464 1,837,665 1,256,922 1,130,428 1,120,138 1,077,538 1,035,738 993,038 949,438 882,837 Payment to refunded debt escrow agent - 44,897,800 - - - - - - - - Total expenditures 46,015,429 87,611,743 46,386,222 57,218,184 67,821,214 74,359,170 82,119,727 90,924,767 78,453,181 84,206,846 Excess (deficiency) of revenues over (under) expenditures 1,885,253 (36,904,226) 14,217,879 34,413,236 4,909,766 7,466,662 14,063,997 637,872 17,261,278 27,763,618 Other Financing Sources (Uses) Bond proceeds - 44,823,839 - - - - - - - - Proceeds from sale of capital assets 1,055,449 421 - 37,569 23,814,257 580 - 872,250 3,875 - Transfers in 5,684,483 6,484,426 8,438,707 13,610,304 39,408,990 11,905,724 26,446,090 31,028,218 19,407,613 35,208,276 Transfers in - fund closing - - - - - - 260,374 - - - Transfers out (7,883,751) (7,692,426) (10,308,210) (24,499,154) (39,177,284) (15,422,213) (29,412,340) (34,348,900) (21,061,087) (42,304,276) Total other financing sources (uses)(1,143,819) 43,616,260 (1,869,503) (10,851,281) 24,045,963 (3,515,909) (2,705,876) (2,448,432) (1,649,599) (7,096,000) Extraordinary Item Asset transferred to Successor Agencies - (1,130,797) - - - - - - - - Change in fund balances 741,434$ 5,581,237$ 12,348,376$ 23,561,955$ 28,955,729$ 3,950,753$ 11,358,121$ (1,810,560)$ 15,611,679$ 20,667,618$ Debt service as a percentage of noncapital expenditures (1)8.7%55.6%7.6%6.3%6.9%6.6%5.0%4.7%4.7%4.4% (1) Noncapital expenditures is total expenditures less capital assets added each year to the statement of net position/assets. Fiscal Year Ended June 30 CITY OF CUPERTINO Change in Fund Balances of Governmental Funds Last Ten Fiscal Years (Modified accrual basis of accounting) (Unaudited) 104.140 State Board of Total Assessed &Direct Total Equalization Secured Est. Full Market Tax Fiscal Year Secured (a)Unsecured (a)Non-Unitary Exemptions Valuation (a)Rate 2011 13,017,910,372 476,332,025 1,390,000 96,704,811 13,495,632,397 6.51% 2012 13,219,574,367 527,310,319 1,390,000 96,081,912 13,748,274,686 6.24% 2013 13,882,147,291 738,243,050 1,390,000 108,468,872 14,621,780,341 6.20% 2014 15,391,656,690 813,117,019 1,390,000 113,744,809 16,206,163,709 5.62% 2015 16,133,637,244 965,141,148 - 119,476,276 17,098,778,392 5.61% 2016 18,308,720,226 1,086,786,901 - 114,223,063 19,395,507,127 5.59% 2017 20,196,258,418 1,150,311,942 - 118,257,368 21,346,570,360 5.98% 2018 22,024,906,420 1,114,123,426 - 122,805,695 23,139,029,846 6.19% 2019 23,402,123,229 1,779,936,377 - 125,245,819 25,182,059,606 6.38% 2020 24,370,718,536 1,641,863,322 - 138,025,761 26,012,581,858 6.50% (a) Net of exemptions Source: HdL, Coren & Cone Data Source: Santa Clara County Assessor 2010-11 - 2019-20 Combined Tax Rolls This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Prepared On 9/4/2020 by MV CITY OF CUPERTINO (Unaudited) Last Ten Fiscal Years Assessed and Estimated Actual Value of Taxable Property $0 $2 $4 $6 $8 $10 $12 $14 $16 $18 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 20 1 6 20 1 7 20 1 8 20 1 9 20 2 0 Bi l l i o n s Secured Property Unsecured Property 105. 141 THE CITY OF CUPERTINO Direct and Overlapping Property Tax Rates (Rate per $100 of taxable value) 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018-19 2019-20 Basic Levy¹1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 1.00000 Co. Housing Bond 2016 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.01266 0.01050 0.01000 County Bond 2008 Hospital Facility 0.00950 0.00470 0.00510 0.00350 0.00910 0.00880 0.00860 0.00820 0.00720 0.00690 County Library Retirement Levy 0.00240 0.00240 0.00240 0.00240 0.00240 0.00240 0.00240 0.00240 0.00240 0.00240 County Retirement Levy 0.03880 0.03880 0.03880 0.03880 0.03880 0.03880 0.03880 0.03880 0.03880 0.03880 Cupertino Elementary 0.03080 0.02900 0.05980 0.05250 0.05400 0.05190 0.05090 0.04960 0.03970 0.04150 El Camino Hospital 2003 0.01290 0.01290 0.01290 0.01290 0.01290 0.01290 0.01290 0.01000 0.01000 0.01000 Foothill De Anza College 0.03260 0.02970 0.02870 0.02900 0.02760 0.02400 0.02340 0.02200 0.02170 0.02080 Fremont High 0.03650 0.04150 0.03900 0.04050 0.03960 0.05250 0.04030 0.04640 0.04300 0.04790 Los Gatos-Saratoga High 1998 0.03770 0.03810 0.03680 0.03510 0.05160 0.04230 0.04690 0.04570 0.03040 0.01770 MidPeninsula Open Space 2014 0.00000 0.00000 0.00000 0.00000 0.00000 0.00080 0.00060 0.00090 0.00180 0.00160 Santa Clara Unified 0.05190 0.08360 0.08190 0.07070 0.07040 0.09420 0.08180 0.08280 0.07070 0.11760 Santa Clara Valley Water District 0.00720 0.00640 0.00690 0.00700 0.00650 0.00570 0.00860 0.00620 0.00420 0.00410 Saratoga Elementary 0.04370 0.04440 0.04520 0.04500 0.04580 0.04490 0.04560 0.04580 0.04580 0.04640 West Valley College 0.01390 0.01370 0.02890 0.02550 0.01200 0.02320 0.01960 0.02000 0.01980 0.01860 West Valley-Mission Ccd 2018 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.01100 Total Direct & Overlapping² Tax Rates 1.31790 1.34520 1.38640 1.36290 1.37070 1.40240 1.38040 1.39146 1.34600 1.39530 City's Share of 1% Levy Per Prop 13³0.05644 0.05650 0.05652 0.05626 0.05617 0.05571 0.05962 0.06148 0.06320 0.06531 General Obiligation Debt Rate Redevelopment Rate⁴1.04840 1.04760 Total Direct Rate⁵0.06507 0.06238 0.06204 0.05623 0.05610 0.05588 0.05976 0.06187 0.06381 0.06499 Notes: ²Overlapping rates are those of local and county governments that apply to property owners within the City. Not all overlapping rates apply to all city property owners. Data Source: Santa Clara County Assessor 2010/11 - 2019/20 Tax Rate Table This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone Prepared on 9/4/2020 by MV ³City's Share of 1% Levy is based on the City's share of the general fund tax rate area with the largest net taxable value within the city. ERAF general fund tax shifts may not be included in tax ratio figues. ⁴Redevelopment Rate is based on the largest RDA tax rate area and only includes rate(s) from indebtedness adopted prior to 1989 per California State statute. RDA direct and overlapping rates are applied only to the incremental property values. The approval of ABX1 26 eliminated Redevelopment from the State of California for the fiscal year 2012/13 and years thereafter. ⁵Total Direct Rate is the weighted average of all individual direct rates applied to by the government preparing the statistical section information and excludes revenues derived from aircraft. Beginning in 2013/14 the Total Direct Rate no longer includes revenue generated from the former redevelopment tax rate areas. Challenges to recognized enforceable obligations are assumed to have been resolved during 2012/13. For the purposes of this report, residual revenue is assumed to be distributed to the City in the same proportions as general fund revenue. Last 10 Fiscal Years Agency ¹In 1978, California voters passed Proposition 13 which set the property tax rate at a 1.00% fixed amount. This 1.00% is shared by all taxing agencies for which the subject property resides within. In addition to the 1.00% fixed amount, property owners are charged taxes as a percentage of assessed property values for the payment of any voter approved bonds. 106.142 2020 Percentage of 2015 Percentage of Assessed Total Assessed Assessed Total Assessed Valuation Valuation Valuation Valuation Apple Inc.6,191,911,133$ 23.80%1,596,975,041$ 9.34% Main Street Cupertino 396,065,000 1.52%-- Vallco Property Owner LLC 339,916,857 1.31%157,741,957 0.92% Cupertino City Center 201,051,525 0.77%139,849,982 0.82% BVK Perimeter Square Retail LLC ET AL 181,321,407 0.70%-- Cupertino Property Development 180,164,643 0.69%100,941,770 0.59% Mission West Properties LP II ETAL 140,416,937 0.54%127,777,488 0.75% PR Cupertino Gateway LLC 130,693,479 0.50%-- Markham Apartments LP 104,481,230 0.40%-- Cupertino Hotel Owner LLC 97,799,908 0.38% - - Total 7,963,822,119$ 30.61%2,123,286,238$ 12.42% Source: HdL, Coren & Cone CITY OF CUPERTINO Principal Property Taxpayers Current Year and Ten Years Ago (Unaudited) Taxpayer 107. 143 Percent of Percent Delinquent Total Total Tax Fiscal Total Current Tax of Levy Tax Tax Collections Year Tax Levy Collections Collected (1)Collections (1)Collections to Tax Levy 2011 8,497,119 8,497,119 100.00%- 8,497,119 100.00% 2012 7,681,925 7,681,925 100.00%- 7,681,925 100.00% 2013 8,199,752 8,199,752 100.00%- 8,199,752 100.00% 2014 9,169,183 9,169,183 100.00%- 9,169,183 100.00% 2015 10,178,734 10,178,734 100.00%- 10,178,734 100.00% 2016 11,864,026 11,864,026 100.00%- 11,864,026 100.00% 2017 13,308,884 13,308,884 100.00%- 13,308,884 100.00% 2018 13,172,425 13,172,425 100.00%- 13,172,425 100.00% 2019 16,049,112 16,049,112 100.00%- 16,049,112 100.00% 2020 18,117,304 18,117,304 100.00%- 18,117,304 100.00% (1) Per the Teeter Plan, the City receives 100% of the tax levy, while the County receives delinquencies and penalties. Source: City of Cupertino CITY OF CUPERTINO Property Tax Levies and Collections Last Ten Fiscal Years (Unaudited) 108. 144 Percentage of Estimated % of Fiscal Certificates Actual Market Value Personal Year of Participation of Taxable Property Per Capita Income 2007 49,740,000 0.45%929 1.60% 2011 44,010,000 0.30%755 1.70% 2012 43,940,000 0.27%744 1.56% 2013 42,020,000 0.26%705 1.41% 2014 39,980,000 0.23%671 1.38% 2015 37,925,000 0.20%633 1.28% 2016 35,835,000 0.18%598 1.21% 2017 33,700,000 0.15%579 1.02% 2018 31,520,000 0.12%525 0.87% 2019 29,300,000 0.11%488 0.81% 2020 27,010,000 0.10%451 0.71% Source: City of Cupertino CITY OF CUPERTINO Ratios of Outstanding Debt by Type Last Ten Fiscal Years (Unaudited) 109. 145 26,012,581,858$ Total Debt %City’s Share of 6/30/2020 Applicable (1)Debt 6/30/20 Santa Clara County 947,220,000$ 5.096%48,270,331$ Santa Clara County General Fund Obligations 710,539,120 5.096%36,209,074 Santa Clara County Pension Obligations 352,378,882 5.096%17,957,228 Santa Clara County Board of Education Certificates of Participation 4,255,000 5.096%216,835 Foothill-DeAnza Community College District 620,143,886 13.454%83,434,158 West Valley Community College District 635,310,000 1.634%10,380,965 West Valley-Mission Community College District General Fund Obligations 62,200,000 1.634%1,016,348 Santa Clara Unified School District 1,081,495,000 3.813%41,237,404 Santa Clara County Vector Control District Certificates of Participation 2,245,000 5.096%114,405 Fremont Union High School District 562,210,088 29.883%168,005,241 Cupertino Union School District 274,238,303 50.963%139,760,066 El Camino Hospital District 124,490,000 1.056% 1,314,614 Midpeninsula Regional Open Space District and General Fund Obligations 209,910,600 8.134%17,074,128 Santa Clara Valley Water District Benefit Assessment 73,570,000 5.096%3,749,127 Total Overlapping Tax and Assessment Debt 5,660,205,879 568,739,926 Direct Debt: City of Cupertino Certificates of Participation 27,010,000 100.000% 27,010,000 Total Direct and Overlapping General Fund Debt 27,010,000 27,010,000 Totals by Category:(3) Total Direct Debt 27,010,000 27,010,000 Total Overlapping Debt 5,660,205,879 568,739,926 Combined Total Debt 5,687,215,879$ 595,749,926$ Ratios to 2019-20 Assessed Valuation: Total Overlapping Tax and Assessment Debt 2.19% 0.10% Combined Total Debt 2.29% (1) (2)Principal amount as of 6/30/20. Direct and Overlapping Bonded Debt CITY OF CUPERTINO Overlapping Tax and Assessment Debt: (Unaudited) 2019-20 Assessed Valuation June 30, 2020 The percentage of overlapping debt applicable to the city is estimated using taxable assessed property value. Applicable 110. 146 Total net debt Total Net Legal applicable to the Fiscal Debt Debt Applicable Debt limit as a % of Year Limit to Limit Margin debt limit 2011 488,171,639 - 488,171,639 - 2012 495,734,039 - 495,734,039 - 2013 520,580,523 - 520,580,523 - 2014 577,187,126 - 577,187,126 - 2015 605,011,397 - 605,011,397 - 2016 686,577,008 - 686,577,008 - 2017 757,359,691 - 757,359,691 - 2018 825,933,991 - 825,933,991 - 2019 877,579,621 - 877,579,621 - 2020 913,901,945 - 913,901,945 - Debt Limit: Secured property assessed value, net of exempt real property 24,370,718,536$ Adjusted valuation - 25% of assessed valuation 6,092,679,634 Debt limit - 15% of adjusted valuation 913,901,945 Amount of Debt Subject to Limit: Total Bonded Debt 27,010,000 Less: Certificates of Participation not subject to debt limit (27,010,000) Amount of debt subject to limit - Legal Debt Margin 913,901,945$ Source: City of Cupertino Last Ten Fiscal Years Note: The Government Code of the State of California provides for a legal debt limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% of market value. Effective with the 1981-82 fiscal year, each parcel is now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computations shown above reflect a conversion of assessed valuation data for each fiscal year from the current full valuation perspective to the 25% level that was in effect at the time that the legal debt margin was enacted by the State of California for local governments located within the state. CITY OF CUPERTINO Legal Debt Margin Information (Unaudited) 111. 147 Ratio of General Fiscal Assessed General Bonded Debt Bonded Debt to Year Population Value Bonded Debt Per Capita Assessed Value 2011 56,431 13,495,632,397 - - - 2012 59,022 13,748,274,686 - - - 2013 59,620 14,621,780,341 - - - 2014 59,946 17,098,778,392 - - - 2015 59,777 19,395,507,127 - - - 2016 58,185 19,395,507,127 - - - 2017 58,917 21,346,570,360 - - - 2018 60,091 23,139,029,846 - - - 2019 59,879 25,182,059,606 - - - 2020 59,549 26,012,581,858 - - - Sources: HdL, Coren & Cone CITY OF CUPERTINO Ratio of General Bonded Debt Last Ten Fiscal Years (Unaudited) 112. 148 Fiscal Year City Population (1) County Population (1) City Population % of County City Personal Income (2) Per Capita Personal Income (2) **Public School Enrollment City Unemploy ment Rate (%) (3) County Unemploy ment Rate (%) (3) Median Age (4) % of Population Over 25 with High School Degree % of Population Over 25 with Bachelor's Degree 2010-11 56,431 1,781,642 3.17% 2,586,120,000 45,828 10,365 7.3% - 39.1 96.3% 72.6% 2011-12 59,022 1,809,378 3.26% 2,818,655,000 47,756 10,625 6.3% - 39.2 97.0% 74.7% 2012-13 59,620 1,842,254 3.24% 2,985,829,000 50,081 29,699 4.1% 8.4% 39.5 96.7% 75.5% 2013-14 59,946 1,868,558 3.21% 3,090,636,000 51,557 29,904 3.4% 6.8% 40.0 96.2% 74.2% 2014-15 59,777 1,889,638 3.16% 3,186,772,000 53,311 29,871 4.2% 3.8% 40.0 96.5% 74.6% 2015-16 58,185 1,927,888 3.02% 3,340,132,000 57,405 29,684 3.4% 4.2% 40.2 96.5% 75.6% 2016-17 58,917 1,938,180 3.04% 3,486,805,000 59,181 29,467 3.0% 3.8% 40.6 96.7% 76.0% 2017-18 60,091 1,938,153 3.10% 3,620,255,000 60,246 29,255 3.3% 3.8% 40.7 97.1% 76.6% 2018-19 59,879 1,937,570 3.09% 3,821,320,000 63,817 29,240 2.6% 2.3% 41.1 97.1% 77.2% 2019-20 59,549 1,927,852 3.09% 4,114,967,000 69,102 29,550 2.4% 10.7% 41.1 97.2% 78.1% Notes and Data Sources: Population: California State Department of Finance. Unemployment Data: California Employment Development Department Income, Age, and Education Data: ESRI - Demographic Estimates are based on the last available Census. Projections are developed by incorporating all of the prior census data released to date. Demographic Data is totaled from Census Block Groups that overlap the City's boundaries 201- and later - Income, Age and education Data - US Census Bureau, most recent American Community Survey **Reported Public School Enrollment reflects the total number of students in the Fremont Union High School District and Cupertino Union School District. Previously published reports included Fremont Union High School District only. City of Cupertino Demographic and Economic Statistics Last Ten Fiscal Years 113.149 CITY OF CUPERTINO 2020 Employer Ranking (Unaudited) Employer Ranking Employer_________________Ranking Apple 1 Panasonic Corporation 11 Cupertino Union School District 2 Pleasant View Convalescent Hospital 12 Corinthian International Parking Services, Inc.3 Sunny Retirement Home 13 Synophic Systems Inc.4 City of Cupertino 14 De Anza Community College District 5 Ch Cupertino Owner LLC 15 Target Stores, Inc.6 Zend Technologies Usa, Inc.16 Fremont Union High School District 7 Mist Systems, Inc.17 Forum Healthcare Center 8 County of Santa Clara 18 Whole Foods Market 9 Cupertino Lessee LLC 19 Mobileum, Inc.10 Posh Bakery Inc.20 Source: InfoUSA 114. 150 Function/Program 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Council and Commissions 1.46 1.47 1.52 1.57 1.55 1.60 1.55 2.35 2.35 2.51 Administration 4.85 5.05 5.05 10.75 10.75 10.85 10.57 14.12 15.47 15.15 Innovation & Technology 6.95 6.95 6.90 11.00 10.25 11.40 13.95 14.55 15.05 14.95 Administrative Services 22.34 22.48 22.26 11.00 12.00 12.30 12.30 12.00 14.00 16.00 Parks & Recreation 30.78 29.78 29.53 29.48 31.28 32.18 33.08 35.13 34.80 32.10 Community Development 23.78 23.43 23.90 24.83 24.80 27.30 28.18 28.08 28.13 28.29 Public Works 72.59 73.59 73.59 74.12 77.12 82.12 84.12 84.52 84.95 88.75 Law Enforcement 0.00 0.00 0.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 Total 162.75 162.75 162.75 164.75 169.75 179.75 185.75 192.75 196.75 197.75 Source: City of Cupertino Budget CITY OF CUPERTINO Full-Time Equivalent City Employees by Function/Program Last Ten Fiscal Years (Unaudited) 0 50 100 150 200 250 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Public Works Community Development Parks & Recreation Administrative Services Innovation & Technology Administration Council and Commissions 115. 151 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Law Enforcement Sheriff Response Priority One-Respond within 5 minutes 4.49 Min.4.84 Min.3.76 Min.4.30 Min.4.90 Min.4.90 Min.5.07 Min 4.23 Min.3.95 Min.3.96 Min. Priority Two-Respond within 9 minutes 5.76 Min.6.44 Min.5.98 Min.6.39 Min.6.56 Min.6.56 Min.8.00 Min.7.49 Min.6.33 Min.6.74 Min. Priority Three-Respond within 20 minutes 9.79 Min.10.62 Min.10.29 Min.10.76 Min.10.52 Min.10.52 Min.15.79 Min 14.79 Min.13.23 Min.12.42 Min. Public Works Street Sweeping 696 Curb Miles 575 Curb Miles 575 Curb Miles 575 Curb Miles 575 Curb Miles 575 Curb Miles 534 Curb Miles 534 Curb Miles 534 Curb Miles 534 Curb Miles Street Maintenance 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call 24 Hrs of Call Number of development permit applications received 428 434 428 Number of encroachment permits received 121 136 134 Storm Drain Inlets Inspected/Cleaned 815 1063 1638 Roadway Signs Repaired/Replaced 404 721 346 Number of trees planted vs. removed 53/67 155/192 164/190 Parks & Recreation Number of reservations at Quinlan Center 560 402 526 Number of rounds of golf at BBF Golf Course 28,193 27,205 28,952 Sports Center Memberships 1,598 1,776 1,852 1,950 2,000 1,989 2,015 1,850 1,952 1,802 Number of Senior Center classess offered 246 320 258 Senior Center Memberships 2,387 2,470 2,456 2,623 2,549 2,493 2,094 2,260 2,171 2,171 Quinlan Community Center Rental Revenue $91,000 $133,000 $120,000 $109,342 $110,033 $104,150 $128,778 $72,948 $139,590 $139,590 Community Development Approved Building Plan Sets 97% Within 5 Days 93% Within 5 Days 92% Within 5 Days 95% Within 7 Work Days 95% Within 7 Work Days 95% Within 7 Work Days 95% Within 7 Work Days 95% Within 7 Work Days 95% Within 7 Work Days 95% Within 7 Work Days Discretionary Land Use Applications 100% Within 21 Days 99% Within 21 Days 99% Within 21 Days 99% Within 21 Work Days 99% Within 21 Work Days 99% Within 21 Work Days 99% Within 21 Work Days 99% Within 21 Work Days 99% Within 21 Work Days 99% Within 21 Work Days Public Notice of Upcoming Projects 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days 100% Within 10 Days Number of preliminary reviews 82 90 110 Number of planning applications received 169 138 194 Number of permits received 2,322 2,321 2,534 Number of inspections requested 16,026 13,625 14,596 Administrative Services Accounts Payable Processing 5 Days 7 Days 7 Days 7 Days 7 Days 7 Days 7 Days 7 Days 7 Days 7 Days Business License Renewal Certificates 3 Days 3 Days 3 Days 3 Days 3 Days 3 Days 3 Days 3 Days 3 Days 3 Days Number of regular recruitments 21 21 28 Number of new hires 26 16 14 Number of temporary new hires 101 105 38 Number of personnel payroll changes 702 938 1,094 Number of vendor checks processes 6,793 6,536 5,906 Number of payroll checks process 10,387 10,301 10,802 Number of business license applications 1,294 1,154 1,032 Number of jounral entries posted 2,830 4,521 4,558 Number of receipts processed 9,766 13,913 18,992 Library Volumes in Collection - - - - 361,817 364,557 369,924 367,979 367,101 368,461 Annual Gate Count - - - - 869,762 880,894 835,073 873,862 904,349 620,007 Annual Circulation Children's Items - - - - 1,474,996 1,544,095 1,448,265 1,453,173 1,535,842 1,192,880 Annual Circulation Adult and Teen Items - - - - 999,766 1,032,326 950,453 980,609 1,049,166 831,114 Adult Classes and Events - - - - 209 215 242 206 207 396 Adult Classes and Events Attendence - - - - 11,860 8,855 9,242 7,622 8,304 9,986 Teen Classes and Events - - - - 52 78 66 79 52 57 Teen Classes and Events Attendence - - - - 3,393 3,135 2,571 2,495 1,283 8,495 Children's Classes and Events - - - - 458 493 440 426 424 477 Children's Classes and Events Attendence - - - - 25,529 28,532 25,857 24,675 22,851 26,032 Volunteer Hours - - - - 11,786 10,000 9,645 10,302 10,191 6,592 Sources: City of Cupertino and Santa Clara County Library District Function/Program CITY OF CUPERTINO Operating Indicators by Function/Program Last Ten Fiscal Years (Unaudited) 116. 152 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Public Works Centerlane Miles of Streets 142 142 142 142 142 142 142 142 142 142 Streetlights 2,950 2,950 2,950 2,950 2,950 2,950 2,950 2,950 2,950 2,950 Traffic Signals 39 39 48 48 48 48 48 52 52 52 Culture & Recreation Parks and Open Spaces 19 19 19 21 21 21 21 21 21 21 Park and Landscape Acreage 169 169 169 169 169 169 169 169 169 169 City Trails 1 1 1 3 3 3 3 3 3 3 Golf Courses 1 1 1 1 1 1 1 1 1 1 Community Center 1 1 1 1 1 1 1 1 1 1 Community Hall 1 1 1 1 1 1 1 1 1 1 Senior Center 1 1 1 1 1 1 1 1 1 1 Sports Center 1 1 1 1 1 1 1 1 1 1 Swimming Pools 1 1 1 1 1 1 1 1 1 1 Tennis Courts 17 17 17 17 28 28 28 28 28 28 Sports Fields 41 41 41 41 41 41 41 41 41 41 City Library 1 1 1 1 1 1 1 1 1 1 Source: City of Cupertino Function/Program CITY OF CUPERTINO Capital Assets Statistics by Function/Program Last Ten Fiscal Years (Unaudited) 117. 153 154 155 156 157 158 159 160 161 162 163 164 165 166 (Continued) 1. INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Honorable Mayor and City Council City of Cupertino, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Cupertino, California (City) as of and for the year ended June 30, 2020, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated March 6, 2020. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that were not identified. 167 2. Compliance and Other Matters As part of obtaining reasonable assurance about whether City’s financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely 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 effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Crowe LLP Costa Mesa, California March 6, 2020 168 1. To the Honorable Mayor and City Council City of Cupertino, California Professional standards require that we communicate certain matters to keep you adequately informed about matters related to the financial statement audit that are, in our professional judgment, significant and relevant to your responsibilities in overseeing the financial reporting process. We communicate such matters in this report. AUDITOR’S RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA Our responsibility is to form and express an opinion about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in conformity with accounting principles generally accepted in the United States of America. The audit of the financial statements does not relieve you of your responsibilities and does not relieve management of their responsibilities. Refer to our engagement letter with the City of Cupertino, California (City) for further information on the responsibilities of management and of Crowe LLP. AUDITOR’S RESPONSIBILITY UNDER GOVERNMENT AUDITING STANDARDS As part of obtaining reasonable assurance about whether the City’s financial statements are free of material misstatement, we performed tests of the City’s compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts or disclosures. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. PLANNED SCOPE AND TIMING OF THE AUDIT We are to communicate an overview of the planned scope and timing of the audit. Accordingly, the following matters regarding the planned scope and timing of the audit were discussed with you on July 28, 2020.  How we proposed to address the significant risks of material misstatement, whether due to fraud or error.  Our approach to internal control relevant to the audit.  The concept of materiality in planning and executing the audit, focusing on the factors considered rather than on specific thresholds or amounts.  Where the entity has an internal audit function, the extent to which the auditor will use the work of internal audit, and how the external and internal auditors can best work together.  Your views and knowledge of matters you consider warrant our attention during the audit, as well as your views on: o The allocation of responsibilities between you and management. o The entity's objectives and strategies, and the related business risks that may result in material misstatements. 169 2. o Significant communications with regulators. o Other matters you believe are relevant to the audit of the financial statements. SIGNIFICANT ACCOUNTING POLICIES AND MANAGEMENT JUDGMENTS AND ACCOUNTING ESTIMATES Significant Accounting Policies: The City Council should be informed of the initial selection of and changes in significant accounting policies or their application. Also, the City Council should be aware of methods used to account for significant unusual transactions and the effect of significant accounting policies in controversial or emerging areas where there is a lack of authoritative consensus. We believe management has the primary responsibility to inform the City Council about such matters. To assist the City Council in its oversight role, we also provide the following. Accounting Standard Impact of Adoption GASB Statement No. 95, “Postponement of the Effective Dates of Certain Authoritative Guidance” This Statement was issued to provide relief to governments in light of COVID-19 pandemic by postponing the effective dates of provisions in almost all standards and implementation guides due to be implemented for fiscal years 2020 and later. Adoption of this Statement did not have a material impact on the City’s financial position or results of operations. Significant Unusual Transactions. No such matters noted Significant Accounting Policies in Controversial or Emerging Areas. No such matters noted Management Judgments and Accounting Estimates: Further, accounting estimates are an integral part of the financial statements prepared by management and are based upon management’s current judgments. These judgments are based upon knowledge and experience about past and current events and assumptions about future events. Certain estimates are particularly sensitive because of their significance and because of the possibility that future events affecting them may differ markedly from management’s current judgments and may be subject to significant change in the near term. The following describes the significant accounting estimates reflected in the City’s year-end financial statements, the process used by management in formulating these particularly sensitive accounting estimates and the primary basis for our conclusions regarding the reasonableness of those estimates. Significant Accounting Estimate Process Used by Management Basis for Our Conclusions Fair Values of Investment Securities and Other Financial Instruments The disclosure of fair values of securities and other financial instruments requires management to use certain assumptions and estimates pertaining to the fair values of its financial assets and financial liabilities. We tested the propriety of information underlying management’s estimates. Useful Lives of Capital Assets Management has determined the economic useful lives of fixed assets based on past history of similar types of assets, future plans as to their use, and other factors that impact their economic value to the City. We tested the propriety of information underlying management’s estimates. Loss Contingencies The City consults with legal counsel to evaluate outstanding litigation, claims and assessments. Factors Based on information obtained from the City’s legal counsel regarding this matter and 170 3. Significant Accounting Estimate Process Used by Management Basis for Our Conclusions that affect management’s evaluation of litigation contingencies requiring disclosure include the nature of the contingencies and whether the outcome could have an effect on the consolidated financial statements. discussions with management, we concur with management’s determination that the loss contingency does not meet conditions for accrual of being both probable and estimable, and, thus, no accrual is recorded and no specific disclosures are required. Pension and Postretirement Obligations Amounts reported for pension and postretirement obligations require management to use estimates that may be subject to significant change in the near term. These estimates are based on projection of the weighted average discount rate, rate of increase in future compensation levels, and weighted average expected long-term rate of return on pension assets. We reviewed the reasonableness of these estimates and assumptions. AUDITOR’S JUDGMENTS ABOUT QUALITATIVE ASPECTS OF SIGNIFICANT ACCOUNTING PRACTICES We are to provide you our comments about the following matters related to the City’s accounting policies and financial statement disclosures.  The accounting policies to the particular circumstances of the City, considering the need to balance the cost of providing information with the likely benefit to users of the City’s financial statements, are appropriate.  Overall, the disclosures in the financial statements are neutral, consistent, and clear.  The effect of the timing of transactions in relation to the period in which they are recorded is appropriate.  There were no significant risks and exposures, or uncertainties that are disclosed in the financial statements.  There were no unusual transactions including nonrecurring amounts recognized during the period.  There were no particularly sensitive financial statement disclosures.  There were no factors affecting asset and liability carrying values, including the City’s basis for determining useful lives assigned to tangible and intangible assets.  There was no selective correction of misstatements, for example, correcting misstatements with the effect of increasing reported earnings, but not those that have the effect of decreasing reported earnings. CORRECTED AND UNCORRECTED MISSTATEMENTS Corrected Misstatements: We are to inform you of material corrected misstatements that were brought to the attention of management as a result of our audit procedures. There were no such misstatements. Uncorrected Misstatements: We are to inform you of uncorrected misstatements that were aggregated by us during the current engagement and pertaining to the latest and prior period(s) presented that were determined by management to be immaterial, both individually and in the aggregate, to the financial 171 4. statements taken as a whole. For your consideration, we have distinguished misstatements between known misstatements and likely misstatements. There were no such misstatements. OTHER COMMUNICATIONS Communication Item Results Other Information In Documents Containing Audited Financial Statements Information may be prepared by management that accompanies the financial statements. To assist your consideration of this information, you should know that we are required by audit standards to read such information and consider whether such information, or the manner of its presentation, is materially inconsistent with information in the financial statements. If we consider the information materially inconsistent based on this reading, we are to seek a resolution of the matter. We read the following items and noted no material inconsistencies or misstatement of facts in such information based on our reading thereof.  Management’s Discussion and Analysis  Information in Supplemental Section Significant Difficulties Encountered During the Audit We are to inform you of any significant difficulties encountered in dealing with management related to the performance of the audit. There were no significant difficulties encountered in dealing with management related to the performance of the audit. Disagreements With Management We are to discuss with you any disagreements with management, whether or not satisfactorily resolved, about matters that individually or in the aggregate could be significant to the City’s financial statements or the auditor’s report. During our audit, there were no such disagreements with management. Consultations With Other Accountants If management consulted with other accountants about auditing and accounting matters, we are to inform you of such consultation, if we are aware of it, and provide our views on the significant matters that were the subject of such consultation. We are not aware of any instances where management consulted with other accountants about auditing or accounting matters since no other accountants contacted us, which they are required to do by Statement on Auditing Standards No. 50, before they provide written or oral advice. Representations The Auditor Is Requesting From Management We are to provide you with a copy of management’s requested written representations to us. We direct your attention to a copy of the letter of management’s representation to us provided separately. Significant Issues Discussed, or Subject to Correspondence, With Management We are to communicate to you any significant issues that were discussed or were the subject of correspondence with management. There were no such significant issues discussed, or subject to correspondence, with management. Significant Related Party Findings and Issues We are to communicate to you significant findings and issues arising during the audit in connection with the City’s related parties. There were no such findings or issues that are, in our judgment, significant and relevant to you regarding your oversight of the financial reporting process. Other Findings or Issues We Find Relevant or Significant We are to communicate to you other findings or issues, if any, arising from the audit that are, in our professional judgment, significant and relevant to you regarding your oversight of the financial reporting process. There were no such other findings or issues that are, in our judgment, significant and relevant to you regarding your oversight of the financial reporting process. 172 5. We are pleased to serve the City as its independent auditors and look forward to our continued relationship. We provide the above information to assist you in performing your oversight responsibilities, and would be pleased to discuss this letter or any matters further, should you desire. This letter is intended solely for the information and use of the Mayor and City Council and, if appropriate, management, and is not intended to be and should not be used by anyone other than these specified parties. Crowe LLP Costa Mesa, California <Date> 173 REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON PROCEDURES To the Honorable Mayor and City Council City of Cupertino, California 10300 Torre Avenue Cupertino, California 95014-3202 Ladies and Gentlemen: We have performed the procedures enumerated below, which were agreed to by the Honorable Mayor and City Council of the City of Cupertino, California (the “City”) on the Appropriations Limit Worksheet (Worksheet), related to the City’s compliance with Section 1.5 of Article XIIIB of the California Constitution during the period ending June 30, 2020. Management is responsible for compliance with Section 1.5 of Article XIIIB of the California Constitution. The sufficiency of these procedures is solely the responsibility of the City. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Refer to Appendix A. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on compliance with Section 1.5 of Article XIIIB of the California Constitution. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the Honorable Mayor and the City Council and is not intended to be and should not be used by anyone other than these specified parties. Crowe LLP Costa Mesa, California March 6, 2020 174 APPENDIX A – SCHEDULE OF PROCEDURES AND FINDINGS The procedures to be performed were as follows: 1. Procedure: We obtained the Worksheet provided by the City and determined that the 2019-2020 Limit amounting to $104,753,580 and annual adjustment factors were adopted by Resolution 19-068 of the Honorable Mayor and City Council. We also determined that the population and inflation factors were selected by a recorded vote of the Honorable Mayor and City Council. Result: The procedures were performed without exception. 2. Procedure: We recomputed the 2019-2020 Appropriations Limit by multiplying the 2018-2019 Appropriations Limit by the adjustment factors. Result: The procedures were performed without exception. 3. Procedure: For the Worksheet, we agreed the Per Capita Income, County and City Population Factors to California State Department of Finance Worksheets. Result: The procedures were performed without exception. 175 REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON PROCEDURES To the Honorable Mayor and City Council City of Cupertino, California 10300 Torre Avenue Cupertino, California 95014-3202 Ladies and Gentlemen: We have performed the procedures enumerated below, which were agreed to by the Honorable Mayor and the City Council of the City of Cupertino, California (the “City”), on the Investment Policy of the City. The City’s management is responsible for the Investment Policy. The sufficiency of these procedures is solely the responsibility of those parties specified in this report. Consequently, we make no representation regarding the sufficiency of the procedures enumerated below either for the purpose for which this report has been requested or for any other purpose. Refer to Appendix A. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review, the objective of which would be the expression of an opinion or conclusion, respectively, on the Investment Policy. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the Honorable Mayor and City Council and is not intended to be and should not be used by anyone other than these specified parties. Crowe LLP Costa Mesa, California March 6, 2020 176 APPENDIX A – SCHEDULE OF PROCEDURES AND FINDINGS The procedures to be performed were as follows: 1. Procedure: We obtained the Investment Policies (policies), dated May 2019, approved by the Honorable Mayor and the City Council. We compared the investments authorized by the policy with the investments listed in the March 2020 Treasurer’s Investment Report to determine if all investment types are allowed by the investment policy. Result: The procedure was performed with no exceptions noted. 2. Procedure: We compared the City’s Investment Policy with California Government Code Section 53601 to determine whether the City’s Investment Policy complied with California Government Code Section 53601. Result: The procedure was performed with no exceptions noted. 3. Procedure: We compared the March 2020 Treasurer’s Investment Report with California Government Code Section 53646 to ensure that the March 2020 Treasurer’s Investment Report complied with California Government Code Section 53646. Result: The procedure was performed with no exceptions noted. 4. Procedure: We inquired of the Finance Manager whether investment performance statistics and activity reports were generated on a quarterly basis for presentation to the Oversight (Audit) Committee, City Manager and the Honorable Mayor and the City Council, as required by the Investment Policy. Result: The procedure was performed with no exceptions noted. 5. Procedure: We inquired of the Finance Manager and documented our understanding of the wire transfer procedures. Result: The procedure was performed with no exceptions noted. 6. Procedure: We randomly selected three investment sales/maturities from various quarters of Treasurer’s Reports and performed the following: • Traced investment type to the supporting broker’s confirmation and the Chandler Report. • Traced the maturity date to the supporting broker’s confirmation and the Chandler Report. • Traced the amount of the investment sold to the supporting broker’s confirmation and the Chandler Report. Result: The procedure was performed with no exceptions noted. 7. Procedure: We will randomly select two investments purchased (one as of October 2019 and one as of March 2020) for fiscal year 2020 from the City’s investments files and perform the following: • Trace the purchased investments to the corresponding Treasurer’s Investment Report for the month in which the investments were acquired. • Agree the amount, terms and interest rate to the Treasurer’s Investment Report. • Verify that the investment type is authorized by the Investment Policy by comparing the type of investment to the allowable types per the Investment Policy. Result: The procedure was performed with no exceptions noted. 177 8. Procedure: We obtained the Wells Fargo Bank Market/Cost Value Comparison Report, the City’s third party investment safekeeping custodian, for March 2020 and traced the following from each investment listed in the Wells Fargo statement to the City’s March 2020 Treasurer’s Investment Report: • Investment description • Market value • Purchase date • Maturity date • Coupon rate Result: Per observation of the Wells Fargo Bank Market/Cost Value Comparison report, purchase dates are not presented and could not be agreed to the City’s Treasury Investment Report. This section of the procedure could not be performed. The remainder of the procedure was performed with no exception. 9. Procedure: We traced three randomly selected Federal Agency investments that were purchased in fiscal 2020 and traced the reported ratings to Moody’s rating online. Result: The procedure was performed with no exception noted. 10. Procedure: For the March 2020 Treasurer’s Investment Report, we re-computed or obtained third-party corroborating evidence of the correct listing of • Average Yield • Market value • Purchase date • Duration Result: We obtained the March 2020 Treasurer’s Investment Report prepared by Chandler Asset Management, Inc. and the Wells Fargo Market/Cost Value Comparison. The procedure was performed with no exceptions noted. 178 CITY OF CUPERTINO TRANSPORTATION DEVELOPMENT ACT PROGRAM SPECIAL-PURPOSE FINANCIAL STATEMENTS June 30, 2020 179 CITY OF CUPERTINO TRANSPORTATION DEVELOPMENT ACT PROGRAM (A Program of the City of Cupertino, California) SPECIAL-PURPOSE FINANCIAL STATEMENTS June 30, 2020 CONTENTS INDEPENDENT AUDITOR'S REPORT .................................................................................................... 1 SPECIAL-PURPOSE FINANCIAL STATEMENTS SPECIAL-PURPOSE BALANCE SHEET ........................................................................................... 3 SPECIAL-PURPOSE STATEMENT OF REVENUES AND EXPENDITURES .................................. 4 NOTES TO SPECIAL-PURPOSE FINANCIAL STATEMENTS ......................................................... 5 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT AND OTHER MATTERS BASED ON AN AUDIT OF SPECIAL-PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS ............................................................................................. 6 180 (Continued) 1. INDEPENDENT AUDITOR'S REPORT Honorable Members of the City Council City of Cupertino, California Report on the Special-Purpose Financial Statements We have audited the accompanying special-purpose financial statements of the City of Cupertino (City) Transportation Development Act Program, as of and for the year ended June 30, 2020, and the related notes to the special-purpose financial statements, as listed in the table of contents. Management’s Responsibility for the Special-Purpose Financial Statements Management is responsible for the preparation and fair presentation of these special-purpose financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of the special-purpose financial statements that are free from material misstatement, whether due to fraud or error. Auditor’s Responsibility Our responsibility is to express an opinion on these special-purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the special-purpose financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the special-purpose financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the special-purpose financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the special- purpose financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 181 2. Opinion In our opinion, the special-purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Cupertino Transportation Development Act Program, as of June 30, 2020, and the changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note 1, the special-purpose financial statements were prepared for the purpose of complying with the financial reporting provisions of Section 6666 of Title 21 of California Code of Regulations and the provisions of the Transportation Development Act as enacted in the California State Statutes. The special-purpose financial statements do not purport to, and do not, present fairly the financial position of the City, as of June 30, 2020, the changes in its financial position or, where applicable, its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Restriction on Use Our report is intended solely for the information and use of the City and the State of California and is not intended to be and should not be used by anyone other than these specified parties. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 6, 2020 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 effectiveness of the City’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control over financial reporting and compliance. Crowe LLP Costa Mesa, California March 6, 2020 182 CITY OF CUPERTINO TRANSPORTATION DEVELOPMENT ACT PROGRAM (A Program of the City of Cupertino, California) SPECIAL-PURPOSE BALANCE SHEET June 30, 2020 See accompanying notes to special-purpose financial statements. 3. ASSETS -$ Total assets -$ LIABILITIES -$ DEFERRED INFLOWS OF RESOURCES -$ FUND BALANCE -$ Total liabilities, deferred inflows of resources and fund balance -$ 183 CITY OF CUPERTINO TRANSPORTATION DEVELOPMENT ACT PROGRAM (A Program of the City of Cupertino, California) SPECIAL-PURPOSE STATEMENT OF REVENUES AND EXPENDITURES For the year ended June 30, 2020 See accompanying notes to special-purpose financial statements. 4. Revenues TDA Article 3.0 (Note 3) 156,926$ Total revenues 156,926 Expenditures - Net change in fund balances 156,926 Fund balance at beginning of year (156,926) Fund balance at end of year -$ 184 CITY OF CUPERTINO TRANSPORTATION DEVELOPMENT ACT PROGRAM (A Program of the City of Cupertino, California) NOTES TO SPECIAL-PURPOSE FINANCIAL STATEMENTS June 30, 2020 5. NOTE 1 - DESCRIPTION OF REPORTING ENTITY The City of Cupertino, California (the City), Transportation Development Act Program (Program) includes the financial activities associated with the projects funded by the State of California Transportation Development Act (TDA). The State of California created a local transportation fund for each County funded by one-quarter of a cent of the State sales tax. Article 3 of the TDA permits local agencies to spend a portion of that money (not to exceed 2%) on facilities provided for the exclusive use of pedestrians and bicycles. Section 6666 of Title 21 of California Code of Regulations and the provisions of the Transportation Development Act as enacted in the California State Statutes, requires the City to present only program- level financial statements. Accordingly, due to the omission of government-wide financial statements and related disclosures, including a management’s discussion and analysis, these financial statements do not constitute a complete presentation of the financial position of the City as of June 30, 2020, and the changes in its financial position and where applicable, cash flows thereof, for the year then ended, in conformity with Governmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments, but otherwise constitute financial statements prepared in conformity with U.S. generally accepted accounting principles. NOTE 2 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting: The Program activities are accounted for in the Transportation Special Revenue Fund. A fund is a set of self-balancing accounts which comprise its assets, liabilities, fund equity, revenue and expenditures. Basis of Accounting: Basis of accounting refers to when revenues and expenditures are recognized. The projects are accounted for in a governmental type fund and the modified accrual basis of accounting is used. Under the modified accrual basis, revenues are recognized when they become measurable and available as net current assets. TDA Article 3.0 revenues are recognized when qualifying project expenditures are incurred. Expenditures are generally recognized when they are incurred. NOTE 3 - TDA ARTICLE 3.0 REVENUE During the year ended June 30, 2020 and, the City received allocation instructions from the Metropolitan Transportation Commission for the following project: Project Name Grant Award Revenue Bike Boulevard Improvement Phase II Project $ 166,259 $ - In the prior year, the following allocations were received and the revenue was recognized in the current fiscal year: Allocation Instruction # Project Name Grant Award Revenue 17001018 McClellan Road Sidewalk Construction $106,926 $106,926 17001019 Pedestrian Master Plan $ 50,000 $ 50,000 185 6. INDEPENDENT AUDITOR’S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE WITH THE TRANSPORTATION DEVELOPMENT ACT AND OTHER MATTERS BASED ON AN AUDIT OF SPECIAL-PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Honorable Members of the City Council City of Cupertino, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the City of Cupertino (City) Transportation Development Act Program as of and for the year ended June 30, 2020, and the related notes to the financial statements, and have issued our report thereon dated March 6, 2020. As discussed in Note 1, the special-purpose financial statements were prepared for the purpose of complying with the financial reporting provisions of Section 6666 of Title 21 of California Code of Regulations and the provisions of the Transportation Development Act as enacted in the California State Statutes. Internal Control Over Financial Reporting In planning and performing our audit of the special-purpose financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the special-purpose financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 186 7. Compliance and Other Matters As part of obtaining reasonable assurance about whether the City of Cupertino Transportation Development Act Program’s special-purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. Our procedures included the applicable audit procedures contained in §6666 of Title 21 of California Code of Regulations and tests of compliance with the applicable provisions of the Transportation Development Act and the allocation instructions and resolutions of the Metropolitan Transportation Commission. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely 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 effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Crowe LLP Costa Mesa, California March 6, 2020 187 CITY OF CUPERTINO Agenda Item 21-8781 Agenda Date: 2/22/2021 Agenda #: 5. Subject: Internal Audit Report (Enterprise Risk Assessment) - Moss Adams Review Internal Audit Report (Enterprise Risk Assessment) and provide input. CITY OF CUPERTINO Printed on 2/16/2021Page 1 of 1 powered by Legistar™188 This report is intended for the internal use of the City of Cupertino, and may not be provided to, used, or relied upon by any third parties. Proprietary & Confidential FINAL REPORT City of Cupertino ENTERPRISE RISK ASSESSMENT December 10, 2020 Moss Adams LLP 999 Third Avenue, Suite 2800 Seattle, WA 98104 (206) 302-6500 189 Enterprise Risk Assessment Report FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Table of Contents Executive Summary 1 A. Project Scope 1 B. Risk Assessment Framework 1 C. Risk Assessment Results 2 Introduction 3 A. Project Scope 3 B. Methodology 3 Risk Assessment Framework 4 C. Entity Overview 5 City Government 6 Community Characteristics 7 D. Risk Assessment Employee Survey Results 7 Risk Assessment Results 9 A. High Risk Categories 9 Governance 9 Procurement and Contracting 13 B. Moderate-to-High Risk Categories 15 External Environment 15 Human Capital and Resources 20 Information Technology 25 Planning and Strategy 29 Policies and Procedures 31 C. Moderate Risk Categories 33 Capital Improvement Program 33 Compliance and Financial Reporting 35 Ethics and Fraud, Waste, Abuse 38 Funding and Economics 41 190 Table of Contents – Continued Enterprise Risk Assessment Report FOR INTERNAL USE OF THE CITY OF CUPERTINO ONLY Internal Controls 43 Operations and Service Delivery 45 Organization and Staffing 47 Risk Programs 49 D. Low-to-Moderate Risk Categories 52 Accounting and Finance 52 Asset Management 54 Management and Leadership 56 Public Safety and Security 58 Reputation and Public Perception 60 Employee Survey Results 62 A. Survey Respondent Profile 62 B. Risk Category Ratings 63 191 Enterprise Risk Assessment Report | 1 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY EXECUTIVE SUMMARY This enterprise risk assessment provides a way for the leadership of the City of Cupertino (the City) to measure uncertainty related to the City’s ability to achieve defined strategic objectives and operate effectively. Risks are identified, analyzed, and measured by the level of inherent vulnerability, the level of preparedness to mitigate them, and the impact such negative events could have on Cupertino should they occur. For each of the risk categories assessed, our risk assessment includes an overview of the risk condition at the City of Cupertino, including the current risk level, likelihood, impact, preparedness, and trajectory. Risk mitigation identifies potential strategies to reduce overall risk for each category. The residual risk level represents the probable risk exposure after risk mitigation efforts are implemented. The elements below make up the risk assessment framework, which are industry standards and guided by the Committee of Sponsoring Organizations of the Treadway Commission’s (COSO) Enterprise Risk Management (ERM) methodology. RISK LEVEL Level of uncertainty that could impair functions and processes, in the absence of any actions taken to alter either the risk’s likelihood or impact. LIKELIHOOD Qualitative assessment of the probability of a negative event occurring, given the current risk conditions. IMPACT Level of potential impact of a negative event on strategy, people, operations, systems, and resources. PREPAREDNESS Level of preparedness through activities and resources to manage risks and minimize and limit potential losses. TRAJECTORY Trajectory of the risk level, given the current risk conditions. RISK MITIGATION Potential strategies for reducing risk. RESIDUAL RISK Possible remaining exposure after known risks have been mitigated through specific actions. 192 Enterprise Risk Assessment Report | 2 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY The risk assessment evaluates the organization’s risks across the following categories, organized alphabetically for each risk level. The table below presents the summary results of the assessment. RISK CATEGORY IMPACT LIKELIHOOD PREPAREDNESS TRAJECTORY High Risk Governance Moderate-to-High Moderate-to-High Low-to-Moderate Flat Procurement and Contracting Moderate-to-High Moderate Low-to-Moderate Increasing Moderate-to-High Risk External Environment High Moderate-to-High Moderate Increasing Human Capital and Resources Moderate-to-High Moderate-to-High Moderate Increasing Information Technology Moderate-to-High Moderate Moderate-to-High Increasing Planning and Strategy Moderate-to-High Moderate-to-High Low-to-Moderate Flat Policies and Procedures Moderate-to-High Moderate-to-High Moderate Flat Moderate Risk Capital Improvement Program Moderate-to-High Moderate Low-to-Moderate Flat Compliance and Financial Reporting Moderate Low-to-Moderate Moderate Increasing Ethics and Fraud, Waste, Abuse Moderate-to-High Low-to-Moderate Low-to-Moderate Flat Internal Controls Moderate Moderate Moderate Flat Operations and Service Delivery Moderate Moderate Moderate Flat Organization and Staffing Moderate Moderate-to-High Moderate Flat Risk Programs Moderate Low-to-Moderate Low-to-Moderate Flat Low-to-Moderate Risk Accounting and Finance Moderate Low-to-Moderate Moderate Decreasing Asset Management Moderate Moderate Moderate-to-High Decreasing Management and Leadership Moderate Low-to-Moderate Moderate-to-High Decreasing Public Safety and Security Moderate Low-to-Moderate Moderate-to-High Increasing Reputation and Public Perception Moderate Moderate Moderate-to-High Flat 193 Enterprise Risk Assessment Report | 3 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY INTRODUCTION The City of Cupertino (the City) engaged Moss Adams to conduct an independent enterprise risk assessment to analyze the City’s overarching areas of risk. In order to assess the overall risk level of the City and its comprehensive risk categories, the enterprise risk assessment process followed conventional Enterprise Risk Management (ERM) methodology as defined by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) and embraced by the Institute of Internal Auditors (IIA). This assessment was conducted under the oversight of the Audit Committee. The Moss Adams team evaluated 20 categories of risk, and business processes within each category, that collectively comprise operations across the organization. Risk assessments include identifying the current levels of risk, likelihood of occurrence of a negative event, the impact of a negative event, and the level of preparedness in terms of mitigating negative events. Using this information, the City can identify the most important areas of risk and prioritize management of these risks. All City departments were included in the risk assessment process. This assessment includes information provided by City Council members, Audit Committee members, senior leadership, managers, supervisors, and staff. The enterprise risk assessment process reflects a specific point in time: September 2020 to December 2020. Both the overall risk ratings and trajectory levels are directly connected to this timing. The enterprise risk assessment process consists of four phases: 1) planning, 2) fact finding, 3) analysis, and 4) reporting. Planning included requesting documents and identifying which individuals to interview and include in the survey process. Fact finding encompassed document review, analysis of existing data, interviews, and an online survey sent to City employees. Analysis included assessment of the level of uncertainty associated with each risk factor. Reporting entailed the development of draft and final deliverables, as well as follow-up discussions with management and presentation to key stakeholders. The activities and goals for each phase are described in detail below. PLANNING We began planning our assessment by requesting a standard set of documents from the City, including (but not limited to) prior risk assessments, audits, public website documents, and financial reports. We used these documents to identify the first round of individuals to interview and additional document needs based on business process/functional areas. 194 Enterprise Risk Assessment Report | 4 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY FACT-FINDING Fact finding encompassed analyzing received documents, interviewing employees and City Council members, and soliciting additional employee feedback via an online survey. During this phase, we gathered information in order to gain a clear understanding of the City and the way it operates to achieve its goals and purpose. ANALYSIS With the information collected and compiled, we performed a risk assessment that included a comprehensive review and analysis of the various categories of risks. This analysis included assessing current risk conditions and trajectory, the level of preparedness efforts to mitigate risks, and the probability and potential impact a negative event may have on the City’s ability to achieve its mission, vision, and strategic goals. REPORTING During this phase, we developed a draft report to engage in review and discussion with senior leadership. Based on feedback, we finalized the report for delivery to the City Manager and presentation to the Audit Committee. The enterprise risk assessment process relies heavily on evidence obtained from City employees. By design, the assessment process requires access to all senior leadership and many department and division managers. Full disclosure of information has been assumed in this process. The process to identify and assess risks considers both internal and external factors. As part of this risk assessment, Moss Adams used a variety of techniques, both qualitative and quantitative, to identify external and internal factors that contribute to risk. Risk assessments involve a dynamic and iterative process to identify and analyze risks to the City’s ability to achieve its objectives, forming a basis for determining how risks should be managed. For each of the risk categories assessed, our risk assessment includes an overview of the risk condition at the City, including the current risk level, likelihood, impact, preparedness, and trajectory. In addition, risk mitigation identifies potential strategies to reduce overall risk for each category, and residual risk represents the probable risk exposure after risk mitigation efforts have been implemented. The elements provided below make up the risk assessment framework, which are industry standard and defined by COSO’s ERM methodology. RISK LEVEL Level of uncertainty that could impair functions and processes, in the absence of any actions taken to alter either the risk’s likelihood or impact. ● Low ● Low-to-Moderate ● Moderate ● Moderate-to-High ● High 195 Enterprise Risk Assessment Report | 5 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY LIKELIHOOD Qualitative assessment of the probability of a negative event occurring, given the current risk conditions. ● Low ● Low-to-Moderate ● Moderate ● Moderate-to-High ● High IMPACT Level of potential impact of a negative event on strategy, people, operations, systems, and resources. ● Low ● Low-to-Moderate ● Moderate ● Moderate-to-High ● High PREPAREDNESS Level of preparedness through activities and resources to manage risks and minimize and limit potential losses. ● Low ● Low-to-Moderate ● Moderate ● Moderate-to-High ● High TRAJECTORY Trajectory of the risk level, given the current risk conditions. ● Decreasing ● Flat ● Increasing RISK MITIGATION Potential strategies for reducing risk. RESIDUAL RISK Possible remaining exposure after known risks have been mitigated through specific actions. ● Low ● Low-to-Moderate ● Moderate ● Moderate-to-High ● High Cupertino is a U.S. city of 11.31 square miles in Santa Clara County, California, directly west of San Jose on the western edge of the Santa Clara Valley with portions extending into the foothills of the Santa Cruz Mountains. Cupertino is bordered to the north by Sunnyvale, to the east by Santa Clara and San Jose, to the south by San Jose and Saratoga, and to the west by unincorporated Santa Clara County. 196 Enterprise Risk Assessment Report | 6 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY 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, and once a month during the summer, and is assisted by several citizen advisory commissions and the Audit Committee. TABLE 1: CITY ORGANIZATIONAL CHART 19 7 Enterprise Risk Assessment Report | 7 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY The City outsources multiple functions, including City Attorney, Fire, Police, Sewer, and Water. San Jose Water Company and California Water Service deliver water utilities to the City, while Pacific Gas and Electric (PG&E) provides gas and electric utilities. Over the past three years, City population, income, unemployment rate, and median age (41) have remained stable. Per capita income has risen slightly up to $63,817 in 2018-19, with unemployment dropping to an all-time low of 2.3%. However, this data does not reflect recent impacts on employment and income as a result of the COVID-19 pandemic. The City’s population is highly educated, with 97.1% of residents over age 25 having a high school degree and 77.2% having a bachelor’s degree. We administered a risk assessment survey to provide City staff the opportunity to identify perceived strengths and weaknesses of the City, which helped us assess potential opportunities for improvement and identify areas of specific vulnerability. The survey addressed a variety of topics and included rating scale questions and open-ended questions for each risk category. The confidential questionnaire was distributed to employees and was open for submission between September 23rd and October 1, 2020, via the research platform Qualtrics. Out of the 245 employees invited to take the survey, 112 individuals submitted responses to the survey, a strong participation rate of 45.7%. In general, staff survey responses are lower than the risk assessment results, which may be partially attributable to the use of averages in the analysis of employee survey results. RISK CATEGORY RISK ASSESSMENT EMPLOYEE SURVEY RESULTS Governance High Moderate Procurement and Contracting High Low-to-Moderate External Environment Moderate-to-High Moderate Human Capital and Resources Moderate-to-High Moderate Information Technology Moderate-to-High Low-to-Moderate Planning and Strategy Moderate-to-High Moderate Policies and Procedures Moderate-to-High Moderate Capital Improvement Program Moderate Low-to-Moderate Compliance and Financial Reporting Moderate Low-to-Moderate Ethics and Fraud, Waste, Abuse Moderate Low-to-Moderate Internal Controls Moderate Low-to-Moderate 198 Enterprise Risk Assessment Report | 8 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY RISK CATEGORY RISK ASSESSMENT EMPLOYEE SURVEY RESULTS Operations and Service Delivery Moderate Moderate Organization and Staffing Moderate Moderate Risk Programs Moderate Moderate Accounting and Finance Low-to-Moderate Low-to-Moderate Asset Management Low-to-Moderate Low-to-Moderate Management and Leadership Low-to-Moderate Moderate Public Safety and Security Low-to-Moderate Low-to-Moderate Reputation and Public Perception Low-to-Moderate Low-to-Moderate 199 Enterprise Risk Assessment Report | 9 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY RISK ASSESSMENT RESULTS For each of the risk categories assessed, our risk assessment includes an overview of the risk condition at the City, including the levels for overall risk, impact, likelihood, preparedness, and trajectory of the risk conditions. We identified potential risk mitigation strategies intended to reduce overall risk for each category. The residual risk level represents the probable risk exposure after risk mitigation efforts are implemented. The levels and corresponding color coding for each risk condition, impact, likelihood, preparedness, and trajectory are represented in the table below. Impact Likelihood Preparedness Trajectory High High Low Increasing Moderate-to-High Moderate-to-High Moderate-to-High Flat Moderate Moderate Moderate Decreasing Low-to-Moderate Low-to-Moderate Moderate-to-High Low Low High Overall Risk Level High Impact Likelihood Preparedness Trajectory Moderate-to-High Moderate-to-High Low-to-Moderate Flat Risk Mitigation ● Establish a three- to five-year strategic plan that identifies major City goals and activities (see Planning and Strategy section). ● Consider revisiting the mission and charter of committees to ensure they are effectively providing support to City operations. ● Provide Council members and Commissioners trainings related to governance roles and responsibilities. ● Revise the Council Policy Manual and Commissioner Policy Manual as necessary to better reflect elected and appointed officials’ respective roles and purview. Residual Risk Moderate 200 Enterprise Risk Assessment Report | 10 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Risk Areas: Risks associated with ongoing oversight; ethics and values; control environment; policy management; risk management; accountability; performance management; coordination and communication; and defined roles, responsibilities, and authorities. Scope: Governance is a process of overseeing an organization’s management of risk and control processes and is ultimately the responsibility of the City Council. Management is responsible for identifying and managing risks. City residents elect officials to provide community leadership and govern the administration of public services. The City operates under a Council-City Manager form of government, directed by a five- member City Council. Under this form of government, the City Council controls the administrative services of the City through the City Manager in order to balance technical staff input with the collective oversight of elected officials. Under the Council-City Manager form of government, neither the City Council nor individual Council members can direct any subordinates of the City Manager. Council elections take place every two years, with Council members serving staggered four-year terms. The Council has established a Council policy manual to define bylaws and procedures related to council operations in addition to Council-level policies. Based on a sample of the last 10 regular City Council meetings, meetings ranged in length from 1 hour and 35 minutes to 9 hours and 40 minutes with an average length of 5 hours and 28 minutes. Three meetings ended after 12 a.m. including one that ended at 4:25 a.m. This is indicative of a governing body that is not in alignment with management. When public meetings extend late into the night, public transparency can be compromised as most community members are unable or unwilling to attend the full meeting given their other obligations. Extended meetings also impact the workloads of City staff, who attend meetings in addition to regular duties, and elected officials, who may also be employed in other capacities. Meeting Date Duration Meeting Date Duration 9/15/2020 5 hours 6/2/2020 4 hours, 49 minutes 8/18/2020 9 hours, 40 minutes 5/19/2020 5 hours, 53 minutes 7/21/2020 6 hours, 50 minutes 5/5/2020 3 hours, 23 minutes 7/7/2020 5 hours, 8 minutes 4/21/2020 4 hours, 49 minutes 6/16/2020 7 hours, 33 minutes 4/7/2020 1 hour, 35 minutes Staff and elected officials report potential role confusion related to directing operational matters. As noted in the Planning and Strategy section, the Council sometimes operates at more of an operational rather than strategic level, focusing on immediate action items and implementation details rather than setting long-term strategic goals. This contributes to a reactive environment where staff priorities can quickly change depending on the Council’s interests. Additionally, within the sampled 201 Enterprise Risk Assessment Report | 11 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY meetings, Council members sometimes spoke on items that were not on the agenda, in violation of the Brown Act. As noted below, survey respondents reported a variety of experiences and perceptions of the City Council’s strategic direction for the City. The responses below indicate opportunities for improvement to strengthen policy governance and prioritization of initiatives within available resources. Q: How would you rate the quality of the strategic direction for the City overall provided by City Council? The City has established one Board Committee (the Audit Committee) and multiple commissions to assist and advise the Council and staff on community issues. The purpose and membership of each commission is detailed in the table below. Commission/ Committee Purpose Number of Members (#) Audit Committee ● Reviews the annual audit report and management letter ● Recommends appointment of auditors ● Reviews the monthly Treasurer’s report ● Recommends a budget format ● Reviews City investment policies and internal controls of such policies 4 to -5; 2 from City Council Bicycle Pedestrian Commission ● Reviews, monitors, and makes recommendations regarding City transportation matters including but not limited to bicycle and pedestrian traffic, parking, education, and recreation within Cupertino. 5 Fine Arts Commission ● Fosters, encourages, and assists in the realization, preservation, and advancement of fine arts for the benefit of the citizens of Cupertino. 5 Housing Commission ● Assists the Housing Division in developing housing policies and strategies; recommends policies for implementation and monitoring of affordable housing projects; helps identify sources of funding for affordable housing; and performs other advisory functions authorized by the Council. 5 Library Commission ● Advises Council on the adequacy of library service within the community and such other matters relating to library service as specified by the City Council; and serves as liaison between the City and the Santa Clara County library system. 5 3% 27% 30% 24% 17% Excellent Good Average Poor Terrible 202 Enterprise Risk Assessment Report | 12 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Commission/ Committee Purpose Number of Members (#) Parks and Recreation Commission ● Advises the City Council on municipal activities in relation to parks and recreation, including park site acquisition and development, recreation program policy, and expansion of the park program as development occurs. 5 Planning Commission ● Advises the Council on land use matters such as specific and general plans, zonings, and subdivisions. 5 Public Safety Commission ● Advises the Council on all areas relating to public safety, traffic, and policy, fire, and other matters. 5 Sustainability Commission ● Serves in an advisory capacity to the City Council and provide expertise and guidance on major policy and programmatic areas related to the environmental, economic, and societal goals noted within Cupertino’s Climate Action Plan (CAP) and General Plan (GP) Environmental Resources/Sustainability Element. 5; including 1 from a Cupertino-based educational institution and, 1 from a Cupertino-based business Teen Commission ● Advises the City Council and staff on issues and projects important to youth. 9 Technology, Information, and Communication Commission ● Advises the City Council on all matters relating to telecommunications within the City of Cupertino, including evaluating compliance with any agreement between the City and a telecommunications provider and conducting periodic reviews of providers, facilities, and products. ● Provides support for community access television, especially public and education access, and gives guidance when needed for development and implementation of access channels and programming. 5 These commissions offer an opportunity for residents to engage with and have an impact on their local government. However, staff report that commissioners do not consistently have a good understanding of their role in advising, rather than directing, the Council and City staff. The role of the commissions could be better defined and articulated in the City’s Commissioner Handbook, which may require revisions. Approximately half (47%) of survey respondents reported that the City’s commissions and committees are either not effective at all or slightly effective. No respondents reported that these governance structures were extremely effective. Q: How would you rate the effectiveness of the commissions and committees currently in place at the City? 6% 47% 33% 14% Extremely effective Very effective Moderately effective Slightly effective Not effective at all 203 Enterprise Risk Assessment Report | 13 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level High Impact Likelihood Preparedness Trajectory Moderate-to-High Moderate Low-to-Moderate Increasing Risk Mitigation ● Update procurement policies and procedures to develop a comprehensive set of citywide guidance for all employees involved in procurement processes. ● Review the purchasing card program structure, including purchasing activity, business needs by roles, and program oversight. ● Assess the City’s contract management processes for opportunities to improve efficiency, streamline communication, and incorporate best practice elements including equity and sustainability factors. ● Create vendor management procedures, including data entry definitions, compliance checklists, templates for service level agreements, periodic review processes, and triggers for removal. ● Review the City’s current procurement structure and evaluate opportunities for potential centralization. Residual Risk Low-to-Moderate Risk Areas: Risks associated with purchasing processes and contract administration for goods and services, including cost-savings, efficiencies and effectiveness, transparency, adherence to laws and regulations, monitoring costs and vendor payments, supply chain risks, and vendor performance and service delivery. Scope: Procurement and contracting includes purchasing processes (e.g., purchase requisitions, due diligence, approvals, purchase orders, receiving) and contract administration (e.g., compliance with terms and conditions, payments, change orders) for goods and services. In any public organization like the City, procurement processes are the means through which critical and strategic services, supplies, and construction are purchased to support essential City functions. The City’s procurement model is highly decentralized, with departments primarily responsible for conducting and managing purchasing and contracting activity with support from the Finance division and the City Attorney’s Office (CAO). Currently, most departments delegate responsibility for procurement activities to their management analyst. A highly decentralized procurement model requires that central leadership provide strategic direction, clear accountability, and consistent guidance across procurement-related processes. To operate effectively and efficiently, this should include having up-to-date comprehensive policies and procedures, regular training of staff involved in purchasing, and transparency through reporting. The City’s procurement policy document was last formally updated in 2013; however, the Finance division drafted but did not finalize an updated version in 2018. When asked about policies and procedures needed at the City, multiple staff noted the need for expanding the documentation around the City’s credit card program and procurement practices. 204 Enterprise Risk Assessment Report | 14 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY PURCHASING Much of the purchasing activity within the City is conducted within the purchasing module of the City’s enterprise resource planning (ERP) system, Logos. The City is also a participating member of the California Purchase Card (CAL-Card) Program, in which employees are given credit cards that are the equivalent of a petty cash fund with various dollar limits that can be used for work-related items. Purchasing cards are intended to help expedite purchasing for urgent repairs and other items needed immediately, but they also come with increased risks. The Finance division currently administers the program and is responsible for ensuring only current employees have active cards. The division introduced additional checks and balances within the last year, but staff reported the program as one that the City should assess and review through the lens of internal controls. Employees report limited training is available for purchasing-related activities (including CAL-Cards), which currently consists of requiring staff to review the user agreement and the policy. For more technical training on accessing accounts and reporting, the City may be able to leverage the CAL- Cards provider for additional resources. The City does not have clear policy requirements or an accountability mechanism to ensure that individuals in positions with purchasing-related responsibilities attend both initial training and ongoing refresher courses. Therefore, credit card use, including users and approvals of purchases, was noted as being not always clear for staff. CONTRACTING The City outsources many services, and staff are responsible for managing multiple types of contracts. The CAO has developed standardized templates that staff can choose from to support contracting activities. The City recently implemented the use of Cobblestone, an electronic contract processing software and document repository that is intended to house all City contracts eventually. The City’s IT team also developed a Bid Management application for publishing City RFPs and providing capability for vendors to submit bids electronically. Public procurement processes are complex, and regulation driven. Because the City outsources a variety of functions and activities, both large and small, it is essential that procurement practices adhere to public procurement code, well-defined City policies, and best practices. However, staff report minimal oversight of the contracting process, and limited compliance checks to ensure public procurement regulations are adhered to by staff. Staff have reportedly not initially chosen the correct type of contract for a project, and multiple employees reported a lack of citywide contract management guidance. Employees identified the need for more contract management specific training, as well as a desire for more detailed guidance on the contracting processes. Q: How would you rate the contracting process? 8% 38% 36% 18% Excellent Good Average Poor Terrible 205 Enterprise Risk Assessment Report | 15 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Additionally, the City’s current procurement policy does not actively incorporate equity and environmental factors into procurement processes, a growing area of best practice in public procurement. VENDOR MANAGEMENT An effective risk management strategy for local government entities is to establish a process for assessing and monitoring vendor performance and compliance. The City does not have a formal vendor management program, although some vendor due diligence is conducted during the current contracting process. Without comprehensive guidance to staff on how to manage contracts and vendors, there can be inconsistency between different types of vendors or contracts. Ultimately, this can result in inadequate contract management oversight, resulting in elevated costs for compromised products or services. Finally, a key element for vendor management is conducting a vendor risk assessment for major vendors. The outcome of a vendor risk assessment should allow the City to rank vendors based on their access to confidential or sensitive information, the criticality of the product/service they provide, and the complexity of the product/service they provide. For top-tier vendors, the City’s procedures should include a request to review the vendor’s disaster recovery and business continuity plans. Overall Risk Level Moderate-to-High Impact Likelihood Preparedness Trajectory High Moderate-to-High Moderate Increasing Risk Mitigation ● Develop a housing action to support additional affordable housing units and retain the character of the community. ● Coordinate with regional partners to address homeless encampments and dedicate resources to provide support services as necessary. ● Continue to evaluate the impact of COVID-19 on the community and City revenues. Residual Risk Moderate-to-High 206 Enterprise Risk Assessment Report | 16 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Risk Area: Risks associated with events outside of an organization’s control. Scope: External risks typically include economic trends, natural disasters, climate change, affordable housing, political lobbying and legislative changes, and interagency relations. The City experiences multiple external risk factors that are largely outside of its control. Examples include natural disasters, climate change, and macroeconomic changes such as interest rates and industry shifts. Organizations typically cannot influence the likelihood of these events. Mitigating these risks requires a different approach from the other risk categories identified in this assessment. The approach for mitigating external risk factors should include risk identification and subsequent scenario analysis/testing to determine if the City has the necessary resources to mitigate the impact of an external risk event. LEGAL AND REGULATORY CHANGES While the City is subject to many laws and regulations (see the Compliance and Financial Reporting section of this report), mandates from the State often have significant impacts on the City. For example, as a result of a housing shortage, California’s housing costs have been rising consistently over the last few decades. High housing costs make it difficult for many Californians to find housing that is affordable and meets their needs. As part of State activities to address this issue, the proposed Regional Housing Needs Assessment (RHNA) mandates that the City plan for 1,064 dwelling units between January 2014 through October 2022 period. Staff report that these requirements have provoked significant concerns from community members about how the City will retain the character of the community and manage the increased infrastructure needs to support these additional units. According to the California Department of Housing and Community Development, only 308 out of the required 756 dwelling units have been added to the City’s housing stock, the majority of which apply to moderate or above- moderate income categories. Only 5% of the City’s allocation of the very low-income unit quota was addressed, and no low-income units were added to the City’s housing stock. This demonstrates high risk of noncompliance with State regulations and the Association of Bay Area Governments agreed- upon housing need allocations. As noted in the Affordable Housing section below, the City reports that it has approved developer projects that would add additional affordable housing units, but developers have been slow to break ground. Q: City risk from state and federal regulations AFFORDABLE HOUSING Aside from the challenges posed by RHNA, access to stable and affordable housing within the City and the greater region is an increasingly difficult challenge. Data from the U.S. Census shows that both owner and rental costs within the City are significantly higher than the surrounding County 11% 18% 28% 28% 16% Low Low to Moderate Moderate Moderate to High High 207 Enterprise Risk Assessment Report | 17 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY average and the U.S. national average. For example, the City’s median monthly rental costs (rent plus cost of utilities) in the City is 41.3% higher than the County average and over twice as much as the U.S. national average as shown in the table below. This lack of affordable housing increases risks to the City relative to recruiting and retaining employees. 2018 HOUSING STATISTICS Cupertino Santa Clara County U.S. Average % diff. from County % diff from U.S. Value of owner- occupied housing $1,584,600 $913,000 $204,900 73.6% 673.4% Monthly owner costs (with mortgage) $4,000+ $3,229 $1,558 -- -- Monthly owner costs (without mortgage) $850 $755 $490 12.6% 73.5% Gross rent – median $3,005 $2,126 $1,023 41.3% 193.7% Source: U.S. Census Bureau, 2020 The City requires 15% of all new construction be affordable to households below 120% of the County median income. The City contracts with West Valley Community Services to screen and place qualified households in most of the city’s below market rate units, and the vendor also maintains a waiting list due to a shortage of available units. The City reports that it has rezoned and approved projects, but developers are not building due to the perception that there is no longer a market for the high cost rental housing needed to make the projects financially viable. Additionally, State housing bills take away the City’s ability to choose projects that are right for the community and aligned with General Plan. In the employee survey, 52% of respondents characterized the risk from insufficient affordable housing as a high risk to the City. Q: Level of risk due to a lack of affordable housing Insufficient levels of affordable housing across the State of California contributes to elevated levels of homelessness. According to the last homeless census, Cupertino’s homeless population grew by 28%—from 127 to 159 people—between 2017 and 2019. The COVID-19 pandemic has resulted in a growing number of unsheltered persons, with several visible encampments in the City appearing since March 2020. In interviews and survey responses, City staff noted that the community expects the City to act on submitted concerns related to homelessness and remove unsheltered people from illegal encampments. Since both Police and Fire services are outsourced to the County, the only traditional resource for addressing homelessness at the City is the Code Enforcement function. There is concern that Code Enforcement lacks clear and consistent guidance on the roles, responsibilities, and resources necessary to address different complaints, which may vary depending on the location, 4% 6% 15% 23% 52% Low Low to Moderate Moderate Moderate to High High 208 Enterprise Risk Assessment Report | 18 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY owner, or type of property. As levels of homelessness in the region continue to escalate, the City may need to evaluate its homeless response and resource dedication. Q: Level of risk from homelessness in the community COVID-19 UNCERTAINTY The COVID-19 pandemic has impacted the City community in new, unprecedented ways. For example, many small businesses and restaurants in Cupertino have closed temporarily or potentially permanently as a result of the State-mandated shelter-in-place and subsequent operating requirements and restrictions. This has a significant impact on the Cupertino community and could impact the City’s revenues going forward. While the City has not yet been significantly impacted financially from the pandemic, reduced revenues are likely due to significantly decreased tourism, events, new development, and business activity in the community. Additionally, COVID-19 has required businesses, including Apple and the City itself, to rely heavily on employees working remotely. If continued, this trend could reduce traffic, housing prices, and commercial activity within City limits as employees that typically would live close to their offices can reside elsewhere. In the employee survey, responses reflected the uncertainty related to the COVID-19 pandemic’s impact on the organization. Q: Level of risk from industry changes and major employers GROUND TRAFFIC The Bay Area consistently ranks on national worst traffic lists, and the congestion the City experiences is reflective of this reality. Many people drive through the City of Cupertino in order to commute between work and home in the Bay Area, making some main thoroughfares particularly vulnerable to traffic congestion, especially those routes that help drivers avoid the highway. In 2019, the City launched Via, an on-demand micro-transit system to all of Cupertino and beyond that connects the City to regional rail service. This could mitigate traffic concerns; however, the COVID-19 pandemic temporarily shut down the service. The City’s Transportation Manager is actively involved in regional traffic management, with a focus on implementing viable solutions. Despite the City’s efforts, 53% of survey respondents reported risk levels from traffic and commuting as high or moderate-to-high. 13% 27% 27% 18% 15% Low Low to Moderate Moderate Moderate to High High 12% 14% 30% 24% 21% Low Low to Moderate Moderate Moderate to High High 209 Enterprise Risk Assessment Report | 19 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: Level of risk from traffic and commuting NATURAL DISASTERS According to the City’s General Plan, the City coordinates its emergency planning efforts with federal, state, and regional resources to ensure a consistent, integrated, and efficient approach to emergency planning. The City employs an Emergency Manager who coordinates with the Santa Clara County Sheriff’s Office and Fire Department to plan and react to emergencies. The City is susceptible to various natural hazards including drought, earthquakes, extreme heat, floods, wildfire, and other environmental shifts related to climate change. Due to Cupertino’s geographical location, there are risks related to both urban and wildland fires. Three acres of the City are in the High and Very High Fire Hazard Severity Zone, which was adopted as a Wildland-Urban Interface Fire Area (WUIFA). Properties in a WUIFA are subject to additional standards intended to manage community safety through availability of access roads and water. Research suggests that wildfire prone regions can anticipate future extensions and increased severity of wildfire season, including power line shut offs to decrease the risk of fires starting during certain weather conditions. Additionally, Cupertino is in the seismically active Bay Area, which has several active fault lines including the San Andreas fault, the Sargent-Berrocal, and Monta Vista-Shannon faults. Seismically induced ground shaking, surface fault rupture, and various forms of earthquake-triggered ground failure are anticipated within the City limits, which impacts property and public safety. Finally, the City and Santa Clara Valley Water District are actively involved in programs to minimize the risk of flooding in the city, including developing a flood management program for the flood plain of Stevens Creek between Interstate 280 and Stevens Creek Boulevard. Structural improvement may eventually be necessary to protect properties from a significant flood event. CLIMATE CHANGE Climate change is a complex issue that imposes multiple challenges on public agencies, which include defining how climate change relates to existing scopes of work and how to develop a plan to address climate change. While climate change itself is not a distinct hazard, the effects of it can exacerbate hazards and risks. These include increasing average temperatures, more heat waves and extreme heat days, more extreme weather, rising sea levels, worsening air pollutions, and more vector-borne diseases. These changing conditions can have devastating effects on the regional economy, urban infrastructure, public health, recreation, agriculture, and the environment. As noted previously, given the city’s proximity to waterways, issues related to sea level change may be highly impacted. Similarly, increasing levels of wildfires and hazardous smoke conditions present additional risk to the community as dry conditions persist longer. In 2015, the City developed a Climate Action Plan designed to reduce greenhouse gas emissions. According to the 2018 Progress Report on the Climate Action Plan, the City successfully reduced 8% 14% 26% 32% 21% Low Low to Moderate Moderate Moderate to High High 210 Enterprise Risk Assessment Report | 20 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY greenhouse gas emissions by 24% below 2010 levels, achieving its 2020 goal ahead of schedule despite an increase in people and jobs in the community. In September 2018, the City declared a climate emergency that called on government agencies to initiate emergency mobilization efforts to mitigate climate change. In the employee survey, nearly half (48%) of respondents noted climate change as a high or moderate-to-high risk to the City. Q: Level of risk from impacts of climate change Overall Risk Level Moderate-to-High Impact Likelihood Preparedness Trajectory Moderate-to-High Moderate-to-High Moderate Increasing Risk Mitigation ● Transition performance appraisals to an online platform and revise the process to provide a meaningful experience to employees. ● Reevaluate the performance improvement plan process to promote employee accountability at all levels. ● Develop succession plans for key positions. Residual Risk Low- to -Moderate Risk Areas: Risks associated with labor management/contracts, employee performance, training, compensation, benefits, turnover, grievances, overtime, resource availability, and communication. Scope: Human capital and resource practices can span functions including hiring, orientation, training, evaluating, counseling, career planning, compensation and benefits, and housing the policies that define an organization’s expected levels of integrity, ethical behavior, and competence. The Human Resources department at the City has 3.85 budgeted FTEs in the 2020-21 fiscal years. The positions consist of an HR Manager, two HR Analysts, an HR Technician, and a part-time HR Assistant. HR appears to be sufficiently staffed. However, recent COVID-19 related regulations have significantly impacted the workload of HR staff, as laws, regulations, risks, and guidance constantly 14% 15%22% 23% 25% Low Low to Moderate Moderate Moderate to High High 211 Enterprise Risk Assessment Report | 21 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY fluctuated from the state and federal government. This experience demonstrated the need to increase skills and staffing in the City’s benefits function. The City collaborates with two bargaining units that represent 120 City employees; the remaining 70 employees are not represented. Overall, most survey respondents (78%) reported HR customer service as excellent or good, indicating high levels of satisfaction with the team. Q: How would you rate the quality of internal customer service provided by staff in the HR Department? In FY 2020-2021, the City had 197.75 authorized positions in its budget. City staff report that leadership planned to bring new position requests to City Council over the next 3 years, but these were indefinitely postponed following the COVID-19 pandemic. Existing staff demographics tend to be moderately reflective of the local community, which consists of a large population from Asian countries. As of October 2020, two-thirds of staff were men and half of staff were white. RECRUITING Unlike other public agencies, the City appears to be able to recruit high-quality talent relatively easily despite local traffic and high-cost conditions. The City does not have a civil service system, which helps expedite the overall recruiting process; 86% of survey respondents reported that they receive average, good, or excellent support during the City’s recruitment process. Additionally, almost two- thirds (62%) of survey respondents reported that the City’s compensation and benefits competitiveness was excellent or good. This suggests that the City’s pay scale may help recruit and retain highly qualified candidate, which provides a cascading benefit to the community. Q: How would you rate the City’s recruitment process and support? 40% 38% 17% 2%2% Excellent Good Average Poor Terrible 14% 29% 43% 14% Excellent Good Average Poor Terrible 212 Enterprise Risk Assessment Report | 22 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: How would you rate the competitiveness of the City’s compensation and benefits? PERFORMANCE MANAGEMENT The City currently conducts performance appraisals using a manual, paper-based Adobe system. This presents challenges in creating a seamless performance management environment that encompasses employee goals, trainings, and growth over time. Evaluations are conducted on a rolling basis, rather than on a regular annual calendar, which can decrease the likelihood that all staff receive appraisals on time. Currently, the content of performance appraisals is also standard for most municipalities and may not provide a meaningful process for employees and supervisors to set goals and support employee accountability and growth. Finally, there are no formal opportunities to provide upstream or 360 evaluations, so management may not receive feedback from the staff that they supervise. While many survey respondents reported the effectiveness of the performance evaluation process was at least moderately effective (69%), almost a third rated the process as only slightly effective or not effective at all. Additionally, 17% of survey respondents reported that they did not receive constructive guidance from their manager or supervisor. Q: How would you rate the effectiveness of the current performance evaluation/appraisal process? Q: How would you rate any constructive guidance you have been provided on how to improve any performance gaps (clear steps on what needs to be improved and what that improvement looks like)? Accountability is also a commonly cited performance management challenge at the City. Approximately one-third of all respondents (35%) reported that non-supervisory staff are sometimes or never held accountable for their actions. This perception was approximately the same for management-level employees. One of the contributing factors to employee accountability is likely the 23% 39% 34% 5% Excellent Good Average Poor Terrible 6% 21% 43% 19% 12% Extremely effective Very effective Moderately effective Slightly effective Not effective at all 15% 29% 26% 8% 4%17% Excellent Good Average Poor Terrible Not received 213 Enterprise Risk Assessment Report | 23 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY process for placing an employee on a performance improvement plan, which was rated as poor or terrible by almost half (44%) of survey respondents. Q: How often are non-supervisory employees consistently held accountable for their actions? Q: How often are management-level employees consistently held accountable for their actions? Q: How would you rate the process for placing low-performing employees on a performance improvement plan and take subsequent action if no improvements are made? RETENTION In general, the City has a strong track record of retaining employees. Within the past three years, the City’s turnover rate for FTEs has ranged between 7% and 11%, which is well below the average turnover rate for local government agencies, which typically falls between 19% and 20%. While some variation exists between among specific departments and divisions, staff generally report that there is a positive work environment at the City. This is reflected in the responses to survey questions about the City efforts to establish a welcoming workplace culture. Q: How well has the City established a welcoming workplace culture? 16% 39% 10% 32% 3% Always Most of the time About half the time Sometimes Never 12% 46% 7% 22% 14% Always Most of the time About half the time Sometimes Never 6% 50% 19% 25% Excellent Good Average Poor Terrible 24% 43% 26% 5% 3% Extremely well Very well Moderately well Slightly well Not well at all 214 Enterprise Risk Assessment Report | 24 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY HR recently implemented its first citywide employee engagement initiative, which included an employee survey and cross-functional work groups to develop action plans. This effort builds on the City’s strength in creating a high-performing and welcoming workplace culture. SUCCESSION PLANNING In general, the public sector is experiencing significant challenges associated with an aging workforce reaching retirement eligibility. As of October 2020, 42.6% of the FTEs at the City were eligible for retirement in five years, based on the CalPERS requirement of five years in the California retirement system and age 50 years. The table below presents the number and percentage of FTEs by department who are eligible for retirement, which shows elevated risk among Public Works, the City Manager’s Office, and department heads. Of those eligible employees, 48.8% are in operational or technical positions; 16.7% are in professional positions; and 34.5% are in supervisory & management positions. 5 14.9 33.6% 60% 20% 20% 7 16.85 41.5% 14% 43% 43% 11 27.49 40.0% 45% 36% 18% 3 11.93 25.1% 0% 33% 67% 11 30.9 35.6% 64% 0% 36% 44 89.15 49.4% 57% 11% 32% 3 6 50.0% 0% 0% 100% Total 84 197.22 42.6% 49% 17% 35% The City has not yet institutionalized succession planning efforts across departments. The HR department has identified the need to perform additional collaborative work to ensure that there are strong career paths and cross-training opportunities within all departments. However, without a deliberate, institutionalized program for effective knowledge management and transfer, a significant amount of institutional knowledge and technical expertise citywide is at increased risk of being lost. When staff leave positions, it can create gaps in institutional knowledge, increase stress, and slow operations. This is particularly true if several members of a team leave the organization within a close timeframe or team members are not cross-trained. Staff departures also increases the risk of losing institutional knowledge without strong document management practices in place. 215 Enterprise Risk Assessment Report | 25 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY In order to support both succession planning and employee retention, the City developed a new program called Building Employee Skills through Training (“BEST”) in the FY 2020-21 budget. In the employee survey, most respondents (66%) reported that access to training and professional development opportunities were either good or excellent. While training is a vital component to a comprehensive succession planning initiative, it will not address all City needs. Q: How would you rate your access to the training and professional development resources you need to grow your career? Overall Risk Level Moderate-to-High Impact Likelihood Preparedness Trajectory Moderate- to High Moderate Moderate-to-High Increasing Risk Mitigation ● Continue to assess opportunities to connect systems and integrate data flows. ● Continue to hold all departments accountable to following the IT governance model. ● Pursue the action items and recommendations identified in the Cybersecurity section. ● Connect with other local governments and agencies to increase collaboration and resource-pooling related to cybersecurity best practices. Residual Risk Moderate Risk Areas: Risks associated with the design, development, implementation, administration, operations, and maintenance of information systems including change management and system development life cycle. Also includes risks to infrastructure, system performance, data architecture and management, integration, back-up, security, and controls. Scope: The importance and pervasiveness of information technology and information systems continues to rapidly expand, regardless of organization. Cities rely heavily on hardware, software, and technology equipment to run their operations, and technology has become part of the backbone of local government operations, as the integration of 28% 38% 21% 11% 2% Excellent Good Average Poor Terrible 216 Enterprise Risk Assessment Report | 26 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY systems evolves and reliance on technology continues to increase. The City’s Innovation and Technology (IT) department consists of 12 full-time positions and three part-time positions. There are three major teams within the department: Applications, GIS, and Infrastructure. The Applications division supports the City’s enterprise applications like ERP, Land Management System, Recreation System, Laserfiche, as well as the many e-services custom applications like bid management, permit parking, business licenses, and the city’s mobile apps. The GIS Division builds web applications for staff and the public to use as a tool in their daily workflows. The Infrastructure team is responsible for the acquisition, maintenance, and support of all computer hardware necessary for the City's network (server, storage, switch, security, appliance) and end user services (PC, tablet, VoIP devices, smartphones). Employees across the City consistently rated the IT department highly, and consistently highlighted how the talented individuals who staff the department have been responsible for the IT-related success stories, including the relatively smooth transition to remote work in response to the COVID- 19 pandemic. Q: How would you rate the quality of the internal customer service provided to staff by the IT support team? IT GOVERNANCE IT governance plays an important role in local governments to optimize technology purchases, systems integration, and access to information to support decision making. The City has created the Innovation & Technology Administration program, which is responsible for the strategic planning, governance, and policy setting related to the use of digital services for the City. Some staff report instances of departments not including the IT department early enough in the procurement process when acquiring new systems or applications, resulting in increased risks to data security, successful implementation, and other technical challenges. Additionally, staff report that when IT is not sufficiently involved, the subject matter expert on the new system tends to reside within a department. This practice can result in conflicting guidance or inefficient use of the system since other employees may not be equipped with the appropriate skills or expertise to troubleshoot system issues. SYSTEMS AND HARDWARE Employees report a high quality in the hardware and software systems currently in use at the City. One of the needs employees identified related to IT was a desire for IT to continue to strengthen system integration and data flow automation to reduce manual processes. According to information gathered from interviews, surveys, and document review, the City does lack some key systems that would increase efficiency and effectiveness. Examples of missing systems include a comprehensive 73% 22% 5% Excellent Good Average Poor Terrible 217 Enterprise Risk Assessment Report | 27 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Human Resources Information System, Learning Management System, and performance management system to automate performance evaluations. Q: How would you rate the quality of the information technology hardware (computers, accessories, etc.) that you currently have and use in your role? Q: How would you rate the quality of the information technology systems (software, applications, programs, etc.) that you currently have and use in your role? CYBERSECURITY Cybersecurity is a known area of high risk, though the City continues to focus on strengthening the IT Disaster Recovery Plan and other contingency efforts. Because of the growing complexity of cyberattacks, it will remain an imperative that the City continue to prioritize its cybersecurity resiliency efforts, including employee training and collaboration with other local governmental agencies. Several sources, including Interpol, have cited an increasing number of COVID-camouflaged domains, campaigns, and misinformation initiatives as avenues for cyber-attacks. City leaders across the country are increasingly being held accountable for protecting sensitive information and preventing cybersecurity incidents. On October 1, 2020, the U.S. Department of the Treasury released new guidance on the payment of ransomware that outlines various potential violations of federal law should an entity choose to pay a cyber- attacker. In a rapidly changing environment, the City is continually exposed to new and evolving risk areas. Q: Have you received training focused on cybersecurity (best practices, resources, etc.) provided by the City within the last year? 46% 36% 18% Excellent Good Average Poor Terrible 43% 40% 14% 2%1% Excellent Good Average Poor Terrible 81% 1% 16% 3% Yes - online Yes - in-person Yes - both online and in-person No - no training on cybersecurity 218 Enterprise Risk Assessment Report | 28 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: Based on this training, how prepared do you feel to identify, report, or manage a cybersecurity threat? The City’s IT leadership completed a 45-question survey on the City’s cybersecurity practices, and the following recommendations emerged from the results.  Develop, document, and implement an information security policy.  Develop, document, and implement an IT governance policy and process.  Develop, document, and implement a systems development life cycle policy that covers the process of acquiring, developing, implementing, and retiring information systems through a multistep process including ignition, analysis, design, implementation, maintenance, and disposal. The policy should outline documentation procedures, roles and responsibilities, and security considerations.  Establish an information security incident management plan to help provide guidance and protocol during a possible security breach or incident, with an incident response team that has members with clearly defined roles and responsibilities.  Formally document change control procedures for changes to applications and hardware that includes a process for inception, documentation, testing, and approval.  Assigned users unique IDs to access all key systems and applications  Conduct an audit of remote vendor access to the City’s systems. 30% 60% 8% 2% Extremely prepared Very prepared Moderately prepared Slightly prepared Not prepared at all 219 Enterprise Risk Assessment Report | 29 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY  Periodically review the City’s use of secure protocols, such as SFTP or HTTPS, when transmitting data both within and outside the City’s security perimeter.  Install fire suppression system in the City’s server room(s).  Conduct vulnerability assessment scans of internal and external systems and analyze the results for weaknesses and false positives on at least a quarterly basis.  Perform penetration testing against all publicly available services and IP addresses on at least a semiannual basis to identify emerging vulnerabilities and critical risk areas.  For third-party vendors used for IT support functions, request vendors provide a third-party attestation report, such as an SSAE 16 or SSAE 18 SOC audit report, and thoroughly review. Overall Risk Level Moderate-to-High Impact Likelihood Preparedness Trajectory Moderate-to-High Moderate-to-High Low-to-Moderate Flat Risk Mitigation ● Establish a three- to five-year strategic plan that identifies major City goals and activities. ● Implement a performance measurement strategy that is aligned with the City’s strategic plan. ● Use the strategic plan priorities to establish annual operating plans for each department. ● Leverage the strategic plan as a decision-making and prioritization tool as new opportunities arise. Residual Risk Low Risk Areas: Risks associated with how the organization plans for operations, strategy, and the future, including both short-term and long-range planning. Scope: A comprehensive planning framework builds upon the strategic goals, and dives into the next layer of planning, which looks at the strategic objectives for not only the enterprise, but sets objectives for the departments, divisions, programs, and individual roles. The City has defined mission and vision statements, in addition to several other planning-related documents such as the budget, work programs, innovative technology plan, and the general plan. The mission of the City of Cupertino is to provide exceptional service, encourage all members of the community to take responsibility for one another, and support the values of education, innovation, and collaboration. The City’s vision is “Cupertino aspires to be a balanced community with quiet and attractive residential neighborhoods; exemplary parks and schools; accessible open space areas, hillsides and creeks; and a vibrant mixed-use ‘Heart of the City.’ Cupertino will be safe, friendly, 220 Enterprise Risk Assessment Report | 30 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY healthy, connected, walkable, bikeable, and inclusive for all residents and workers, with ample places and opportunities for people to interact, recreate, innovate, and collaborate.” On an annual basis, the City establishes Council goals and subsequently develops a work program that supports those goals. The work programs are highly detailed accounts of projects, next steps, timelines, budget, staff hours, and department leads. This level of detail supports City staff, but it is not industry standard for plans of this detailed nature to be approved by City Council. Because the plans are developed annually, projects can be reprioritized over time as Council priorities shift and hinder progress toward overarching objectives. These shifts also impact the City’s ability to develop and adhere to long-range financial plans that would benefit the City and protect it from significant economic fluctuations. Additionally, these plans are developed by City staff and approved by Council, which does not provide other community members with the opportunity to formally engage in City planning processes. In the survey, only 35% of employees reported that the City does an excellent or very well job in soliciting input from stakeholders, including the community and front-line staff, during planning processes. Without enough stakeholder engagement, there can be a lack of buy-in, unclear direction, and shifting priorities that do not align with community desires. Q: How well does the City solicit input from all impacted stakeholders (employees, community members, etc.) during planning activities? Despite the development of highly detailed annual work programs, the City lacks a strategic plan that would clarify the direction of the City. Without the continuity provided by a high-level plan to guide decision- making over a multi-year period, there is a risk that work can become diluted, priorities can be unclear or change, and staff can be left to work in a highly reactive (rather than proactive) environment as they attempt to respond to multiple new and uncoordinated requests from the City Council or commissions. In the absence of an overarching strategic plan to outline City goals and objectives, departments have sometimes developed individualized strategic plans and report a lack of interconnectedness between functions. The reactiveness inherent in the City’s detailed planning environment was reflected in staff survey responses, in which only 35% of respondents reported that the City made excellent or good use of its strategic planning to guide decisions and activities. Q: How effective would you rate the City’s use of its strategic plan in terms of guiding City decisions and activities? 8% 27% 31% 20% 7% Extremely well Very well Moderately well Slightly well Not well at all 9% 26% 39% 20% 7% Excellent Good Average Poor Terrible 221 Enterprise Risk Assessment Report | 31 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Additionally, without a strategic plan and associated goals, it is extremely challenging to implement successful performance measurement to track the City’s progress over time. The City has not adopted outcomes-based performance measures that would enable Council and City staff to evaluate their activities and whether they are having their intended impact. Within the budget document, each department reports on performance measures annually; however, these performance measures do not necessarily tie to larger, strategic City goals that would better communicate the impact of City government on the community. Overall Risk Level Moderate to High Impact Likelihood Preparedness Trajectory Moderate to High Moderate to High Moderate Flat Risk Mitigation ● Develop a policy framework to help distinguish what needs Council approval versus administrative policies and procedures ● Inventory, review, and prioritize revisions to outdated policies and procedures ● Institutionalize a simple and ongoing review and update process for all City policies and procedures. ● Undertake an effort to review and update the Municipal Code to meet modern operating needs Residual Risk Low to Moderate Risk Areas: Risks associated with policies, processes, and procedures, including efficiency, effectiveness, and level of documentation. Scope: Policies and procedures play a critical role in providing the guidance required to ensure all functions operate efficiently, effectively, safely, and consistently across the organization. A policy establishes what should be done, and procedures effect the policy. Policies and procedures also play an important role in protecting against the loss of institutional knowledge. The City lacks comprehensive policies and procedures in multiple areas across the City, including procurement, contract management, ethics, and operational policies. For example, departments including Economic Development, Community Development, Parks and Recreation, and Public Works noted that operational policies are not comprehensive and/or have not been updated in several years. In both interviews and survey responses, City staff identified the need to update policies and procedures from both operational and compliance perspectives, as well as ensure they reside at the appropriate level (i.e. Council, City Manager, or Department) and encompass users outside of the policy owner departments. Critically, the City has not yet defined what policies would go 222 Enterprise Risk Assessment Report | 32 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY to Council versus the City Manager for approval, which may also contribute to challenges in defining governance roles and responsibilities. Policies and procedures help ensure that management directives to mitigate risks are carried out consistently at all levels of the organization and at various stages within different business processes (such as procurement). Overall, staff reported weaknesses in policies and procedures at both the citywide and departmental level. Q: How would you rate the quality of the documented operational policies and procedures at the City overall? Q: How would you rate the quality of the documented operational policies and procedures for your department? The City does not currently follow a standard review process for all policies and procedures, so they are currently updated on an ad hoc basis. As a result, some policies have not been updated recently; notably, the Administrative Rules and Regulations of the Personnel Code has not been updated since 2013. Conversely, the City’s financial policies appear to have all been updated in the last two years. According to best practice, the City should review policies and procedures every one to three years. Outdated policies and procedures can contribute to reduced efficiency and effectiveness, as well as communication and accountability challenges. In the absence of up-to-date documented policies, staff rely on historical practices and verbal directions which requires significant institutional knowledge to perform and could be inconsistent with management expectations over time. Given the City’s high proportion of employees nearing retirement, document policies and procedures are critical to supporting operational continuity as employees leave City employment. A key component to effectively adopted, updated policies and procedures is ensuring that they are communicated and accessible to staff. Currently, documentation is intended to be stored on the internal network drive, although departments report inconsistent storage practices. In some cases, policies and procedures may be stored on individual hard drives, particularly if they are older. Policies and procedures should be stored centrally in a searchable format; when new versions are published, alerts should be communicated, and training should be provided. 6% 37% 43% 14% 1% Excellent Good Average Poor Terrible 10% 36% 40% 13% 2% Excellent Good Average Poor Terrible 223 Enterprise Risk Assessment Report | 33 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate-to-High Moderate Low-to-Moderate Decreasing Risk Mitigation ● Continue to develop a 5- to 10- year long-term Capital Improvement Program (CIP) plan and budget. ● Conduct a capital project process and program assessment to identify opportunities to strengthen project oversight and project management. ● Develop a standardized and transparent process to prioritize CIP projects. ● Define and document cross-departmental roles and responsibilities related to capital projects. Residual Risk Low to Moderate Risk Area: Risks associated with capital improvement program, including planning, financing, construction, close-out, and capital asset management (including preservation and maintenance), tracking, reporting, accountability, and inventory. Scope: In construction, issues of risk are closely tied to schedule, site unknowns, and budget issues. In addition, construction contracts must be monitored to ensure full compliance with equal employment opportunity, discrimination, prevailing wage, and fair labor standards laws. The Capital Improvement Program (CIP) is managed by the CIP Administration group with the City’s Public Works department, which includes a budgeted staff of 6.20 FTE. The CIP is documented in the City’s annual plan to provides design and construction administration for all capital improvement projects. The CIP organizes the projects into five categories: Parks, Buildings, Streets, Traffic Facilities, and Storm Drainage. The City listed 29 active capital projects in August 2020 across seven different project phases. The CIP Program Manager departed the City in early September 2020, in addition to at least one other staff in the group. The departure of staff in the CIP group presents an opportunity for the City to re-evaluate the staffing, processes, culture, and performance expectations of the group. The City has filled two positions since September, including the acting program manager. Employees reported that the turnover has positioned the City to strengthen the CIP program overall, and is expected to result in improved relationships with other departments and achievement of the program’s objectives. Each fiscal year, the CIP is funded by the capital reserve and/or restricted grant and donation proceeds. The five-year budget denotes funding sources and a description of each project. The City 224 Enterprise Risk Assessment Report | 34 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Council approves funding of capital improvements on a total project basis but allocates the funding annually. Funding into the CIP from the capital reserves is capped at approximately $1.5 million annually. The adopted budget for the Capital Projects Funds for FY 2020-21 is $2.2 million, primarily due to a reduction in capital project spending resulting from the COVID-19 pandemic and its unprecedented uncertainty. Many of the current CIP projects have been identified as priorities in the City’s adopted master plans, such as the Bicycle Transportation Plan or the Pedestrian Master Plan. However, the CIP funding process is relatively short-term and prone to change year-over-year, as there is no long-term CIP plan, although project funding is approved in the first year for multi-year projects. The City does not currently have a long-term CIP plan, though the City has begun preliminary work on a 10-year plan. Likely as a result, the pipeline of planned capital projects changes year-over-year, despite approximately $400 million in unfunded CIP projects already identified. The City’s process for prioritizing and selecting projects is not standardized and transparent across the CIP projects. Short- term planning for capital improvement projects can increase risks of higher long-term costs and pose a threat to health and safety. Many employees reported concerns about the safety of City Hall and the continued deferral by Council of the City Hall project by the Council in favor of other CIP projects. T; the building has become a growing potential liability to the City. Finally, staff that coordinate with the CIP group on design elements of projects sometimes reported confusion related to their role, responsibility, and hand-off point. Without clarity of everyone’s role and purview on each project, employees may experience accountability confusion and create inefficiencies in the CIP process. Q: How would you rate the processes the City uses to identify and prioritize capital improvement projects? 2% 20% 54% 24% Excellent Good Average Poor Terrible 225 Enterprise Risk Assessment Report | 35 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate Low-to-Moderate Moderate Increasing Risk Mitigation ● Develop a process to manage grant funding to ensure compliance with tracking, reporting, and monitoring requirements. ● Assess the organizational structure related to the City’s management analysts. ● Conduct an Americans with Disabilities Act (ADA) self-evaluation consistent with the 1991 federal requirements and track the resulting action -items. Residual Risk Low-to-Moderate Risk Area: Risks associated with compliance with laws, regulations, and requirements. Also, risks associated with financial reporting (content, distribution, assembly, utilization, frequency, formatting, accuracy, and reliability). Scope: Risks organizations face when they are unable to follow internal policies, government laws and regulations, which may be subjected to legal penalties and financial fines. Financial reporting includes deliverables such audited annual financial statements. Reliable financial information is fundamental to planning, budgeting, pricing, evaluating vendor performance, assessing partnerships, and a range of other operational and strategic activities. Proactive compliance is characterized by employees being aware of requirements and actively operating to comply with them. Performed effectively, proactive compliance prevents issues from occurring before they become problematic. Reactive compliance involves ongoing monitoring, testing, and reporting. Overall, about half of employees felt that noncompliance issues were extremely or somewhat unlikely. Approximately the same amount reported that the quality of training/resources provided to stay abreast of compliance concerns was excellent or good. Q: What are the chances that the City will experience any issue with compliance (late or missed reporting; noncompliance with safety requirements; breach of sensitive data, etc.) in the next year? 14% 33% 42% 12% Extremely unlikely Somewhat unlikely Uncertain Somewhat likely Extremely likely 226 Enterprise Risk Assessment Report | 36 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: How would you rate the quality of resources/training provided at the City about how to remain in compliance with laws, regulations, and requirements? FINANCIAL REPORTING Timely and accurate financial reporting for management decision-making is a key component for efficient and effective operations. Some employees report that in certain departments, financial information may only be available through specific employees, adding to the time it may take to get needed data. Others note that sometimes, reports out of the system are not intuitive for newer or more infrequent employees or infrequent users of the reports, suggesting that some departments may benefit from additional training. Overall, employees rated the timeliness of financial information as excellent (20%) or good (40%). Q: How would you rate the timeliness of the financial information you receive (e.g. reports, response time to requests, etc.)? ADA COMPLIANCE Employees report that there are numerous facilities they suspect or know that are non-compliant with their obligations under the Americans with Disabilities Act (ADA). The City last published its ADA self- evaluation and transition plan in April 2015 and ADA-compliance elements have been identified as part of other City projects. However, the City does not have a formal effort to track and identify ADA compliance action plans. It is imperative that once the City has identified an item of non-compliance, that a subsequent actionable improvement plans is also created. Identifying a problem without an action plan can lead to further compliance problems. While the City has funding identified for ADA projects in the CIP budget, prioritization of projects in general has been a challenge, as noted in more detail in the Capital Improvement Program section. In 2017, the Ninth Circuit Court of Appeals issued a decision reversing the trial court’s decision of the Kirola v. City and County of San Francisco, which alleged ADA violations in City facilities, and allowed the plaintiff to proceed with some claims that the City’s facilities were in violation of the ADA. In the first year of the lawsuit alone (fiscal year 2020-2011), the City and County of San Francisco paid $2,285,000 for litigation expenses related to this lawsuit. The decision revealed that even seemingly minor access barriers in a government facility may serve as the basis for a class action lawsuit against the City. The U.S. Department of Justice (DOJ) has recently encouraged local government agencies to conduct a new self-evaluation like the one required by the 1991 federal law. We 10% 38% 36% 14% 2% Excellent Good Average Poor Does not exist 20% 40% 35% 5% Excellent Good Average Poor Terrible 227 Enterprise Risk Assessment Report | 37 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY recommend the City take this proactive action to help mitigate and reduce the risk of possible ADA violations. GRANT FUNDING Several employees expressed concerns over grants management, specifically federal grant reporting. While the volume of dollars coming from federal grants is relatively low, it is critical to maintain compliance with federal reporting requirements. The City does not currently have a standardized approach in place to monitor grants and relevant compliance. As the City continues to explore alternative revenue sources as a result of the pandemic, there will likely be grant funding opportunities that may be relevant for the City. Pursuing grants will require the City to first assess and determine how to best approach both grant writing—a specialized skill—and grant administration. To help mitigate the impacts of the COVID-19 pandemic on the small businesses in Cupertino, the City established the Small Business Emergency Relief Grant Program to offer one-time emergency relief grants of $5,000 to eligible small businesses. The City is utilizing its allocated Coronavirus Aid, Relief and Economic Security Act (CARES) Act Community Development Block Grant funding (CDBG-CV) to provide these grants. The Enterprise Foundation, a 501c3 organization, is the City’s partner to administer this grant program. Q: How would you rate the quality of systems used to track and monitor grants for compliance purposes? REQUIREMENTS FOR AFFORDABLE HOUSING Across the State of California, moderate-income households struggle to afford rent and mortgages. The COVID-19 pandemic has further exacerbated this issue. Since Cupertino is in the heart of Silicon Valley, its community members feel a particular impact on the shortage of affordable housing, as noted in the External Environment section of this Risk Assessment. In September 2020, California’s Governor signed a package of housing bills designed to increase affordable opportunities for renters and homeowners, including incentives for developers to increase the number of affordable housing units built in the state. However, state laws are designed to incentivize increased density, while single-family housing currently characterizes most of Cupertino. In 2018, the Friends of Better Cupertino filed a lawsuit to stop a development project approved by City staff that would contribute 1,201 affordable housing units to the community and was approved by City staff. The project was ultimately approved by the Santa Clara Superior Court and allowed to progress forward in accordance with previous City approval. State housing officials have put the City on notice, stating that it may be on the verge of violating State law around regional housing requirements if the City’s housing plan faces further hindrances or developers do not move forward with construction on projects. This additional scrutiny 7% 20% 40% 13% 20% Excellent Good Average Poor Does not exist 228 Enterprise Risk Assessment Report | 38 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY applied by the State, in conjunction with escalating State regulations to support increased affordable housing, places the City at risk of noncompliance with State requirements and potentially community goals. Ultimately, this can result in loss of funding from state and federal housing programs. As noted in the External Environment section, State requirements, community desires, and developer schedules are outside of the City’s control. However, affordable housing shortages present risk to the City from both a compliance and community characteristic perspective. Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate-to-High Low-to-Moderate Low-to-Moderate Flat Risk Mitigation ● Develop and implement a comprehensive fraud, waste, and abuse program. ● Implement an anonymous whistleblower hotline and standardized complaint management processes. ● Develop and schedule fraud, waste, and abuse training to all City employees, including mechanisms in place to protect employees from retaliation. Residual Risk Low-to-Moderate Risk Areas: Risks associated with misappropriation of funds, extravagant spending, using one’s position to accomplish a specific outcome, the intent to deceive, or behavior that is not aligned with the organization’s ethical values and policies. Scope: The employees of the organization have a duty to use funds economically, efficiently, effectively, and ethically. When employees do not honor this obligation, it could result in instances of fraud, waste, abuse, or unethical behavior. All City employees share the common purpose of serving the public in an ethical and transparent manner. When City employees do not fulfill this purpose, it could result in instances of fraud, waste, or abuse. Fraud, waste, and abuse are defined as:  Fraud: A dishonest and deliberate course of action that results in obtaining money, property, or an advantage to which employees or an official committing the action would not normally be entitled.  Waste: The needless, careless, or extravagant expenditure of funds, incurring of unnecessary expenses, or mismanagement of resources or property. 229 Enterprise Risk Assessment Report | 39 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY  Abuse: The intentional, wrongful, or improper use or destruction of resources, or highly improper practices that does not involve prosecutable fraud. In 2018, the City discovered a 14-year embezzlement that took place between 2000 to 2014 and resulted in a loss of $791,494. In response, the City contracted with an independent, third party to conduct an internal control review. As discussed in the Internal Controls section of this report, the review assessed the City’s fixed assets, human resources and payroll, order to cash, procure to pay, and treasury management processes. The City has implemented additional controls for high-risk areas and is in the process of evaluating additional recommendations to strengthen controls overall, resulting in an improved internal controls environment. However, the City has not implemented a robust fraud, waste, and abuse program to educate employees on potential red flags or a whistleblower hotline to report allegations of wrongdoing that could detect issues sooner. The City’s Administrative Rules and Regulations of the Personnel Code include some elements inherent in a comprehensive fraud, waste, and abuse program such as employee protection from retaliation when reporting concerns in good faith. The Administrative Rules and Regulations of the Personnel Code also includes a section related to complaint procedures; however, this requires employees to report the incident to their supervisor, Department Head, or HR Director, which does not allow for anonymous reporting and may deter some employees from reporting concerns. However, despite an incomplete fraud, waste, and abuse program, over half (65%) of survey respondents reported that they knew what action(s) to take if they became aware of unethical or fraudulent behavior. Q: Do you know what action(s) to take if you were to become aware of unethical or fraudulent behavior? Overall, City employees appear to hold the perception that another instance of fraud, waste, or abuse at the City is relatively unlikely. However, only 30% of respondents reported that they would definitely be protected in the event that they reported suspicious or concerning behaviors. When employees do not feel fully secure in reporting concerns, they may choose to ignore these behaviors, which can enable and perpetuate inappropriate behaviors and activities in the organization. Multiple survey respondents noted that the City has had at least one experience where there was a perception of retaliation for reporting wrongdoing, which may also deter employees from coming forward with concerns. 65% 29% 6% Yes - I know what I would do Maybe - I would have to research a bit No, not really sure 230 Enterprise Risk Assessment Report | 40 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: what are the chances that an incident of fraud, waste, or abuse would likely occur at the City within the next year? Q: What are the chances that you would be protected from retaliation if you reported wrongdoing? Finally, just under half (42%) of survey respondents reported that they have not received ethics or fraud, waste, and abuse training in the last two years. Training is imperative to a robust ethics and fraud, waste, and abuse program by reinforcing the City’s values, describing suspicious activity, and providing information on the organization’s reporting environment (i.e., how to report concerns, complainant protections, complaint responses). Q: Have you received training focused on ethics or fraud, waste, and abuse prevention provided by the City within approximately the last two years? 16% 53%28% 4% Definitely will not Probably will not Might or might not Probably will Definitely will 29% 41% 20% 6% 3% Definitely would be protected Probably would be protected Might or might not be protected Probably not protected Definitely not protected 23% 22% 14% 42% Yes - online (e.g., webinar, class)Yes, in-person (e.g., training session/clasS)Yes-both online and in-person No - no training 231 Enterprise Risk Assessment Report | 41 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate Low-to-Moderate High Increasing Risk Mitigation ● Continue to proactively plan and address California Public Employee’s Retirement System (CalPERS) obligations. ● Expand the current economic development-related performance measures to track and assess outcomes of the City’s efforts over time. Residual Risk Low-to-Moderate Risk Areas: Risks associated with revenue sources, funding levels, cash management, liquidity, expenditure rates and commitments, debt management, and inter-organizational business. Scope: The funding and economics factors that impact the organization’s ability to maintain operations and deliver programs and services. Whether within the organization’s realm of influence (or outside of their control), the funding and economic factors impact the organization’s long-term fiscal stability as well as its ability to mitigate the negative impacts of extraordinary risk such as regional changes and national economic volatility. Revenue growth in the City is primarily driven by sales, property, and transient occupancy taxes. Because Cupertino is a mature, 93% built-out city, the City primarily focuses on business retention and revitalization. Supported by the stability of tech-giants like Apple, Inc. and Seagate Technologies, the City’s economic development activities have focused on creating an environment for start-ups and growing companies. The Economic Development program resides within the City Manager’s department and relocated from the Community Development department in FY 2018-19. The program currently consists of one full-time employee, who is responsible for providing support and assistance to local businesses, conducting community outreach, and collaborating with City employees on projects. The City relies heavily on revenues from the Apple Campus to fuel sales tax, property taxes, and business travel. Apple either owns or leases approximately 25% of commercial properties within the City. The top 25 sales tax producers in the City included both Apple and Seagate Technology, and then was followed largely by retailers and restaurants. However, as a result of the COVID-19 pandemic, small businesses within the community have suffered and closed temporarily or permanently. 232 Enterprise Risk Assessment Report | 42 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY The City develops medium-term (5-year) and long-term (20-year) forecasts as part of the budget process and has a long-range financial plan (LRFP) established. The City’s budget includes a contingency budget that covers maintenance and operational funding for Public Works, as well as contingency funds for disaster response. However, given the unprecedented levels of uncertainty stemming from the COVID-19 pandemic, the City may need to re-evaluate its revenues more regularly. There are several strategies identified in the FY 2020-21 adopted budget aimed at balancing the City’s budget over the next five to 20 years. The City currently anticipates the pandemic will result in at least a two-year recession and subsequent declines in revenue. As a result, the City’s focus for the coming fiscal year is on reducing expenditures to offset declining revenues. The City prioritized creating fiscal reserves in recent years, and therefore has the resources to mitigate the short-term looming risks of declining revenues. The City’s Economic Uncertainty Reserve reached $19 million at the start of fiscal year 2021, representing approximately 24% of the city’s general fund, and serves as a potential source of mitigating any shortfalls in future fiscal years. RESERVE FY 2021 RESERVE LEVEL DESCRIPTION Economic Uncertainty $19,000,000 For economic downturns and major revenue changes. Represents two months of general fund expenditures plus a two-year 13% drop in total general fund revenue. PERS $12,000,000 For pension cost increases Sustainability $123,397 For future sustainability projects/programs Unassigned $500,000 1% of general fund operating budget, for mid-year budget adjustments and redeployment into the five-year budget Capital Improvement $5,000,000 Set aside for future capital projects, calculated based on the average dollars spent for capital projects in the last three fiscal years. Source: City of Cupertino Fiscal Year 2020-2021 Adopted Budget The City’s proactive responses thus far to the economic impact of COVID-19 included delaying the planned increase in certain fees, reducing departmental operational budgets, and furloughing some staff. Additionally, the City’s unassigned fund balance remains healthy, and is expected to be able to assist in addressing funding gaps as needed. A risk associated with the reduction in revenue is that the City may need to adjust levels of service accordingly. While reserves are helpful in the short-term, there are many unknown variables related to how the pandemic will impact the future of local government revenues and communities. City staff report that levels of service provided to the community are high and therefore may require ongoing adjustments depending on the City’s incoming revenues (see Operations and& Service Delivery section for more detail). 233 Enterprise Risk Assessment Report | 43 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: As of mid-September, how much has COVID-19 negatively impacted your department’s operating budget? The City has also identified its Section 115 Pension Trust ($12 million) as a potential source to mitigate any increases to California Public Employee’s Retirement System’s (CalPERS) annual required contribution rate or further reductions in the discount rate as set by CalPERS. RETIREMENT BENEFITS Cupertino provides retirement benefits for its employees through the California Public Employee’s Retirement System (CalPERS). In mid-2018, the City implemented a Pension Rate Stabilization Program (PRSP), a Section 115 Trust intended to stabilize pension rate volatility from year to year. A Section 115 Trust is an investment tool that allows the City to pre-fund pension and retiree health costs. The City elected to use a more conservative discount rate than CalPERS and allocates more towards pension funding each year than is required by CalPERS. Given this strategy and the $12 million currently set aside for pension funding, the City is in a strong position to withstand the effects of pension cost increases. Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate Moderate Moderate Flat Risk Mitigation ● Continue to strengthen internal controls through regular reviews and assessment of key programs and processes. ● Develop a mechanism to track and report on recommendations and action plans that emerge from internal audit and other assessment projects. Residual Risk Low-to-Moderate 5% 26% 33% 26% 12% None at all A little A moderate amount A lot A great deal 234 Enterprise Risk Assessment Report | 44 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Risk Areas: Risks associated with preventive controls (e.g., tone at the top, policies and procedures, passwords), detective controls (e.g., segregation of duties, reconciliations, variance reports), and corrective controls (e.g., changes to policies and procedures, training, and loss of privileges). Scope: Control activities are the processes and procedures that help ensure that management’s risk responses are carried out; they are not performed simply for their own sake or because it seems to be the “right” or “proper” thing to do. Control activities occur throughout the organization, at all levels and in all functions. They include a range of activities as diverse as approvals, authorizations, verifications, reconciliations, reviews of operating performance, security of assets, and segregation of duties. The City’s internal control environment represents the processes designed to provide reasonable assurance about the reliability of financial reporting, the efficiency and effectiveness of operations, and compliance with applicable laws and regulations. Internal controls also safeguard the City’s assets from unauthorized acquisition, use, or disposition. Audit Committee members highlighted the following functions as desired areas of continued internal control focus based on historical events at the City:  Cash reconciliation  Vendor approval process  Prior period adjustments In early 2019, the City conducted an internal control review of its fixed assets, human resources and payroll, order to cash, procure to pay, and treasury management processes. Many of the recommendations from the report were noted as in-progress at the time of the internal control review report’s publication. The City has addressed recommendations pertaining to high-risk areas and continues to evaluate additional opportunities to strengthen internal controls, though the City has not yet completed a follow-up to validate the completion of action items committed to in the report. For example, the City created an Audit Committee and established an internal audit function. Additionally, internal control matrices are used in order to support the transparency and adequacy of segregation of duties. In line with best practice, the Finance Manager reviews system access requests to add or change roles within the City’s ERP, including when new employees are added. The Finance Manager also reviews with the IT team any updates made to the City’s Active Directory. The Finance Manager meets with the IT team on a quarterly basis to cross-validate the emails and review the system access logs. In order to communicate these improvements to the Audit Committee and Cupertino community, updates on the recommendations included in the internal control review should be validated and made available on the City’s website. Cash handling and revenue collection is one area of concern for the City, as employees will continue to need to be trained on the City’s policies and procedures. The Parks and Recreation department employs a significant number of part-time employees who are teenagers, so the inherent risk will always be elevated due to the high-turnover and the lower level of experience in these part-time seasonal employees. 235 Enterprise Risk Assessment Report | 45 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: How would you rate the City’s overall internal controls environment, including checks and balances, preventative and detective measures, testing/evaluating internal controls, and monitoring effectiveness of controls? Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate Moderate Moderate Flat Risk Mitigation ● Evaluate service levels as needed according resulting from COVID-19 impacts on City revenues. ● Conduct programmatic reviews of Senior Center services, sports venue management, business license issuance, and other key programs to identify potential redundancies and efficiencies. Residual Risk Low Risk Areas: Risks associated with community expectations, level of service commitments, scheduling, program/service delivery, sustainability, quality, process efficiencies, and resource allocation. Scope: Day-to-day operations across the organization, and efficient and effective delivery of the organization’s programs and services in alignment with goals, vision, and mission. At the most fundamental level, the City’s mission is to direct the efficient and effective delivery of municipal services. The City provides a full range of services to residents, including:  Community Development (planning, building permits and plans, code enforcement)  Finance (billing and payment processing)  Public Works (infrastructure and streets maintenance)  Recreation and senior services  Public information 9% 44% 37% 9% Excellent Good Average Poor Terrible 236 Enterprise Risk Assessment Report | 46 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY City staff report high levels of service expectations by the community and a constant drive to meet service demands. Most survey respondents (87%) reported that the City’s overall ability to deliver core services to the public in an effective manner was excellent or good. As noted previously, over time, City revenues may be impacted by COVID-19 and existing service levels should be evaluated accordingly. Q: How would you rate the City’s overall ability to deliver core services to the public in an effective manner? Amidst the COVID-19 pandemic, some City services were required to transition in order to continue serving the community. Notably, Recreation Services transitioned its programming from in-person to virtual and saw increased participation from residents, demonstrating a bright spot in terms of City service flexibility. Additionally, the City’s digital permitting process was expanded and provided continuity of service for an activity that is traditionally performed in-person. City staff noted the impacts of shelter-in-place orders in terms of how they deliver services to residents and interact with colleagues in interviews and survey responses. A virtual work environment poses both opportunities and challenges that staff embrace, but also express concern about the potential to alter workplace dynamics and the ability to effectively serve all residents. There are also opportunities to reevaluate some of the City’s current service offerings to increase efficiency and effectiveness. The following areas were noted in interviews as well as in survey responses as requiring potential revisions to better serve the community.  Sports venue management: The City’s Sports Center is operated partially by a private vendor. Council members noted frequent resident complaints regarding public access to and use of the facilities. The Blackberry Farm Golf Course, like many municipal golf courses, is also operated by a private vendor. While municipal venue operators tend to be long-standing, it is best practice to regularly review vendor contracts to ensure goals for the facilities are clearly articulated and ensure that performance measures are included in vendor reporting.  Business license issuance: Business license issuance at the City is not integrated into the permitting process, therefore, some businesses in the community may be operating without a license. During the COVID-19 pandemic, local, state, and federal resources have been available to support small businesses; however, because the City has incomplete records of businesses operating within its limits, it was challenging to reach owners that may have benefited from these resources. When the City conducted physical outreach to businesses, staff discovered that some were operating without a license. This also presents additional liability and lost revenue on behalf of the City.  Senior Case Management program: The City’s Senior Center currently offers a direct service support program for residents aged 50 and older who require support to stay in their home. Staff report that this program lacks clear policies, procedures, and internal controls over expenditures and services provided. Additionally, this program’s services are likely to be duplicative with offerings provided by other governmental agencies in the region. Typically, 35% 52% 13% 1% Excellent Good Average Poor Terrible 237 Enterprise Risk Assessment Report | 47 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY cities operate a referral program to direct residents in need to the appropriate resources rather than providing services directly.  Senior Travel program: The City’s Senior Center also offers a service akin to travel agencies in scheduling individual and group travel to both domestic and international locations. The scope of this program extends beyond local or regional travel destinations that cities typically offer and may be duplicative with private providers. As the City continues to evaluate the impact of COVID-19 on its revenues and service delivery, these programs should be evaluated to find potential efficiencies and cost savings. Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate Moderate-to-High Moderate Flat Risk Mitigation ● Assess outsourced functions to determine whether continued outsourcing is cost-effective. ● Review decentralized functions to determine if efficiencies can be gained through increased coordination or centralized guidance, oversight, and training. Residual Risk Low Risk Areas: Risks associated with how personnel are organized, as well as staffing levels and skills. Scope: An entity’s organizational structure provides the framework to plan, execute, control and monitor its activities. Organization and staffing encompass hierarchy, chain of command, span of control, and staffing levels. Staffing includes specific positions, counts, and capacity. A relevant organizational structure includes defining key areas of authority and responsibility and establishing appropriate lines of reporting. The City’s organization structure consists of seven departments: City Council and Commissions, Administration (includes the City Manager’s Office, City Attorney’s Office, and City Clerk), Innovation and Technology, Administrative Services, Parks and Recreation, Community Development, and Public Works. As of October 2020, the City has approximately 190 FTEs on staff. With a few exceptions, managers’ spans of control are within normal ranges of four to eight direct employees. Historically, the City Council has been hesitant to add additional staffing, instead relying heavily on outsourcing for key functions, such as the City Attorney and Police and Fire services. Prior to COVID- 19, the City planned to bring several new positions forward over the next three years to fill key roles; however, given the uncertainty related to the pandemic, this effort has been postponed indefinitely. 238 Enterprise Risk Assessment Report | 48 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Outsourcing provides both advantages and disadvantages, such as elevated costs for specialists, but also the ability to secure and rely upon subject matter experts. Both employees and elected officials at the City were unsure whether the balance of in-house versus external contractors was in the best interests of the City. As the Council adds new initiatives to the City’s annual work plan and extends meetings, staff workloads are impacted and continue to elevate. While the City currently experiences relatively low levels of turnover and high levels of employee satisfaction with workplace culture, consistent overwork can contribute to burnout over time. Employees who responded to the survey reported a variety of experiences related to the adequacy of current staffing levels, as noted below. This may reflect differences between departments or divisions in terms of how workload is distributed and what expectations are. Overall, less than one-third (39%) felt that the current staffing levels across the City were either good or excellent. Q: How would you rate the adequacy of current staffing levels within your department? Q: How would you rate the current staffing levels across the City as a whole? During interviews, some key positions were noted as lacking backup, which could result in significant operational disruptions if employees leave the City for an extended period or permanently. The following functions would benefit from support through cross-training of designated backups to support operational consistency and employee flexibility:  Economic development  Housing  Traffic signal  Management analysis within each department Like most cities, Cupertino has several functions that are highly decentralized. Some notable examples include budgeting, procurement, communications, and planning. While decentralized functions can provide operational benefits, they typically require enhanced coordination to achieve service efficiency and sometimes result in duplication of efforts. 13% 33% 23% 26% 5% Excellent Good Average Poor Terrible 3% 26% 50% 21% Excellent Good Average Poor Terrible 239 Enterprise Risk Assessment Report | 49 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Moderate Impact Likelihood Preparedness Trajectory Moderate Low-to-Moderate Low-to-Moderate Flat Risk Mitigation ● Develop a process to analyze trend insurance claims trends and proactively respond to recurring risks. ● Strengthen controls on access to non-public areas, including employee areas, across all City buildings. ● Complete the update to the City Continuity of Operations Plan. Residual Risk Low-to-Moderate Risk Areas: Risks associated with the organization’s formal/structured risk management programs, such as employee health and safety programs, operational risk management programs, and incident response and emergency management efforts. Scope: Risk programs include administration of the general liability, workers’ compensation, safety, disability management and property programs. Risk efforts also include contract/insurance certificate review, insurance procurement, emergency preparedness programs, and continuity of operations planning. The Human Resources department is responsible for administering the City’s risk management, safety, and wellness programs. The department also oversees the City’s self-insured workers’ compensation program. Many risk management functions are outsourced through the City’s outsourced City Attorney function and Joint Powers Authority (JPA), the self-insurance program. The JPA provides some reporting related to claims to the City Attorney’s Office, but there has not been a concentrated effort on proactive risk mitigation by analyzing trends related to claims. The JPA operates with limited control and risk reporting to the City. Most interactions relate to insurance requirements on City contracts. Before the COVID-19 pandemic, the City Attorney’s Office noticed an increase in claims related to City tree maintenance and requested additional information related to the tree maintenance program. However, this work has been postponed due to the pandemic, which impacted City operations and shifted attention to other pressing risk management matters. Ideally, the City would conduct routine claims analysis to identify potential issues and proactively mitigate risks on an ongoing basis. 240 Enterprise Risk Assessment Report | 50 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: How would you rate the services provided to staff by the City Attorney’s Office? BUSINESS CONTINUITY The City’s Office of Emergency Services has one full-time employee who is responsible for leading and directing the City in prevention, preparation, mitigation, response, and recovery activities focused on mitigating the risks of emergencies, hazards, incidents, and other negative events. As part of this responsibility, the office has been tasked with maintaining and updating the City’s Continuity of Operations Plan (COOP), a core component of business continuity planning. The City was working with a consultant to revise the City’s COOP in early 2020, but the project was put on hold as a result of the pandemic. In the absence of this plan, City staff have adjusted to remote operations; however, 60% report that they have not been involved in any continuity of operations activities or training in the last year. Q: Have you been involved in any type of continuity of operations/government planning activity (work sessions, training, documentation, etc.) at the City in the last year? Only half of employees reported feeling extremely or very prepared to respond to an emergency occurring, which suggests that employees are at greater levels of risk in the event of a negative incident. Q: How prepared do you feel to respond to or handle an emergency within your department or office? 32% 32% 24% 12% Excellent Good Average Poor Terrible 40% 60% Yes No 7% 47% 40% 6% Extremely prepared Very prepared Somewhat prepared Slightly prepared Not prepared at all 241 Enterprise Risk Assessment Report | 51 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY EMPLOYEE SAFETY Most employees (90%) report that they have received training related to emergency preparedness within the last year. This training is imperative to ensure that employees are aware of the appropriate course of action to take in the event of different types of emergencies. Q: Have you received training focused on emergency preparedness provided by the City within the last year? However, employees reported concerns about the safety of employees within City Hall in the event of an earthquake. As noted previously, City Hall continues to be placed on the City’s CIP list, but has not yet been prioritized for funding due to shifting priorities at the Council level. Q: How would you rate the overall level of physical security within the facility and/or location in which you work? Q: In the last two years, have you experienced an incident or time where you’ve felt physically at risk or unsafe while working at the City? 14% 35% 41% 10% Yes - online Yes - in-person Yes - both online and in-person No - no training 8% 33% 34% 21% 4% Excellent Good Average Poor Terrible 15% 85% Yes No 242 Enterprise Risk Assessment Report | 52 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Low to Moderate Impact Likelihood Preparedness Trajectory Moderate Low-to-Moderate Moderate Decreasing Risk Mitigation ● Continue to develop resources and training related to financial functions, including examples, checklists, and schedules. ● Align budgeting process to longer- term planning activities. Residual Risk Low Risk Area: Risks associated with fiscal controls, budgeting, ongoing information tracking and management, revenue capture, and transaction processing. Scope: The role of accounting and financial functions in risk mitigation is focused on recordkeeping and compliance through recording, classifying, summarizing, and reporting financial transactions. The City’s Finance division consists of the Accounting and Business Licenses programs and operates under the Administrative Services department. The division has a total staffing of 7.95 FTEs and is responsible for overseeing all financial accounting and treasury functions for the City. In addition to the Finance division, several finance-related functions are decentralized as a result of the City’s past leadership style and organizational structure. A Management Analyst is positioned within each department. This role is meant to serve as the liaison between the department and Finance on financial matters. While most Management Analysts report a collaborative relationship with Finance, some department leadership underutilizes the reporting and analytical capabilities of their assigned Management Analyst. This can result in a disconnect between Finance and department leadership, since Finance is not responsible for conducting reporting or analysis for each department. Most surveyed employees rated the customer service provided by the Finance division team as either excellent (44%) or good (28%). 243 Enterprise Risk Assessment Report | 53 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: How would you rate the quality of the internal customer service provided by the Finance team? BUDGETING The City’s annual budget is prepared on a July 1 to June 30 fiscal year (FY) basis, with ongoing processes throughout the year including budget development, proposals, adoption, monitoring, and amendments. The City has modified its budgeting process in recent years, shifting to a zero-based budgeting process for the FY 2019-20 period. The City had planned to convert to a biennial budget process; however, given the timing and constraints of COVID-19, the City deferred the conversion indefinitely. Employees report the changes have been primarily positive, though multiple employees expressed that the changes at times felt abrupt, potentially due to the high volume of changes that have occurred. This indicates the City may be at increased risk of inefficiencies and the value-add of changes to the budgeting process not being fully leveraged by the employees. Surveyed employees requested more examples of how to complete budget materials and additional training on the process changes. Similar to the challenges noted in the Planning and Strategy section, budgeting is often conducted in a reactionary manner, rather than proactively done in conjunction with long-term planning activities. This has been exasperated by the impacts of the COVID-19 pandemic, which the City anticipates will result in at least a two-year recession and subsequent declines in revenue. Over half of managers (54%) reported via the survey an excellent or good experience with the City’s budgeting process. Multiple staff requested additional training to empower staff to strengthen their budgets and monitor spending. Q: How would you rate the experience of the City’s budgeting process? 44% 28% 24% 4% Excellent Good Average Poor Terrible 14% 40% 33% 7% 5% Excellent Good Average Poor Terrible 244 Enterprise Risk Assessment Report | 54 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Low-to-Moderate Impact Likelihood Preparedness Trajectory Moderate Moderate Moderate-to-High Decreasing Risk Mitigation ● Transition all operational divisions to Cityworks for asset management. ● Conduct a citywide asset inventory. ● Expand the current tracking assets as appropriate to include small and desirable items such as tools and equipment. Residual Risk Low Risk Areas: Risks associated with the ongoing maintenance, management, tracking, reporting, accountability, accounting, and physical safeguarding of assets, including the organization’s assets used in support of business processes (i.e., facilities/buildings, transportation vehicles, mobile devices, IT equipment, etc.). Scope: Asset management includes the supply, deployment, and maintenance of the organization’s resources; it includes physical or logical access to data and locations (offices, warehouses, etc.). Asset management is inclusive of the connected strategies, processes, people and technology that make up the foundation of enabling the organization to meet service levels and minimize the overall cost of asset ownership. Almost all City operational divisions use Cityworks for asset management, based on a GIS-centric approach. The City achieved this by rolling out Cityworks use and implementation over the last 10 years. Since 2016, the City has had a dedicated Asset Management Technician to support asset management activities, liaise with divisions, and provide trainings. However, at least one operational division—Traffic Signals—continues to leverage alternative asset management solutions. Fully leveraging the asset management program across all operational units would decrease the City’s risk of compromised asset performance, human error in inventory tracking, and missed asset maintenance. Employees in multiple departments reported concerns that small items (such as tools/equipment) are being comprehensively and consistently tracked. The City has also not conducted a full asset inventory in at least three years. Monitoring and tracking assets are key functions of asset management, and without a robust approach the City is at increased risk of inefficient management of tools and equipment, as well as increased risk of theft and /loss of City assets. 245 Enterprise Risk Assessment Report | 55 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Q: How well do you feel the assets of the City are tracked and accounted for? As the City continues to add programs and assets, it will be increasingly important to leverage the existing systems and integrate as possible. For example, the carpool and bike fleet services may be strengthened by being more integrated into the fleet system. FACILITY CONDITIONS The City conducted and documented the results of a comprehensive facility condition and use efficiency assessment in 2018. The goal of this assessment was to provide the City with a long-range planning tool by identifying the investments needed to keep facilities maintained and functioning adequately. In the Condition Facility Report, most of the 46 facilities assessed were rated between two and three on a scale of one (critical repairs needed) to five (excellent condition), with some exceptions on either end. The assessment also identified space shortages, including a significant shortage at City Hall and the Senior Center. Q: How would you rate the condition of the facilities (buildings) used by the City? The same assessment reported that previous engineering studies have indicated that City Hall’s structure is deficient in seismic force resistance. As noted in the External Environment section, Cupertino is in a seismically active region with several active earthquake faults. One of the longest and most active faults in the world, the San Andreas fault, crosses the western portion of the City. 9% 42% 40% 7% 2% Extremely well Very well Moderately well Slightly well Not well at all 4% 22% 42% 23% 9% Excellent Good Average Poor Terrible 246 Enterprise Risk Assessment Report | 56 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Low-to-Moderate Impact Likelihood Preparedness Trajectory Moderate Low-to-Moderate Moderate-to-High Decreasing Risk Mitigation ● Continue efforts to institutionalize enterprise decision-making at the senior leadership team level. ● Develop a cascading communication framework to improve internal communication. ● Provide additional management training focusing on leadership, change management, and communication. Residual Risk Low Risk Areas: Risks associated with organizational leadership, management practices, leadership strategic activities, and operating styles. Scope: Management's philosophy and operating style affect the way an organization is managed, including the kinds of risks accepted. The attitude and daily operating style of top management affect the extent to which actions are aligned with risk philosophy and appetite. A collaborative management team that can communicate and make decisions through an enterprise leadership lens is a critical component to operational effectiveness. Staff report that the City’s leadership collaboration has improved greatly over the last year or two and attribute this improvement to the leadership style of the City Manager. At the end of 2019, the City Manager arranged a leadership retreat for Department Directors, which began to break down historical siloes among operations. Additional opportunities to improve enterprise decision-making remains. Many of the employees in leadership positions across the City are relatively new to their roles, which provides an opportunity to enhance enterprise decision-making. Overall, leaders reported being very supportive of one another and open to opportunities for collaboration which was reflected in survey responses that fully reported that the senior leadership team works at least moderately well together. However, the focus on enterprise decision-making represents a cultural shift in the way the City has historically operated and will take time to be fully realized. The following positions have either been filled recently or will need to be filled within approximately the next year:  CIP Manager  City Manager 247 Enterprise Risk Assessment Report | 57 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY  Assistant City Manager  HR Manager  Parks & Recreation Director  Asst. Parks & Recreation Director  Parks Manager In order to support new City leaders, the City offers supervisory and managerial training. Based on survey results, this training may benefit from a revision. Less than half (41%) of respondents reported that the management training they have received was either excellent or good. Management training is imperative to succession planning and strong leadership that supports the City’s values and workplace culture effectively. Q: How well do you feel that the senior leadership team at the City works together? During interviews and as reported in survey responses, internal communication was noted to be inconsistent across departments. In particular, there is a perception that a knowledge gap exists between what is shared at the director level and what is communicated to staff. This is exacerbated by a lack of positions focused on internal communications. Almost one-third (29%) of surveyed staff reported that the quality of leadership communication was either poor or terrible, with employees in the Public Works and Parks and Recreation departments giving the lowest ratings. This suggests that opportunities for improvement in communication exist within these departments. 30% 50% 20% Extremely well Very well Moderately well Slightly well Not well at all 248 Enterprise Risk Assessment Report | 58 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY Overall Risk Level Low-to-Moderate Impact Likelihood Preparedness Trajectory Moderate Low-to-Moderate Moderate-to-High Increasing Risk Mitigation ● Plan to re-evaluate the City’s current public safety agreements and the current level of service provided at certain levels of growth in the community. ● Evaluate options to resource the City’s growing need for code enforcement staffing and related activities. ● Evaluate options to resource the City’s desired level of service in delivering emergency services and related activities. Residual Risk Low Risk Areas: Risks associated with public safety services, including level of services, funding, and community issues. Scope: Public safety includes emergency services such as law enforcement, fire, dispatch, and community disaster response programs. PUBLIC SAFETY Cupertino contracts both its Police and Fire services with Santa Clara County, which is a somewhat unique operating model. The Santa Clara Sherriff’s Office and Fire Department both assign a primary contact for the City to oversee operations within city limits. One benefit of the regional approach to police and fire services is the ability for the County to redistribute resources as needed on an ongoing basis. For example, if a significant event occurs in Cupertino, regional resources can be dispatched to the scene and vice versa. Both the Sheriff’s Office and Fire Department report a close relationship with the City, in particular with the City Manager and Emergency Services Coordinator. While services appear to be sufficient for the current population within the City, with additional development and changes in the City’s transient population levels, additional levels of service are likely to be required to maintain public safety. The table below reflects the number of reported property and violent crimes in the City over the last three years. Since 2019, violent crime has dropped by 28.6%, but property crimes have increased by approximately 5%. Overall, levels of crime appear low relative to other communities in the region. 249 Enterprise Risk Assessment Report | 59 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY PROPERTY CRIMES REPORTED VIOLENT CRIMES REPORTED 2017 970 77 2018 956 72 2019 1,018 55 Percent Change +4.9% -28.6% Source: FBI UCR Data 2019 In the employee survey, levels of the sense of safety were reported as good or excellent by 86% of survey respondents, which aligns with the reported crime data. Q: How would you rate the overall feeling of safety in the community? The Santa Clara County Fire Department noted the impact of traffic on response times, which may present a need to build another fire station in the future to access emergency situations in a timely manner. Additionally, there continues to be an elevated risk associated with wildfire season lasting longer and intensifying in the local area, particularly the foothills of the City. Department representatives also noted the impact of transient populations on call volume and fire risk, which could impact future service delivery needs. Q: How would you rate the effectiveness of the public safety services delivered to the City? CODE ENFORCEMENT The City employs 3.5 FTE Code Enforcement Officers who enforce non-emergency and preventative life-safety issues around zoning, building, housing, and fire code compliance. Code enforcement functions serve a critical role and are responsible for supporting the health, safety, and economic well-being of the community. Staff report that this function is under-staffed and unable to adequately address all necessary concerns. However, jurisdictional issues can also prevent code enforcement from acting on citizen complaints Therefore, these responsibilities should be clarified, and response expectations established prior to adding resources into this function. 36% 50% 11% 2% Excellent Good Average Poor Terrible 33% 52% 15% Excellent Good Average Poor Terrible 250 Enterprise Risk Assessment Report | 60 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY EMERGENCY RESPONSE The City’s Office of Emergency Services consists of one full-time employee. The office is responsible for coordinating emergency response and recovery efforts, including running volunteer responder programs and community response training. The City runs a Community Emergency Response Team (CERT) program, which is sponsored by the Federal Emergency Management Agency (FEMA). The office is also responsible for maintaining, reviewing, and updating the City’s Emergency Operations Plan (EOP), which was last published in June 2019. While the City has made significant progress in addressing its emergency operations, the City will likely need to identify additional resources to support the Office of Emergency Services. One full-time employee is likely insufficient to meet the rising demands, highlighted in part because of the role the City government continues to play during the COVID-19 pandemic. Overall Risk Level Low to Moderate Impact Likelihood Preparedness Trajectory Moderate Moderate Moderate-to-High Flat Risk Mitigation ● Re-institute the resident satisfaction survey to track public perception over time and engage a broader potion of the community. ● Secure translation services for ongoing resident communication. Residual Risk Low-to-Moderate Risk Areas: Risks associated with the organization’s reputation and the public’s perception of the organization, including its competency (financial performance, safety and security, responsiveness), transparency (openness and integrity), and guardianship (demonstrating care and consideration). Scope: The reputation of an organization refers to how a broad group of stakeholders perceive the accumulated decisions, actions, and behaviors of the people within an organization. This social judgement is influenced both directly and indirectly by interactions with employees, with programs and services, and by commentary in the public domain (e.g., news stores, press release, social media). As a local government entity, the City’s reputation and relationship with its residents is the heart of its success. The operations of a local government like the City are complex and multi-faceted and impact the lives of residents, either directly or indirectly, every single day. In general, staff report that the City has built a positive relationship with members of the public. However, some distrust may exist due to 251 Enterprise Risk Assessment Report | 61 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY the embezzlement discovered in 2018, the City Manager turnover, and issues with the prior City Attorney. The City’s communication team proactively responded to these issues to the extent possible and reports ongoing strengthening of its function in collaboration with City leadership. Most survey respondents (74%) reported that the City has a good or excellent reputation within the community, despite also reporting mistrust between staff and the Council. In both interviews and survey responses, employees noted that the City strives to be highly responsive to community needs and operate as transparently as possible. For example, the City website has an Open Government Portal that provides residents with direct access to meeting minutes and various City records. Almost half (47%) of survey respondents reported nearly daily interactions with members of the community. Only 3% of respondents reported that the City was not sufficiently responsive to citizen feedback, with nearly half (48%) reporting that levels of responsiveness were too high. In interviews, staff noted high levels of responsiveness to citizens who were active in voicing their concerns to Council members and City employees, which may also skew community engagement. Q: How responsive is the City to resident feedback? Similar to other cities, Cupertino staff report that it struggles to balance its response to the loud voices of a few over the quiet voices of the many in its community. A primary way that cities seek to engage and solicit feedback from their broader communities is through resident satisfaction surveys. Historically, the City conducted resident satisfaction surveys on an annual basis; however, a survey has not been conducted since 2017. Without this tool to reach citizens who do not actively attend Council meetings or participate in other forms of ongoing community engagement, these voices can be lost in the larger community discussion. Another complexity to Cupertino’s community engagement and communication paradigm is the number of citizens who do not speak English or speak English as a second language. The City has not yet defined what documents should be translated into other primary local languages, such as Hindi and Mandarin, and currently relies on bilingual employees rather than a translation service to perform this additional work. Given the large number of citizens who require translation services, the City should ensure that important documents are translated and consider securing contracted translation services on an ongoing basis. Items such as budget-at-a-glance, strategic plans, meeting invitations, and the resident survey, at a minimum, should be translated into both Hindi and Mandarin to support engagement within those communities. 23% 25% 51% 3% Far too responsive Slightly too responsive Appropriate level Slightly too unresponsive Far too unresponsive 252 Enterprise Risk Assessment Report | 62 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY EMPLOYEE SURVEY RESULTS Distribution of a risk assessment questionnaire was sent out to City employees, and was open for submission from September 23 through October 1. Out of the 245 employees invited to take the survey, 112 individuals submitted either full or partial responses to the survey (a participation rate of 45.7%. YEARS OF TENURE EMPLOYEE LEVEL1 1 Only management-level employees were asked to rate overall level of risk for each category. 14% 10% 33% 13% 31% 33% 9% 18% 6% 12% 6% 14% Tenure in Position Tenure with Organization Less than 1 1 to 2 3 to 5 6 to 10 11 to 15 More than 15 23% 40% 77% 60% Senior Leadership Management Yes No 253 Enterprise Risk Assessment Report | 63 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY DEPARTMENT HOW WOULD YOU RATE THE ORGANIZATION’S LEVEL OF OVERALL RISK? ACCOUNTING AND FINANCE ASSET MANAGEMENT 31% 23% 19% 8% 7% 4% 4% 3% Public Works Community Development Parks and Recreation City Manager's Office Finance Innovation & Technology Administrative Services Other 19% 43% 26% 7% 5% Low Low to Moderate Moderate Moderate to High High 23% 49% 19% 2% 7% Low Low to Moderate Moderate Moderate to High High 254 Enterprise Risk Assessment Report | 64 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY CAPITAL IMPROVEMENT PROGRAM COMPLIANCE AND FINANCIAL REPORTING ETHICS AND FRAUD, WASTE, ABUSE EXTERNAL ENVIRONMENT FUNDING AND ECONOMICS 19% 36% 26% 12% 7% Low Low to Moderate Moderate Moderate to High High 18% 38% 38% 3%3% Low Low to Moderate Moderate Moderate to High High 14% 44% 21% 19% 2% Low Low to Moderate Moderate Moderate to High High 7% 16% 26% 42% 9% Low Low to Moderate Moderate Moderate to High High 5% 19% 48% 17% 12% Low Low to Moderate Moderate Moderate to High High 255 Enterprise Risk Assessment Report | 65 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY GOVERNANCE HUMAN CAPITAL AND RESOURCES INFORMATION SYSTEMS AND TECHNOLOGY INTERNAL CONTROLS 10% 29% 37% 15% 10% Low Low to Moderate Moderate Moderate to High High 14% 23% 40% 16% 7% Low Low to Moderate Moderate Moderate to High High 23% 53% 14% 7% 2% Low Low to Moderate Moderate Moderate to High High 17% 32% 39% 12% Low Low to Moderate Moderate Moderate to High High 256 Enterprise Risk Assessment Report | 66 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY MANAGEMENT AND LEADERSHIP OPERATIONS AND SERVICE DELIVERY ORGANIZATION AND STAFFING PLANNING AND STRATEGY POLICIES, PROCEDURES, AND PROCESSES 11% 40% 24% 18% 7% Low Low to Moderate Moderate Moderate to High High 9% 14% 43% 23% 11% Low Low to Moderate Moderate Moderate to High High 9% 20% 40% 20% 11% Low Low to Moderate Moderate Moderate to High High 12% 21% 47% 16% 5% Low Low to Moderate Moderate Moderate to High High 11% 30% 36% 18% 5% Low Low to Moderate Moderate Moderate to High High 257 Enterprise Risk Assessment Report | 67 FOR INTERNAL USE OF CITY OF CUPERTINO ONLY PROCUREMENT PUBLIC SAFETY REPUTATION AND PUBLIC PERCEPTION RISK PROGRAMS 15% 33% 36% 9% 6% Low Low to Moderate Moderate Moderate to High High 34% 32% 17% 12% 5% Low Low to Moderate Moderate Moderate to High High 19% 47% 16% 14% 5% Low Low to Moderate Moderate Moderate to High High 9% 30% 30% 19% 12% Low Low to Moderate Moderate Moderate to High High 258 259 CITY OF CUPERTINO Agenda Item 21-8782 Agenda Date: 2/22/2021 Agenda #: 6. Subject: Embezzlement Debrief CITY OF CUPERTINO Printed on 2/16/2021Page 1 of 1 powered by Legistar™260