101-Annual Report 2009-10 Final Draft.pdf2010
Fiscal Year 2009 - 2010
2009A n n u A l R e p o R t
[ 2
e x e c u t i v e S u m m A RY
Cupertino remains fisCally stable in a time when maintaining the status quo
is a remarkable achievement. the City has managed this feat through diligent fiscal
prudence as well as proactive economic and program development. even more im-
portantly, this achievement has not come at the cost of innovation or of service.
the number of awards received by the City is as numerous as ever. the City continues
to apply for and receive many grants which, most importantly, allow us to success-
fully and effectively provide the services expected and needed in our community. the
success of our services and programs is an important reason for ongoing community
support. Cupertino’s high levels of volunteerism and resident satisfaction remain the
envy of many communities especially during these difficult economic times.
introduction
3 ]
this past year, City Council policies proved
once again that taking the long view
pays significant dividends. an
important tool for navigating difficult economic
and budgetary choices has been the fiscal
strategic plan. this plan and its constituent
recommendations helped the City explore and
propose ideas for both cost savings and rev-
enue generation. as we begin to see a distant
light at the end of the tunnel economically,
staff will continue to seek proactive solutions
for protecting the taxpayer while continuing to
provide necessary local services.
an important example of recent success in this area was the preservation of utility tax
dollars through a successful ballot initiative. not only were prior funds released from
legal limbo but the initiative also ensured that this revenue stream remains available
in the future.
the City was especially pleased to be able to provide a budget summary brochure
in the september issue of the Scene magazine. this was the first year that a sum -
mary of the city budget was sent to every residence and business within Cupertino.
the overwhelmingly positive reaction to this document has solidified a resolution to
continue this new addition to our city’s longstanding tradition of transparency and
accountability.
b udget
[ 4
the economy continues to be the number one story in the nation, the state, and in our
community. our city used a variety of tools to address the many challenges the weak
economy created. the City responded to the lending slow-down by working with the
development community to extend project expiration dates and considering changes
that better position commercial projects for financial investment and subsequent
ground breaking.
under Council leadership, the City is preparing for
economic improvement by creating business-friendly
policies, such as the sign ordinance amendment, examining the development
review process that focus on streamlining and technological improvements, and
proactively creating new green building standards that are tailored for Cupertino.
the office environment remained one of the best in
silicon Valley in spite of the departures of two long-time companies, Hp and
symantec. However, in both cases, vacated space has already translated into new
investment. seagate announced a headquarters move to Cupertino. apple leased
two symantec buildings on torre avenue and also invested $30m in tenant improve-
ments in former Hp buildings on Vallco parkway. meanwhile, panasonic leased an
office building on tantau, signaling the rejuvenation of the mid-sized tenant market in
the city. the overall office/r&D vacancy rates remained low and the lease rates were
among the highest in the Valley. this strategically positions the City for the transition
of Hp’s 95 acres north of pruneridge into additional revenue generating opportunities.
small business support remains a priority. the City played a
prominent role in hosting two business classes in an all-mandarin
format in collaboration with the Chamber of Commerce. addition-
ally, the City provided significant resources to restaurants through
economic Development
5 ]
marketing efforts, visible partnerships and events, and educational events such as
the “restaurant bootCamp” summer series. restaurant bootcamp is an intensive
day of classes and networking geared toward both potential and established restaurant
owners, managers and chefs. the event, presented by san francisco-based five
star restaurant Consultants and co-sponsored by the City of Cupertino, provided
restaurateurs with strategic and tactical advice on navigating the economic climate.
Palo
Alto
Mtn
View/
Los
Altos
Cupertino San
Jose
(south)
West
Valley
San Jose
IBP/
Milpitas
Santa
Clara
San
Jose
(north)
San
Jose
(Down-
town)
Sunny-
vale
$0.00
$0.50
$1.00
$1.50
$2.00
$2.50
$3.00
$3.50
$4.00
$4.50
$5.00
$5.50
Average Asking Rate
(Class A)
Silicon Valley Office Report, 3rd Quarter 2010
$5.25
$3.10 $3.09
$1.65
$2.49
$1.60
$2.04 $1.92
$2.18
$2.65
Palo
Alto
Mtn
View/
Los
Altos
Cupertino San
Jose
(south)
West
Valley
San Jose
IBP/
Milpitas
Santa
Clara
San
Jose
(north)
San
Jose
(Down-
town)
Sunny-
vale
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
Total Vacancy
7.8%8.1%
10.7%11.3%
16.1%17.4%18.4%
20.7%
22.9%
45.8%
Cupertino has the 3rd lowest vacancy (10.7%) and 3rd highest asking rates ($3.09)
for class A office in Silicon Valley.
Source: CB Richard Ellis 3rd Quarter 2010 Silicon Valley Office Report
[ 6
awards and recognition
the City of Cupertino continues to be a leader in
program development and quality. last year the City received
many awards and much recognition for its work.
the City once again won a Helen putnam award from the league of California Cities
— its fourth in the last five years. this year, the award was for the City of Cupertino's
block leader program for enhancing public trust, ethics and community involvement.
the program enlists residents to improve communication and public safety in city
neighborhoods.
the City was recognized last year by the California emergency services association
for the remarkable success of the communitywide emergency preparedness drill held in
october of 2009. only five such awards were given in the entire state.
not to be outdone, blackberry farm also began to receive awards for the outstanding
job with the integration of natural habitat and recreational use. the first prize garnered
by the stevens Creek Corridor phase 1, park and Creek restoration was a site
design award from santa Clara Valley urban runoff pollution prevention program
7 ]
the mary avenue bicycle footbridge
continued to capture many new
awards, including:
• The Helen Putnam Award for Excel-
lence in Public Works/Infrastructure
and Transportation
• The American Society of Civil Engi-
neers Outstanding Bridge Project of
the Year
• McGraw Hill Construction Award of
Merit, Transportation Facilities
• McGraw Hill Construction Outstanding
Engineering Design
• Construction Managers Association
of America National Award — Infra-
structure Projects Under $15 million
• American Society of Engineers Out-
standing Bridge Project
• American Council of Engineering
Companies of New York, Gold Award
• The California Transportation Foun-
dation Tranny Award for Outstanding
Bicycle and Pedestrian Project of the
Year.
(sCVurpp). this award recognizes ‘low impact
development’ that protects water quality and seeks
design measures that reduce runoff, provide storm
water treatment, prevent storm water pollution, and
serve as a visual amenity. the program recognizes
public and private projects that can serve as models
for others.
once again Cupertino continued to lead by example
with its financial reporting standards. the City
received the California society of municipal finance
officers (Csmfo) award for excellence in budgeting
for its 2009/10 budget. the budget awards program
is designed to recognize those agencies that have
prepared a budget document or communication tool
that meets certain professional standards. this will be
the 12th year that the City has received this award.
[ 8
the activities in our community span an amazing
range of interests, languages and cultures. the City provided
tennis lessons in six languages, sponsored business seminars in mandarin, hosted
boot camps for our restaurants and conducted leadership training for our residents.
Cupertino’s innovative programs have become the greatest constant in our community.
the City also won the Government finance officers association (Gfoa) Certificate
of achievement for excellence in financial reporting. this program recognizes
state and local governments that go beyond the minimum requirements of generally
accepted accounting principles to prepare comprehensive annual financial reports
that evidence the spirit of transparency and full disclosure.
the City also continued to receive national awards for its coverage of public meetings
and community events. the national association of telecommunications officers and
advisors (natoa) honored the City Channel with a third-place award in Category 1:
public/Community meetings for its Crest awards 2009 coverage. natoa is an
international association that represents the communications needs and interests
of local governments, and those who advise local governments. the City’s toughest
competitors continue to be the much larger cities of Denver and seattle.
Community activities
9 ]
established festivals such as the fall festival
have evolved, while new ones such as Dwali
continued to grow. Guided by the vision of our
City Council, additional community assets were
created including the long anticipated sterling/
barnhardt park and a new cricket pitch at library
field. both of these projects were created to
better serve the unique needs within our com-
munity.
in spite of difficult challenges that may come our way, City staff continues to
effectively implement the priorities and high standards
set by City Council. program innovation and excellence continue to be the
hallmark of our organizations. these core values are only exceeded by the creativity
and dynamism of the community we serve.
following the vision and policies of our Council, our City staff will continue to create
and maintain a vibrant community environment to enhance the quality of life for our
residents and the businesses that are located here.
Conclusion
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 10 of 37
Parks and Recreation Department
There are four divisions within the Parks and Recreation Department. They include the Senior
Center, Youth and Teen Division, Sports and Fitness Division, Blackberry Farm/ Quinlan
Community Center/Special Events. The following are highlights from last year.
Administration
The Cupertino Parks and Recreation Department aligns its programs and activities to the
department’s vision, mission, values, and outcomes. The department vision is “A Positive,
Healthy, and Connected Community”. This vision is what we hope will be the result of our
efforts in our community.
Our mission, or how we will work to achieve the vision is, “The City of Cupertino Parks and
Recreation Department is committed to provide opportunities, resources, and services to the
community to enhance the quality of people’s lives through recreational, educational, and
cultural experiences”.
The department’s core values are Community, Quality, and Trustworthiness.
Our outcomes are:
Healthy Community
Creative and Playful Community
Well Educated Community
Connected and United Community
Fiscally Responsible Organization
The department’s operating budget for Fiscal Year 2010-2011 is $8,931,083. 70% of our
operating budget is recovered through program fees. We want to increase this cost recovery to
75% over the next three years.
The programs and budget by outcome are as follows:
Healthy Community
$3,304,777
Program examples include Blackberry Farm Golf Course, Cupertino Sports Center, Tai Chi,
Senior Center Blood Pressure and care giver support, Sports and Fitness Lap Swim
Creative and Playful Community
$2143,460
Program examples include Summer Camps, Recreational Swimming at Blackberry Farm Park,
Adult Dance, and Play Reading for Fun at the Senior Center
Connected and United Community
$1,652,250
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 11 of 37
Program examples include Community Service Camps, Festivals support, Friendly Visitor
Program, Senior Trips, and Senior Case Management
Well Educated Community
$1,428,973
Program examples include Pre-School classes, English as a Second Language classes, After
School Enrichment programs, Summer School, and Personal Computer classes for Mandarin
speakers.
Fiscally Responsible Organization
$357,243
Highlights for Fiscal Year 2009-2010
Completed the community discussion on off leash areas for dogs.
City Council voted to build a fenced dog park on Mary Avenue
Worked with Public Works and the Stocklmeir Task Force to design the Stevens Creek
Corridor Trail Phase 2
Evaluated the first year of Blackberry Farm operations and made adjustments to reduce
the impact on the surrounding neighborhood including reducing maximum daily capacity
from 800 to 525.
Added a large slide at the Blackberry Farm swimming pools.
Worked with Public Works to clean up the Simms property including improved signs.
Reopened a renovated ball field at Memorial Park
Completed the new tennis court lights and the resurfacing of the tennis courts at the
Cupertino Sports Center
Kicked off the Helping Hands volunteer program to keep McClellan Ranch, Stevens
Creek Corridor Trail, and Blackberry Farm Park clean and free of invasive plants.
Expanded summer school offerings for high school students
Worked with Public Works to turn the Quinlan Fountain into the Quinlan Terrace.
Continued to grow the multicultural activities at the Senior Center
Worked with Public Works to complete the new Sterling/Barnhart Neighborhood Park.
Rebranded the Senior Trips program to focus more on the educational experiences
resulting in an increase from 70% of capacity to 95% of capacity.
Worked with World Journal organizers, the Cupertino Rotary, and immediate neighbors
to improve the World Journal Festival experience for attendees and neighbors
Worked with a committee representing business, service organizations, and school
districts to rework Leadership Cupertino to Leadership 95014. New program launched in
September 2010
Fiscal Year 2010 – 2011 Projects
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 12 of 37
Work with Public Works to secure grant funding for a new Environmental Education
Center at McClellan Ranch Park
Work with Administrative Services to better organize the Cupertino volunteer program
Continue the Helping Hands volunteer program and make adjustments based on the
initial year of operation.
Launch Leadership 95014
Work with Anderson Brule Architects and Public Works develop a facility strategic plan
for updating Quinlan Center
Install new irrigation for the Blackberry Farm Golf Course replacing the existing 40 year
old system
Reactivate the wells at Blackberry Farm Golf Course
Work with Fremont Union High School District to offer Cupertino programming of the
new sports fields when not in use by the school district
Evaluate the Cupertino Parks and Recreation Summer programs to be sure the programs
meet the needs of the community, improve marketing and communication about the
program offerings, and remain competitive
Work with Public Works to address the geese and duck problem at Memorial Park
Add irrigation to the Stocklmeir Farm orange groves
Work with Public Works to provide access to Blackberry Farm Park from the west side
of the park
Parks and Recreation Commission
The Commission consists of five members appointed by the council to four-year, overlapping
terms. The Commission advises the City Council on municipal activities in relation to parks and
recreation, including park site acquisition and development, recreation program policy, and
expansion of the park program as development occurs.
In June 2008, the Commission also began studying options for an off-leash dog policy. In
October 2008 and February 2009, the Commission and Staff, facilitated a community discussion
on off-leash areas for dogs. In April 2009, the Commission gave their recommendations to the
City Council.
The Commission also addressed the operating policies for Blackberry Farm Park. The
Commission has been working on the issue of the geese and ducks at Memorial Park.
Teen Commission
The Teen Commission is comprised of nine members serving overlapping two year terms. The
Teen Commission advises the Council on youth and teen issues. In 2009-2010 the Teen
Commission led the effort to encourage more middle and elementary school students to walk or
bike to school through the Walk One Week (WOW) program. The Teen Commission provided
significant input on the new Teen Room at the Cupertino Library. The Commission also did a
number of community service projects.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 13 of 37
McClellan Ranch Park
The completion of the first segment of the Stevens Creek Trail and the addition of park benches
along the trail has given the community new ways in which to enjoy the nature preserve. Nearly
4000 elementary school children, preschool, kindergarten, high school and De Anza College
students participated in the creek education program an increase of more than 2000 from the
prior year. There were 2751 participants in Community Nature and Environmental Education
programs. Volunteers working at McClellan totaled 220 this past year.
The Rolling Hills 4-H Club, UC Cooperative Extension Master Gardeners, and the Santa Clara
Valley Audubon Society continue to be valuable partners to the ranch experience. The Santa
Clara Valley’s Wildlife Education Day attracted 600 participants to their annual event. The
Community Garden program remained popular with over 68 plots reserved and a waiting list for
new gardeners. The naturalist continues to work with volunteers on park improvement and
restoration projects.
Quinlan Community Center
There were 272 Quinlan Community Center rentals in the last fiscal year, generating $73,630.
Community Hall had 122 rentals, generating $18,582. The 88 rentals for Memorial Park facilities
generated $5,640. Linda Vista Park was rented 62 times, generating $3,880. And 68 rentals for
Portal Park produced $4,010 in revenue. At Blackberry Farm Park, there were 266 rentals
generating $38,125
Special events include: Cherry Blossom Festival, World Journal Festival, Fall Festival, Diwali
Festival, Ikebana and the Iranian Federated Women’s Club event.
Summer events at Memorial Park included: Cinema at Sundown, Summer Concert Series and
Shakespeare in the Park. These are all widely supported by the community.
Senior Center
This area provides services for people aged 50 and over, including recreational activities, social
services, educational programs and information on health insurance, immigration, housing, and
other issues of interest. The Senior Center annual membership is at 2243 members. Aging Baby
Boomers (50-62 year olds) make up 24% of the membership. The Junior Mature group (63-71
years old) makes up 31% of the membership and the Senior Mature group (72 years plus) makes
up 45% of the membership.
Educational Programs and Recreational Activities
More than 56,600 senior participants attended classes, socials, special events, and trips offered
by the Senior Center.
Services for Seniors
The purpose of the Case Management program is to connect seniors with community resources
that can help them remain independent and safe in their own homes. The Case Manager has
provided services to 90 homebound seniors.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 14 of 37
There were seven Friendly Visitors visiting homebound seniors once a week to provide
socialization, monitoring, and safety checks. This group of volunteers recorded an estimated 450
hours. Telephone Monitor program volunteer continue to call homebound and at risk seniors to
provide safety checks.
Senior Adult Legal Aide serves 180 seniors annually. Health Insurance Counseling and
Advocacy Program provides assistance at the senior center twice per month, and Housing
Consultation program continues to be well utilized. There are also four volunteer registered
nurses who rotate to come to the senior center weekly and provide free blood pressure checks to
over 480 seniors annually. Caregiver Support Group is held once per month.
Volunteers
The Senior Center greatly benefited from 218 Senior Center member volunteers. The different
opportunities for volunteers include front desk, translation and interpretation, hosting,
instruction, kitchen crew, performing groups, newsletter, special events, and social services.
These volunteers logged 18,054 volunteer hours this year. The Senior Center Desk Volunteers
and the Rhythmnaires Band were CREST Award recipients in 2010.
Sports and Fitness Division
The Sports and Fitness Division includes the operation of the Cupertino Sports Center. This past
year, 7,100 tennis lessons were given to youth and 900 lessons to adults. The Sports Center
enjoyed a successful year offering a variety of fitness classes and team programs. Revenue
generated was in excess of $1,600,000. The Summer Learn to Swim Program provided
instruction to approximately 1,800 participants during the summer with revenue of $149,900.
There were over 1,300 participants in the youth gymnastics classes. Adult Dance and Fitness,
Aerobics, and Yoga had over 3800 participants and generated $93535 in revenue. Youth Dance
and Fitness had 1117 participants and generated $81,702 in revenues.
There were close to 4,000 youth participants and close to 100 adults in the sports-related
contractual classes. The Monta Vista Recreation Center continues to be utilized by many co-
sponsored clubs, gymnastics classes and pre-school classes.
In April 2010, the Big Bunny Fun Run had over almost 600 participants and this year, was
nominated for the Governor’s Council on Physical Fitness and Safety Committee Award. The
winner will be announced in mid-September. The Big Bunny Fun Run generated a profit of
$2,574.
Blackberry Farm Golf Course
The contractual maintenance of the golf course continues to be outstanding with many customers
expressing their satisfaction on the condition of the course. The golf course accommodated over
43,000 rounds of golf last fiscal year generating over $580,000.
Youth/Teen Division
Summer Camps
Currently, the Youth/Teen division offers five employee-run camp programs for youths, 18 mo-
12 years. Summer 2010 had 908 participants enrolled in the camp programs, which have
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 15 of 37
generated $120,261 in revenue. Staff is evaluating current program offerings and will make
adjustments to increase revenue in 2011. The City offers a variety of contractual camps in
addition to our staff run camps. The contractual camps generated $433,000 in revenue.
Playground Program
There were 106 youths registered for the drop-in playground program, which is offered at three
playground sites: Creekside Park, Portal Park, and Memorial Park. This is the sixth year in
which a registration fee is being charged for residents and non-residents to participate in this
program. $13,935 has been generated in revenue in 2010.
After School Enrichment Program
The Afterschool Enrichment program offered classes in the areas of: art, music, foreign language,
science, karate, sports, dance, chess, math, theater, public speaking and debate. The total number
of participants for the year was 1388. The total annual revenue generated for the program was
$224,010.
Teen Programs
The Teen Center has maintained its level of service and there are 488 teens registered at the Teen
Center. Activities at the center include: air hockey, Play Station 2/Nintendo Wii games, Foosball,
pinball, movies, pool, and a computer lab composed of 5 PCs.
The Teen Commission also worked in partnership with West Valley Community Services to
gather holiday gifts for local teens for the second year.
In 2010, the summer Leader in Training Program had 35 participants. An all-day teen camp,
Club 2010 had 37 participants. Cupertino Parks and Recreation Department and Fremont Union
High School District partnered to offer a College Planning Workshop and a College Essay
Workshop for high school students, which had a total enrollment of 251 students.
The 2010 summer Cupertino Community Service camp had 57 participants. The camp provided
a day of volunteer service at a number of sites including the Cupertino Library, Cupertino Senior
Center, and one of the County parks.
Preschool Programs
The summer pre-school programs prepare students for independent pre-school. In summer 2010,
there were 452 participants in the pre-school programs generating $26,078 in revenue.
The Preschool program is offered to 3-5 year old students at two locations: Quinlan Community
Center and Monta Vista Recreation Center during the months of September-June. Kindergarten
readiness activities are included in the curriculum: arts and crafts, music, motor movement,
science and nature, group games, sharing, cooking and more. The Preschool program serves an
average of 127 students per session. Students generally register for all three sessions during the
school year. The program generated $252,800 in revenue.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 16 of 37
Public Works Department
The Public Works Department provides services in three program areas:
Engineering: general municipal engineering of infrastructure, traffic engineering and signal
systems operations and maintenance for 55 fully actuated traffic signals, architecture, and
development review.
Capital Improvements: This year saw completion of the design and construction of capital
projects including the close out of the Mary Avenue Pedestrian Footbridge, Stevens Creek
Corridor Project which included work at Blackberry Farm and McClellan Ranch, some Park
renovations and other like facilities. Also completed this year was the Sterling Barnhart Park
and the Quinlan Center trellis project. In addition, increased effort in Street maintenance
projects of over $3 Million. Several traffic signal modification projects, and a number of
facilities upgrades that had been deferred for several years, including the retrofit of a filtering
system for the Community Hall fountain are other highlights of the Capital Improvement
Program (CIP) in 2009-2010.
Environmental Management: includes management of environmental programs including
the $7.0 million annual solid waste contract. The successful negotiation of a new solid waste
contract with Recology Inc. was approved by City Council May 18, 2010. The program
includes processing storm water runoff permits and recycling of waste materials.
Currently there are five managers and 10 staff professionals responsible for these three programs
and their workloads.
In addition, the Department operates the Municipal Service Center and provides maintenance
services through four Divisions associated with:
Facilities: maintenance of all City owned facilities including such major buildings as City
Hall, the Library, Quinlan Center, and the Senior Center, along with the Creekside, Monta
Vista and Wilson Park Recreation Centers and other smaller facilities.
Grounds: maintenance of all parks and grounds, including Memorial Park and ten
neighborhood parks, as well as 52 acres of school playgrounds and related facilities.
Streets: maintenance of all streets, facilities and equipment in the public right of way,
including almost 450 lane miles of public streets, all sidewalks, curbs, gutters, signs and
markings, the storm drain system, over 13,000 street trees and approximately 32 acres of
median and overpass landscaping.
General Services: maintenance and installation of over 3,250 streetlights, 155 pieces of
motorized or wheeled equipment, 200 power tools, the maintenance of the entire service
center yard including storage of materials and hazardous waste and material disposal.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 17 of 37
Community Development Department
The Community Development Department provides services in four program areas.
Planning – responsible for the long range and current planning functions of the City. The
collection of long-range planning documents establishes the policy structure directing growth
and change in the City. The current planning function implements the long-range policy
structure through design and land use reviews of proposed development applications. The
current planning function also includes building plan checking, temporary and permanent
sign permit issuance, business license reviews, and zoning code enforcement. The division
also monitors federal, state and regional issues to ensure that the City complies a seemingly
endless stream of new mandates and implements up-to-date standards to address emerging
development needs and trends.
Building - safeguards the health, safety and welfare of residents, workers and visitors to
Cupertino by effective administration and enforcement of building codes and ordinances
adopted by the City, and by providing field inspections, plan checking and public
information services related to construction.
Housing - responsible for administering the City’s federally funded Community
Development Block Grant (CDBG) Program; administering the Below Market Rate (BMR)
Program; overseeing of the tenant/landlord conciliation/mediation contract; and promoting
the construction of affordable housing units.
Economic Development/Redevelopment - responsible for business attraction, retention,
support to local businesses, project facilitation and regional and community coordination.
The function also provides oversight of the Redevelopment Agency.
The department supports six committees and commissions including the City Council, Planning
Commission, Design Review Committee, Housing Commission, Environmental Review
Committee, and the Economic Development Committee. Additionally, the department supports
other City departments by providing development and environmental reviews for City initiated
projects and the Capital Improvement Program.
Planning Commission
The Planning Commission consists of five residents appointed to alternating four-year terms by
the City Council to hear and make recommendations on all advanced planning policy documents
and current planning applications described in the following sections.
Following are highlights from 2009-2010:
Planning Division
The number of planning applications increased by approximately 17% from 139 in FY 2008-
2009 to 162 applications in FY 2009-2010. This includes residential design review of 35 single-
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 18 of 37
family residences. The above application numbers do not account for preliminary or other
ancillary reviews associated with current planning.
The Planning Division worked on the following major projects:
“Main Street Cupertino” - Approval of the Mixed-use project for a 17.4 acre site at Stevens
Creek and Finch to include lifestyle retail, hotel and fitness club, office space and senior/age
restricted housing.
Homestead Square (PW Market) - Approval to demolish 96,000 square feet of existing
commercial space and the construction of 147,000 square feet of new commercial space at an
existing shopping center.
Sign Ordinance Update - in an effort to reduce exception applications and provide more
business friendly standards.
Historic Preservation/Commemorative Policy update
Wireless Communication Ordinance update
Water Efficiency Landscape Ordinance
Heart of the City Specific Plan update
Green Building Ordinance (ongoing)
Development permit process (ongoing)
Building Division
Building staff processed and plan checked 1,946 building permit applications compared to
2,098 in FY 2008-2009 (a decrease of 9%).
The Building Division conducted 16,602 building inspections in FY 2009/10 compared to
18,463 in FY 2008-2009. This decrease reflects the impact of current economic conditions.
Building valuation was $183 million in FY 2009/10 compared to $222 million in FY 2008-
2009.
Housing
2007-2014 Housing Element - The Housing Element, which was certified by the State
Department of Housing and Community Development in June 2010, shows the City’s plan to
accommodate the Association of Bay Area Government’s (ABAG) Regional Housing Needs
Allocation (RHNA) of 1170 units.
Community Development Block Grant (CDBG) Program - For the 2009/10 fiscal year, the
City’s entitlement was $390,930 with an increase for 2010-11 to $422,719. In May 2010, the
City Council awarded funds to support public service activities such as senior adult day care,
legal assistance for seniors, housing placement for the low and very-low income, and a
rotating homeless shelter.
Housing Programs -
Implemented the 2009/2010 Community Development Block Grant (CDBG) Program
Adopted the CDBG Citizen Participation Plan
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 19 of 37
Adopted the 2010-15 Consolidated Plan
Awarded CDBG sub-recipient grants for the 2010-2011 program year
Redevelopment/Economic Development
The following update encompasses both 2008-2009 and 2009-2010 fiscal years.
Facilitated high priority projects at Vallco Mall (formerly Cupertino Square) and the South
Vallco area. Following a year-long legal dispute beginning in 2008, and subsequent
foreclosure of the mall, new investors took control of the mall in 2009. Several important
mall improvements have taken place during this time period including the opening of the
food court, the re-opening of T.G.I. Fridays (which had closed abruptly in December 2008).
The Rosebowl project broke ground in August 2009.
Redevelopment activity awaits more substantial tax increment (TI) dollars. The modest TI
received to date has been beneficial since all Redevelopment Agencies have faced significant
raids from the State of California. Revenues showed a boost with the delayed County
Assessor’s reporting of the sale of the Rosebowl and out-parcel properties. An indepth
redevelopment presentation was made to City Council in May 2009.
Retail Recruitment/Retention -
There were 27 new retail leases in 08-09– a 35% increase from the previous year. The
addition of Staples filled a long-time void in the office supply category.
Leases in 09-10 paralleled this success with 28 new businesses including local favorite,
Aqui restaurant.
Staff provided support to the Cupertino Restaurant Association including: distributed
dining guide City-wide through the Scene, leveraged cooperative advertising
opportunities on KLIV AM-1590, and at the AMC Cinemas, hosted educational seminars
“Survive and Thrive” and “Restaurant Bootcamp”, and helped West Valley Community
Services launch the “Taste of Compassion” dining program.
Development Facilitation -
Staff provided support to South Vallco Master Plan process
Staff served as key point of contact with Apple and HP on numerous projects and helped
new tenants such as Panasonic to establish their operations in Cupertino
Staff assisted with Lane Partners purchase of Symantec’s buildings at Stevens Creek and
Torre – the largest office building sale for 2009 in Silicon Valley at over 300,000 square
feet
Staff advised on numerous retail center expansion projects and tenant build-outs
including Homestead Square and The Learning Game
Branding/New Business Outreach -
Staff continued to enhance web presence, and created new commercial district maps to
help with retail recruitment
Staff produced “Cupertino Commercial News” – and increased circulation to over 1,000
Frequent guest speaker/panel presenter in the Local Community and Real Estate industry
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 20 of 37
Development Policy -
Initiated Temporary Sign Ordinance Amendment to encourage well designed, pedestrian
oriented signage and Sign Ordinance Update to provide more flexibility for businesses
Advised on Heart of the City, General Plan Office Allocation increase, Housing Element,
Green Building Ordinance, and the Development Process Review
Regional & Community Coordination -
Silicon Valley Economic Development Alliance (SVEDA) – elected as Chair
NOVA Connect Center – new NOVA business liaison has linked businesses to summer
youth employment programs
Chamber of Commerce and Asian American Business Council – created a Mandarin class
for potential business owners (held in October, 2009 and February, 2010)
Created a “green business track” for the 2010 Growing Green Community Congress
featuring the County’s Green Business Program and a session on Green Jobs by NOVA
Economic Vitality -
Mailed 197 New Business Welcome Packages in 2008 and 2009
Oversight of Housing and CDBG Programs
Helped numerous businesses with specific needs/issues - Created opportunity for
Cupertino businesses to compete for catering operations at Blackberry Farm through
RFQ and RFP process
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 21 of 37
Sheriff’s Department
The principal mission of the Sheriff’s Office West Valley Division is to protect life and property.
The Sheriff’s Office is dedicated to the preservation of public safety by providing innovative and
progressive services in partnership with the community.
Criminal Activity
In FY 09/10, the City of Cupertino experienced a decrease in crimes against persons, most of
which were cases involving assaults. There was an increase in the number of Rapes and
Robberies reported during the year.
The decrease in the number of overall reports of crimes against persons is partially due to the
increased efforts to involve and make the community aware of circumstances that help to protect
them against behavior that can lead to assaultive behavior. The increased activity and awareness
on the part of the deputies assigned to work in the City, is a contributing factor to the decline in
crimes against persons. The community has been responsive to the information and suggestions
made to prevent placing themselves in positions that could be harmful. The Sheriff’s Office has
continued efforts to work with students and schools to provide additional awareness and
education to help resolve and prevent opportunity for criminal behavior, but it is also the
participation by a number of groups within the community that has helped to reduce crimes
against persons. Programs provided by the School Resource Officers, as well as the School
Enforcement Deputy, have contributed to the decrease as well. Sheriffs continue to provide
education on awareness and how to better prepare for a robbery to any bank, or institution that
would be subject to this type of event. Deputies work with staff and management to educate
them on signs to be aware of, how to react in the event that a robbery takes place, and what to
expect when the Sheriff’s Office arrives on scene. Robberies are on the rise due to the economy.
Cupertino has seen a 38% increase in robberies. It should be noted that robberies are not just
related to banks, but also persons. If someone removes or takes an item from a person or store,
and there is force used to accomplish the final act, this is also a robbery.
Person Crimes FY 08/09 FY 09/10 Change
Homicide 1 0 -1
Rape 3 7 +4
Assault 57 38 -19
Robbery 13 18 +5
Domestic Violence 67 79 +12
TOTALS 74 63 29
The number of reported rapes for FY 09/10 increased. There were two incidents that occurred
that were a result of people meeting at an event and then deciding to go together to another
location. Once at the location, the sex act took place while all parties involved were extremely
intoxicated. The other five events occurred as a result of a prior dating relationship where the
parties knew one another, and the act was a result of one party not understanding that the
relationship had ended. None of the incidents reported during the year were a result of an
unknown suspect stalking and attacking victims randomly in the City. The Sheriff’s Office will
be providing educational programs in the schools to help address some safety concerns for
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 22 of 37
students and situations that could put them at greater risk. We hope that through the additional
education that we can help those that may be placing themselves in positions of risk to better
recognize this, and provide means to reduce the likelihood of being victimized.
Property Crimes
In FY 09/10 property crimes (burglary, theft, auto theft, and identity theft) showed a decrease
overall. Burglaries were the only property crimes this year that increased. There was a decrease
in thefts, including Identity theft. This is actually a testament to the visibility and proactive
approach being taken by the Sheriff’s Office. Due to the recent economic trends, property
crimes have been on the rise in almost all cities throughout the county. Cupertino is
experiencing its share of property crimes, but the trend, as shown below, has not been
tremendously out of the norm from recent years given the recent trends. Identity theft is still the
unknown crime that has a number of outside influences that make it difficult for prevention. The
Sheriff’s Office has made many efforts to provide education on ways to better secure your
identity, and preventative measures to be taken at both home, and in the community. We have
also provided more feedback and outreach to the community this year to help make residents
aware of the trends, especially those related to property crimes. We are hoping that further
educational opportunities and involvement of the community will help to bring the number of
identity theft incidents down over the next couple of years.
There were a number of residential and auto burglaries throughout the year. The numbers did go
up marginally. The Sheriff’s Office has been very proactive in their efforts to be visible in
residential and commercial areas. Detectives have also continued to actively pursue the incidents
that have occurred, and several arrests have taken place. Again, the economy has contributed to
these types of incidents since property crimes are primarily crimes of opportunity. The Sheriff’s
Office will continue to work with the community on educational programs to help protect them
from becoming a victim of these types of incidents. It is only with the combined efforts of law
enforcement and the public that we will continue to maintain control over these incidents. The
Sheriff’s Office now has a criminal analyst in place, thanks to the support of Cupertino, which
can provide further assistance in identifying criminal trends, especially related to burglaries.
This information can then be shared with the patrol divisions to monitor and patrol areas for
suspicious activity.
Traffic Activity
In FY 09/10, there were 812 accidents. This is an increase of 56 collisions from the previous
year. The traffic units have consistently worked to address accident related violations throughout
Property Crimes FY 08/09 FY 09/10 Change
Burglary 511 527 16
Theft 281 183 98
Auto Theft 51 51 0
Identity Theft 122 86 36
TOTALS 965 847 118
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 23 of 37
the City, with a special concentration around the schools. There was an effort made this fiscal
year to address more of the red light and moving violations that contribute to many of the
accidents, especially in the area of the schools. These efforts were reinforced with the grants that
were obtained to put out additional units to provide the directed enforcement. The overall
citations issued decreased by 199 citations. There were efforts put forth to enforce the new
vehicle code violations for cell phone use. This accounts for a large part of the increase in
citations in the area of non-moving violations, 468. Cell phone violation citations do not count
as a moving violation for DMV. We did obtain an additional grant this year to conduct red light
enforcement.
Traffic Collisions FY 08/09 FY 09/10 Change
Fatal 0 3 3
Injury 128 150 22
Property Damage 628 659 31
TOTALS 756 812 56
Pedestrian Involved Accident 4 5 1
Bicycle Involved Accident 7 8 1
TOTALS 11 13 2
Traffic Citations Issued FY 08/09 FY 09/10 Change
Moving Citations 7154 7196 42
Speed Citations 2222 1403 819
Non-moving Citations 5547 6015 468
TOTALS 14,823 14,614 199
Response Times
Response Times FY 08/09 FY 09/10
Response Times Avg Time # of Calls Avg Time # of Calls
Priority 1 3.52 125 3.89 164
Priority 2 5.76 5090 5.86 5,169
Priority 3 9.23 5332 9.26 4,929
Overall Avg 6.17 10,547 Avg 6.34 10,262
The Sheriff’s Office responded to 10,262 calls for service during FY 09/10. This was a decrease
of 285 calls for service. We have continued to strive to meet our goals with the City of five
minutes for Priority 1, nine minutes for Priority 2, and twenty minutes for Priority 3 calls. As
can be seen from the above numbers, we came in well under the goals set for Priority 1, 2 and 3
calls for service. The additional units that have been out assisting to enforce the number of
property crimes and maintaining visibility in residential areas has helped to reduce response
times as well. We have exceeded our goals established with the City for response times. The
Sheriff’s Office prides itself on self-evaluation, and this has helped to increase our response to
the needs of the City.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 24 of 37
Other Activities
The Sheriff’s Office applied for and received two grants from the California Office of Traffic
Safety (OTS). One grant funded the overtime costs to operate Driving Under the Influence
Patrols (DUI Enforcement Patrols) in July 2009, September 2009, December 2009, and May
2010. The DUI Patrols were put out to assist in the City of Cupertino in locating drivers under
the influence. The use of additional patrol units to enforce DUI violations has proven more
productive for enforcement purposes then did the checkpoints previously used. We also received
a grant to purchase a sign trailer to assist with DUI enforcement, and speed enforcement within
the City.
The second grant that we received was to perform “Red Light Violation” enforcement. We
spread this out over four sessions, and performed directed enforcement in Cupertino for these
violations. The traffic units from Cupertino and Saratoga were used on overtime to enforce the
violations in Cupertino.
The Sheriff’s Office provided two directed enforcement days in cooperation with CHP, looking
to enforce the new cell phones laws. This resulted in a number of citations for those that have
chosen to ignore the new regulations.
In July 2007 West Valley Patrol implemented a new approach to enforce various criminal
activities taking place throughout the City. Detectives and Patrol deputies put forth a more
cooperative effort in the investigation of cases to reduce the case load for detectives, and increase
the involvement of deputies familiar with circumstances in the field. The result of the new
approach that was implemented has continued to provide the City with a high number of
property related crimes being resolved. Not only are the crimes being resolved with suspects
arrested and prosecuted for the crimes committed, but items of property valuable to the residents
of the City have been returned. Once again we continue to provide arrest numbers that increase
each year. We continue to work toward the resolution of more incidents, and hope to continue
along the same path this year. In 2009, a fourth detective was added to the unit due to the
volume of cases this division handles, and the results that are put forth. This fourth position was
agreed upon by the contract cities, including Cupertino. This has helped respond to the increase
in burglaries, and other crimes in the City.
West Valley Patrol implemented a new schedule in 2008. This schedule helped to bring
additional resources into the City without an additional cost to the City. Most importantly, this
schedule has allowed for more opportunity for training. On the training days, we now bring in
topics and areas of interest that relate to criminal and community behavior. Community
members have participated to help deputies better understand their expectations of the Sheriff’s
Office, and the differences in perception from their community, and culture. We understand that
various cultures perceive law enforcement differently. We must assure that deputies understand
this and react accordingly when responded to a request for service.
Department Programs
The two School Resource Officers continued their involvement in youth programs aimed at
education, prevention, and intervention. These deputies have also worked closely with school
officials in offering assistance and guidance. They participated in the Teen Academy, School
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 25 of 37
Attendance Review Board (SARB), Every 15 Minutes Program, Code Red Training, DUI Court,
Juvenile Diversion Program, Sober Graduation, Mentor Program, and Parent Project program.
The School Resource Officers provided presentations on the following: Bully and Respect, 9-1-1
Protocols, Drug Awareness, Red Ribbon Week, Stranger / Danger, Youth Violence Prevention,
Zero Tolerance, Bicycle Safety, and Internet Safety. Over 14,000 Cupertino students
participated in these presentations.
The Sheriff’s Office worked very closely with the management at Vallco to establish a combined
effort toward enforcement both within the mall, and around the perimeter. The efforts have
included training, meeting with security staff, and providing both Sheriff’s Office and Security
unmarked enforcement in the parking structures to help resolve a number of auto burglaries and
auto thefts that had taken place at the mall. The combined efforts have been helpful to address
the number of auto related thefts and burglaries, and we will continue to build on this working
relationship during the upcoming year. This relationship has also been helpful in addressing the
increased number of juvenile incidents in and around the mall. We also took this relationship
one step further by allowing security to work with us in training for a “First Responder” or
“Active Shooter” incident at the mall.
In May 2008, Council had allocated $49,000 toward directed enforcement around schools in the
City. As a result, the Sheriff’s Office was able to continue to provide additional enforcement
around many of the schools this year. The additional enforcement was well received by school
staff and residents. It helped to relieve some of the congestion in the area, educate drivers on
safety concerns, and provide a safe environment for students to walk or bike in school areas. We
hope to continue much of this effort again this coming year since it was so effective.
The Sheriff’s Office developed and provided a number of directed enforcement actions this year
to help with the safety concerns for motorists and pedestrians in crosswalks. The traffic units in
the City of Cupertino were tasked with identifying a number of crosswalks in the City that
contribute to some of the safety concerns for motorists and pedestrians. Upon observing a
number of violations, a determination was made to conduct directed enforcement actions at each
location. Each time this was done, the traffic units issued approximately 47-51 citations for
drivers that failed to yield to pedestrians in crosswalks. The purpose of these actions is not to
issue an increased number of citations, but to educate the drivers in the area of the potential
safety risks to pedestrians.
The Sheriff’s Office looked into, and was prepared to implement, a new program for parents in
the community with juveniles that are out of control, or in trouble with the law. The program is
called “Parenting Project.” Parents can sign up for a 12 week workshop and learn proven
techniques that can help build a positive relationship with their kids. We have experienced a
number of these juveniles in the community. We were able to complete the preparation for this
program and offer the first 12 week program in the spring of 2010. The class went from
February 2010 to April 2010. We had 14 parents sign up for and participate in the first program.
The program was successful, and many parents were very appreciative of the information they
were provided. Some changes in behavior, both on the part of the parents and children, were
already noticed by the time the class was completed.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 26 of 37
The Sheriff’s Office had the opportunity to train a traffic deputy to be certified in Commercial
Enforcement during the year. We now, once again, have a deputy that is trained in the
recognition of commercial truck violations, and trained in the proper techniques to inspect trucks
for safety, hazmat and license violations. This has been very helpful to many members of the
community that have concerns about the number of large trucks, and trucks with loads, that
travel through the City and neighborhoods. The position has afforded these community members
with an outlet to voice their concern, and have their concerns addressed appropriately. We were
also able to enter into and MOU with Lehigh Cement this year to help to fund part of this traffic
position as a result.
The Sheriff’s Office is in communication with, and interacting with more of the community and
residents that we serve in Cupertino. We understand the concerns that many residents face, and
will continue to face, with the current difficult economy. The state of the economy has an effect
on the quality of life, and has also brought in criminal elements from outside of Santa Clara
County. Many of the criminals that we are arresting, identifying, and completing follow-up on
are from outside of Cupertino, and most often outside the County. With the diverse community
in Cupertino, the change in dynamics that take place here in Cupertino Monday thru Friday due
to the employment opportunities Cupertino provides, and the fact that many come to prey upon
these conditions, it is important that we, the Sheriff’s Office, recognize this and understand the
need to communicate. We will continue to work together with the community to make residents
and businesses aware of ways to better protect themselves, and recognize suspicious activity that
hopefully result in calling the Sheriff’s Office. Our management analyst will be going out and
meeting with the Chamber of Commerce to provide messages and programs to businesses and
how they can help reduce the number of employees that are victims of criminal activity, as well
as their homes and business.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 27 of 37
Public and Environmental Affairs
During the past year, the City has experienced growing regulatory demands from the state, along
with a heightened level of interest from the community on all issues relating to sustainability. For
the past ten years, the City of Cupertino has been implementing environmentally sound policies
and practices.
Environmental Affairs
Charged with convening and coordinating interdepartmental and community-focused policies
and programs that conserve both financial and natural resources, the Environmental Affairs
Division continues to achieve measurable results this fiscal year (www.cupertino.org/green).
The expansiveness of the milestones achieved by the small Environmental Affairs Team is made
possible through grants acquired through the Department of Energy, partnerships established
with public agencies and local nonprofit organizations, and internships launched by the Kirsch
Center for Environmental Studies at De Anza College.
Background
Cupertino's current environmental goals are guided by the following Council Actions, alongside
regulatory requirements (AB32, AB939, SB375) and the recently completed municipal and
community-wide greenhouse gas emissions inventories:
1. The U.S. Mayor's Climate Protection Agreement signed in 2008, 2009, 2010
2. The 2005 General Plan Environmental Resources/Sustainability Element (Chapter 5)
3. The Environmentally Preferred Procurement Policy adopted in July 2007
4. The Bay Area Climate Compact adopted by Council in September 2009
Grant Support
In August 2009 Cupertino received a $526,200 Energy Efficiency and Conservation Block Grant
from the Department of Energy DOE EECBG to prioritize projects that reduce utility
expenditures for both the City and its residents and hedge against future utility rate increase. The
project will also directly reduce greenhouse gas emissions from the primary stationary sources
over which the City has direct operational control. Specifically, Cupertino is using these funds
to:
Implement streetlight retrofits and irrigation controller retrofits, starting August 2010,
which will result in annual savings of 813,003 kwh, 34,374,394 gallons, 882,570 pounds
of CO2 and $235,882.
Partner with Acterra Green@Home to install energy and water savings devices to renters
and homeowners free of charge (called a “HouseCall”). Since the program began in July
2008, volunteers have completed a total of 83 HouseCalls, eliminating 98,644 lbs of CO2
emissions per year and saving the average household over $150 per year
(www.acterra.org/green@home).
Within the Acterra audit and retrofit program, City staff identified a gap in funding to motivate
residents to implement additional actions identified during the HouseCall. To further expand the
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 28 of 37
success of the program and achieve greater financial and environmental benefits for our
community, Cupertino created two new programs with the following goals1:
Tree 4 Free! –Partner with local nurseries to provide a free tree to residents and
businesses as a means to grow our City’s urban canopy to offer community-wide air
quality, energy savings and carbon sequestration benefits (www.cupertino.org/tree4free).
Go Green Grants – Expand the reach of the existing utility rebate programs by providing
residents with a grant to make improvements in their homes, businesses, schools,
churches, and organizations (www.cupertino.org/gogreengrants).
Partnership-Based Achievements
Through collaborative efforts, local governments demonstrate that working together can save tax
payer dollars, save energy, and offer an example for environmental leadership. The
Environmental Affairs Division achievements outlined below exemplify the value of
partnerships to advance mission critical work during resource constrained times:
Power Purchase Agreement – A Solar Power Purchase Agreement (SPPA) is a financial
arrangement in which a third-party developer owns, operates, and maintains the
photovoltaic (PV) system and a host customer agrees to site the system on its property
and purchases the system’s electric output for a predetermined period. In partnership
with Santa Clara County, Joint Venture Silicon Valley and several other cities, Cupertino
will confirm and select qualified vendors for work beginning in October 2010 on 3
carport structures located throughout the City. As a whole, the project is comprised of 7
public agencies, 70 sites and 15MW of power (www.jointventure.org).
Santa Clara County Green Business Program – Cupertino’s Business Development and
Environmental Affairs programs are acting as liaisons between Santa Clara County and
local businesses to achieve environmental compliance and take actions to conserve
resources, prevent pollution and minimize waste. Simply put, the program offers an
easy-to use framework for improving environmental performance within facilities and
grounds. The City is currently undergoing its own program re-certification, which is
anticipated in August 2010, for five of its facilities including City Hall, Community Hall,
Library, Senior Center and Quinlan Community Center (www.greenbiz.ca.gov).
Energy Upgrade Santa Clara County – On February 10, 2010, the Association of Bay
Area Governments (ABAG) was successfully awarded a $10.75 million State Energy
Program grant to fund Energy Upgrade California. The program has a defined scope of
retrofitting 17,000 homes (single family and multifamily) set to achieve an average of a
20% reduction in home energy consumption, while creating 1,739 home energy retrofit
jobs. Beginning in September 2010, Energy Upgrade audits will grow the scope of
Cupertino’s Acterra Green@Home program to stimulate interest in comprehensive home
retrofits such as added insulation, weatherization, heating, ventilation and air
conditioning upgrades, new windows and energy efficient appliances, resulting in
significant reductions in energy and water consumption within participating homes
(www.sccenergyupgrade.org).
Earth Day Film & Fun Festival – In April 2010, Cupertino hosted its 2nd Annual Earth
Day Film & Fun Festival in partnership with fifty environmental nonprofit partners and
businesses. With attendance estimated at nearly 750 community members, guests
1 Program participation requires that residents first complete a Green@Home House Call (www.acterra.org) and
organizations complete a checklist through the Bay Area Green Business Program (www.greenbiz.ca.gov).
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 29 of 37
participating in this year’s program more than doubled that of last year’s festival. The
event showcased the diversity of programs available to support residents interested in
learning new ways to reduce domestic and landscape water consumption, conserve
energy, generate renewable energy, use alternative forms of transportation and more.
Families spent the day test driving electric scooters, purchasing native & drought tolerant
plants, exploring a large demonstration solar photovoltaic array, registering for upcoming
composting and gardening workshops, along with visiting educational booths. Children’s
activities included a Community Hall screening of Disney Earth and Pixar’s Wall-E,
passport program, tour of Environmental Program’s Enviroscape, and eco arts & crafts.
Climate Action Plan – In its March 2009 CEQA Guidelines update, the Resources
Agency added a new provision, Section 15183.5, which provides a framework for
programmatic greenhouse gas emissions reduction plans as part of general plan updates
(www.ag.ca.gov/globalwarming/ceqa/generalplans.php). Given this change, staff are
currently working with other local cities to develop a Climate Action Plan template
intended to be a plug and play document to take off the shelf and easily customize with
minimal assistance, minimizing costs to develop the plan. The template, scheduled to be
completed in the winter of 2010 will include a suite of actions to reduce greenhouse gas
emissions defined in an easily understandable easily understandable way, yet with
enough detail to ensure staff has clear direction on how the actions can be implemented.
Planning for the Environment
The Community Development Department has welcomed the Environmental Affairs team
support to shape the following local policies that achieve new state regulatory requirements,
namely the Water Efficient Landscaping Ordinance and CALGreen, community values and
ambitious environmental goals:
Green Building Ordinance – Buildings in the United States are responsible for 39% of
CO2 emissions, 40% of energy consumption, 13% water consumption and 15% of GDP
per year. Given these facts, the City is working throughout the community to structure an
ordinance by October 2010 that responds to the Santa Clara County Cities Association’s
goal to provide a baseline green building policy that achieves the region’s climate change
goals and ensures cross-jurisdictional consistency of policies that govern the design,
construction, retrofit and demolition of buildings. In partnership with Global Green,
Cupertino hosted a series of focus group meetings to design an ordinance establishes a
framework for developers and property owners, including the City itself, to implement
practices that lead to cost-efficient and energy saving sustainable buildings, workspaces
and learning environments (http://www.cupertino.org/greenbuilding).
Water Efficient Landscaping Ordinance – Landscape irrigation can account for up to fifty
percent of residential water use. The revised Water Conservation in Landscaping Act of
2006 (Assembly Bill 1881, Laird) seeks to reduce that quantity by requiring that local
agencies adopt a model landscape water efficient landscaping ordinance by January 1,
2010. In partnership with working group formed by the Santa Clara Valley Water
District, the City worked to develop a regional ordinance that is as effective in conserving
water as the Department of Water Resources’ updated model ordinance. This draft
ordinance was presented to the community on March 10th for feedback, reviewed and
refined by the Planning Commission on March 23rd and was granted final approval by
Council on May 4th (www.cupertino.org/welo).
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 30 of 37
Public Affairs
The mission of Cupertino Public Affairs is to increase public awareness, interest, understanding
and participation in City issues, programs and services. Communications from the City derive
from, and are designed to serve and strengthen, the public trust. Information to support this
process must carefully avoid two extremes: too much information obscures as much as too little.
Achieving this type of communication requires planning and information design. Each element
of the process needs to support the public process, council decision-making and the work of City
staff.
Consequently, a high priority for Public Affairs continues to be implementing a coordinated and
comprehensive internal and external communication program for the City. Priority projects have
focused on greater capacity and coordination of communication so that the City will be better
able to communicate with, and serve, the public.
The Public Affairs Division is responsible for planning and implementing a comprehensive
internal and external communications program for the City of Cupertino. This includes keeping
the community well informed of City services and activities while keeping the City employees
and elected officials well informed to assist them in serving City residents.
As technology and communication methods advance, the Public Affairs Division is continually
looking toward new effective ways to distribute information. The Cupertino website is
continuingly being updated with new functionality and recent broadcasts of City meetings. The
Cupertino City Channel provides a wide variety of locally produced and acquired programming.
Radio Cupertino has begun broadcasting this year. The Public Affairs Division continues its
mission to increase public awareness, interest, understanding and participation in City issues,
programs and services well into the next fiscal year.
Web Services
The City web specialist coordinates with the all departments to make sure that the City’s website
is current and up to date. Staff is continuing to add more service-oriented functionality to the site.
The webmaster also is in process of designing/implementing the City’s Intranet. The staff is also
responsible for managing teen commission, blackberry farm, Cupertino-library websites, and a
brand new teen website this year. The website staff oversees the overall hosting, deployment and
content updates for the web platform.
The web specialist also collaborates with the Information Technology Department in the e-
services program. This is the fastest growing means for residents to request services and
information from the City.
Last year the City web site averaged approximately 400 thousand page views per month,
generated by an average of over 24 thousand absolutely unique web site visits per month with an
average of more than 120 thousand page views per month.
City Channel
City channel staff broadcast all City Council, planning commission, and parks and recreation
commission meetings. Staff also produced an economic development video, the state of the City,
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 31 of 37
the Cupertino Recognizes Extra Steps Taken (CREST) Awards and several training videos. The
City channel also covered community events, festivals and forums.
Radio Cupertino
WQGH344 (Radio Cupertino) is the City of Cupertino's AM radio station, began broadcasting
on the frequency of 1670 AM in March of 2007. Radio Cupertino provides residents with up-to-
date information on City news, community events, construction projects, road conditions,
weather forecasts and emergency preparedness. Cupertino City meetings are also broadcast at
various times throughout the week. In the event of an emergency, local residents can tune into
Radio Cupertino for the latest information on the nature of the emergency, the impact of the
emergency on the community, and instructions for local residents.
Cupertino Scene
This year, the newly redesigned Cupertino Scene publication remains an important source of
City information for the community and for the media. Consistent with the rest of the nation,
print publications are decreasing in readership. However, as a multimedia document the Scene is
a cue for weekly newspapers that frequently use stories and topics from the publication. The
Scene has also become an information-rich destination on the website. It is expected that the City
web site will soon eclipse the Scene as the most important source of community information.
Public Access
The City provides public access services to Cupertino through KMVT, Comcast Cable station 26
and via YouTube. A savings of $57,000 continues to be realized annually. Due to its relationship
with KMVT, video production classes are offered as part of the recreation schedule and local
high schools are exploring the possibility of coverage of high school sports in Cupertino.
Franchises
The City of Cupertino inaugurated a new video franchise with AT&T through the new State of
California franchise process. Enacted by recent state legislation, this statewide video franchise
requires payment of a 5% per ratepayer franchise fee.
Awards
The City of Cupertino will receive two awards this year. One award is in the category of public
and community meetings at the National Association of Telecommunications Officers and
Advisors (NATOA) 2009 Government Programming Awards. Cupertino regularly competes
with some of the largest cities in the nation, most recently Denver and Los Angeles.
Another award will be a 2009 Savvy Award from the City County Communicators and
Marketing Association (3CMA) in the Digital Interactive – Website category, for outstanding
local government achievements in communications, public-sector marketing and citizen-
government relationships.
Technology Information and Communication Commission
The Technology Information and Communication Commission (TICC) has been working closely
with the Planning Commission and Planning Department staff regarding the Wireless Services
Master Plan. One of the few cities with a planning document of this type, with the rapid change
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 32 of 37
of technology, the commission has made a priority of updating the document. The TICC has also
taken a leadership role dealing with community concerns regarding WiFi and cellular
technology.
Sister City Program
Cupertino enjoys a range of cultural, educational, and economic exchange programs. Cupertino
enjoys two sister City relationships with Toyokawa, Japan and Hsinchu City, Taiwan, Republic
of China. Cupertino’s sister City relationships are governed by local ordinance and International
Sister Cities, Inc. The Sister City Program has thrived because of broad-based community
support. It is a community program, coordinated by the Cupertino-Toyokawa and Cupertino-
Hsinchu Sister City Committees, with the support of the City of Cupertino and the Cupertino
Union School District.
Community Relations
About 350 residents participate in the Cupertino Neighborhood Block Leader program.
During the year, City staff coordinated two orientations for new leaders, a bus tour of Cupertino
for block leaders, and an annual recognition event. Staff also began an on-line block leader
newsletter produced three times a year. Block leaders have been key in delivering timely and
pertinent information to their neighbors about building activities and new Citywide programs.
Leaders were vital to the City’s first Citywide preparedness drill and reached 41 percent of
18,700 homes during the exercise last fall. About 30 percent of the block leaders are CERT-
trained. More than 60 percent of Neighborhood Watch leaders also serve as block leaders.
Community Events
Cupertino is a vibrant, active community with a diverse population and monthly events that
provide something for everyone. In the past fiscal year the City has collaborated with many
organizations to bring celebrations, events and education fairs to the residents and employees.
JULY
4th on the 3rd
4th of July Celebrations
Shakespeare in the Park
Summer Concert Series
OCTOBER
Cupertino Safety Fair
Diwali Festival
Ikebana Flower Show
IFWC Cultural Arts
Festival
JANUARY
Master Planning in North
Vallco
Community Workshop
APRIL
Big Funny Run
Cherry Blossom
Festival
Earth Day
Free Shredding Day
AUGUST 2006
Cinema at Sundown
NOVEMBER FEBRUARY MAY
World Journal
Festival
Bike to Work Day
SEPTEMBER
Cupertino Jubilee
Celebrations
Citywide Garage Sale
DECEMBER
Breakfast with Santa
Light up the Night
MARCH
Lunar New Year Unity
Festival & Parade
South Vallco
Community Workshop
JUNE
Organization of
Special Needs
Families Festival
Summer Concert
Series
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 33 of 37
Administrative Services Department
The Administrative Services Department is comprised of eight divisions including Finance,
Information Technology, Human Resources, City Clerk, Code Enforcement, Community
Outreach (Emergency Preparedness, Neighborhood Watch), Economic Development, and
Treasury.
Finance
The Finance Division updates City financial records, collects and disburses all monies, handles
payroll, and supports the Audit Committee. It compiles Federal, State and County reports,
prepares the budget and financial statements, monitors spending and revenues, and issues
business licenses. Accomplishments this year include:
Facilitated a $1.358 Million budget adjustment at midyear without service cuts or layoffs.
Prepared a balanced budget for fiscal years 2010/11 through 2014/15 that manages the
economic downturn with a reduced revenue base while supports the City’s operational and
capital needs.
Prepared annual financial reports for 2008/09 with a clean audit opinion.
Obtained GFOA Award of Excellence for the City’s annual financial report and the CSMFO
Excellence Award for the City’s annual budget.
Created the “Budget-At-A-Glance” brochure that gives key budget information in an easily
understood format.
Facilitated our utility user tax measure that passed with 75% voter approval and protected
$600,000/yr for the City.
Prepared request for proposals and selected new accounting firm for audit services.
Provided quarterly general fund revenue and expenditure projections.
Issued 6,586 vendor checks, 6,548 payroll deposits and checks, and 1,630 purchase orders.
Renewed 3,200 business licenses and granted 774 new licenses.
Sent out 406 bills for false alarms, property damages, and grants.
Coordinated updates to the annual fee schedule.
Provided cost analysis for labor negotiations and served on the labor negotiation team
Evaluated financing alternatives for the Siemens’ energy savings project.
Facilitated the review of our revenues, expenditures and reserve levels and proposed new
programs through the Fiscal Strategic Plan.
Coordinated American Recovery and Reinvestment Act grant accounting and reporting.
Analyzed the IA Securitization Proposal from the State and recommended against
participation.
Analyzed and subsequently withdrew from the CALID program to save approximately
$50,000/year and ensure that services were still provided by the Sheriff’s office.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 34 of 37
Treasury
This function is responsible for investing a $50 million portfolio with the goals of safety,
liquidity and rate of return. During the fiscal year, all investments complied with our own policy
and state law and provided adequate cash flow to meet operational and capital project
obligations. The division presented quarterly investment reports to the Council and established a
trust fund to pay for future retiree medical obligations.
City Clerk
The City Clerk prepares the council agenda and minutes, keeps an accurate record of all City
Council proceedings, maintains official copies of all City ordinances, and administers oaths to
City officials. The Clerk’s office also administers the local elections and is the filing officer for
Fair Political Practices Commission reports. Weekly duties include preparation, distribution and
posting of a variety of agendas and minutes, scanning City Council and Planning Commission
packets and documents to the Internet, preparing legal advertisements, and processing council
actions, including resolutions, ordinances, correspondence and maps. The Clerk’s Office staff
also responds to requests for records, processes and distributes in-house and postal mail, and
provides much of the City’s photocopying services. The City Clerk staffs the Fine Arts
Commission.
Elections/Initiatives
The City Clerk managed the November 2009 election, which had openings for three City
Council seats and a ballot measure to modernize the City’s User Utility Tax. Some of the tasks
associated with the election included:
Finalizing the Candidate’s handbook and meeting with 7 candidates to issue and receive
nomination papers, campaign finance disclosure forms, and other election-related
documents
Placing election notices in news media in five languages
Providing news media and interested parties with regular election updates by email
Updating the City’s elections web site
Public Notification
The City Clerk’s Office continued to provide the most up-to-date information available regarding
City Council meetings and action.
Updated the City’s on-line records weekly, including City Council agendas, minutes, staff
reports, resolutions and ordinances.
Provided on-line access to historical documents, including agreements, budgets, and annual
reports through the ongoing imaging program. The City web site now has all City Council
minutes, resolutions, and ordinances dating back to the City’s incorporation date of 1955.
Provided City Council meetings and documents on the City’s website with on-demand
streaming video. The video is integrated with agendas and complete staff reports.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 35 of 37
Accomplishments and Enhanced Services
The City Clerk’s Office began implementation of an automated agenda management program in
May and began implementation in early July of 2010. This program streamlined the distribution
of staff reports for review and approval. Documents are now created and routed digitally, saving
between 300 and 800 pages per packet.
Staff updated a number of procedure manuals used in the City Clerk’s Office. Major updates
included the following categories: Requirements for public notices; recording of documents with
the County Recorder; policies and procedures for scanning records into the City archives; new
administrative citation procedures developed by the Code Enforcement Office; and other
miscellaneous updates.
Staff also obtained new hardware and implemented an improved postage process which provides
enhanced services digital certified mail, bulk mail permits, and direct post office accounting.
Received a $1957 grant from the Arts Council Silicon Valley to offset the cost of the annual Free
Shakespeare in the Park performances in Memorial Park.
Routine tasks:
Prepared agendas and minutes, and printed and distributed packets, for 30 City Council
meetings.
Processed 38 legal ads, 236 resolutions, 28 ordinances, 16 claims, 1 appeal, 4 petitions for
reconsideration, and a variety of records requests. Recorded approximately 150
miscellaneous documents with the Santa Clara County Recorder.
Scanned packets and exhibits for 25 City Council meetings; continued scanning current
and/or prior year resolutions, ordinances, other commission minutes, budget documents, etc.
The Laserfiche database now contains approximately 255,156 pages that are available to the
public online (an increase of 191,000 since last year)
Prepared and microfilmed 855 files and destroyed 192 obsolete files.
Collected and reviewed 72 economic interest forms and 109 campaign disclosure statements
required by the Fair Political Practices Commission.
Recruited for all board and commission regular vacancies with terms ending in January, as
well as 1 unscheduled vacancy. There were 8 appointments made.
Responded to miscellaneous requests by the public and other agencies.
Compiled information for State of California mandate reimbursement claims
Fine Arts Commission
Met with project developers and reviewed and/or approved public art proposals for the PW
Market center expansion, the Markham Apartments public park, an equipment enclosure at
Jollyman Park, and artwork for a T-Mobile monopole.
Sponsored a student art exhibition at the annual Cupertino Cherry Blossom Festival.
Selected the Distinguished Artist of the Year 2010, painter Pantea Karimi
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 36 of 37
Emergency Services
The mission of the Office of Emergency Services is to facilitate, coordinate and provide
technical support to improve Cupertino’s disaster response and recovery through education,
training, volunteer development, partnerships and other readiness activities. Highlights include:
Public Education
Monthly preparedness articles for Cupertino Scene
Personal Emergency Preparedness Workshops – 160 students
Kaleidoscope Public Safety Training for young adults - 40 graduates
CPR classes - 72 trained
First Aid classes – 56 trained
Preparedness information at local festivals, block parties, schools, service clubs and other
community events.
Emergency preparedness website
Citywide emergency preparedness awareness campaign and distributed 10,000 flyers to
individuals and homes
Informational brochures at the library, City Hall and Quinlan Community Center
Readiness
Communication – Maintained Incident Reporter System common operating picture map,
AlertSCC countywide notification system, Government Emergency Telecommunications
System and Satellite phones tested.
Supplies – Maintained ARK inventory. Prepared GIS area maps of City to be used for
emergency canvassing.
Equipment – Purchased second radio frequency and additional Service Center radios to
provide communication at all City facilities. Completed phase two of mobile command
vehicle build out.
Personnel - Continued meetings of Cupertino Disaster Council to assist stakeholder
involvement in emergency planning.
Volunteers – Provided ongoing planning and training with Community Emergency Response
Team, Medical Reserve Corps, Cupertino Amateur Radio Emergency Services. 48 new
CERT graduates, 10 new ham radio operators, 5 new Medical Reserve Corps.
Developed strategies and procedures to manage Animals in Disasters and offer child care
services to volunteer responders.
Updated Disaster Mitigation Plan for Cupertino General Plan.
City Staff Training
90 per cent of City Staff trained in ICS100, ICS200 & IS700. NIMS Compliant for 2009
Conducted CERT training for employees.
Emergency Preparedness lending libraries set up in each City Facility, EOC, ARK and
Command Vehicle.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 37 of 37
Volunteer Training
Citywide volunteer exercise held over two days and five shifts. 600 volunteers, 5,000
volunteer hours. Received CREST award.
Updated Dam emergency plan and conducted tabletop exercise
Access and Functional needs shelter exercise by Department of Social Services. 60 members
of Department of Social Services, Red Cross, Cupertino Parks & Recreation, and Salvation
Army operated a simulated shelter at Quinlan Community Center. First shelter of its kind.
100 volunteers participated as shelter residents for 6 hours.
City Staff and 50 Citizen Corps volunteers (including mutual aid from other cities) used the
Incident Command System to manage July 4th activities at four sites.
Homeland Security Grant - $300,000 to purchase new Emergency Operation Center
Generator
Partnerships
Held monthly school preparedness meetings.
Executed Memorandum of Understanding with Verona Homeowners to place ham radio
antenna on their roof
Congressman Mike Honda obtained a Homeland Security Grant for Cupertino - $300,000
to purchase new Emergency Operation Center Generator
Donations
Rotary donated 8x10 U-Haul trailer for CERT/OES activities
Human Resources
Human Resources provides a full range of personnel and risk management services including
employee relations, labor negotiations, recruitment, selection, classification, compensation,
training, organizational development, benefits, retirement, workers compensation, insurance
administration, and safety. Special accomplishments:
Reorganized duties in the department to accommodate the HR Director vacancy for 12
months of the fiscal year, saving the City $192,450 in salary and benefits annually.
Remodeled the open HR office to accommodate a small conference room.
Successfully negotiated new two-year labor agreements with the Cupertino City Employees’
Association, Operating Engineers Local Union #3, Unrepresented Group and the City
Attorney group.
Conducted 30 recruitments (11 full-time and 19 part-time). Filled 12 full-time and 66 part-
time positions. Administered qualification appraisal boards, written exams, and established
eligible lists. Scheduled and monitored results of fingerprinted criminal history records
checks, pre-employment medical evaluations, and TB testing. Prepared offer letters and
conducted new employee orientation.
Organized one off-site management workshop for the mid-manager group.
Implemented and administered Phase III of the employee wellness program including
incentives, flu shots and brown bag workshops on weight management and meditation.
Fully automated on-line job applications, applicant tracking and interest cards. Participated in
the CalOpps public sector job board to provide “one stop shopping” for job applicants.
Increased the candidate pool and reduced recruitment timeframes.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 38 of 37
Hosted on-site CalPERS retirement & financial planning seminars.
Provided City staff training in following areas: Interview process; Microsoft Word/Excel;
harassment training; defensive driving; bike safety training.
Awarded $30,000 in ABAG Plan grants for successfully completing and implementing
ABAG’s best practice recommendations for risk management.
Updated Citywide Injury and Illness Prevention Program redefining/enhancing the role of the
Safety Committee.
Updated general liability, property and errors and omissions insurance.
Conducted quarterly labor management meetings with OE3 and CEA.
Served as Municipal Employee Relations Officer resolving grievances, conducting
investigations, and administering progressive discipline.
Administered employee benefits including, health, dental, vision, life insurance, long term
disability and deferred compensation. Conducted open enrollment for health and voluntary
benefits. Held a wellness fair for employee benefits with 35 vendors.
Scheduled retirement workshop meetings, quarterly committee meetings, and quarterly 457
plan informational meetings.
Updated job classifications. Prepared and submitted EEOC employment data reports.
Processed general liability claims, represented City in mediation and court proceedings and
ensured the timely response to requests for claims information. This task was transferred to
the City Attorney’s office mid-year
Administered performance evaluation program scheduling evaluations, providing supervisory
training and tracking. Implemented a program for timely completion of all evaluations.
Coordinated seven ergonomic evaluations and implemented recommendations.
Monitored and reported temporary employee hours.
Administered 19 workers’ compensation claims.
Processed seven employee retirements, two full-time employee separations and 30 part-time
employee separations.
Assisted City Council with the recruitment of the City Attorney position to ensure
compliance with IRS and CalPERS guidelines.
Participated in the formation of the West Valley Leadership Academy and hosted all sessions
in Cupertino.
Worked with the Environmental Affairs Division and created and implemented a Bike Fleet
Policy and Procedure.
Economic Development
The Economic Development function is a coordination of efforts between the Community
Development Department and the Department of Administrative Services. The two departments
work with local developers and property owners to encourage specific businesses to locate in the
City, including restaurants, theaters and bookstores. These efforts are specifically aimed at
projecting a business friendly environment throughout the organization. The Community
Development Department continues to develop and maintained a contact list to target specific
business.
Information Technology
This division provides and manages Citywide information technology. The IT Manager and her
staff implement the City’s Technology Master Plan, assist in training staff and maintaining and
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 39 of 37
troubleshooting information systems including; the Finance and Building systems, the Records
Management system, Recreation Reservation systems, and GIS, Code Enforcement, and
Community Development. Extending our network outside of City Hall, which also consisted of a
Smartphone project, has allowed staff to view email and work outside of the office. This year’s
focus was about continuing to improve customer service, through a paperless environment,
expanding our E-services goals, providing growth and stability for our expanding network,
upgrading our mission critical system to latest technology standard and strengthening security
and storage parameters for better network availability and protection. Specific accomplishments
this year included:
Continued internal changes and reporting for first level Payment Card Industry (PCI)
assessment
Completed PCI Gap Analysis consultation services for compliance and risk assessment.
Began selection process for full scaled log management and correlation appliance
Developed scope of work for hosted SASS environment for Parks & Recreation payment
applications and servers.
Bid and selected automation tools for vulnerability assessment, patch management, help
desk, asset management, remote desktop, administrative alerting, software licensing
management, application deployment, and power management
Installed and configured project management tools for compliance standards tasks and
reporting
Migrated to SAAS environment for Sports Center member management application
Replaced entire switched environment and redesign of network segmentation
Replaced firewall with latest Checkpoint UTM model that increased performance and
services for IPS, QOS, Endpoint encryption, Antivirus, and web filtering
Provided extensive monitoring of the Records Management servers.
Assisted as technical lead in Google Appliance implementation
Continued working on the Cupertino Security Policy, preparing for Security Awareness
Training
Facilitated the Code Enforcement application data to a new hosted Citizenserve system.
Maintained the Service Level Agreement for Apple products on our network; including
improved security for systems via Antivirus applications and network monitoring.
Maintained and supported access to 48 printers across 8 sites
Continued maintenance of the City’s imaging packages for faster build and delivery of
servers and workstations; maintained each install and delivery to specific user needs
Maintained all software applications to Windows XP standard; also included liberal support
for Office 2007 transition
Maintained Teen Center networks including support for two separate networking
environments.
Maintained and upgraded all Networked Servers with latest security vulnerability patches,
critical updates, hot fixes, antivirus, and optimization tools.
Maintained network environment to Community Hall and completed a major upgrade
configuration
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 40 of 37
Updated Disaster Recovery (DR) Plan with backup rotation and tape retention; preparing for
DR Project Phase II including research of cloud computing options.
Upgraded Internet filtering application, the network security systems, disaster recovery
system, the checkpoint firewall system, and antivirus programs for server and desktop
deployment.
Continued participation in the Countywide GIS Partnership Project, including updates to
Regional County-wide basemaps
Maintained successful internship programs
Continued to upgrade E-services applications and its infrastructure for improvements to
system
Maintained all equipment and software inventories
Completed over 1,800 Helpdesk work orders
Upgraded Class System for Quinlan and Senior Centers including reservation system
database, IVR phone system, Payment Processing Server, and registration web server
Continued support to PIO/Video department for their Intranet and web projects, video editing
and publishing infrastructure, and environment and hardware for webcam, ftp, and audio
streaming services
Finished Smartphone project policy for use and support; Blackberry Enterprise configuration
awaiting final approval
Assisted Public Works staff w/ SV-ITS project
Developed and executed remediation strategy for 2010 Security Audit results
Maintained security certifications for all web servers (SSL VeriSign/PayPal)
Assisted with network infrastructure installation and configuration for Key Project
Migrated Sports Center membership program and payment services solution
Participated in Green Team development of new sustainable initiatives for the City including
computer and monitor power consumption policy and improvement, ongoing support for
paperless environment; network changes to allow easier use of duplex printing, virtualization
research for future deployment and research of eFaxing strategies
Supported the creation of City-wide surveillance projects for Library, Sports Center, and
Mary Avenue Bridge projects
Created Cupertino’s EOC Technology mission statement and map for First Responder room
preparedness.
Worked with DeAnza College for ongoing salvage project
Implemented first phase of a mobile workforce whereby City-wide wireless options allow for
Service Yard and Code Enforcement staff to access their applications and data while in the
field.
GIS Accomplishments (Geographical Information Systems):
Completed Phase 1 of the GIS Centric Asset Management Project for Public Works comprised of
the streetlight, trees, street sign, stripping and pavement markings assets.
Developed and deployed “Property Information Web Application" an on-line interactive
map used to find out property characteristics, access Assessor information, and view
service and administrative data layers.
Modeled Cupertino’s Traffic Data and created an inventory of all the assets.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 41 of 37
Upgraded the City’s GIS system to ArcSDE (Spatial Database Engine) in our efforts to
implement an enterprise wide GIS.
1. Creates a central repository for all our data to be stored and managed.
2. Facilitates GIS Strategic planning to bring the maintenance of our data layers and
applications in-house
3. Allows multiple departments to edit the data
4. Streamline workflows utilizing one central hub
5. Updates and maintains over 50 layers of data.
Provides first rate customer service to citizens as well as City staff in responding to
service requests, analysis, and ad hoc maps.
Continues to update our internal MapGuide Intranet Application
Neighborhood Watch
Updated the Neighborhood Watch database to ensure active watch groups
Conducted 14 neighborhood watch meetings in 2009-10
Continued marketing efforts through weekly E-cap and Cupertino Courier
Participated in the City’s third National Night Out for our residents
Participated in a new neighborhood outreach logo to brand Neighborhood Watch,
Neighborhood Captains and Emergency Services.
Code Enforcement
Investigated and obtained compliance for 1344 code violation cases. Examples of
violations include exterior storage of debris, excess accumulation of trash, inoperative
vehicles, illegal and/or unpermitted signs, hazardous vegetation, animal nuisances,
graffiti, excessive noise, and unauthorized home occupations.
Responded to law enforcement calls for service totaling 818 hours; a savings to the City’s
law enforcement contract of $118,462. Examples of law enforcement related activities
conducted by the Code Enforcement Division include parking enforcement, abatement of
abandoned vehicles on public property and private parking lots, investigation of petty
theft, vandalism and illegal dumping crimes, traffic control, and found property reporting.
Continued City participation in the aforementioned State of California AVASA program,
which provides state reimbursement for the removal of abandoned vehicles from private
and public property.
Marked 110 abandoned vehicles (public and private property) receiving reimbursement
revenue from state AVASA funds totaling $18,885 to date.
Issued 2,667 parking citations totaling $141,435. A majority of the parking citations
issued by the Code Enforcement Division are for illegal parking during scheduled street
sweeping days and residential permit parking violations. Other violations include illegal
disabled space parking, obstruction of fire hydrants/fire lanes, and various posted no
parking zones.
Issued 77 permits totaling $10,971 for processing various types of permits such as
massage establishment, massage therapist, solicitor, handbill, and taxi cab drivers.
Annual Division Revenue Summary:
Total revenue generated by Code Enforcement, FY 09/10: $171,291
Total revenue savings from Code Enforcement, FY 09/10: $118,462
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 42 of 37
Maintained six days per week scheduling to cover specific athletic field use and
neighborhood concerns.
Expanded community education of code compliance through regular updates of the Know
Your Codes section of the Code Enforcement Division web page and continued airing of
a public service video on the City Channel related to abandoned vehicles.
Continued responsibility of coordinating and maintaining all State Department of Justice
fingerprint background records for all permit holders, City employees, and volunteers.
Completed the First Responders Operations for Law Enforcement Field Support Course
at the Holden Criminal Justice Training Center (16 hours). All Code Enforcement Staff
also obtained and organized personal protective equipment to be kept in Code
Enforcement Vehicles in case of a WMD/HAZMAT emergency.
Obtained the Intermediate Code Enforcement Officers training certificate for two staff
members. It is our intention that all staff with have their Basic, Intermediate, Advanced
and Supervisory certificates within the next year.
Expanded the Code Enforcement Office to incorporate a lobby area which includes a
counter to greet customers and small conference table.
Purged all expired files per the stated records retention schedule.
Authored an ordinance related to the use of Administrative Citations, prepared a policy
on use of Administrative Citations, ordered supplies/forms and conducted training for
Code Enforcement Staff, Animal Control Staff and Sheriff’s Deputies in their use.
Finalized a revision to the existing On Site Parking Ordinance and prepared for
presentation to the Council.
Continued revision/updates of the Standard Operating Procedure manual for Staff.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 43 of 37
City Attorney’s Office
The City Council is responsible for the selection and appointment of the City Attorney, a
position that undertakes highly complex administrative and legal work in providing counsel for
the overall municipal activities of the City as well as the Redevelopment Agency, commissions,
committees, and staff. In addition to advice, the City Attorney drafts legal documents and
engages in litigation, when necessary.
The City Attorney’s office is staffed by two employees, Carol Korade, City Attorney and the
Executive Assistant, Teresa Zueger.
Legal Research and Interpretation
A large and time-consuming part of the City Attorney’s job is legal research and interpretation of
the law. This can include a review of statutes, their legislative history and the legislative intent,
case law in state lower and appellate courts, federal law and federal case law, Attorney General
Opinions, law review articles and legal opinions as well as drafting a legal opinion applying the
legal findings to the question at hand.
City Ordinances
Cupertino passes new or amended ordinances each year, most of which become part of the
Cupertino Municipal Code. The City Attorney’s Office is directly involved in the drafting and
review of new and amended ordinances for legal soundness and plain meaning. In addition, the
City Attorney’s Office reviews the existing City ordinances on an ongoing basis to be sure they
conform to changes in state law and practice. During 2009-2010 the Council adopted 15
ordinances. Among the more significant ordinances adopted was a water efficient landscaping
ordinance and a new chapter creating an administrative citation process to offer an alternative
enforcement process for municipal code violations. Various revisions were made to the sign
regulations and massage ordinance. A ballot measure adopting an ordinance amending the
Utility Users Tax was passed by the voters in November 2009.
Resolutions
Over the course of a year, the City Council passes many more resolutions than ordinances. Most,
if not all, of the resolutions are either drafted by or reviewed by the City Attorney. This involves
both factual and legal research and writing. The City Attorney also drafts resolutions with
Council findings regarding reconsideration of Council actions. During 2009-2010 the Council
adopted 217 resolutions.
City Policies
City policies are drafted or reviewed by the City Attorney for legal sufficiency. In the last fiscal
year the Public Records Act policy was drafted to provide an internal procedure to ensure timely
and comprehensive responses to requests for public records.
Contracts
In the course of business the City enters into dozens of contracts each year. The City Attorney
either drafts or reviews contracts and analyzes specific terms to protect the best interests of the
City. Contracts drafted or reviewed include consultant contracts, contracts for public works,
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 44 of 37
telecommunication agreements, purchasing agreements, development agreements, housing
documents, building contracts and many others.
The City Attorney’s Office is an active participant in contract negotiation when requested by the
City staff and handles all contract claims filed against the City.
Bidding Procedures
The City Attorney’s Office advises on all bidding procedures in regards to current law and
procedural regulations. The City engages in a wide range of bid activities from contacts on large
public works to bids for the purchase of surplus lands, each having its own legal procedure.
Franchise Agreements
The City enters into and maintains a variety of franchise agreements including agreements for
garbage service, utilities, fiber optics and telecommunications. All such agreements are drafted
or reviewed by the City Attorney’s Office to protect the best interest of the City.
Leases
The City Attorney drafts or reviews all City leases, both leases for City property and leases
entered into by the City for the lease of property of another. For leases of City property, the City
Attorney’s Office also initiates and prosecutes unlawful detainer actions in the case of hold over
tenants.
Land Use Documents
The City Attorney’s Office drafts, reviews or approves myriad documents related to land use
projects including easements, development agreements, conditions on use permits, conditions in
CC&Rs, covenants, deed restrictions, shared parking agreements, dedications and dozens of
other legal documents regarding the use of land.
Housing and Below Market Rate (BMR) Program
The City Attorney’s office reviews documents related to the Housing and BMR Programs
including lease and purchase agreements for legal compliance and compliance with the BMR
manual. As noted in the lawsuits section, the City is actively pursuing two lawsuits seeking
damages from former BMR homeowners. In addition, one former BMR homeowner lost his
home to foreclosure although he had not violated any BMR Program agreements. In accordance
with the BMR Program agreement, the City recovered $396,000 from the foreclosure sale
proceeds and will use these funds toward replacing this home in the City’s BMR inventory.
Elections
The City Attorney advises the City Clerk and City Council on elections and ballot measures, in
addition to providing legal analysis and draft summaries. Upon request, the City Attorney
consults with the Fair Political Practices Commission to resolve campaign questions.
Conflicts of Interest
The City Attorney also keeps the City Council, staff and commissions apprised of changes in
laws regarding conflicts of interest, political contributions, incompatible offices, ethics and
election prohibitions.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 45 of 37
Bankruptcies, Claims
The City Attorney reviews any bankruptcy where the City is or may be a claimant and files the
appropriate documents
Claims and Lawsuits
The City Attorney investigates and manages all claims filed with the City endeavoring to resolve
disputes early and ensuring a timely response to requests for claims information. In addition to
advising the Council regarding potential lawsuits, the City Attorney participates in both formal
and informal negotiations including arbitration, mediation, meet and confer, and any other
alternative dispute resolution process that may resolve the conflict prior to a lawsuit. When the
occasional lawsuit occurs, the office either pursues the suit vigorously (City initiated lawsuits) or
responds with Answer, Demurrer, Mandamus, Cross-Complaint, or other appropriate instrument.
During the complicated course of any lawsuit, the City Attorney pursues every opportunity to
reach a mutually satisfactory settlement before trial. Very few City lawsuits have gone to trial.
During the past year, the City Attorney’s Office has been involved in the following:
Critzer v. City of Cupertino - The Critzers, residents of a planned development of
townhomes, filed a Writ of Mandate to force the City to withdraw a building permit for a
bathroom window in a neighboring unit, claiming it interfered with their privacy. The City
was successful at trial, but the Critzers appealed to the California Court of Appeals. The City
was also successful at the Court of Appeals, but the Critzer’s appealed to the California
Supreme Court which denied their petition for review, affirming the trial court’s decision.
As of the end of the fiscal year, the Critzer’s have filed a Petition for Writ of Certiorari
Review with the United States Supreme Court. The City Attorney anticipates an affirmation
of the lower court’s ruling in the City’s favor.
City of Cupertino v. Mansfield et al. – The City has sued the former owners of a BMR home
who refinanced the home in violation of BMR Program restrictions and then lost it to
foreclosure. The foreclosure sale produced no proceeds over and above those owed to the
foreclosing lender, and the purchaser re-sold the home free and clear from further BMR
Program restrictions. The City is seeking recovery from the former homeowners of funds
with which to replace the home in the City’s BMR inventory. The former homeowners have
filed a petition in bankruptcy, and City has filed pleadings in the bankruptcy case so that the
City may participate in any distributions of money from the former owners’ bankruptcy
estate. Nevertheless, the prospects for significant recovery are presently uncertain.
City of Cupertino v. Yuen et al. – The City has sued the former owners of a BMR home who
refinanced the home in violation of BMR Program restrictions and then lost it to foreclosure.
The foreclosure sale produced approximately $212,450 over and above the amount owed to
the foreclosing lender, and the City has received these funds. The purchaser at the foreclosure
auction re-sold the home free and clear from further BMR Program restrictions. The City is
seeking recovery from the former homeowners of funds that the City can use, in addition to
the $212,450 it recovered from the sale, to replace the home in the City’s BMR inventory.
Both the City and the former homeowners have conducted discovery, and negotiations are
also underway.
Annual Report FY 2009-10 November 1, 2010
\\Cupertinosan\groups\City Manager\Annual Report\fy10 Annual Report\Annual Report 2009-10 Final Draft.docx Page 46 of 37
Code Enforcement
Code violations, while appearing minor on their face, can have a negative effect on the citizens
of Cupertino. Most common code violations prosecuted include dangerous dogs, destruction of
protected trees, sign violations, graffiti removal, massage establishment violations, home
occupation violations, and noise abatement. The City Attorney is closely involved with advising
the Code Enforcement staff on numerous matters and enforcing violations.
When perpetrators of code violations cannot be brought into compliance, administrative citation
or misdemeanor charges are initiated. Where applicable, the City may seek an injunction,
temporary restraining order (TRO) or other civil action in civil court to gain compliance. This
past fiscal year numerous code enforcement matters were referred to the City Attorney.
Abatements
The City Attorney’s Office works closely with Code Enforcement and the Building Division to
handle nuisance abatements, which range from cutting weeds to demolishing substandard
buildings. Inspection and abatement warrants are necessary when the officers or contractors must
enter private property without the owner’s permission.
Redevelopment Agency
The City Attorney as Agency Counsel is an advisor to the Redevelopment Agency and, as such,
a portion of the City Attorney salary is paid by that agency. It is the responsibility of the City
Attorney to keep abreast of current redevelopment law, activities within the agency and advising
the City Council regarding any redevelopment item before them.